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A school head from Nyanga escaped jail after the Nyanga Magistrates’ Court elected to warn and caution him before discharging him following his arrest for slapping a learner.
Simon Kwakurai (42) who heads Sanhai Primary School pleaded guilty to charges of assault.
Brief facts of the matter are that on 22 May 2023, the complainant was at school when the school’s development committee (SDC) members went around sending students with outstanding fees home.
Despite the illegality of the practice, school development committees across the country persistently turn away learners who haven’t paid their tuition fees.
Moreover, headmasters and teachers often resort to corporal punishment as a disciplinary measure, although it has been outlawed.
In the case of Kwakurai, the SDC members asked the complainant to go home but he refused to go arguing that his father had successfully pleaded with the headmaster to pay at a later date
The SDC members took the learner to the headmaster who slapped him five times in the face. He started bleeding through the nose and reported the matter to the Police leading to Kwakurai’s arrest.
The headmaster was arraigned before the Nyanga Magistrates’ Court where he was warned and cautioned before he was discharged.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Headmaster Dragged To Court For Slapping Student

Progressive Teachers Union of Zimbabwe (PTUZ) Secretary General <a href="https://pindula.co.zw/Raymond_Majongwe">Raymond Majongwe</a> says the Minister of Primary and Secondary Education Torerai Moyo is “offside” after he said corporal punishment is outlawed in schools.
Speaking during a Teachers Day commemoration in Kwekwe recently, Majongwe said Zimbabwe’s education has fallen apart due to the prohibition of corporal punishment in schools. <a href="https://www.newzimbabwe.com/minister-you-are-offside-teachers-say-after-moyo-denounces-corporal-punishment-in-schools/">NewZimbabwe.com</a> quoted Majongwe as saying:
<blockquote>
As long as we remove corporal punishment from the classroom, from the school, you have destroyed our education.
It’s a tragedy that the Minister of Education who is barely three weeks in office and is still a virgin in the ministry is now saying corporal punishment is an offence, Minister you are offside.
The President is saying we must discipline these children not for the sake of it, but because he is seeing the collateral damage which is happening in schools.
</blockquote>
Majongwe warned that schools are now havens of indiscipline as learners freely consume drugs and engage in sexual orgies.
He said parents and guardians who support the removal of corporal punishment in schools do not care about the future of the country. Said Majongwe:
<blockquote>
Before you address issues of challenges faced by teachers you are already attacking teachers.
Those people who are in support of this know these kids are already damaged goods or they don’t care about the future of the country.
If you go to any school in Harare now, we have learners who are already high on drugs.
We have learners who are partaking in sex sessions in schools and you want us to accept that, that is totally unacceptable.
As teachers, we have a role to make sure that we build the country, morally and socially.
</blockquote>
In March this year, President Emmerson Mnangagwa said that corporal punishment must be allowed to instill discipline in children.
He said the younger generation was misbehaving hence the need to “slap” them to order. Speaking at the official opening of the national chiefs’ conference in Bulawayo, Mnangagwa said:
<blockquote>
We’re here today we owe it to our forefathers who preserved our culture, our way of life that has allowed us to survive to date.
So it is critically important for us the current leaders to carry this philosophy and respect traditional knowledge, wisdom and culture to preserve our identity.
We’re fighting drug abuse because drug abuse by our young generation will destroy our culture and identity.
Foreign countries will take advantage of us because we’ll have destroyed our identity.
This philosophy that children are not reprimanded at home or counselled at home does not work for us.
Look at America, if a child is beaten, they go and report it. Rovai mbama vati tasa (slap them to straighten them up).
</blockquote>
The High Court ruled that <a href="https://zero.pindula.co.zw/high-court-rules-corporal-punishment-is-permissible/">corporal punishment is permissible</a> if it can be proved that the intention was to discipline.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Teachers Want Corporal Punishment To Be Restored In Schools

