Lawyer Lovemore Madhuku By Rukudzo Gota and Kuda PembereThe Harare Institute of Public Health (HIPH) has threatened to take legal action against the Nurses Council of Zimbabwe (NCZ) over a public notice that HIPH says defamed and misrepresented its legitimacy as a training institution.Through its legal representative, Professor Lovemore Madhuku, HIPH issued a 24-hour ultimatum for the NCZ to retract and delete the statements posted on social media platforms, which it argues falsely accuse the institution of fraudulently offering nursing education.According to Madhuku, the NCZ’s statement portrays HIPH as illegitimate, suggesting it is misleading the public by offering unauthorised nursing courses. He said the remarks amount to malicious defamation, which is not protected under Zimbabwe’s constitutional provisions for free expression.Your published statement is understood by the ordinary right-thinking member of society to mean that my client is fraudulently involved in nursing education,” Madhuku stated in the letter. “That my client is cheating members of the public into believing that it is running professional courses.
That it is run by an unprofessional management and is not fit to conduct the training programmes under its purview.”He argued that the damage caused by the NCZ’s statement extends beyond public perception, as it has triggered widespread media coverage that reinforces what HIPH considers a false narrative. Madhuku said the accusations do not fall under the protection of freedom of speech, citing Section 61(5) of the Constitution, which excludes “malicious injury to a person’s reputation or dignity.”“Your statement is not protected by the fundamental right to freedom of expression and freedom of the media in Section 61 of the Constitution because it is, without doubt, malicious injury to my client’s reputation,” said Madhuku.HIPH is demanding not only a public apology and retraction but also the immediate removal of all social media content referencing the allegations. Should the NCZ fail to comply within 24 hours, Madhuku warned that legal proceedings under defamation law will follow.At the centre of the dispute is the regulatory mandate.
HIPH argues that the courses it offers fall outside the purview of the NCZ. The institution provides Nursing Assistant programmes accredited by the Ministry of Higher and Tertiary Education, Innovation, Science and Technology Development—programmes that currently do not fall under the NCZ’s oversight, unlike training for Registered General Nurses (RGNs) and Primary Care Nurses (PCNs).Madhuku’s letter further noted that the NCZ itself had acknowledged in its public statement that it has no formal association with HIPH’s programmes.“Your statement makes the following averments: that you have no regulatory connection with my client; that you are not associated in any capacity with the curriculum, accreditation or certification of any nursing programs offered by my client; and that such courses are not under your review, recognition or approval.”HIPH Assistant Registrar Retlaw Matorwa said the council’s statements were damaging to the institute’s credibility and misled the public.“The Nurses Council’s malicious claims have unjustly vilified HIPH, misleading the public and tarnishing our global standing. We demand an immediate, unequivocal retraction and apology to set the record straight and uphold the truth about our institution’s professionalism and credibility,” said Matorwa.In its public statement that triggered the lauwsuit, the Nurses Council of Zimbabwe had said it does not regulate HIPH’s nursing programmes and that its notice was intended to inform the public.“The Nurses Council of Zimbabwe wishes to clarify and inform members of the public, healthcare stakeholders and all prospective nursing students that it has no regulatory connection with the Harare Institute of Public Health regarding the training of nurses,” read the NCZ statement.“The Council is not associated in any capacity with the curriculum, accreditation or certification of any nursing programs offered by the Harare Institute of Public Health.
Any training or courses in nursing conducted by the said institution are not under the purview, recognition or approval of the Nurses Council of Zimbabwe.”While the Nurses Council reasserts its role as the sole statutory authority responsible for regulating nursing education and practice in Zimbabwe under the Health Professions Act [Chapter 27:19], the standoff with HIPH now sets the stage for a potential legal battle that could test the boundaries of regulatory authority and institutional reputation in the health education sector.Post Views:525Tweet
Source: HealthTimes
