BULAWAYO High Court judge Justice Nokuthula Moyo will on Wednesday preside over the case of a nine-year-old pupil from Gwanda who is suing teachers’ unions and Government.
Amuhelang Ulukile Dube, a pupil at Mafuko Primary School in
Gwanda district in Matabeleland South is seeking an order barring teachers at
public schools from striking over poor salaries and working conditions.
The minor, who is being represented by her grandmother, Ms
Senzeni Nyathi, through her lawyers Ndove and Associates, have filed an urgent
chamber application at the Bulawayo High Court.
In papers before the court, the Zimbabwe Teachers’
Association (Zimta), Zimbabwe Confederation of Public Sector Trade Unions,
Progressive Teachers’ Union of Zimbabwe (PTUZ), Amalgamated Rural Teachers’
Union of Zimbabwe (ARTUZ), the chairperson of the Public Service Commission, Dr
Vincent Hungwe, Primary and Secondary Education Minister Cain Mathema, Minister
of Public Service, Labour and social Welfare Professor Paul Mavima and Minister
of Finance and Economic Development Professor Mthuli Ncube, were cited as
respondents.
The application follows the recent threats by teachers not
to resume work until their demands for better salaries are met.
Teachers are demanding to be paid US$550 or its equivalent
in local currency a month.
In her founding affidavit, Ms Nyathi said the actions of
the cited teachers’ unions and their members to refuse to take up classes over
salary grievances and improved working conditions coupled with the
non-intervention of the Government constitutes a violation of the children’s
right to education as enshrined in sections 75 and 81 of the country’s
Constitution.
She wants the teachers’ unions together with their members
interdicted from boycotting classes with all teachers being directed to report
for duty within 48 hours of the granting of the order.
“I further seek ancillary relief to the effect that the
Government be ordered and mandated to provide teaching staff to ensure that
there would be no interruption of teaching services or classes at all public
primary and secondary schools in Zimbabwe so that the rights of the children
are not violated,” said Ms Nyathi.
The applicant said in the event that the teachers refuse to
comply, Government should be directed to take all measures to ensure that there
is no interruption of classes. Chronicle
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