Gaborone — In a landmark case, Mthandazo Sibanda, a Zimbabwean deportee suffering from multi-drug resistant tuberculosis (MDR TB) has taken the Ministry of Health, the Attorney General's office and the Immigration Department to court on medical grounds.

Sibanda has made an urgent application to court against his deportation as a 'Prohibited Immigrant' and he wants to be transferred from the Prisons clinic to a more conducive medical facility where he can be isolated to reduce the risk of cross infection.

He is currently sharing a room with another MDR TB patient.

He also wants to be able to access the requisite MDR TB treatment as his health is fast deteriorating and he is at risk of contracting the deadly extreme drug resistant tuberculosis (XDR TB).

Media advocacy officer of The Botswana Network on Ethics, Law and HIV/AIDS (BONELA), Doris Kumbawa, says that Sibanda's situation also poses a threat to the prison and police officials because there are no proper infection control measures in place.

"BONELA has taken up the case as it is clearly a human rights violation as Section 11 (3) of the Immigration Act states that a person who notes an appeal cannot be removed from Botswana until the matter has been fully determined by the Magistrate's Court.

"The organisation is also concerned for the life of Mr. Sibanda whose health continues to deteriorate because of lack access to proper food and medication," she said.

It was expected at the weekend that Sibanda's case will be heard by Justice Tafa of the Lobatse High Court.