The Ministry of Primary and Secondary Education (MoPSE) has set up district and provincial complaints desks to address misconduct by teachers, headmasters, and other school staff.
This initiative aims to tackle issues such as denying students entry due to unpaid fees. <a href="https://www.pindula.co.zw/Taungana_Ndoro/">Taungana Ndoro,</a> the MoPSE communications and advocacy director, has confirmed the establishment of these desks. He told <a href="https://www.newzimbabwe.com/https-www-newzimbabwe-com-education-ministry-sets-up-complaints-desks-to-nip-unsavoury-practices-by-teachers-headmasters/">NewZimbabwe</a>:
<blockquote>
The ministry has activated strategic command centres throughout the country to actively deal with unsavoury practices within the sector.
Such practices include, but are not limited to, chasing away pupils for nonpayment of fees, conducting paid for extra-lessons, discrimination and corruption in enrolment, use of corporal punishment, charging of unapproved fees and levies amongst other malpractices.
</blockquote>
He urged stakeholders to utilise the designated point persons to report any misconduct that tarnishes the reputation of the education sector. Parents, guardians, teachers, and students are encouraged to engage with the command centre focal persons to ensure that every child has access to high-quality, appropriate, fair, and comprehensive primary and secondary education. The goal is to create an environment where education is valued and upheld to benefit all learners.

<ul style="list-style-type: square;">
<li><a href="https://www.pindula.co.zw/2023/05/13/school-heads-under-probe-for-turning-away-learners-over-non-payment-of-fees/">School Heads Under Probe For Turning Away Learners Over Non-payment Of Fees</a></li>
</ul>
There is an ongoing debate regarding whether students should be permitted to attend school even if they have unpaid fees. The government and parents support the idea, however, schools argue that fee payments are crucial for managing the institutions effectively. The economic crisis that has plagued the country for years has made it challenging for some parents to meet their financial obligations.

<ul>
<li><a href="https://www.pindula.co.zw/2023/03/17/president-mnangagwa-says-corporal-punishment-must-be-allowed/">President Mnangagwa Says Corporal Punishment Must Be Allowed</a></li>
<li><a href="https://www.pindula.co.zw/2023/03/16/high-court-rules-corporal-punishment-is-permissible/">High Court Rules Corporal Punishment Is Permissible</a></li>
<li><a href="https://www.pindula.co.zw/2022/04/11/student-teachers-want-corporal-punishment-back/">Student Teachers Want Corporal Punishment Back</a></li>
</ul>
Corporal punishment is another topic that sparks disagreement. Certain parents oppose it, while some teachers argue that the policy leads to unruly and disobedient children. The issue revolves around the use of physical discipline, such as spanking or hitting, as a means of correcting behaviour. While some believe it is an effective deterrent, others argue that it can have negative psychological and emotional effects on children. 
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Education Ministry Establishes Complaint Desks to Address School Staff Misconduct

The High Court on Tuesday dismissed a bail application by a man who allegedly killed his three-year-old niece by banging her head against the wall after she soiled herself.
<a href="https://www.newsday.co.zw/local-news/article/200012796/corporal-punishment-ends-tragically">NewsDay</a> reported that the accused, Ronald Moda, had been given custody of the minor by his relative.
The court heard that on 02 September 2022, the deceased who was living with the applicant and his family, soiled herself but did not tell anyone. Prosecutors said:
<blockquote>
Angered by this, the applicant assaulted the deceased using a leather belt all over her body. He also banged her head against the cabin wall and she sustained injuries from which she later succumbed.
</blockquote>
In his defence, Moda claimed that he had noticed that the minor would exhibit signs of a strange illness and then mess herself up.
He said he informed the deceased’s mother and was granted permission to discipline the child.
Moda denied ever hitting the deceased against the cabin wall.
He said that on 03 October 2022, the child started behaving strangely and hallucinating. Added Moda:
<blockquote>
She died on the same day due to some underlying health condition totally unrelated to the assault.
</blockquote>
However, the State said the evidence against the accused was overwhelming.
High Court judge Justice Lucy Mungwari dismissed Moda’s bail application, saying he is a flight risk. Ruled the judge:
<blockquote>
The applicant’s failure to appreciate that the onus was on him to demonstrate that it was in the interest of justice for him to be admitted to bail proved to be his biggest undoing in this application.
Ultimately, he failed to convince me on a balance of probabilities that it was in the interest of justice to grant him bail.
The state has a strong prima facie case against the applicant and he is facing serious charges.
Furthermore, the applicant fled the scene after the commission of the offence indicating that he is a flight risk and increasing the chances of him absconding.
In light of these factors, the applicant is not a suitable candidate for bail.
The application for bail pending trial is hereby dismissed.
</blockquote>
In March this year, High Court judge Justice Munamato Mutevedzi <a href="https://www.newsday.co.zw/local-news/article/200008865/corporal-punishment-permissible-high-court#:~:text=Corporal%20punishment%20was%20outlawed%20in,in%20Zimbabwean%20schools%20was%20allowed.">ruled that corporal punishment is permissible</a> and cannot be classified as assault and a criminal offence if the intent to discipline is proven.
Mutevedzi made the ruling when he cleared one Yeukai Graham Mutero of charges of killing her 13-year-old son while trying to discipline him.
The judge ruled that corporal punishment was permissible in disciplining children if proven that the intent is purely disciplinary.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

