by Mashudu Netsianda, Senior Court Reporter.
A FORM Four pupil at Falcon College in Esigodini, who was suspended from attending school for alleged drug abuse, has approached the High Court challenging his expulsion. The 15-year-old schoolboy, who is being assisted by his mother through their lawyers Dube-Banda, Nzarayapenga and Partners, filed an application for review at the Bulawayo High Court. In papers before the court, Falcon College Trust, its headmaster, Mr Reg Querl and the Minister of Primary and Secondary Education Professor Paul Mavima, were cited as respondents. The boy was taken for laboratory drug tests in July and the results came out positive. In his founding affidavit, he said he was denied his constitutional right to attend classes, arguing that the decision of the school authorities to suspend him was unjustified. He argued that he was not afforded a chance to make representations in his case. The schoolboy, who was suspended on July 17 this year for alleged drug abuse, said the decision to suspend him was unlawful and not supported by evidence. The applicants’ lawyers said his suspension was in violation of section 8 (1) of the Education (Disciplinary Powers) Regulations, 1998, arguing that his suspension exceeded the statutory limit of seven days. In her supporting affidavit, his mother said the school did not conduct a disciplinary hearing to ascertain whether her son was guilty of taking prohibited drugs. She said her son was taken to a hospital in Bulawayo for the purposes of testing him for drug abuse and urine test without her consent.