Pupil (9) lawsuit hearing date set

Mashudu Netsianda, Senior Court Reporter
BULAWAYO High Court judge Justice Nokuthula Moyo will on Wednesday preside over the case of a nine-year-old pupil from Gwanda who is suing teachers’ unions and Government.

Amuhelang Ulukile Dube, a pupil at Mafuko Primary School in Gwanda district in Matabeleland South is seeking an order barring teachers at public schools from striking over poor salaries and working conditions.

The minor, who is being represented by her grandmother, Ms Senzeni Nyathi, through her lawyers Ndove and Associates, have filed an urgent chamber application at the Bulawayo High Court.

In papers before the court, the Zimbabwe Teachers’ Association (Zimta), Zimbabwe Confederation of Public Sector Trade Unions, Progressive Teachers’ Union of Zimbabwe (PTUZ), Amalgamated Rural Teachers’ Union of Zimbabwe (ARTUZ), the chairperson of the Public Service Commission, Dr Vincent Hungwe, Primary and Secondary Education Minister Cain Mathema, Minister of Public Service, Labour and social Welfare Professor Paul Mavima and Minister of Finance and Economic Development Professor Mthuli Ncube, were cited as respondents.

The application follows the recent threats by teachers not to resume work until their demands for better salaries are met.

Teachers are demanding to be paid US$550 or its equivalent in local currency a month.
In her founding affidavit, Ms Nyathi said the actions of the cited teachers’ unions and their members to refuse to take up classes over salary grievances and improved working conditions coupled with the non-intervention of the

Government constitutes a violation of the children’s right to education as enshrined in sections 75 and 81 of the country’s Constitution.

She wants the teachers’ unions together with their members interdicted from boycotting classes with all teachers being directed to report for duty within 48 hours of the granting of the order.

“I further seek ancillary relief to the effect that the Government be ordered and mandated to provide teaching staff to ensure that there would be no interruption of teaching services or classes at all public primary and secondary schools in Zimbabwe so that the rights of the children are not violated,” said Ms Nyathi.

The applicant said in the event that the teachers refuse to comply, Government should be directed to take all measures to ensure that there is no interruption of classes. — @mashnets