Amhlope Deputy Head Sacked for Beating Pupils

The Labour Court has upheld the dismissal of a deputy headmaster who was fired for administering corporal punishment on pupils.

Gibson Matsholongwane Lusinga was employed as the deputy headmaster at Amhlope Secondary School in Bulawayo.

He appeared before a disciplinary committee on June 20, 2004 on allegations of gross misconduct in that between October 20 and 23, 2003, he and one David Mpofu – a member of the public – had inflicted corporal punishment on pupils using sticks.

This was contrary to the Education Policy Number P35 of October 1999.

The disciplinary committee found Lusinga guilty on the charges and he was dismissed through a letter dated February 15, 2005 from the Secretary for Education, Sport and Culture.

Lusinga then exercised his right under the Public Service Regulations 2000, Statutory Instrument 1 of 2000 by appealing to the Labour Court.

His grounds of appeal were that a Mr Mugomba who is the Education Officer for Discipline, Bulawayo, did the investigations on his own.

Lusinga argued that Mr Mugomba did not carry out any investigations, but merely called a handful of pupils whose names he had been given by the headmaster Mr Luke Siziba who, at that time, was on suspension.

He further argued that the police carried out investigations and he was arraigned before the magistrate court at Western Commonage on the same charges.

He was however, discharged at the close of the State case. It was Lusinga's submission that the evidence from the criminal trial was admissible in civil proceedings on the basis of Section 31 of the Civil Evidence Act as well as Section 47 of the Public Service Regulations.

Labour Court president Ms Beatrice Chivizhe noted that Lusinga had not demonstrated clearly how Mr Mugomba had played the role as an investigator, prosecutor and judge.

Ms Chidziva said: "It is no longer necessary for the court to determine the issue as to whether or not the evidence from the criminal court is admissible in civil proceedings and in particular before the Labour Court.
"This is because after four years of trying to locate that record the registrar has failed to obtain same."

She pointed out that Lusinga had not proffered any defence to the charges before the court. He was facing charges of enforcing corporal punishment on pupils and allowing non-professional persons from outside to apply corporal punishment on pupils.

The Ministry of Education led evidence from several witnesses including four teachers and three pupils who confirmed the beatings.

That evidence was not challenged by Lusinga and at the end of the proceedings, was asked to comment but said nothing.