By Tapiwa Svondo
A LOCAL magistrate has acquitted four parents of misconduct charges stemming from their alleged protest against maladministration at Sagambe Primary School
The recent ruling by Mutasa Magistrate Artwell Sanyatwe found Jennifer Sithole, Tafirenyika Boterere, Shadreck Manyange, and Brighton Manyange not guilty at the conclusion of the prosecution’s case after a trial that spanned several months.
The quartet was arrested early March 2024, facing charges of disorderly conduct in a public place, as defined in section 41 of the Criminal Law (Codification and Reform) Act chapter 9:23.
In a statement, the Zimbabwe Lawyers for Human Rights said during trial, prosecutors claimed that the group orchestrated a protest, and it was alleged that the parents disrupted children by preventing them from attending classes.
“During trial, prosecutors claimed that Sithole, Manyange, Boterere and Manyange, who reside in Sagambe village in Mutasa District in Manicaland province, masterminded a protest against Evans Mwaturura, the school head at Sagambe Primary School, who stood accused by some parents and guardians, of presiding over maladministration at the school.
“The villagers were also accused of stopping school children from attending lessons at Sagambe Primary School. The allegations of maladministration had been raised during a School Development Committee (SDC) Annual General Meeting, which was held at Sagambe Primary School, where some parents intended to raise several concerns against Mwaturura,” reads the statement
The situation escalated when the parents sought a meeting with ministry officials, leading to the arrest of pregnant mother Esther Kuseri for disorderly conduct during the consultation, from which she was later released after paying a fine.
“The disgruntled parents had sought to engage officials from the Ministry of Primary and Secondary Education and eventually a meeting was held with officials from the ministry in the presence of some ZRP officers from Ruda Police Station. Kuseri was arrested during the meeting for allegedly raising her voice against an official at the consultation.
“She was later released from Ruda Police Station on Thursday 7 March 2024 after she paid an admission of guilt fine for disorderly conduct in a public place for contravening section 41 of Criminal Code following the intervention of ZLHR lawyers.
“Kuseri opted to pay an admission of guilt fine for disorderly conduct in a public place because she was pregnant and the conditions of police detention were making her uncomfortable and she was not comfortable with the inconvenience of court processes considering her condition”, reads the statement.
However, Chikosa, the former SDC chairperson, faced separate charges for allegedly promoting public violence and compiling grievances against Mwaturura, but he was removed from remand.
“Chikosa who is the former SDC Chairperson at Sagambe Primary School, was separately charged with contravening section 37 of Criminal Code for allegedly participating in a gathering with intent to promote public violence, breaches of the peace or bigotry.
“He was accused of being the one who had written a list of grievances levelled against Mwaturura, which had been presented at the meeting with officials from the Ministry of Primary and Secondary Education.
“Chikosa was removed from remand and advised that he would be summoned to stand trial if prosecutors decide to pursue the matter,” ZHRL noted.
In acquitting the four parents, the presiding magistrate noted the lack of sufficient evidence to support the misconduct charges.