'Rapist' teacher loses labour court appeal

A teacher, who lost his appeal at the Labour Court after being dismissed by the Ministry of Primary and Secondary Education on allegations of raping a student, has turned to a traditional court seeking compensation from the victim's father for the loss of his job.

Aaron Sahumani, the teacher in question, was accused of raping a student in 2021. Although the criminal court declined to prosecute him due to lack of evidence, a disciplinary hearing conducted by the Ministry of Primary and Secondary Education found him guilty, leading to his dismissal in January 2024.

Feeling unjustly treated, Sahumani sought recourse from Chief Mutasa's community court, demanding compensation from the girl's father for the loss of his employment.

"In 2021, his daughter accused me of raping her. I was arrested, but the matter was dismissed before the magistrates' court. However, after that, the ministry set up a disciplinary committee, which conducted a hearing that led to my dismissal in January 2024," Sahumani explained in his submission. "I want him to compensate me because his daughter lied, and I ended up being dismissed from work, and no longer have any source of income."

Sahumani argued that, despite his exoneration in the criminal court, the Ministry of Primary and Secondary Education chose to disregard the court's decision and conducted its own investigation, which culminated in his sacking. He maintained that he was innocent and claimed the allegations were false.

"I do not understand why they took the matter into their own hands when the court had exonerated me," Sahumani stated. "I did not rape the girl, but now I am out of a job, and have been blacklisted everywhere as a rapist. Had his daughter not lied against me, I would not have lost my job. I want him to compensate me."

However, Chief Mutasa rejected Sahumani's plea for compensation, advising him to pursue the matter through the proper legal channels.

"You cannot claim compensation from this man at this court because this is a lower court. If the matter was dealt with by the magistrates' or Labour Court, it no longer falls under my jurisdiction, unless that court has transferred it back to me," said Chief Mutasa. "If you want compensation, report the matter to a higher court, and maybe after you are done with that, you can come back here."

Chief Mutasa referred the matter to the District Schools Inspector for Mutasa, Mrs. Chipo Mlambo, for further guidance.

Sahumani's legal frustrations stem from the disciplinary committee's decision to convict him based on insufficient evidence. In his Labour Court appeal, he argued that the minor was not a competent witness due to mental incapacity and that the criminal court's decision not to prosecute should have influenced the outcome of the disciplinary hearing.

Despite his claims, the Labour Court upheld the findings of the disciplinary committee, which asserted that the standard of proof in disciplinary cases is lower than in criminal cases. The court noted that the testimony of two key witnesses, including the victim, was consistent and credible.

"The victim testified that Sahumani took her to his house at night and had sexual intercourse with her. Sahumani did not deny the allegations or cross-examine the witnesses," stated the judgment from Justice Godfrey Musariri. "As a result, the court upheld the disciplinary committee's decision, finding that Sahumani's actions constituted improper association with a minor."

Sahumani has expressed his disappointment that his attempts to appeal within his former workplace were unsuccessful, as he was told that the disciplinary hearing was independent of the criminal proceedings.

"They said they conducted their own investigations, which were different from the one done by the police. They based their results on the testimonies of the school children," he said.

This case highlights the complex interplay between criminal and disciplinary proceedings, as well as the challenges teachers face when facing allegations that could jeopardize their careers. While Sahumani continues to fight for compensation, the matter serves as a reminder of the intricacies of seeking justice within both formal and traditional legal frameworks.