Online Reporter
Herald Reporter
Harare regional magistrate Mr Donald Ndirowei has convicted senior medical doctor, Collen Benyure, after he found him guilty of perjury.
Benyure, who was the Registrar of the Medical and Dental Practitioners Council of Zimbabwe, is alleged to have testified under oath that he was representing the council in criminal proceedings, knowing this was false.
In his ruling, Mr Ndirowei said Benyure’s account of events could not withstand scrutiny under the law.
Mr Ndirowei said Benyure had falsely told the court that he had authority to testify on behalf of the council he once served.
The court held that the claim was not supported by evidence and was directly contradicted by official records.
The conviction followed the production of a formal council resolution which clearly showed that Benyure had never been authorised to represent the institution in judicial proceedings.
In earlier testimony, the doctor had assured the court that he appeared in an official capacity. During the perjury trial, however, prosecutors tabled documentary evidence demonstrating that no such mandate had been given.
In his ruling, Mr Ndirowei emphasised that statutory bodies, as juristic persons, can only act through properly authorised representatives.
He held that professional status or seniority does not substitute for lawful authority, and that claims of representation must be supported by clear proof.
Benyure was convicted under section 183 of the Criminal Law Codification and Reform Act, which criminalises the making of false statements under oath.
The offence carries a potential penalty of a Level 10 fine, imprisonment for up to five years, or both.
The law further provides that a statement may be false by omission as well as by commission, meaning that withholding the truth can be as serious as stating an untruth.
The doctor is expected to return to court on Friday for mitigation and sentencing, when the magistrate will determine an appropriate sentence in light of the seriousness of the offence and the professional responsibilities that accompanied his position.
