I don’t beat children, says sued teacher

THE teacher at the centre of a High Court case in which a schoolboy is suing the teacher and the Minister of Education for N$50 000, stated his side of the matter this week – and emphatically denied ever having beaten any child.

Aaron Tjatindi, a teacher at Olof Palme Primary School in Windhoek, completed his testimony yesterday in a civil claim being heard by Acting Judge Raymond Heathcote in the High Court in Windhoek. A 15-year-old former pupil at Olof Palme Primary School, Kapurunje Uirab, is suing the Minister and the teacher for N$50 000 in damages.Uirab claims Tjatindi subjected him to severe corporal punishment – which was ruled unconstitutional by Namibia’s Supreme Court in April 1991 already – on October 23 and 24 2003.He claims that Tjatindi slapped him through the face several times and gave him a thrashing with a piece of plastic pipe which had a metal wire inside.Another beating with the pipe followed the next day, Uirab claims.As far as could be established, Tjatindi, who told the court that he has been teaching since 1993, is the first teacher to face a civil claim over alleged corporal punishment since the practice was outlawed by the country’s highest court.The alleged assaults are claimed to have taken place when Tjatindi questioned Uirab and another boy over a complaint that they had been responsible for the disappearance of a fellow pupil’s cellphone.Uirab told the Acting Judge that he had to be treated at a clinic after the alleged beatings, and could return to school only some six days later.Tjatindi flatly denied the allegations.He told the Acting Judge that he did question the two boys over the missing cellphone and searched their school bags, but when he did not find anything, he told them to bring their parents to school with them the next day so that he could pursue the matter.When the parents did not come to the school, he let the issue rest.It was only in February last year that he was informed by the Ministry’s regional education office that complaints had been made that he had beaten Uirab.”I didn’t beat anybody,” Tjatindi stated repeatedly when his counsel, Geoffrey Dicks, put one of the elements of Uirab’s allegations against him – that he had beaten Uirab with a plastic pipe – to the teacher on Tuesday.”I don’t know anything about it,” Tjatindi responded when Dicks also put to him that it was alleged that he had slapped Uirab and another boy through the face.He added: “Corporal punishment is not allowed at our school at all.”Under cross-examination from Susan Vivier, Uirab’s counsel, Tjatindi answered with a prompt, loud “no” when asked if he had ever beaten any child.”As a teacher I do not beat children,” he added.He said he also does not support corporal punishment, and said that he preferred a kinder, gentler approach in working with children.”Me and the learners, we are friends.We are trying to create that atmosphere of friendship.”However, a veteran school inspector who was sent to investigate Uirab’s claims in June last year, Ben Katzao, came to a different conclusion, the court heard on Tuesday.Katzao, who said he has been a school inspector for close to 25 years, was called by Government attorney Philip Swanepoel as a witness on behalf of the Minister.Katzao testified that after he had spoken to Tjatindi, to the other boy who claimed to have been beaten and to 11 other pupils who claimed to have witnessed the incident, he concluded in a report to the Education Ministry that he believed the two boys had indeed been beaten.”I can’t believe that those learners, all of them, can make up such a lie,” Katzao answered when Vivier asked why he believed the children’s reports.But under cross-examination, Katzao readily conceded that he would have doubted the truth of the claims if he had known that the supposed eyewitnesses were relaying hearsay to him – which Dicks claims is the case.The hearing continues today.A 15-year-old former pupil at Olof Palme Primary School, Kapurunje Uirab, is suing the Minister and the teacher for N$50 000 in damages.Uirab claims Tjatindi subjected him to severe corporal punishment – which was ruled unconstitutional by Namibia’s Supreme Court in April 1991 already – on October 23 and 24 2003.He claims that Tjatindi slapped him through the face several times and gave him a thrashing with a piece of plastic pipe which had a metal wire inside.Another beating with the pipe followed the next day, Uirab claims.As far as could be established, Tjatindi, who told the court that he has been teaching since 1993, is the first teacher to face a civil claim over alleged corporal punishment since the practice was outlawed by the country’s highest court.The alleged assaults are claimed to have taken place when Tjatindi questioned Uirab and another boy over a complaint that they had been responsible for the disappearance of a fellow pupil’s cellphone.Uirab told the Acting Judge that he had to be treated at a clinic after the alleged beatings, and could return to school only some six days later.Tjatindi flatly denied the allegations.He told the Acting Judge that he did question the two boys over the missing cellphone and searched their school bags, but when he did not find anything, he told them to bring their parents to school with them the next day so that he could pursue the matter.When the parents did not come to the school, he let the issue rest.It was only in February last year that he was informed by the Ministry’s regional education office that complaints had been made that he had beaten Uirab.”I didn’t beat anybody,” Tjatindi stated repeatedly when his counsel, Geoffrey Dicks, put one of the elements of Uirab’s allegations against him – that he had beaten Uirab with a plastic pipe – to the teacher on Tuesday.”I don’t know anything about it,” Tjatindi responded when Dicks also put to him that it was alleged that he had slapped Uirab and another boy through the face.He added: “Corporal punishment is not allowed at our school at all.”Under cross-examination from Susan Vivier, Uirab’s counsel, Tjatindi answered with a prompt, loud “no” when asked if he had ever beaten any child.”As a teacher I do not beat children,” he added.He said he also does not support corporal punishment, and said that he preferred a kinder, gentler approach in working with children.”Me and the learners, we are friends.We are trying to create that atmosphere of friendship.”However, a veteran school inspector who was sent to investigate Uirab’s claims in June last year, Ben Katzao, came to a different conclusion, the court heard on Tuesday.Katzao, who said he has been a school inspector for close to 25 years, was called by Government attorney Philip Swanepoel as a witness on behalf of the Minister.Katzao testified that after he had spoken to Tjatindi, to the other boy who claimed to have been beaten and to 11 other pupils who claimed to have witnessed the incident, he concluded in a report to the Education Ministry that he believed the two boys had indeed been beaten.”I can’t believe that those learners, all of them, can make up such a lie,” Katzao answered when Vivier asked why he believed the children’s reports.But under cross-examination, Katzao readily conceded that he would have doubted the truth of the claims if he had known that the supposed eyewitnesses were relaying hearsay to him – which Dicks claims is the case.The hearing continues today.