A high court judge has ordered a Windhoek school to transfer a Grade 10 pupil to a class where he will not be taught by a teacher allegedly bullying him.
The pupil should be transferred to a different class in the German stream of the Deutsche Höhere Privatschule (German Private High School, or DHPS) pending the outcome of legal action which his parents intend to institute against the school, judge Eileen Rakow ordered in a judgement delivered in the Windhoek High Court on Friday.
Rakow remarked it was “indeed a sad day” that the court was asked to make a decision about the well-being of a child and the pupil’s relationship with his school and the school’s duty of care towards a teacher and a child.
She added that in the matter at hand, the 16-year-old pupil’s interest was at stake and the court had to consider what is in his best interest.
The pupil’s parents filed an urgent application against DHPS in the Windhoek High Court five weeks ago.
The court was informed that the pupil’s parents noticed a negative change in his attitude towards DHPS, where he has been enrolled for his entire school career, this year.
A clinical psychologist reported that the pupil’s perception was that he was being bullied by a teacher from whom he received lessons in two school subjects in which he was performing poorly compared to his other subjects.
The psychologist also stated in a report that the pupil feels the teacher in question dislikes him, is discriminating against him and is bullying him.
The school refused a request from the pupil’s parents, who asked that their son be transferred to a class where he would not receive lessons from the teacher in question.
The school informed the court that in its opinion, the pupil had difficulties in the two subjects because German is not his home language. The school also suggested he would be better off in DHPS’ English stream.
The school did not indicate that it would investigate the complaint about the teacher, try to find a solution for the pupil’s perception that he was being bullied, or would assist him to build a better relationship with the teacher, Rakow noted in her judgement.
She remarked that the relationship between the pupil, his parents and the teacher has deteriorated to such an extent that it will most probably not be mended easily without a huge amount of effort.
The pupil’s parents were represented by lawyers Herman Steyn and Abraham Small, instructed by Sisa Namandje, when Rakow heard oral arguments on the matter about three weeks ago.
John-Paul Jones and Laura-Lee Beets represented DHPS.
Stay informed with The Namibian – your source for credible journalism. Get in-depth reporting and opinions for
only N$85 a month. Invest in journalism, invest in democracy –
Subscribe Now!
