By Court Reporter
A TOTAL of 43 nursing candidates who failed to enrol with Harare Central Hospital last year after Health Minister Obadiah Moyo ordered them to reapply, have won a court case in which they were challenging the minister’s decision.
High Court judge, Christopher Dube-Banda ruled that the decision by the minister was unlawful.
Moyo had ordered the successful candidates to electronically reapply on the grounds that the principal tutor who interviewed them had no authority to do so.
But the judge said the correct remedy was he should have sought to settle the issue with the court.
“If the respondents are of the view that the recruitment of the applicants was as a result of unlawful conduct, they should have made an application to court to declare the process unlawful and have it set aside,” said the judge.
He added: “Even faced with this application, respondents did not file a counter application, seeking that the recruitment process of the applicants be declared invalid and be set aside.
“My humble view is that the conduct of the respondents in purporting to arbitrarily nullify and set aside the recruitment process of the applicants and their offer letters is unlawful and invalid.”
The ruling came after the 43 students, whose 2018 recruitment offer letters were withdrawn, approached the High Court seeking Moyo’s directive to be nullified.
The judge came to their rescue and issued an order directing the authorities to enrol them in this year’s intake.
Moyo, Harare Hospital Management Board and the Chief Executive, were cited as respondents.
Dube-Banda ordered the respondents to settle legal fees.