A LUSAKA man has sued Mpelembe Secondary School in the High Court for expelling his daughter, a Grade 11 pupil, on allegations of smoking marijuana at school.
Lazarous Tute wants an order for her immediate reinstatement to the school.
He is also seeking, among other claims, damages for defamation, humiliation and embarrassment suffered by the pupil as a result of her arbitrary withdrawal.
In a statement of claim filed in the Lusaka High Court principal registry, July 2, 2020, Tute stated that his daughter was enrolled at Mpelembe on the Coppetbelt as a Grade 11 pupil.
Tute stated that his daughter had been enrolled at the school from Grade eight and was an excellent pupil, morally, spiritually and academically without any blemish on her part.
He stated that by a letter dated February this year, the school arbitrarily purportedly withdrew the child from the school for allegedly smoking marijuana and keeping it in her locker.
Tute stated that the purported arbitrary withdrawal of his daughter was wrongful, illegal, null and void and of no legal consequence or effect whatsoever warranting the same to be rescinded forthwith.
“The alleged illegal substance, namely marijuana allegedly contained in a purse whose whereabouts and fate remain unknown currently was not brought to the attention of the plaintiff or at all the same remains a mystery to date,” the claim read.
Tute stated that his daughter was disadvantaged by failure to give her an opportunity to be heard and not consulting her parents or giving her a charge sheet.
He stated that the school withdrew the pupil but that on March 6, 2020, they appealed against the said withdrawal from the school.
Tute stated that the school convened a hearing chaired by the school’s principal.
He stated that on March 24, 2020, the appeal was successful and the withdrawal was rescinded.
Tute stated that his daughter was then placed on three weeks suspension and professional counseling on the dangers of use of drugs.
He stated that his daughter accepted to be reinstated into school but demanded for the reinstatement to be completely unconditional as the offence of the alleged smoking of marijuana were never proved.
Tute, however, stated that in a dramatic and sudden turn of events, the school for no cogent or apparent reasons as opposed to addressing the pupil’s demands by a letter dated April 9, 2020, reinstated the withdrawal.
He stated that the decision to withdraw his daughter from school following her demand for an apology was made in bad faith.
Tute stated that his daughter was merely a victim of circumstances at the hands of the school to punish her for no cogent.
He is now seeking an order of ex parte reparative injunction directing the school whether by itself, its agents, servants, employees or otherwise restoring the pupil in the school pending hearing and determination of the main matter.
