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Suspended Teachers Take Govt To Court

Suspended Teachers Take Govt To Court

Obert Masaraure, the president of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ), on Friday, filed an urgent chamber application at the High Court, challenging the suspension of striking teachers by Primary and Secondary Education Minister Evelyn Ndlovu.

Masaraure argued that Ndlovu had no authority to suspend striking teachers as that was the mandate of the Public Service Commission (PSC). He said:

There is no provision giving the respondent such powers as she purports to exercise or suspend all officials within its ministry unilaterally.

The provision is clear as to what happens and who should give effect to a suspension notice.

For example, senior grade members, who are part of the applicant, are prejudiced in having to be suspended by an order of the minister when in fact; the law provides for them a different disciplinary authority.

The Press statement of the respondent is, therefore, manifestly illegal and ought to be set aside.

Masaraure, through his lawyer from the Zimbabwe Human Rights NGO Forum, added:

Although section 65 of the regulations provide for a departure from the provisions above, it is only the commission that can so authorise such departure or undertake such departure and not the Respondent of her own volition.

Further, such departure is put to a test of whether or not it will result in a substantial miscarriage of justice for it to pass as a valid departure.

There is no doubt that there will be a serious miscarriage of justice when tens of thousands of teachers are suspended without following proper procedures with just one blanketed notice on such a wide scale.

Late on Thursday, Ndlovu said striking teachers have been suspended due to their refusal to resume work despite the government’s offer to give them a 20 per cent salary increase and other non-monetary benefits.

More: NewsDay


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21 Comments

WILLIAM SONBOY CHINEMBIRI 3 months ago

MADAM EVELYN NDLOVU DID NOT TAKE THIS ACTION SINGLE HANDEDLY OR UNILITERALLY. MY PINDULA COLLEAGUES, REMEMBER THAT OUR PRESIDENT HAS A BOARD KNOWN AS CABINET. THINGS LIKE THESE ARE DEBATED IN CABINET.

MINISTER OF PRIMARY AND SECONDARY EDUCATION SITS IN THAT CABINET BY THE VIRTUE OF HER BEING MINISTER. IN THIS INSTANCE, SHE JUST ACTED AS A SPOKESPERSON OF A DECISION WHICH GOVERNMENT HAD TAKEN.

THE QUESTION WE SHOULD ALL ASK IS WHETHER OUR GOVERNMENT HAS COMPETENT LAWYERS WHO SIT IN THAT CABINET. MINISTER ZIYAMBI ZIYAMBI, WHO IS MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS, SITS IN CABINET, I DOUBT HIS PERSONALITY AND NOT HIS QUALIFICATIONS. IF THERE IS NO LAWYER WHO SIT IN THAT CABINET, THEY SHOULD CONSULT FIRST BEFORE TAKING SUCH AN EMBARRASSING ACTION.

TEACHERS ARE EMPLOYED BY PSC AND SECONDED TO THE MINISTRY OF PRIMARY AND SECONDARY EDUCATION AS TEACHERS. PUBLIC SERVICE COMMISSION IS LEGALLY MANDATED TO FIRE TEACHERS.

ON ARRIVAL AT THE MINISTRY OF PRIMARY AND SECONDARY EDUCATION, TEACHERS ARE GIVEN A CODE OF CONDUCT WHICH THEY MUST ABIDE BY FEVERISHLY. IF A TEACHER BREACHES A CODE OF CONDUCT, EDUCATION OFFICIALS DEAL WITH THAT. ONCE THEY DECIDE TO SUSPEND OR FIRE THAT INDIVIDUAL TEACHER, THEY MUST HAND OVER THE CASE TO PSC, THE EMPLOYER.

I GIVE OBERT MASARAURE OF THE AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE 90/100 SUCCESS IN HIS ENDEAVOUR TO HAVE THE TEACHERS REINSTATED TO THEIR POSTS.

OUR GOVERNMENT MUST BE SERIOUS ABOUT WHAT THEY DO TO THEIR WORKFORCE. THEIR SALARY INCREMENT OF 20% TO CIVIL SERVANTS IS A MOCKERY. THEY MUST IMPROVE THE PERCENTAGE.

GOVERNMENT MUST REINSTATE THE SUSPENDED TEACHERS AND BEGIN REAL OR GENUINE TALKS WITH ITS EMPLOYEES.

YOURS SINCERELY
CDE KUFA KWANGU ZVAROVA
[ THE BUSH LAWYER ]


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Greater Sibanda 3 months ago

if the money is useless and very little why are these teachers not ignoring and tender their resignation before they are even called for a hearing. they must leave this job that pays not. why worst money paying lawyers on meaningless wages.....


