Violation of the right to education of every minor as per the Constitution

The right to education as articulated in Section 75(1)-(4) of the Constitution of Zimbabwe is vague and embarrassing. This is because the provisions therein fail to stipulate the environment in which this right can be exercised or enforced by the holder of that right. As a result it begs the question that how can a right holder be guaranteed of enforcing their right without fear of being deprived unlawfully of such exercise merely because of a triviality.

Students in Zimbabwe at the moment are in examination mode and are hoping to reap what they have sown. Of particular interest is the story of the male student from Bocha village, precisely Mutsvene High School, who was barred from sitting for two examination papers merely because he was not putting of any shoes.

What pulls at your heartstrings in this matter that was published by the Herald newspaper last week Thursday, is that he is not the first or nor shall he be the last to write his examinations without shoes. So many affluent businessmen and influential persons today in our country walked and mirrored that path because their families where impoverished and couldn’t afford shoes let alone the school uniform. They however were not barred from writing these exams barefoot….but look at where they are today. They are who they are because their poor backgrounds acted as a motivating factor for them to rise above their circumstances. They proved that it is not as if the shoes do the writing for you in the examination but steely determination supersedes all else.

This school is situated in the depths of the rural areas and the majority of students enrolled there hail from poverty stricken homes. Their families can barely afford putting a single meal on the table a day let alone can they afford to buy shoes. They cannot afford to exercise their basic right to food, as a result, having shoes on their feet becomes a luxury that is farfetched.

However, there is some solace and comfort in knowing that the same Constitution in Section 81(2) safeguards the best interests of the child. The best interests of a child below the age of majority are paramount in every matter concerning that child.

This provision in relation to the story mandated the Headmasters’ wife to make an educated evaluation of whether it was in the students’ best interests to turn him away from writing these examinations merely because of such a triviality. Really??? She played God the moment she did that and means there are consequences that she has to face without question. The Constitution is the supreme law of the land as per Section 2 of the Constitution. Her actions are a gross violation and disregard of the provisions thereto and this desperately calls for the Zimbabwe Human Rights Lawyers Association to act pronto. This behaviour cannot go unpunished and this student would need to be compensated with damages in a variety of forms.

In my view this teacher has to be made into an example for other teachers to desist from such unwarranted behaviour. We are well are that the job comes with it some frustrations but this job should not be a means to earn a living but a calling. If it were a calling she would have tried to understand the boys’ predicament and would not in any uncertain terms turned him away. This is the rising problem in our country where people apply for jobs not because of the natural push from within them to serve their communities but instead because it’s a means to an end and they couldn’t care less of the casualties along the way. This is because this action touches on so many aspects of that boys’ life some of which cannot be compensated. The damage is a challenge to quantify in monetary terms. This leaves this situation difficult in determining the outcome.

Inasmuch as the headmaster volunteered to pay for the boy in June 2016 for the examinations he missed, how shall he compensate him for time and energy wasted preparing for these examinations? Furthermore, he must have been studying with others,they shall proceed to the next stage and he shall remain behind, who shall assist him? To add on the set back on time and the fact that he shall have two sittings instead of one. Many jobs nowadays insist that the applicant should have one sitting for their ordinary level examinations and have one certificate as a requirement. How shall that be recompensed? The emotional and psychological trauma cannot be ignored, how shall that be dealt with? Whoever his is guardian has been trying to suffer through the preparatory stages for the examinations by buying books and stationary and food, how shall that be compensated? Is it a crime to be poor, does one choose to be poor or you are born into it and you strive to leave that life behind through full utilisation of opportunities presented? In this case this boys’ one shot at breaking away from a background of poverty has been shattered to many irretrievable pieces. How will this opportunity be pieced back together? This is a mission school, how does the Roman Catholic Church seek to return to status quo this situation?

So many questions and yet so few answers. It is a gross injustice that will be a mammoth’s task to rectify. Yet it could have been avoided in the first place. The teacher responsible for what transpired may be disciplined according to the code of conduct of teachers and may be stripped of her duties and yet still  fired….but does that bring restitution to the boy in question? Food for thought indeed.