A Francistown woman, Lingani Kgosiemang, is seeking P1 million from the government for damages after her son, Marco Galloso, was assaulted by his teacher, Simphiwo Ngozi, at Montsamaisa Community Junior Secondary School in 2006.
According to the plaintiff summons, the teacher assaulted Galloso, then a teenager, by hitting him with a stick on the eye, resulting in the loss of eye sight.
Kagiso Jani, of the Francistown-based law firm, Ditiro and Jani Legal practitioners, the lawyer representing the plaintiff in the matter, revealed before Francistown High Court Judge, Terrence Rrannowane, that his client suffered damage to the eye in addition to medical costs.
“The medical report from a medical practitioner I have is that my client was assaulted in such a way that he will never regain proper eye sight and one of the painful issues is that he had to be hospitalized in Nyangabwe Hospital and was further transferred to a hospital in Bulawayo which resulted in heavy costs,” he said.
Jani went on to state in his arguments that the teacher did not have the right to impose corporal punishment on the student because there was no lawful justification. He also said in his argument that the punishment took place in public view, which also led to humiliation.
Jani brought before court that his client will have to be compensated a total of P1 000 000 for all the damages.
However, Charles Gulubane, of the Attorney General’s office, told court that they were not arguing the case, but were ready for an out of court settlement and will have to engage their own medical examiner to determine the health of the child and see how much compensation they will be looking into for damages.
“We engaged into discussions with the plaintiff through their attorney and we agreed that we are ready to settle the matter out of court, but we first have to engage our own medical examiner to determine the health of the child and the costs,” Gulubane told court.
The court is still waiting for a report from the Attorney General’s medical doctors.