Senior doctor convicted over false testimony

A Harare magistrate has convicted a senior medical doctor and former Registrar of the Medical and Dental Practitioners Council of Zimbabwe (MDPCZ), Dr Collin Benyure, of perjury after finding that he deliberately misled the court by falsely claiming he had authority to testify on behalf of the council.

Dr Benyure (64) was found guilty of contravening Section 183 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], which criminalises the making of false statements under oath during judicial proceedings. He is expected to be sentenced today.

The conviction stems from Dr Benyure's testimony as a defence witness in an earlier criminal case, where he told the court under oath that he had been authorised by the MDPCZ to represent and speak on its behalf. During his perjury trial, the State produced evidence showing that no such authority had been granted.

Prosecutors submitted a council resolution which confirmed that Dr Benyure had not been authorised to testify on behalf of the MDPCZ, arguing that he knowingly misled the court while under oath.

In its closing submissions, the State stressed that Dr Benyure's former roles as registrar and spokesperson of the council did not automatically give him the legal authority to represent the statutory body in court without a formal resolution.

Handing down judgment on Thursday, Magistrate Donald Ndirowei ruled that the State had proved its case beyond reasonable doubt. He held that a statutory council, as a juristic person, can only act through representatives who have been formally authorised.

"The accused's assertion that his position alone clothed him with authority to represent the council is legally indefensible," Magistrate Ndirowei said.

The court heard that in 2023, Dr Andrew Mataruse reported a case of cyberbullying against Lenon Tonderai Gwaunza. The matter was investigated by the CID Commercial Crimes Division (Northern Region), leading to Gwaunza's arrest and prosecution at the Harare Magistrates' Court before magistrate Mr Zishiri.

On May 22, 2024, Dr Benyure was called as a defence witness by Gwaunza. During cross-examination by the State, Dr Benyure testified that he was representing the MDPCZ, claiming he had been authorised to do so.

Following his testimony, the matter was reported to the police, triggering investigations. Police subsequently requested proof from the MDPCZ of any resolution authorising Dr Benyure to act on its behalf in the case.

In a written response dated February 6, 2025, the council stated that it had not specifically authorised Dr Benyure, even in his capacity as acting registrar, to appear as a defence witness in that particular matter.

The State argued that by claiming his appearance was backed by a council resolution, Dr Benyure knowingly lied under oath, thereby committing perjury.

Sentencing is expected to take place today.