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Dr Parirenyatwa

Daniel Nemukuyu Senior Court Reporter
Seven student nurses, who are challenging their final examination results, have taken the Minister of Health and Child Care and the Nurses’ Council of Zimbabwe to court demanding a remark of their answer scripts.
Memory Chitumbura, Ennia Garakara, Gamuchirai Dube, Mharidzo Magombedze, Ruth Mutungwazi, Chipo Wachenuka and Phillimon Kwenda completed their nursing diploma course last year but their results showed they failed a paper titled “Nurses Surgical Paper 2”.

They trained at Bindura Provincial and Harare Central hospitals.
NCZ gave them a second chance and they sat for the paper in March this year but their results remained in the negative prompting them to appeal to the council.
They demanded a remark but NCZ and the minister have not done anything prompting the seven to seek recourse at the High Court.

However, NCZ is strongly resisting the demand arguing that it was the council’s policy that failures are not entitled to a remark neither do they get their examination answer scripts.

The seven believe the examination was easy and that they answered the questions correctly but to their surprise they got negative results.
In the High Court application filed by Harare lawyer Mr Wellington Pasipanodya of Manase and Manase law firm recently, the seven allege unfair treatment.
One of the applicants, Kwenda, said he strongly believed he passed the examination.

“I was dissatisfied with the grade as I verily believe that the exam was fairly straightforward and my performance appraisal for the past three years bears testimony to this.

“The appraisals have been requested and such requests have been denied,” read Kwenda’s affidavit.
In terms of Section 62 of the Constitution of Zimbabwe, the nurses argue they were entitled to a remark and access to their scripts.

“I have a right to access information held by any State institution or any person in accordance with Section 62 of the Constitution of Zimbabwe.
“I approached the respondent requesting a remark of the Surgical Paper 2 and also further requested to physically see my examination script,” he said.

If the council fails to do the remark or to furnish the seven with the scripts, the lawyers seek to compel Government to register the students as qualified nurses.
In the notice of opposition filed by Chihambakwe, Mutizwa and Partners, NCZ registrar Ms Muriel Mothobi said the “failed students” were not entitled to scripts or a remark.

“The first respondent (NCZ) has confidence in the way their certifying examinations are set and marked and therefore we do not give out scripts to failed students and neither do we conduct a remark.

“I stand by the fact that the first respondent cannot provide the applicants with their scripts because it is against the organisation’s standard and operating practices and policies.

“In any event, what will be the purpose of furnishing a failed student with his or her script?
“So that they can mark for themselves and challenge the marks they got in order to open a Pandora’s box for all other failed students in the future who would come and demand for access to their scripts, challenge the markers and demand for a remark?

“This will result in the organisation losing its credibility and integrity,” she said.
NCZ argues that the court does not have power to register the seven as nurses especially when they have failed the examinations.

The council argues that the decision to register the seven as nurses will put the lives of many patients at risk.
The matter was still to be set down for hearing in the High Court.