adminCan a demonstration against a court decision change the legal position of issues? Such questions remain unanswered in the long-drawn legal battle pitting Herentals College and Release Power Investments over Cold Comfort School in Harare. Two title deeds emerged with each party claiming ownership of the school, but the High Court has since made a ruling in favour of Herentals College.
Last year, violence broke out at the premises as the parties fought over control of the school.
Some people were arrested before the matter was taken to the courts for redress. Justice Andrew Mutema issued a judgment that allowed Herentals College to take control of the school.
Read part of the judgment: “The first, second, third and fourth respondents (Release Power Investments, Mr Oniyas Gumbo, Mr Chinyamuchiko and Mr Mapanzure are hereby restrained and interdicted from interfering with or otherwise disrupting applicant’s business operations including the running of a school at Stand Number 7953 Tynwald Township of Stand 7739 Tynwald Township.
“The first, second, third and fourth respondents are hereby restrained and interdicted from registering and otherwise receiving levies and school fees from children registered by the applicant and from attempting to run parallel school administration structures other than those currently being run and operated by applicant . . . “
The provisional order was confirmed in November last year. This was after Release Power withdrew its appeal from the Supreme Court for unknown reasons.
The battle appears to have taken a new twist with Cold Comfort School pupils and parents taking to the streets in a bid to overturn the High Court decision.
It does not require one to be a lawyer to appreciate that the High Court order is still binding and only the courts may alter the decision. Surprisingly, the battle has moved from the courts to the streets with third parties, who were not even party to the court proceedings demonstrating against the decision that granted Herentals College control of the school.
Although parents are an important stakeholder in the operation of the schools, with all due respect, parents who bused their children to the Education, Sport and Culture offices went too far. It is crystal clear that children of that age cannot make a decision to demonstrate and it only becomes logical that the parents and other elderly interested parties, for unknown reasons, were the ones that roped them into the action.
Surely, unless the reversal is done in court, evicting Herentals from the premises remains a Herculean task.
The involvement of parents in the battle smacks of connivance with some forces that operate behind the scenes for unknown reasons. It is correct that parents in high-density suburbs need affordable schools, but when a private school has taken over operations, it is difficult to force the new operator to dance to the parents’ tune in terms of school fees.
The same parents roped in innocent school pupils, some of whom were as young as six to carry placards to the education offices in a demonstration. Is it not an abuse of the innocent children to take them to a demonstration where they spent hours enduring direct heat near the New Ambassador Hotel in Harare?
Are we not grooming our own innocent children into hardcore and rebellious future adults?
This confirms the old adage “When elephants fight it is the grass that suffers”. Those who studied children’s rights may know better whether that was not one of the abuses. Some of the boys and girls looked so tired and confused as to what was really going on but the parents kept on encouraging them to soldier on in the toyi-toyi. A question was posed to two of the girls who were complaining of continuously raising the
placards for sometime as to why they were in town, they referred this reporter to the elders.
“We do not know but I heard someone stole our school. Ask mhamha (mother) who is at the back there,” one of the girls said. Placards that were being waived by the children were inscribed: “Bhesi guru renyika ratorwa nevane mari” (national heritage stolen from the residence), “Can 1 000 children suffer because Herentals wants to teach 60 children?” and “Herentals Club is a robbery club”.
Honestly one can not expect the above statements to be coming from the children of between five to 12 years. A reasonable person may come to a conclusion that some adults were using children to achieve their goals. It really boggles the mind how the parents seek to achieve their objective of booting Herentals out in breach of an order of the High Court.
Yes, the parents might have a good case on the merits, but the streets are not the right platform. Civil Courts are ready to deal with such issues and our courts are competent enough. If the parents have a bone to chew with Herentals College, they can institute fresh court proceedings.
If there are any changes, reversals or concessions warranting the invalidation of the High Court order, it should only be done through the courts of law.
Parties may resort to settling matters outside courts, but they run the risk of being charged with contempt of court. Courts are important institutions that deserve respect and everyone is bound to abide by orders of the courts.
Non-compliance with a court order may attract a jail term.
Online Reporter