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Zimbabwean medical doctor convicted of cyberbullying
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Specialist neurologist Lennon Tonderai Gwaunza has been convicted of contravening the Data Protection Act after being found guilty of falsely claiming that another neurologist, Dr. Andrew Mataruse, was unqualified to practice neurology.
Harare magistrate Mr. Tawedzerwa Zishiri handed down the conviction after ruling that the State, led by District Public Prosecutor Mr. Tafara Chirambira, had presented sufficient evidence to establish a prima facie case against Gwaunza.
The court heard that on February 13, 2022, Gwaunza sent an email disparaging Dr. Mataruse, a specialist physician registered with the Medical and Dental Practitioners Council of Zimbabwe under PHY 700207. Mataruse, who practices clinical neurology and internal medicine, holds several advanced qualifications and is a fellow of multiple international medical institutions.
In the email, Gwaunza accused Mataruse of lacking clinical neurology training, describing the situation as a "circus” and questioning his qualifications. The email was shared with several individuals in the medical field, which the court found was an attempt to harass and intimidate Dr. Mataruse, thereby undermining his professional standing.
During mitigation, Gwaunza apologized and emphasized that he was a first-time offender. However, Mr. Chirambira argued that while a custodial sentence might be excessive, a fine should be imposed to reflect the seriousness of the offense.
The matter has been deferred to January 20, 2025, for sentencing. Gwaunza is currently out on US$100 bail.
The conviction highlights the importance of responsible communication within professional circles and the legal implications of defamation under Zimbabwe's Data Protection Act.
Harare magistrate Mr. Tawedzerwa Zishiri handed down the conviction after ruling that the State, led by District Public Prosecutor Mr. Tafara Chirambira, had presented sufficient evidence to establish a prima facie case against Gwaunza.
The court heard that on February 13, 2022, Gwaunza sent an email disparaging Dr. Mataruse, a specialist physician registered with the Medical and Dental Practitioners Council of Zimbabwe under PHY 700207. Mataruse, who practices clinical neurology and internal medicine, holds several advanced qualifications and is a fellow of multiple international medical institutions.
In the email, Gwaunza accused Mataruse of lacking clinical neurology training, describing the situation as a "circus” and questioning his qualifications. The email was shared with several individuals in the medical field, which the court found was an attempt to harass and intimidate Dr. Mataruse, thereby undermining his professional standing.
During mitigation, Gwaunza apologized and emphasized that he was a first-time offender. However, Mr. Chirambira argued that while a custodial sentence might be excessive, a fine should be imposed to reflect the seriousness of the offense.
The matter has been deferred to January 20, 2025, for sentencing. Gwaunza is currently out on US$100 bail.
The conviction highlights the importance of responsible communication within professional circles and the legal implications of defamation under Zimbabwe's Data Protection Act.
Source - The Herald
