Bulawayo magistrate Mathew Mutiro recently acquitted Adolf
Mutsungo (36) after a full trial. He was represented by his lawyers Task Vhiki
and Mary Nyika of Macharaga Law Chambers. In acquitting Matsungo, the
magistrate stated that the State failed to prove its case beyond a reasonable
doubt. However, the court acknowledged his defence of being in love with his
student.
The court heard that the teacher in question would rape the
student on some occasions. However, the student never reported these incidents
to either the school authorities or the police.
The court further heard that the student frequently visited
the teacher in his storeroom, even though he was not teaching her any subjects
she was learning at the school. The court also concurred with Mutsungo’s
defence that when the student visited his office they would engage in sex and
they were lovers.
The magistrate said the student was bitter after she
discovered that Matsungo impregnated a former student and had set up a home
together. According to Matsungo’s testimony, sometime in 2023 from the
beginning of the term he was in a love relationship with the 16-year-old
student.
He also said during the second term the student stopped
coming to school, only to return in the second week of the third term and the
two resumed their love affair. He further said during the same week they had
consensual sex in his office.
Matsungo told the court that their love affair turned sour
when the student disclosed that she was impregnated by her boyfriend who stays
in Mzilikazi suburb and terminated the pregnancy. After that Matsungo told the
court that he threatened to end the affair.
Following that, Matsungo said the student in question
confronted him and accused him of having impregnated a former student at the
school. He said after that the student threatened to punish him.
Allegations against Matsungo were that on a date not known
by the prosecutor but sometime in September last year, he told the student to
accompany him to his office to fetch a cell phone so that she could capture
images for her Continuous Assessment Learning Activities (CALA) programme.
It was alleged that the student fetched the phone and went
on to capture images of her CALA in the class. When she returned it to his
office Matsungo was alleged to have grabbed her and carried out the sexual
attack.
The matter was reported to have come to light when another
teacher at the school noticed behavioural changes in the student and quizzed
her leading her to reveal that she was allegedly raped by Matsungo. The matter
was reported to the police leading to the arrest of Matsungo. B Metro
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