THE convicted registrar of the Medical and Dental Practitioners Council of Zimbabwe (MDCPZ) has been dragged to the High Court amid reports he is seeking to resume work at the council after his release from prison on bail pending appeal.
Collen Benyure was recently convicted of criminal abuse of duty and perjury and jailed for an effective 12 months.
He was granted bail pending appeal against both conviction and sentence and upon his release, allegations are that he is seeking to resume his duty at the council as registrar resulting in an urgent chamber application seeking to stop him.
In an urgent application filed by Abigail Gaga through her lawyer Tinashe Zinto, Benyure, the council, the council’s chairperson, the Health Professions Authority of Zimbabwe and the Ministry of Health have been cited as respondents.
It is Gaga’s argument that the release of Benyure on bail pending appeal does not suspend the conviction which means he should be at the same place where he was found guilty of violations.
“Section 7 and section 9 of the Health Professions Act (Chapter 27:19) prohibits and disqualifies persons who have been convicted and sentenced to imprisonment from holding office in health regulatory bodies and those who already hold office are deemed to have vacated same the moment he is sentenced in any country to a term of imprisonment imposed without the option of a fine.
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“By being sentenced to 12 months in prison without an option of a fine, the 1st respondent was disqualified from holding office in any regulatory body and his previous appointment deemed vacated forthwith.
“In addition to statutory provisions, 1st respondent contract of engagement with the 2nd respondent is clear that a conviction for a criminal offence carrying a custodial sentence triggers automatic or applicable termination,” Gaga said in her papers.
Gaga said the application is urgent on the basis that Benyure has sought to resume his duties at the council on the basis of the bail order which she argues will be in violation of the law.
She is seeking an order to for Benyure to, “be barred from resuming as and or occupying the position as registrar of the 2nd respondent in contravention of section 7 and 9 of the Health Professions Act pending the full and final determination of his appeal against conviction and sentence at the High court of Zimbabwe.”
She is also applying to have Benyure, “barred from performing, purporting to perform, or holding himself out as being authorized or entitled to perform any of the statutory, administrative, regulatory, or executive functions of the office of Registrar of the MDPCZ pending the full and final determination of his appeal against conviction and sentence at the High court of Zimbabwe.”