WOES continue to mount for convicted registrar of the Medical and Dental Practitioners Council of Zimbabwe Collen Benyure, as a new court application seeks to block his return to office following his release on bail.
Benyure was recently found guilty of criminal abuse of duty, and was jailed for an effective 12-month.
The conviction and sentence followed his other conviction early this year on a charge of perjury which he was slapped with a wholly suspended six months imprisonment.
Upon his release, Benyure has allegedly resumed his duties at the council which has triggered urgent legal action at the High Court of Zimbabwe.
The application, filed by Abigail Gaga, lists Benyure, the council, its chairperson, the Health Professions Authority of Zimbabwe, and the Ministry of Health as respondents. Gaga argues that bail pending appeal does not nullify a conviction, meaning Benyure remains legally disqualified from holding office.
Citing provisions of the Health Professions Act (Chapter 27:19), she maintains that any individual sentenced to imprisonment without the option of a fine is automatically barred from serving in health regulatory bodies. According to her submission, such a sentence results in immediate disqualification and termination of office.
This comes after reports that by April 20, Benyure had resumed his duties and even presiding over disciplinary hearings of other professionals and further attending the important meetings.
This according to Gaga is a serious violation of the law as the convictions mean automatic expulsion from office, describing it as further abuse of office.
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She argues that Benyure cannot determine the fate of other professionals yet he is a convict who should not hold office.
She further describes all the decisions made by Benyure as null and void at law as his conviction renders him terminated.
“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.
“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.”
Gaga further contends that Benyure’s employment contract reinforces this position, stating that a custodial sentence triggers automatic dismissal. She insists his attempt to return to work under the protection of bail would be unlawful.
As a result, she is asking the court to issue an interim order preventing Benyure from resuming his role or carrying out any functions associated with the registrar’s office until his appeal is fully resolved.
“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.
“He should 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.”
