A HIGH COURT bid to stop a convicted medical regulator from reporting for duty has collapsed after the court flagged defective court papers.
Collen Benyure, registrar of the Medical and Dental Practitioners Council of Zimbabwe, was recently jailed for an effective 12 months for criminal abuse of duty.
He appealed both the conviction and sentence.
Earlier this year, he was also convicted of perjury and handed a wholly suspended six-month prison term.
But despite his criminal record, Benyure allegedly resumed work at the council upon release, prompting an urgent court application to block him.
The applicant, Abigail Gaga, argued that bail pending appeal does not erase a conviction.
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She cited Benyure, the council, its chairperson, the Health Professions Authority of Zimbabwe, and the Health ministry as respondents.
She cited the Health Professions Act (Chapter 27:19), which states that anyone sentenced to imprisonment without the option of a fine is automatically disqualified from holding office in health regulatory bodies.
According to her submission, such a sentence results in immediate disqualification and termination of office.
Gaga further claimed that by April 20, Benyure had already resumed duties, including presiding over disciplinary hearings of other professionals.
She described this as a “serious violation of the law,” arguing that all decisions made by a
disqualified registrar are null and void.
She also argued that Benyure cannot determine the fate of other professionals, yet he is
a convict who should not hold office.
She sought an interim order to bar Benyure from the registrar’s role until his appeal is resolved.
However, Benyure’s lawyer, Jeremiah Bhamu, upon perusing court papers, found that the date on the assumption of urgency by Gaga's lawyers was different from the affidavits filed.
This caused Gaga’s lawyers to withdraw the application.
High Court judge Justice Priscilla Munangati-Manongwa granted the withdrawal.