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Daniel Nemukuyu: Senior Court Reporter

A High Court judge has blasted a high school headmaster for his high handedness in suspending a Form Four pupil on unproven allegations of theft.This was after parents of the boy suspended by the Zimbabwe Republic Police High School headmaster, identified as Mr J. M. Chingonzoh, went to the High Court in protest against the suspension.

Mr Chingonzoh sent the boy home on allegations that he had stolen a textbook titled, “The Uncertainty of Hope” and $21 from a fellow pupil.

Justice Owen Tagu last week nullified the two-week suspension issued by Mr Chingonzoh and ordered the immediate readmission of the teenage boy into school.

The missing book was later recovered from another pupil at the same school.

Although there was not a shred of evidence that the boy had stolen the book and the cash in question, his father reimbursed the complainant the missing $21 to defuse the problem.

Despite the fact that the book had been recovered from the other pupil and that the $21 had been reimbursed, Mr Chingonzoh went on to suspend the boy.

At one time, the boy was taken for Pre-Trial Diversion and the officer responsible found the allegations to be flimsy and unsubstantiated, before requesting for his readmission into school.

But Mr Chingonzoh was not moved, resulting in the boy’s father instructing his lawyer, Mr Emmanuel Samundombe, to file an urgent chamber application at the High Court.

Justice Tagu blasted Mr Chingonzoh for his heavy-handed approach to the matter.

“What is clear is a high handed exercise of power which is not expected from such a highly educated person, who is fit to be a parent himself,” he said.

“I agree with counsel for the applicant (boy) that what is exhibited in this case are personal attitudes of the second respondent, who only wanted his views to prevail even where there was no evidence.”

Justice Tagu said although misbehaviour by pupils was unacceptable, sending the boy home over such flimsy grounds was irrational.

“It will be regretted if the board that is to meet will stoop so low and come up with a verdict to expel the child on such flimsy grounds,” he said.

“No amount of misbehaviour by students is condoned, but the decision to be made has to be rational and should not be based on some hidden agenda.”

The book in question went missing in December last year.

“The only crime that this child committed was to exercise his constitutional right to deny that which he did not do,” said Justice Tagu.

“The second respondent (Mr Chingonzoh), in my view, must have felt offended by the behaviour of the child. He wanted to assert his powers and expected the innocent child to swallow hook, line and sinker whatever the second respondent was alleging.”

Even if the child had transgressed, Justice Tagu said, the misconduct was so minor and did not warrant continued suspension.

Justice Tagu barred the school from instituting any disciplinary proceedings against the boy.