adminLast year Bulawayo High Court judge, Justice Maphios Cheda with Justice Nicholas Ndou agreeing made a landmark ruling that school heads who expel, suspend or withhold pupils’ results on the basis of non-payment of fees and levies are committing an offence under section 7 of the Children’s Act.
Justice Cheda who was making a ruling on a case involving a head of a school in Gweru, said when a parent or guardian secures a place for his or her child at a school or institution, a contract is entered between the said institution and the parent with regards to payment of fees. He ruled that it was unlawful and an abuse of authority for a school to institute legal proceedings against a minor instead of the parent.
Justice Cheda’s ruling is in tandem with the Government position regarding the issue of school fees and levies. The school authorities that sent children home on Tuesday have committed a crime and should be prosecuted. The Ministry of Education, Sport, Arts and Culture should, without delay, take measures to punish the defiant school authorities while parents on their part should report the culprits to the police. The school authorities have realised that the Ministry has over the years made empty threats of punishing defiant school authorities at the beginning of each school term hence they have chosen to be defiant.
It is time that the threats are translated into real action in order to whip into line the school authorities that have decided to go against Government policy. Acting against Government policy is indeed a serious crime and those that commit the offence should be made to appreciate the gravity of the offence through the punishment meted out. The Ministry of Education cannot continue to be labelled a toothless bulldog as a result of defiant school authorities.
The parents on their part should not allow their children to continue to be abused by school authorities. The Justice Cheda ruling is very clear on what should be done to school authorities that decide to punish pupils instead of parents. It is parents, according to the judgment, who have an obligation to pay fees and it should be parents who should be punished for failing to fulfill their part of the bargain and not pupils.
School authorities are very aware that they are committing an offence by sending pupils home but they continue to commit the crime because they know they will not be punished. We want to once again appeal to the Ministry to take action as soon as possible so that the pupils can continue with their education uninterrupted. We want at this juncture to make it abundantly clear that we do not condone non-payment of fees or levies because we are very cognisant of the fact that for the school to provide education it must have the required resources.
Parents should therefore prioritise the payment of fees and levies because it is only after paying the fees that their children are guaranteed quality education. A parent who decides to just send his or her child to school without paying the fees or making payment arrangements with the school authorities is irresponsible and such a parent, as we have already alluded to, should be punished not the child. Parents and school authorities have an obligation to ensure that pupils attend classes without being interrupted.
Online Reporter