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Mashudu Netsianda, Senior Court Reporter
THE High Court yesterday dismissed an appeal against conviction by a Gweru teacher who harassed and ill-treated a Form Two pupil by verbally abusing her and excluding her from classes.

Thandiwe Ncube (50), an English teacher at Guinea Fowl High School in the Midlands capital, verbally abused the pupil and excluded her from lessons.

She also withdrew the pupil from class discussions and learning groups.

Ncube was last year convicted of ill-treating the 15-year-old girl in violation of Section 7 (1) of the Children’s Act by Gweru magistrate Mr Musaiona Shotgame.

She was fined $200 or two months in jail.

In addition to the sentence, Ncube was given six months imprisonment which was wholly suspended on condition of good behaviour.

The ruling by Bulawayo High Court judge Justice Nicholas Mathonsi follows an application by Ncube through her lawyers, Tavenhave and Machingauta Legal Practitioners, challenging her conviction and sentence.

Justice Mathonsi, who was sitting with Justice Maxwell Takuva during criminal appeals at the Bulawayo High Court, ruled that there was sufficient evidence to sustain conviction of child abuse against Ncube.

“In light of the evidence, I am satisfied that the trial court was correct to conclude that the appellant (Ncube) deliberately did not record the child’s first term mark, and by so doing she was ill-treating and neglecting the child thereby traumatising her,” said the judge.

“The court also correctly concluded that the child was segregated by the appellant because there was enough evidence pointing not only to her exclusion from class, but also to the appellant’s refusal to mark her school work.”

Justice Mathonsi said there was irrefutable proof that Ncube openly defied the directives of both her school head and his deputy by refusing to teach the child.

“Clearly, that was ill-treatment or an act of neglect and there is therefore no merit in the appeal against conviction. It is the sentence of the appellant to a fine of $200 or two months imprisonment and the wholly suspended prison term of six months, which induces a sense of shock,” he said.

The judge, however, upheld the sentence and substituted it with a $60 fine or 30 days in jail.

“In the result, it is ordered that the appeal against conviction is hereby dismissed and the appeal against sentence is upheld. The sentence of the court a quo is set aside and substituted with a fine of $60 or 30 days imprisonment,” ruled Justice Mathonsi.

Ncube, in her grounds of appeal, said there was insufficient evidence to sustain her conviction, arguing that the evidence led by the State was incomprehensible and not credible.

She argued that the sentence was too harsh and manifestly excessive in the circumstances.

According to court papers, in January 2016, the pupil fell ill and her mother went to Ncube and the headmaster to explain the situation.

Ncube, however, failed to appreciate and understand the complainant’s condition and started to torture and expose her to abuse.

She insulted the complainant by uttering the following words, “I will make your life miserable” through unspecified various means.

It is the State case that Ncube refused to mark and supervise the academic work of the pupil.

At times she would give her unbelievable marks. The accused also did not mark and capture her results on the first term examinations and this was indicated in her school report.

Ncube would segregate and withdraw the pupil from class discussions and learning groups. Due to Ncube’s actions, the pupil’s learning was affected.

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