Nechironga 3 months ago

Ana Sibanda kwamunogara kunezvikoro here? njere hamuna shaa..

Sponono 3 months ago

@ GS ko kunyora nerwenyu rwaamai zvakaipei. This is total brutality to English. "Mayday mayday English down, I repeat English Language is down"

Mudzidzisi 3 months ago

Chirungu chenyu vakuru chinoratidza chega kuti ndimi magara munorova maticha nerekeni. You do not value education and you wish to see the whole system closed. Saka kindly shut up.

Sponono 3 months ago

Pamberi ne zanu pf

Pasi na ccc


Sponono 3 months ago

Saka

Dhuterere 3 months ago

You cant have a meaningful debate nrmunhu who only knows hw to pronounce a slogan.. Its sad to come to realise how someone think its political kuti tipei mari inotenga its a reality that a teacher now cant afford to buy a new trousers and shoes to put on in front of the learners that he shld be a role model and shape their future... Vanoda here kuti vana vachinoteerera mbavha nokuti ndodzave nemari teacher achishoreka then you wonder.. What kind of society are we building? If our leaders dont have children in public schools for them nt to care abt how the Education system has gone to the dogs its rather sad.... We thought we had seen the worst of it all during Mugabe's regime to think that nothing could be more worse politics aside ingori nyaya yekuti lets Restore The Dignity of Our Gvt Workers Who are not political appointees..


Sabelo Zivurawa 3 months ago

Politicians must pronounce political decisions . Ma'am Ndlovu your are a political stooge who should only dismiss and suspend ploticians not professionals. Mutoda, Killer ,and many others in that category you can unilaterally suspend them. Be advised ma'am Ndlovu that this ministry had other ministers before your advent. Where are they now ? Silabo lapha elocation , tinavo muno mumalocation. When all has been done you will go back to your roots. Be kind to your kiths and kins. On this valentine week please exercise love . Expand your love territorial to urban teachers, rural teachers, and all learners. HE ED removed Cain because he had heart of Ida Amin. As you go to church this weekend ask for forgiveness for you have committed a henious seen of abusing the education system-teachers , parents , learners and all stockholders.Amai ivai nomoyo wakanga uina Jesus. Jesus akati regai vana vadiki vauye kwandiri imi hamba kachana.
Kana izvi mazviverenga acknowledge kuti matendeuka pakutadza kwenyu Mrs Ndlovu.


Tkt 3 months ago

It's unfortunate,she won't read it..only us e poor can...

Gain 3 months ago

I think parents should also petition the ministry of education as they are paying fees for for non deliverance of due service. It's high time parents should stand up for their children's right to education. To the teachers a strike must be a strike but we hear that some unscrupulous teachers are conducting paid private lessons to some students... That must stop as the wrath of parents would end up descending upon you.


AG 3 months ago

Idzi Tkt kuti dzakamboenda kuchikoro here idzi kkkkkk why can't the ruling gvt just give workers Mari yavo vana vadzidze


Gaffer 3 months ago

Haa Tkt is a primary school dropout...he won't answer constructively e questions from Hulk..he is an dumbass

Ginious 3 months ago

Simple🤠

Hulk Hogan 3 months ago

Lets speak Politics.@Tkt since you are a ZANU pf loyalist how do you and your government intend to solve these crisis and what constructive measures are you going to implement so to address the the issue of salaries and the on going Teachers strike,also what is the hope for the Zimbabwean education sector?

The past 42 years has been terrible for your government under the helm of ZANU pf, how many years precisely will your ZANU pf led gvt intend to get Zimbabwe back to her feet?

ZANU pf loyalists can you please answer these questions please.


Tkt 3 months ago

The so-called crisis will be attending by e relevant ministers n ministries..Asante sana

... 3 months ago

Blanketed suspension? that's not in order, vanenge vangopihwa verbal instruction which does not relate to law, ndozvakaipira chitororo izvozvo


Tkt 3 months ago

Haa muri kumbo mira mira bambo,kuedza kusvibisa mazita evamwe in,a bid to draw our attention, manje takuona @patriot(FAKE)

as for the strikes sooner than later they shall spread but we know kuti why chibato chenyu nacho will be dead,and,burried before year end

#ZANU-PF forever


Tkt 3 months ago

Haa muri kumbo mira mira bambo,kuedza kusvibisa mazita evamwe in,a bid to draw our attention, manje takuona @patriot(FAKE)


Gain 3 months ago

It's like the government is assisting the teachers to strike more. Who will occupy the 3 months suspension discourse? Our education ministry is real clueless, she is killing our children's future. Mthuli Ncube must dollarise as soon as possible as his bond money does not keep value


patriotic 3 months ago

chembere dzisina mano 😂



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