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Mashudu Netsianda, Senior Court Reporter
A TSHOLOTSHO secondary school teacher who was fired five years ago for allegedly attempting to sodomise a Form Two pupil has taken the Civil Service Commission (CSC) to court challenging his dismissal.
Chester Mutiro has dragged the CSC to the Bulawayo Labour Court.
Mutiro, formerly employed as a senior Mathematics teacher at Mathula Secondary School, allegedly ordered the 17-year-old pupil to follow him to his office.
Court papers show he ordered the teenager to remove his pair of trousers before he caressed his organ and attempted to sodomise him.
The incident occurred on May 10, 2011.
“Mutiro asked me to remove my pair of trousers before he started to caress my sexual organ. He also removed his trousers and asked me to turn around and bend so that he could have anal sex with me and I refused,” said the victim.
The teenager said Mutiro threatened to beat him for refusing to comply.
Mutiro caned the victim four times and threatened to further assault him if he reported the matter before releasing him.
He was relieved of his duties five years ago for having an improper association with a school child, following a disciplinary hearing.
Mutiro said the disciplinary authority erred by using inadmissible evidence.
He also accused the pupil of fabricating the allegations with the help of a teacher only identified as Muchowa.
Mutiro claimed that he had a sour relationship with Muchowa.
He argued that the disciplinary authority did not take precautions against the danger of false incrimination.
Mutiro also accused the disciplinary authority of exhibiting open hostility against him.
“The disciplinary authority erred by refusing to call my defence witness whose evidence was favourable to my case and enough to exonerate me,” he argued.
Mutiro also argued that he was not given an opportunity to mitigate.
Another teacher, Lloyd Sikhumbuzo Nyoni, who testified, said the victim was a known undisciplined bully whose testimony was fraught with inconsistencies.
Mutiro is seeking an order that sets aside the decision of the disciplinary authority and compel the CSC to reinstate him without loss of salary and benefits.
In its opposing papers, the CSC challenged the application and stood by the decision of the disciplinary authority.
derick.khumalo