News / National
Pupil fondling teacher fights job loss in court
10 Feb 2016 at 06:56hrs | Views
A PRIMARY school teacher who was fired for allegedly fondling a Grade 7 pupil during holiday extra lessons has taken the Minister of Primary and Secondary Education Lazarus Dokora to court, challenging his dismissal.
Never Ncube, formerly employed as a senior teacher at Lochview Primary School in Bulawayo, allegedly fondled the 14-year-old pupil's breasts before hugging her without her consent during vacation lessons.
He allegedly invited the girl to an empty classroom where he indecently assaulted her on different occasions between August 24 and September 4, 2015.
Ncube would touch the girl's buttocks in the absence of other pupils during break-time.
The girl claimed that Ncube's intention was to have sex with her.
Ncube was relieved of his duties last year for breaching clause 46(1) (b) of the Public Service Regulation 2000 – having an improper association with a minor at any time or place in a manner or circumstances likely to bring the name Civil Service Commission or any part thereof into disrepute – following a disciplinary hearing.
But in papers filed at the Bulawayo Labour Court on Monday, Ncube, through his lawyer, Khulekani Sibanda of Mathonsi Ncube Law Chambers, said the disciplinary authority erred in its determination.
"I gave a very good defence which wasn't disapproved but was even corroborated by a witness who was there at all material time. The disciplinary authority erred by holding that my alleged failure to dispute the complainant's allegations meant that I was guilty," he said.
Ncube further argued that he was tried and acquitted by a criminal court.
"The disciplinary authority erred in law by trying me on the same cause of action as I had been tried and acquitted by a court of law in full observation of the rules of evidence, making me suffer double jeopardy," he said.
Ncube is seeking an order that sets aside the determination of the disciplinary authority and for Dokora to be compelled to reinstate him without loss of his salary. He also wants the minister to pay him damages for pain and suffering as a result of the job loss and to pay the costs of the lawsuit.
Dokora has not yet filed opposing papers challenging the application.
Never Ncube, formerly employed as a senior teacher at Lochview Primary School in Bulawayo, allegedly fondled the 14-year-old pupil's breasts before hugging her without her consent during vacation lessons.
He allegedly invited the girl to an empty classroom where he indecently assaulted her on different occasions between August 24 and September 4, 2015.
Ncube would touch the girl's buttocks in the absence of other pupils during break-time.
The girl claimed that Ncube's intention was to have sex with her.
Ncube was relieved of his duties last year for breaching clause 46(1) (b) of the Public Service Regulation 2000 – having an improper association with a minor at any time or place in a manner or circumstances likely to bring the name Civil Service Commission or any part thereof into disrepute – following a disciplinary hearing.
But in papers filed at the Bulawayo Labour Court on Monday, Ncube, through his lawyer, Khulekani Sibanda of Mathonsi Ncube Law Chambers, said the disciplinary authority erred in its determination.
"I gave a very good defence which wasn't disapproved but was even corroborated by a witness who was there at all material time. The disciplinary authority erred by holding that my alleged failure to dispute the complainant's allegations meant that I was guilty," he said.
Ncube further argued that he was tried and acquitted by a criminal court.
"The disciplinary authority erred in law by trying me on the same cause of action as I had been tried and acquitted by a court of law in full observation of the rules of evidence, making me suffer double jeopardy," he said.
Ncube is seeking an order that sets aside the determination of the disciplinary authority and for Dokora to be compelled to reinstate him without loss of his salary. He also wants the minister to pay him damages for pain and suffering as a result of the job loss and to pay the costs of the lawsuit.
Dokora has not yet filed opposing papers challenging the application.
Source - chronicle