'Disciplinarian' Uncle Accused Of Killing Niece (3)

President Emmerson Mnangagwa has said corporal punishment must be allowed to instil discipline in children.
He said the younger generation was misbehaving hence the need to “slap” them to order. Speaking at the official opening of the national chiefs’ conference in Bulawayo, Mnangagwa said:
<blockquote>
We’re here today we owe it to our forefathers who preserved our culture, our way of life that has allowed us to survive to date. So it is critically important for us the current leaders to carry ths philosophy and respect traditional knowledge, wisdom and culture to preserve our identity.
We’re fighting drug abuse because drug abuse by our young generation will destroy our culture and identity. Foreign countries will take advantage of us because we’ll have destroyed our identity. This phislosophy that children are not reprimanded in the home or cancelled at home does not work for us. Look at America, if a child is beaten, they go and report. Rovai mbama vati tasa (slap them/ discipline them till they are well mannered) 
</blockquote>
The president’s remarks come when the High Court ruled that <a href="https://zero.pindula.co.zw/high-court-rules-corporal-punishment-is-permissible/">corporal punishment is permissible</a> if it can be proved that the intention was to discipline. 
His latest remarks are a departure from his earlier stance. In 2015, Mnangagwa who was then the Vice President and Minister of Justice, <a href="https://www.newsday.co.zw/news/article/95769/mnangagwa-slams-corporal-punishment">championed the prohibition of corporal punishment</a> saying it violated the Constitution which prohibited torture and other cruel, inhumane or degrading treatment or punishment. 
Corporal punishment has been illegal since 2017 when the High Court nullified article 60(2) (c) of the Educational Act.
Section 68A of the Constitution outlaws corporal punishment in schools, any physical or psychological torture, or cruel, inhuman or degrading treatment or punishment.
The law specifically bars teachers from beating schoolchildren in whatever circumstances.
In April 2019, the Constitutional Court ruled that no male juvenile convicted of any offence could be sentenced to receive corporal punishment.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

