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Daniel Nemukuyu Senior Reporter
A school head and his deputy reportedly took a pupil to a police station for a beating as punishment for reporting for school late and not wearing uniform.
The 15-year-old Form 3 pupil at Kambuzuma 2 High School in Harare had to go for medical treatment after the caning.
Kambuzuma 2 High head identified as Mr Foya and his deputy Mr Mugabe allegedly surrendered the boy to Constable P Mukahiwa of Warren Park Police Station who beat the boy.
This the boy’s lawyer, Mr Caleb Mucheche of Matsikidze and Mucheche, has described the taking of the boy to the station and the beating as unlawful.
The lawyers on Monday wrote to Cst Mukahiwa, Mr Foya and Mr Mugabe demanding damages of US$100 000 for pain and suffering, contumelia and current and future medical expenses.
The lawyers gave the three up to seven days to pay the money otherwise they are likely to sue the three in the High Court.
According to the letter of demand, the two school authorities surrendered the boy to Cst Mukahiwa on October 3 this year, who beat him without any legal justification.
“The brutal and unabated assault was done with your (school authorities) express or tacit approval as you wanted Cst P Mukahiwa to mete out extra-judicial corporal punishment on the boy (name supplied) for coming to school late and without wearing a school uniform.
“You did not bother to inform the father as parent and guardian of the minor child that you wanted to subject him to torture, cruel, inhuman and degrading punishment,” read part of the letter.
Mr Mucheche said the three are also liable to be charged with assault.
“Consequently, the three of you (Cst Mukahiwa, Messrs Foya and Mugabe) are jointly and severally liable for the assault as you acted in common purpose or reasonably foreseeable outcome of your joint illegal enterprise.
“By virtue of your actions, you aided and abetted the reprehensive assault inflicted upon the boy,” read the letter.
Mr Mucheche indicated in the letter that the school authorities subjected the boy to a beating well knowing that he had accident injuries requiring special treatment since he had been hospitalised in the intensive care unit at Avenues Clinic between 2010 and 2011 as a result of a road accident.
“He survived due to specialist treatment and to date his body remains fragile,” he said. In addition to the US$100 000, the boy wants to be reimbursed the legal costs he incurred in the claim.
The three are yet to respond to the letter of demand.
Online Reporter