A MAGISTRATE has described the Education Act as a joke, which has entrusted young girls to “cannibal” male teachers.
Magistrate Chrisantos Chandi made the observation following a case in which a 31-year-old teacher of Ndola has been acquitted of raping his 17-year-old pupil after establishing that the two were in an intimate relationship.
Davies Mukuka, 31, a teacher of history at Ndola Girls Technical School, was charged with rape.
It was alleged that on October 28 last year, Mukuka had unlawful carnal knowledge of the 17-year-old girl without her consent.
In her testimony, the girl alleged that she was raped by the teacher when she went to his office to make a phone call to her mother.
“I am a pupil in Grade 12. I know the man, he was my history teacher last year,” she said. “I am a boarder. About 20:00 hours I went to his office to call my mother on his phone [when he allegedly raped her].”
Ndola Teaching Hospital gynaecologist and obstetrician Rashidi Nchimunya also told court after he examined the child following allegations of rape and his conclusion was that the hymen was intact.
“The hymen was intact, no vaginal lacerations, the virginal hole was bigger than normal,” he said.
“The conclusion was that the hymen was intact and we maintained suspected defilement.”
And when the matter came up on case to answer, magistrate Chandi noted that there was a relationship between Mukuka and the pupil.
“The defence introduced a diary memo written by the prosecutrix which was signed and endorsed by both the accused and the prosecutrix showing a relationship quite intimate to dispute between the two,” he said.
“I have come to the conclusion that the story of rape was made up as it is clear that the accused did not rape the prosecutrix.”
Magistrate Chandi further noted that upon reviewing the Education Act, he found it to be a joke.
“The court looked at the Education Act and found it as a joke that we entrust our girls to cannibal male teachers and all there is in the Act is a disciplinary process that borders on ethics without criminal sanctions,” he said.
“Teachers cannot be sleeping with their children.” Magistrate Chandi said schools must be made safe for girls and urged the district education board and school administrations to take matters concerning the safety of girls seriously
Zambia Daily Mail
