Anger as assault case withdrawn

PHUMZILE Gwala whose grandson's finger was broken by his teacher PICTURE BONGANI MBATHA

PHUMZILE Gwala whose grandson's finger was broken by his teacher PICTURE BONGANI MBATHA

Published May 3, 2015

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Durban - The family of a 14-year-old boy who lost his finger after he was allegedly hit by his teacher wants justice to be served.

It’s been two years since the teenager was allegedly assaulted by his mathematics teacher, who is known only as Mr Khumalo, at Sandakahle Primary School. The teacher accused him of cheating during a test and the boy claims he hit him a number of times with a plastic pipe .

The boy’s family took him to Prince Mshiyeni Memorial Hospital in Umlazi and his ring finger on the left hand was amputated. According to the medical report, if the finger was not amputated the boy would have difficulty using his left hand because of severe fractures he sustained.

Speaking to the Sunday Tribune this week, his grandmother Phumzile Gwala said the family wants the teacher to face the full might of the law and be punished for his actions.

Gwala said the incident has traumatised her grandson. “He used to be an active child, who assisted me in my daily chores. But ever since then his life has changed drastically,” she said.

“We want to see the teacher behind bars because our child is paralysed now.”

In their efforts to see justice prevail, the family opened a case against the teacher shortly after the incident in October, 2013. But the case was thrown out of court due to insufficient evidence, police spokesman Major Thulani Zwane confirmed.

The teacher was charged with assault and it is alleged that due to the boy’s medical report not being available when the teacher appeared in court, the matter was withdrawn.

Zwane said the family can reopen the case if they feel the case was not properly handled.

This has enraged the family.

The boy’s uncle, Sibusiso Gwala, said he doesn’t understand why the case was thrown out of court and why they were not informed about the decision.

“I honestly smell a rat here. The investigating officer didn’t keep us updated and the next thing we hear is that the case has been thrown out of court. We gave the investigating officer all the documents she requested, including the medical report.

“Our child has nine fingers as we speak because of the teacher, but the court says there is insufficient evidence,” he said.

Speaking about his ordeal, the boy said: “I couldn’t hold a pen after the bashing as my hand was shaking and blood was gushing out like water. I will never forget that day because it changed my life. I feel like I’m not the same person.”

He said he had to change schools because he feared he would be assaulted again.

Adding to their woes, the family also claim that the boy is being ridiculed. He is being teased by other children, who call him “nine fingers”.

“At one stage he wanted to quit school because other pupils were teasing him,” said his grandmother, adding that the boy is having serious challenges coping at school because of the incident.

She said the boy is so traumatised that he cried inconsolably when he saw the teacher who is alleged to have beaten him.

“He cried for about an hour last week when he saw the teacher driving past our house. I don’t know what to do now because no one is willing to take our child out of this misery,” she said.

The teacher has reportedly left the school, but the reasons for his move are unclear. It is not clear at this stage whether he is working at another school in the area as the boy’s family claim.

Approached for comment, the spokesman for the MEC of Education in KwaZulu-Natal, Isaac Luthuli, said this was a criminal case and the department could not do anything at this stage. He said the perpetrator should face the music for his actions.

“We are sympathetic to the family and the pupil. Corporal punishment was banned a long time ago. So it’s against the law,” he said.

Attempts to get comments from the teacher and principal were unsuccessful.

Sunday Tribune

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