High court quashes decision to sack temporary teacher

FRANCISTOWN: The High Court has quashed a decision by the Ministry of Education to terminate a temporary teacher's appointment following her refusal to invigilate examinations last year.

Justice Modiri Letsididi said the termination of Austin Ramasiagopama's appointment was unlawful. "The decision to terminate Ramasiagopama's appointment, as a temporary teacher at Rakops Junior Secondary School on the 30th November 2010, is herby set aside. It was malicious, capricious, unlawful, wrongful, in bad faith and also improper as it was out of ulterior motives," said Letsididi. Ramasiagopama was appointed as a temporary teacher of Design and Technology at the Rakops school in October last year.

The contract was to run until end of January 2011. The court heard that on October 28, the director of education in Central District, Marcos Maedza wrote a savingram to all school heads in his jurisdiction requesting a list of all temporary teachers not involved in invigilation of end of year examinations. After getting the list, he proceeded to terminate their employment. Ramasiagopama's attorney, Morris Ndawana told the court to consider that the director's decision to terminate the services of his client was actuated by malice and ulterior motives.

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