News / Regional
Teacher fired for demanding kickbacks from parents to secure places
05 Jun 2017 at 06:47hrs | Views
A TEACHER at Coghlan Primary School in Bulawayo has been fired by the Ministry of Primary and Secondary Education for demanding kickbacks from parents to secure places for their children.
The teacher allegedly demanded and received about $400 from parents desperate to get places at the school.
Ms Debra Mhlophe was employed in June 2014 as an Early Childhood Learning (ECD) teacher at the girls' school. It is one of the top primary schools in Bulawayo which produces good Grade Seven results every year.
Ms Mhlophe was fired last year for breaching Public Service regulations following an internal disciplinary hearing.
Aggrieved by the decision of the disciplinary committee, she launched an appeal at the Labour Court citing the Minister of Primary and Secondary Education Dr Lazarus Dokora as the respondent.
Bulawayo Labour Court judge Justice Mercy Moya-Matshanga after going through the court papers, upheld the outcome of the disciplinary committee.
Ms Mhlophe through her lawyers Samp Mulaudzi and Partners sought an order interdicting Dr Dokora from firing her.
Justice Moya-Matshanga ruled that there was overwhelming evidence that linked Ms Mhlophe to underhand dealings.
"I believe that the witnesses were credible and I have no reason not to believe them. The evidence points clearly to the appellant having committed the offence," she said.
"I find that there is overwhelming evidence against her and the finding of guilty was properly made. There is therefore no need to interfere with it. The respondent proved the commission of the offence by the appellant on a balance of probabilities and the conviction is hereby upheld with costs to be borne by the appellant," ruled Justice Moya-Matshanga.
According to court papers, Ms Mhlophe would solicit for bribes from parents in exchange for places for their children.
She sold enrolment forms to the parents for varying amounts on different occasions.
Evidence led by parents whose children secured places through unorthodox means nailed Ms Mhlophe.
The court heard that Ms Mhlophe sold enrolment forms to parents, which was against the school policy resulting in over-enrolment.
While considering pupils enrolled for the first term, the teacher-in-charge noted the anomaly in the forms. She also discovered that some of the forms had not been issued by her and they were photocopies.
When the parents came with the forms and the children on the opening day, they were quizzed on how they got the forms and secured the places they revealed that they got them from Ms Mhlophe.
One witness, Ms Sehlule Moyo said she paid Ms Mhlophe $268 after the teacher lied to her that the money was for the school fees for the complainant's child.
When Ms Moyo discovered that Ms Mhlophe had not paid the fees as per the agreement, a quarrel ensued resulting in the matter being reported to the school head.
Another woman only identified as Mrs Gomba allegedly paid Ms Mhlophe $150 to secure a place for her child.
In her defence, Ms Mhlophe denied the charges, arguing that they were fabricated by fellow teachers who hated her. She said there was no evidence linking her to the offence, arguing that she was not properly identified by the affected parents.
According to the school policy, the teacher-in-charge is the only person who is authorised to conduct the enrolment exercise.
The Minister was represented by the Civil Division in the Attorney-General's Office.
The teacher allegedly demanded and received about $400 from parents desperate to get places at the school.
Ms Debra Mhlophe was employed in June 2014 as an Early Childhood Learning (ECD) teacher at the girls' school. It is one of the top primary schools in Bulawayo which produces good Grade Seven results every year.
Ms Mhlophe was fired last year for breaching Public Service regulations following an internal disciplinary hearing.
Aggrieved by the decision of the disciplinary committee, she launched an appeal at the Labour Court citing the Minister of Primary and Secondary Education Dr Lazarus Dokora as the respondent.
Bulawayo Labour Court judge Justice Mercy Moya-Matshanga after going through the court papers, upheld the outcome of the disciplinary committee.
Ms Mhlophe through her lawyers Samp Mulaudzi and Partners sought an order interdicting Dr Dokora from firing her.
Justice Moya-Matshanga ruled that there was overwhelming evidence that linked Ms Mhlophe to underhand dealings.
"I believe that the witnesses were credible and I have no reason not to believe them. The evidence points clearly to the appellant having committed the offence," she said.
"I find that there is overwhelming evidence against her and the finding of guilty was properly made. There is therefore no need to interfere with it. The respondent proved the commission of the offence by the appellant on a balance of probabilities and the conviction is hereby upheld with costs to be borne by the appellant," ruled Justice Moya-Matshanga.
According to court papers, Ms Mhlophe would solicit for bribes from parents in exchange for places for their children.
She sold enrolment forms to the parents for varying amounts on different occasions.
Evidence led by parents whose children secured places through unorthodox means nailed Ms Mhlophe.
The court heard that Ms Mhlophe sold enrolment forms to parents, which was against the school policy resulting in over-enrolment.
While considering pupils enrolled for the first term, the teacher-in-charge noted the anomaly in the forms. She also discovered that some of the forms had not been issued by her and they were photocopies.
When the parents came with the forms and the children on the opening day, they were quizzed on how they got the forms and secured the places they revealed that they got them from Ms Mhlophe.
One witness, Ms Sehlule Moyo said she paid Ms Mhlophe $268 after the teacher lied to her that the money was for the school fees for the complainant's child.
When Ms Moyo discovered that Ms Mhlophe had not paid the fees as per the agreement, a quarrel ensued resulting in the matter being reported to the school head.
Another woman only identified as Mrs Gomba allegedly paid Ms Mhlophe $150 to secure a place for her child.
In her defence, Ms Mhlophe denied the charges, arguing that they were fabricated by fellow teachers who hated her. She said there was no evidence linking her to the offence, arguing that she was not properly identified by the affected parents.
According to the school policy, the teacher-in-charge is the only person who is authorised to conduct the enrolment exercise.
The Minister was represented by the Civil Division in the Attorney-General's Office.
Source - chronicle