Moffat Mungazi
Tendai Gukutikwa
Weekender Reporter
A TEACHER who lost his appeal at the labour court after being dismissed by the Ministry of Primary and Secondary Education on allegations of raping his learner turned to a traditional court for recourse.
The dismissal came after a disciplinary hearing found Aaron Sahumani guilty, despite the criminal court declining to prosecute him on rape charges due to lack of incriminating evidence.
Feeling hard done by the dismissal, Sahumani took the matter to Chief Mutasa’s community court recently, demanding compensation from the girl’s father for the loss of his job.
“In 2021, his daughter accused me of raping her. I was arrested, but the matter was dismissed before the magistrates’ court. However, after that, the ministry set up a disciplinary committee, which conducted a hearing that led to my dismissal in January 2024. I want him to compensate me because his daughter lied, and I ended up being dismissed from work, and no longer have any source of income,” said Sahumani.
He told the court that he was exonerated by the court, but his employer disregarded the exoneration, conducted its own investigations and hearing, leading to his sacking.
“I do not understand why they took the matter into their own hands when the court had exonerated me. I did not rape the girl, but now I am out of a job, and have been blacklisted everywhere as a rapist. Had his daughter not lied against me, I would not have lost my job. I want him to compensate me,” charged the man.
Chief Mutasa refused to entertain Sahumani’s plea for compensation, advising him to escalate the matter through the proper legal channels.
“You cannot claim compensation from this man at this court because this is a lower court. If the matter was dealt with by the magistrates’ or Labour Court, it no longer falls under my jurisdiction, unless that court has transferred it back to me. If you want compensation, report the matter to a higher court, and maybe after you are done with that, you can come back here,” said Chief Mutasa in dismissing the matter.
He referred the matter to the District Schools Inspector for Mutasa, Mrs Chipo Mlambo for further guidance.
Despite the court dropping the rape charges, Sahumani claimed the disciplinary committee erred in convicting him without sufficient evidence.
In his Labour Court appeal, he argued that the minor was not a competent witness due to mental incapacity and that the court’s decision not to prosecute should have influenced the disciplinary outcome.
However, the Labour Court upheld the disciplinary committee’s findings, arguing that the standard of proof in disciplinary cases is lower than in criminal cases.
Sahumani expressed frustration that attempts to appeal at his former workplace were futile, as he was informed that the disciplinary hearing was independent of the criminal proceedings.
“They said they conducted their own investigations which were different from the one done by the police. They based their results on the testimonies of the school children,” he said.
According to the Labour Court papers, the disciplinary hearing conducted by the Ministry of Primary and Secondary Education heard testimonies from two key witnesses, including the victim, who said Sahumani took her to his house during the night, and raped her.
According to the court judgment by Justice Godfrey Musariri, Sahumani did not deny the allegations nor cross-examined the witnesses, leading to his dismissal.
“Two key witnesses, one of them being the victim, testified that Sahumani took the learner to his house at night and had sexual intercourse with her. Sahumani did not deny the allegations, and did not cross-examine the witnesses.
“As a result, the court upheld the disciplinary committee’s decision, finding that the witnesses’ testimony was consistent and credible, and that Sahumani’s actions constituted improper association with a minor,” reads the judgment.
Online Reporter