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Samfya Man
Seeks Help To Sue Headteacher
By Monica Kunda
A parent of Samfya in Luapula Province, who was recently acquitted by the
Samfya subordinate court, has asked the Legal Resources Foundation (LRF) in
Mansa to help him sue the headteacher of Mulisha Basic School for harassment
and the state for false imprisonment. Mwansa Mulobeka said in October 2006
he was arrested by chief investigations officer Bala Bala of Samfya Police
Station on allegations that he used vulgar language and breach of peace.
Mulobeka said the officer and the head teacher accused him of committing the
offences after he went to the school to complain over alleged subjection of
his children to forced labour and being chased away from school by
authorities. The case was taken to court and was first heard on October 7
for plea where Mulobeka pleaded not guilt Mulobeka said on October 20 the
case came up again and he was acquitted by Samfya magistrate court.
After the acquittal, Mulobeka in February this year approached the Legal
Resources Foundation to help him sue the headteacher and the state.
The case was first reported to Mansa LRF centre in July 2004 after
Mulobeka's children were allegedly forced to mould blocks for the school for
12 hours a day for five days. Mulobeka said when he complained to the
headmaster, his children to work were allegedly even made to do more work.
He said when he saw that the issue was not being addressed, he wrote a
letter to the LRF in Mansa and Lusaka to lodge his complaint. Mansa
paralegal Gilbert Yumba called for mediation and during the meeting school
authorities accused Mulobeka of having been drunk when he went to the school
and that he had trespassed. The same letter that was published in the LRF
Newsletter of April 2005. When the school authorities read the letter, they
replied accusing Mulobeka of having been drunk when he went to the school to
lodge the complaint and alleged used abuse language. Mulobeka said in
November 2005 one of his children, who was in Grade Six, was expelled from
school and in January last year, his other son was denied a place in grade
one at the same school. Mulobeka said these two incidences forced him to
report back to Yumba who advised him to lodge a complaint with the District
Education Board Secretary (DEBS).He said the DEBS instructed him to write an
apology letter to the school authorities, the PTA and the headmen. He said a
meeting was held on February 3, 2006 where he met the headmaster, the PTA
committee and the headmen. Mulobeka said during the meeting he was told to
apologise but refused contending that he not done anything wrong. Then,
according to Mulobeka, the headmaster and those who were present at the
meeting allegedly told him that they will never allow his children to attend
classes at their school until he apologised.
He said in September 2006 the headteacher who was not happy with the advice
of the LRF reported the case of insult and breach of peace. Mulobeka said
after he was acquitted, he was again sued in the Kasoma Bangweulu local
court for defamation. The case is still in court.
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