Lawyers weigh in on Milton High teacher’s dismissal

LEGAL practitioners have weighed in on the growing public debate surrounding the dismissal of Milton High School teacher Mr Tyson Lunga, saying the decision by education authorities remains legally sound despite his acquittal in a criminal court.

Mr Lunga was recently dismissed by the Ministry of Primary and Secondary Education for improper association with learners, months after the courts cleared him of sodomy-related charges.

In separate interviews, the lawyers said the confusion surrounding the case stems from a widespread misunderstanding of the different standards of proof applied in criminal courts compared to administrative or labour proceedings.

Victoria Falls-based lawyer Mr Matshobana Ncube explained that in criminal matters, courts are required to acquit an accused person where there is any reasonable doubt.

“In a criminal court, the magistrate or judge is obliged to acquit an accused person once there is an element of doubt. The court requires proof beyond a reasonable doubt, otherwise, an appeal court will overturn the conviction,” said Mr Ncube.

He said this threshold is significantly higher than that applied in civil or labour matters, where decisions are based on a balance of probabilities.

Echoing similar sentiments, Bulawayo lawyer Mr Tawengwa Hara said administrative hearings are independent of criminal proceedings and are guided by internal regulations and codes of conduct.

“In court, sodomy requires proof of penetration, but at a school or disciplinary hearing, conduct such as having an affair with a learner, locking a pupil in an office, or merely showing intent may constitute misconduct,” said Mr Hara.

He added that a fair assessment of the matter would require a close examination of the records of proceedings in both the criminal trial and the school disciplinary hearing.

Another Bulawayo lawyer, Mr Lison Ncube, said the dismissal should be viewed within the framework of labour law.

“In a criminal court, the burden is proof beyond reasonable doubt. In a disciplinary or labour hearing, the standard is lower, it is based on a balance of probabilities,” he said.

Mr Lunga was accused of indecently assaulting several learners at Milton High School and buying their silence using cash and food.

Court documents detailed cases in which he allegedly tried to entice the complainants with money and food. He was arrested in June last year, after the learners, with the assistance of another staff member, reported the matter to police. The alleged incidents were said to have occurred in May last year.

Bulawayo magistrate Ms Beverly Madzikatire acquitted Mr Lunga, who was facing six counts of improper conduct with students after she ruled that the allegations lacked merit.

In her judgment, Ms Madzikatire said the accusations were not reported in a timely or voluntary manner and that crucial evidence was missing.

She noted that claims of sexually explicit messages allegedly sent by the accused were not produced in court while evidence from some complainants materially differed from that of witnesses they claimed to have confided in.

“The allegations that the accused fondled the buttocks of a complainant in a busy central business district were questionable, as there were no witnesses to support the claim,” said Ms Madzikatire.

“On all counts, no report was made timeously and voluntarily; the students only reported after being questioned by teachers,” she said.

Despite the acquittal, the Ministry of Primary and Secondary Education proceeded with its own disciplinary process.

The disciplinary hearing held on September 22 last year, found Mr Lunga guilty of misconduct and recommended his dismissal.

Bulawayo Provincial Education Director Mr Bernard Mazambane said the ministry’s decisions are guided by its internal policies and the welfare of learners, not criminal court outcomes.

“We do not rely on what happens in the courts. As a ministry, we have our own ways of handling such matters, mainly guided by what learners say,” said Mr Mazambane.

He said where learners consistently maintain that abuse occurred, the ministry is obliged to act in order to safeguard pupils.