President Mnangagwa Says Corporal Punishment Must Be Allowed

The High Court of Zimbabwe ruled on Wednesday that corporal punishment is permissible and cannot be classified as assault and a criminal offence if the intent to discipline is proven.
Justice Munamato Mutevedzi made the ruling in a case in which Yeukai Graham Mutero was being accused of killing her 13-year-old son while trying to discipline him, <a href="https://www.newsday.co.zw/local-news/article/200008865/corporal-punishment-permissible-high-court">NewsDay</a> reported.
Mutero told the court that she had no intention to kill her son, Desmond Matsatsi, early this year while administering corporal punishment.
Mutevedzi ruled that corporal punishment was permissible in disciplining wayward children if proven that the intent is purely disciplinary. Mutevedzi ruled:
<blockquote>
It is against the above background, that it becomes difficult to apportion any blame on the accused person. Taking the evidence and the circumstances of this case in their totality, our conclusion is that the accused assaulted the deceased in the normal course of parental discipline.
It was unfortunate that the bid for discipline resulted in the tragic consequences which may have been aided by the deceased’s own violent behaviour in the community.
</blockquote>
The judge said evidence revealed that the deceased was a “sturdy boy who easily overpowered his mother when she wanted to assault him.” Mutevedzi added:
<blockquote>
Had she not called for her brother’s assistance, she would not have been able to punish him. With those seemingly harmless weapons, the accused assaulted the deceased on the buttocks, back and thighs. Generally speaking an assault on those parts of the human anatomy is not commonly known to lead to fatalities.
</blockquote>
The judge said the law says a parent or guardian has the authority to administer moderate corporal punishment for disciplinary purposes.
<blockquote>
It follows, therefore, that in cases of murder resulting from corporal punishment administered by a parent or other authorised person, it is not enough for prosecution to simply allege assault.
</blockquote>
He added that the state has to submit evidence which proves that Mutero acted beyond the bounds of moderation. 
Mutevedzi said Mutero’s action was reasonable and there is no evidence to suggest that she intended to hurt or kill Desmond.
Context:
Mutero was accused of killing her son on January 20 this year after reports that he had joined Nyau dancers.
It is alleged that Mutero summoned her brother and they tied Desmond to a bed before she beat him up with a stick.
Desmond was found dead in bed the following morning leading to Mutero’s arrest.
Previous Corporal punishment Cases:
In 2017, the High Court nullified article 60(2) (c) of the Educational Act which allowed corporal punishment.
Section 68A of the Constitution outlaws corporal punishment in schools, any physical or psychological torture, or cruel, inhuman or degrading treatment or punishment.
The law specifically bars teachers from beating schoolchildren in whatever circumstances.
In April 2019, the Constitutional Court ruled that no male juvenile convicted of any offence could be sentenced to receive corporal punishment.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

High Court Rules Corporal Punishment Is Permissible

An Agriculture teacher at Mhakwe Secondary School in Chimanimani District is in trouble after he allegedly spanked a 15-year-old learner resulting in his death a few days later.
The teacher, Farai Mandikutse, allegedly spanked Tongai Chirongwe with a broom over unwritten notes.
Following the beating, the teenager started vomiting and discharging blood from his mouth, nose, and faecal matter.
He died on 6 July and the matter was only reported to the police on 20 December.
The pupil suffered from haemophilia and he died at Victoria Chitepo Provincial Hospital.
Hemophilia is usually an inherited bleeding disorder in which the blood does not clot properly.
The father of the pupil, Japhet Chirongwe, <a href="https://www.manicapost.co.zw/teacher-beats-pupil-to-death/">told The Manica Post </a>that he had warned all school teachers against beating the child because of his chronic illness. Said Chirongwe:
<blockquote>
When I enrolled my child at the school, I produced all his hospital cards that proved that he suffered from haemophilia and that they should not beat him as any silly mistake would kill him.
They had the hospital cards, but Mandikuse beat him with a broom resulting in the deterioration of his health. They killed my son.
When my son came back home that day, he told us that Mandikutse had spanked him with a broom on his back.
There was evidence of blood clotting on his back. He started vomiting blood, while some of it was coming out through his nose and we rushed him to Biriiri Mission Hospital where he was transferred to Mutambara Mission Hospital.
It was at Mutambara Mission Hospital where he vomited blood clots that filled a five-litre bucket.
The hospital referred us to Victoria Chitepo Provincial Hospital where he later died.
He [Mandikutse] confessed to beating the child with a broom. Tongai’s classmates also confirmed this.
He paid US$1 as matendandava (admission of guilty) and promised to pay US$200 later. He is now refusing to compensate us for the funeral expenses.
</blockquote>
He said no post-mortem was performed on his son’s body as he had no money for the procedure.
The matter came to light at Acting Chief Saurombe’s court recently after it had been transferred from Chief Muusha’s court.
Mandikutse allegedly reneged on an agreement with the Chirongwe family to compensate the family for the expenses incurred during Tongai’s funeral.
Speaking during a recent court session, Mandikutse said he will not pay the money. He said:
<blockquote>
I will not pay that money. I will take the police route and report the matter as extortion. I no longer want to appear before this court.
</blockquote>
Manicaland Provincial Education Director, Edward Shumba said the report about the incident is yet to reach his office.
In Zimbabwe, corporal punishment is illegal. It was outlawed in 2017 through a High Court ruling that declared Article 60(2) (c) of the Educational Act unconstitutional.
Zimbabwe Republic Police spokesperson for Manicaland Province, Inspector Nobert Muzondo, said the teacher will be charged with murder or culpable homicide depending on the investigations once a report is made. He said:
<blockquote>
It is sad that no such report was made to the police. However, the police will look into it.
The fact that the child in question was already buried will not deter us as we will approach the relevant authorities and apply for permission to exhume the body so that we ascertain the real cause of the boy’s death.
His parents should not be afraid of the post-mortem costs as the State will cater for that.
It is actually shocking that a police report was never made in such a horrendous matter.
If indeed one’s death was a result of an assault, a murder charge is sufficient. 
We, however, urge parents and community members to report such matters to the police and not conceal them.
</blockquote>

