Specialist neurologist Lennon Tonderai Gwaunza has been found guilty of contravening the Data Protection Act after he falsely claimed that another neurologist, Dr. Andrew Mataruse, was unqualified to practice neurology. The Harare Magistrate, Mr. Tawedzerwa Zishiri, delivered the conviction following the presentation of sufficient evidence by the State, represented by District Public Prosecutor Mr. Tafara Chirambira.
Disputed Allegations and Evidence
The court heard that on February 13, 2022, Gwaunza sent an email disparaging Dr. Mataruse, who is a well-established specialist physician registered with the Medical and Dental Practitioners Council of Zimbabwe under PHY 700207. Dr. Mataruse practices clinical neurology and internal medicine, and holds multiple advanced qualifications, including fellowships from several international medical institutions. In the email, Gwaunza accused Mataruse of lacking proper clinical neurology training, describing the situation as a “circus” and questioning his qualifications. This email, which was shared with several individuals in the medical field, was viewed by the court as an attempt to harass and undermine Dr. Mataruse’s professional standing.
Legal Proceedings and Sentencing
During the mitigation process, Gwaunza apologized and noted that he was a first-time offender. Mr. Chirambira, representing the prosecution, 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, and Gwaunza remains out on US$100 bail.
Implications and Responsibility
This conviction underscores the importance of responsible communication within professional circles and highlights the legal implications of defamation under Zimbabwe’s Data Protection Act. “This case serves as a reminder that any form of cyberbullying or defamation in professional settings will be taken seriously,” said Mr. Chirambira. The incident reflects the need for healthcare professionals to maintain respectful interactions and adhere to ethical standards in their communications.
This news item is based on an article published by Bulawayo24. The article can be accessed here.
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