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allegedly operating without a practising certificate while the hospital was de-registered.
Dr Chikwava, who is also on suspension on separate allegations of negligently handling a female patient before she later died at his private clinic, has since appeared before a Mbare magistrate facing charges of
practising without a certificate and operating an unregistered institution.
The suspension order compelled Dr Chikwava to undergo psychiatric examination and to pay US$300 fine.
The trial date for the criminal charges has been set for August 22. A bid by the doctor, through his lawyers Mabulala and Motsi, to seek stay of prosecution hit a snag last Wednesday after High Court judge Justice
Tendai Uchena threw out his urgent chamber application.
The application also sought to compel the Medical and Dental Practitioners Council of Zimbabwe to issue the doctor with a practising certificate and to re-register Mbuya Maria Poly Medic Clinic.
The doctor is alleged to have continued practising without a certificate on unregistered premises since 2008 when the Medical and Dental Practitioners’ Council of Zimbabwe withheld his practising papers for
failure to comply with the council’s requirements.
The doctor who has 35 years experience clashed with the health council in 2007 after his practising certificate for the year was withheld. The council requires that all practitioners should attain at least 50 points of what they call continued professional development before being issued with a certificate. Dr Chikwava did not meet the required standards and was denied a certificate. The same year Dr Chikwava appealed against the decision and he was eventually issued with a certificate to practice that year. From 2008 to last month, according to the council, Dr Chikwava was operating illegally at an unregistered clinic.
In April, Dr Chikwava was brought before a disciplinary hearing that suspended him from private practice for 12 months. The hearing convicted him of negligently handling a female identified as Mrs Bvanyure who later died.
He was seconded to work at Harare Central Hospital under supervision for the suspension period as he put his papers in order to resume operations.
Operations at the institution that was founded in the 1980s ceased last month following the one-year suspension imposed on Dr Chikwava on allegations of negligently causing the death of Mrs Bvanyure.
On June 10, Dr Chikwava appealed against the decision and it is still pending. In a dismissed urgent chamber application, Dr Chikwava argued that considering that he had appealed against the decision, he should be allowed to practise pending determination thereof. He said the order for him to cease operations would affect him financially as he was a breadwinner in his family.
“For the past 35 years, I have been solely depending on my practice to take care of my family for which I am the breadwinner.
“I also had employed 10 workers who will also suffer the same fate. I also had entered into contracts with various maternity patients to provide maternity services at my institution but the respondent has illegally ordered me to cease operations,” he said.
The doctor complained about the decision by the disciplinary hearing to send him for psychiatric examination.
“The first respondent, without any evidence or complaint of my mental instability, has ordered me in its judgment dated June 2, 2011 to appear before a panel of psychiatrists.
“(It also ordered me) to submit a psychiatric report by June 30, 2011 and to appear before the health committee on August 5, 2011,” he said.
Online Reporter