PARENTS and guardians of children who were expelled from the Catholic-run Mother Patrick Convent Primary School in Harare have engaged lawyers demanding the reinstatement of the learners.
The school is facing a lawsuit over the expulsion of learners, with the parents and guardians accusing authorities of violating their children's constitutional right to education.
Parents and guardians stopped their children from going to school after staff at the school withdrew their services citing a plethora of challenges they were facing at the institution.
Authorities at the school, however, served children with expulsion letters for missing classes although they advised parents and guardians that they re-opened the re-enrolment process for the expelled learners.
They further indicated that the re-enrolment process comes with an admission fee of US$5 for the school to review the application.
However, according to the letter of demand handed to the authorities by Matika, Gwisai and Partners Legal Practitioners, the learners’ withdrawal on December 2 this year, was in violation of the children's rights.
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“The decision to withdraw pupils was unilateral and in clear violation of the rights to administrative justice under section 68 of the Constitution in that: the decision was manifestly unlawful and unreasonable.
“It was substantively unfair in that the reason for not being present was at the instance of the school which had suspended the calendar until further notice (which notice never came).
“It is in violation of the right to education under s 75 and s 81(1)(f) of the Constitution as read with s 4 of the Education Act (Chapter 24:04). The right to education is sacrosanct and cannot be whimsically taken away by the stroke of a pen as done by yourselves.”
The lawyers also demanded that the school rescinds the expulsion letters and terminate all proceedings related to the re-enrolment process.
“You are advised that you cannot benefit from your own wrongdoing, apportion blame where it is not due and in turn attempt to cash in on that via a purported re-enrolment process.
“For the foregoing, we demand that you rescind the letter of December 2, 2024 in which you purportedly withdrew our clients' children from your school.
“Further we demand that you terminate forthwith all proceedings in which you are seeking readmission and re-enrolment. You must thus consider pupils as learners at your school as it should normally be.”
The lawyers threatened to institute legal action to protect the interests of the minors.
The letter also stated that the purported withdrawal of pupils from the school for absenteeism is a non-event and invalid.
“You have founded your purported withdrawal on a policy from a non-existent ministry. All primary and secondary education administration in this country falls under the purview of the Primary and Secondary Education ministry and not the non-existent Education, Sports and Culture ministry referenced in your letter,” the lawyers said.