Teacher Accused Of Spanking Pupil To Death

Two teachers at Haig Park Primary School in Harare appeared in court on Monday for allegedly assaulting a 10-year-old pupil.
The teachers, Christ Makonese (50) and Memory Gwekwerere (54) appeared before Harare magistrate Caroline Matanga, who remanded them to 8 December for trial.
Allegations are that on 11 October, some learners went and reported to Makonese that the complainant had started a false rumour against another pupil.
The duo called the complainant and Makonese allegedly slapped her once on her cheek while Gwekwerere pinched her ears before slapping her again.
The complainant’s class teacher, Mrs Kamkosi, then told the two that her mother doesn’t want her to be beaten.
Makonese and Gwekwerere were released on free bail as they were brought to court on summons. | <a href="https://www.hmetro.co.zw/teachers-nabbed-for-beating-pupil-10/">H-Metro</a>

Two Harare Teachers In Court For Slapping Pupil (10)

Parents, guardians and caregivers have been urged not to resort to corporal punishment as a method to discipline their errant children.
The follows the death of a 16-year-old boy in Glen Norah, Tatenda Pachavo, who was allegedly beaten to death by 3 male relatives after being tied to a chair at the instigation of his mother.
The deceased’s mother, who is in remand at Chikurubi female prison denied culpability in the teenager’s death. She said:
<blockquote>I was told that we want to discipline your son because he has stolen his aunt’s cellphone, I assumed it was the usual disciplining only to find my son tied to a chair battling for his life, we took him to hospital but he was pronounced dead on arrival.</blockquote>
Zimbabwe Republic Police (ZRP) National Spokesperson Assistant Commissioner, Paul Nyathi, confirmed that the mother and her three relatives, aged 20, 21 and 27 were arrested. He said:
<blockquote>We received a report of the case and the accused are now in remand prison awaiting trial, we urge the public not to use physical force on their children and top resolve disputes amicably.</blockquote>
A social worker with Childline Zimbabwe, Ms Kudzai Vimbiso Tseriwe, said parents and caregivers should use alternative disciplinary methods such as withdrawal of privileges.
<h4>More: <a href="http://www.zbc.co.zw/desist-from-administering-corporal-punishment-parents-urged/" rel="noopener noreferrer" target="_blank">ZBC News</a></h4>

