News / National
New twist to expelled learners saga
09 Dec 2024 at 06:56hrs | Views
Parents and guardians of children who were recently expelled from Mother Patrick Convent Primary School in Harare have taken legal action, demanding the reinstatement of their children. The Catholic-run institution is facing a lawsuit, with the parents accusing the school authorities of violating their children's constitutional right to education.
The dispute arose when staff at the school withdrew their services, citing a series of challenges facing the institution. In response, parents and guardians temporarily stopped sending their children to school. However, the school issued expulsion letters for the students, despite informing parents that the re-enrolment process had been reopened for those affected. The school also required an admission fee of US$5 to review the re-enrolment applications.
According to a letter of demand served to the school authorities by Matika, Gwisai and Partners Legal Practitioners, the expulsion of the students on December 2, 2024, violated their constitutional rights. The lawyers argue that the decision was unjust and unlawful, as it stemmed from the school's suspension of the academic calendar, which left students without proper notice.
"The decision to withdraw pupils was unilateral and in clear violation of the rights to administrative justice under section 68 of the Constitution," the lawyers stated. "It was substantively unfair in that the reason for not being present was at the instance of the school, which had suspended the calendar until further notice (which notice never came)."
The legal team further emphasized that the expulsion infringed on the right to education, protected under sections 75 and 81(1)(f) of the Constitution, as well as the Education Act (Chapter 24:04). The letter argues that the right to education cannot be revoked arbitrarily by the school.
The lawyers have demanded that the school retract the expulsion letters and terminate any actions related to the re-enrolment process. They also criticized the school's attempt to charge an admission fee for re-enrolment, calling it unjust and unlawful.
"You cannot benefit from your own wrongdoing, apportion blame where it is not due, and attempt to profit from that through a purported re-enrolment process," the lawyers stated in their letter.
They further pointed out that the policy the school referenced for expulsion was based on a non-existent ministry, as primary and secondary education is under the jurisdiction of the Ministry of Primary and Secondary Education, not the "Education, Sports, and Culture Ministry" mentioned in the school's expulsion letters.
The lawyers warned that they would take legal action to protect the interests of the children and ensure their right to education is upheld. The parents and guardians are now waiting for the school's response, hoping for a resolution that will allow their children to continue their education without further hindrance.
The dispute arose when staff at the school withdrew their services, citing a series of challenges facing the institution. In response, parents and guardians temporarily stopped sending their children to school. However, the school issued expulsion letters for the students, despite informing parents that the re-enrolment process had been reopened for those affected. The school also required an admission fee of US$5 to review the re-enrolment applications.
According to a letter of demand served to the school authorities by Matika, Gwisai and Partners Legal Practitioners, the expulsion of the students on December 2, 2024, violated their constitutional rights. The lawyers argue that the decision was unjust and unlawful, as it stemmed from the school's suspension of the academic calendar, which left students without proper notice.
"The decision to withdraw pupils was unilateral and in clear violation of the rights to administrative justice under section 68 of the Constitution," the lawyers stated. "It was substantively unfair in that the reason for not being present was at the instance of the school, which had suspended the calendar until further notice (which notice never came)."
The lawyers have demanded that the school retract the expulsion letters and terminate any actions related to the re-enrolment process. They also criticized the school's attempt to charge an admission fee for re-enrolment, calling it unjust and unlawful.
"You cannot benefit from your own wrongdoing, apportion blame where it is not due, and attempt to profit from that through a purported re-enrolment process," the lawyers stated in their letter.
They further pointed out that the policy the school referenced for expulsion was based on a non-existent ministry, as primary and secondary education is under the jurisdiction of the Ministry of Primary and Secondary Education, not the "Education, Sports, and Culture Ministry" mentioned in the school's expulsion letters.
The lawyers warned that they would take legal action to protect the interests of the children and ensure their right to education is upheld. The parents and guardians are now waiting for the school's response, hoping for a resolution that will allow their children to continue their education without further hindrance.
Source - newsday
