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Supreme Court
Traditional Medical Practitioners Council v Joyce Guhwa
SC 19/25
Case Details
Court
Supreme Court
Date
6 March 2025
Citation
SC 19/25
Neutral Citation
[2025] ZWSC 19
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GWAUNZA DCJ
Author
CHATUKUTA JA
Full Bench
GWAUNZA DCJBHUNU JACHATUKUTA JA
Areas of Law
Labour LawAdministrative Law
Keywords
Disciplinary Hearing14-day periodSuspensionNullityReview
Tags
Disciplinary HearingProcedural FairnessNullitySuspension
legislation
Statutes Cited
- Labour National Employment Code of Conduct, 2006
- Labour National Employment Code of Conduct, 2006
- Traditional Medical Practitioners Act
- Public Entities Corporate Governance Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the delay in conducting a disciplinary hearing within fourteen days of the date of suspension was a gross irregularity rendering the proceedings before the disciplinary tribunal a nullity.","issue_type":"procedural","dispositive":"yes","related_facts":"Suspension on 25 February 2022; hearing commenced on 13 September 2022; requirement of s 6(2) of the Code."}
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background
Facts of the Case
Background
The appellant, Traditional Medical Practitioners Council, suspended its Registrar, the respondent, on 25 February 2022. A disciplinary hearing was only conducted from September to November 2022, well outside the 14-day period stipulated in the Labour Code of Conduct. The Labour Court found the delay to be a fatal irregularity and ordered the respondent's reinstatement.
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