GRACE CHAILE LESOETSA writes
A PUPIL who was chased out of school for allegedly possessing marijuana has sued Mpelembe Secondary school seeking damages for defamation and an order for reinstatement.
The girl sued through her father Ladarius Tute as her next of kin.
According to a statement of claim filed in the Lusaka High Court, Mr Tute stated that his daughter was enrolled at Mpelembe Secondary school from grade 8 and had been at all times an excellent pupil morally, spiritually and academically without any blemish.
Mr Tute claimed that by a letter dated February 27 this year, the school arbitrarily withdrew the plaintiff from the school for allegedly smoking marijuana and keeping it in her locker.”
The purported arbitrary withdrawal of the plaintiff by the defendant from school was wrongful, illegal null and void and of no legal effect whatsoever warranting the same to be rescinded immediately on account that he alleged smoking of marijuana by the plaintiff was not proved,” read part of the claim.
He stated that the alleged illegal substance found or contained in a purse belonging to another pupil whose whereabouts and fate remain unknown currently was not shown or brought to the attention of his daughter.
Mr Tute claimed that the school failed to take into account the fact that the other pupil fled the school premises upon being questioned, without offering any explanation at all.
He said the guilty conduct of the other pupil weighed heavily in favor of plaintiff.
Mr Tute claimed that the school failed to ribose a decent and proper facilities to enable his daughter defend herself during the disciplinary meeting as some teachers used threats on her, forcing her to confess.
He stated that his daughter was reinstated after a successful appeal but on condition that she would be on suspension.
Mr Tute however, stated when his daughter wrote to the school, demanding an apology and a reinstatement without condition, the school suddenly chased her from school again.
The minor’s father stated that he will tell the court at trial that the school had stated conducting online learning but his daughter was not accessing that thereby, missing out on studies.
Mr Tute said his daughter was merely being punished for no reason and that the damages she had suffered can not be attained for for by the award of damages.
He now wants a declaration that purported unsubstantiated withdrawal of his child from school was illegal, null and void.
Mr Tutu further wants an order for reinstatement and an injunction restraining the school until final determination of the matter.