Parents Urged To Avoid Beating Up Children

Members of Parliament expressed their disapproval to some clauses in the Education Amendment Bill, particularly the clause which seeks to outlaw corporal punishment in schools.
The MPs expressed their reservations during the Second Reading of the Bill in Parliament on Tuesday.
Bikita West MP, Elias Musakwa (ZANU PF), said that banning corporal punishment was retrogressive and will negatively impact on the progress the country has made in education. He said:
<blockquote>As Parliament, we will be judged harshly.
We have a value system as a country and society. We are all products of corporal punishment and abandoning it in favour of other forms of punishment, I do not think it will help us.
Zimbabwe is one of the few countries with a literacy rate above 90 per cent.</blockquote>
Another ZANU PF MP, Ronald Nyathi, who represents Shurugwi North constituency said:
<blockquote>I am visualising a situation where a pupil misbehaves, what do you expect the teacher to do? We are showing mistrust in our teachers.</blockquote>
Meanwhile,Buhera West MP, Joseph Chinotimba demanded that MDC Chief Whip Prosper Mutseyami apologise to Speaker of the National Assembly, Advocate Jacob Mudenda after he was booed by MDC supporters at the funeral of the late MDC MP Vimbai Tsvangirai-Java.
Mudenda concurred with the request but said they would wait to hear from the MDC-Alliance following the complaint.
<h4>More: <a href="https://www.herald.co.zw/dont-ban-corporal-punishment-mps/" rel="noopener noreferrer" target="_blank">The Herald</a></h4>

Some MPs Opposed To The Banning Of Corporal Punishment

The government, through the Ministry of Information, Publicity and Broadcasting Services has informed the public that it is investigating a case behind a circulating video where a teacher is seen giving a pupil corporal punishment. The Ministry of Information, through its Twitter handle, said
<blockquote>The government has been alerted to a video that has gone viral on social media where a student purportedly from a local school is shown receiving corporal punishment from school authorities. Government is doing its investigations and will soon issue a statement on the matter.</blockquote>
Corporal punishment in Zimbabwean schools has always been controversial. In 2017 the High Court ruled that the use of corporal punishment on children at school and in the home is illegal.
Progressive Teachers Union of Zimbabwe (PTUZ) Secretary General Raymond Majongwe reportedly said
<blockquote>I personally feel we need to discuss the issues of School Indiscipline/ Corporal Punishment/ Drug abuse and the Challenges facing teachers regarding these issues urgently.</blockquote>
https://twitter.com/InfoMinZW/status/1069225313807331329?s=08

Govt Investigating 'Corporal Punishment' Video By School Authorities, To Issue A Statement 'Soon'

Speaking to The Chronicle, Bulawayo Acting Provincial Education Director Mrs Olicah Khaira said teachers from Ihlathi High school in Bulawayo have apologised for beating pupils who came late for school last Friday. She however said that despite the apology her office is conducting investigations and the teachers were likely to be punished.
Said Khaira:
<blockquote>We went to the school and did our investigations. It turned out that the beatings happened last Friday as it was reported. We are dealing with the matter. The teachers involved have since apologised about their conduct and said they meant well. The issue does not end here. We are still looking into the matter and we are yet to come up with a decisive stance.</blockquote>
Tshabalala Residents Association chairperson, Mr Albert Ndlovu urged Government to reintroduce corporal punishment as his community had a problem with delinquent pupils from Ihlathi High School.
More: <a href="http://www.chronicle.co.zw/ihlathi-high-teachers-apologise-for-caning-pupils/">Chronicle</a>

Teachers apologise for beating pupils who were late for school, likely to be disciplined by Ministry

The Zimbabwe Teachers’ Association (Zimta) has told teachers to not beat pupils in accordance with a<a href="http://www.pindula.co.zw/news/2017/02/28/high-court-issues-order-outlawing-corporal-punishment-home-schools/" rel="noopener noreferrer" target="_blank"> High Court ruling outlawing corporal punishment.</a> The association urged its members to find alternative methods of disciplining pupils.
Speaking at a Zimta’s annual conference in Harare on Tuesday, chief executive officer, Sifiso Ndlovu said:
<blockquote>We should look at the United Nations Convention on the Rights of the Child, where we are saying, in terms of corporal punishment, the Zimbabwean teacher who goes to teach in South Africa should not be found on the wrong side of the law. While we may not have a curriculum, which has the same philosophy because we are different countries, there are common standards that we can agree on, such as the Sadc Protocol on Education and Training. In that interface, we can adhere to standards which can be transferred across the region.
…My view, as a teacher is that, let us stop using that approach because it brings about violence, intolerance, hate and hurt to the pupils and it is very barbaric.</blockquote>
More:<a href="https://www.newsday.co.zw/2017/04/27/teachers-denounce-corporal-punishment/"> NewsDay</a>

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