Convicted MDPCZ Registrar Faces New High Court Bid To Block Return To Duty

By Judith Nyuke

In a fresh blow to convicted Medical and Dental Practitioners Council of Zimbabwe registrar Collen Benyure, a new court application has been filed to prevent his return to office following his release on bail.

Recently convicted of criminal abuse of duty, Benyure was sentenced to an effective 12-month prison term.

This follows a separate legal matter earlier this year in which he was found guilty of perjury and received a six-month suspended sentence.

However, an urgent legal battle has reached the High Court following reports that Benyure has returned to his duties after being released on bail pending appeal.

In an application naming Benyure and various health authorities as respondents, Abigail Gaga argues that his recent conviction makes him ineligible for office.

She asserts that while Benyure may be out on bail, the conviction itself remains in place, legally barring him from his post.

Citing the Health Professions Act, Gaga argues that Benyure was automatically expelled from office the moment he was sentenced to prison without a fine.

She labels his return to duty as a “serious violation,” asserting that a convict cannot legally determine the fate of other professionals.

According to the filing, Benyure’s disqualification is immediate, rendering all his recent official actions and decisions null and void.

“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,” read part of the court papers.

Gaga argues that Benyure’s employment contract mandates automatic dismissal upon receiving a custodial sentence, making his return to work while on bail unlawful.

Consequently, she is seeking an interim court order to bar him from performing any registrar duties until his appeal is finalized.

“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.”