Govt sued for N$120 000 after pupil allegedly beaten 21 times with pipe

The education ministry is being sued following allegations that an Ongwediva teacher assaulted a Grade 5 pupil with a pipe at school, causing both physical injuries and psychological trauma.

The case, filed on 18 March by Windhoek-based lawyer Norman Tjombe, is brought by Rut Martha Shikwambi on behalf of her son.

Shikwambi is seeking N$120 000 in damages, comprising N$100 000 for pain, suffering and trauma and a further N$20 000 for future psychological treatment.

The claim also includes interest and legal costs.

The suit cites the government as the defendant, represented by the education ministry.

According to court papers, the incident occurred on or about 17 February at Charles Anderson Combined School. The learner was allegedly beaten by a teacher, identified as Mr Shindumbu, who is accused of striking the child approximately 21 times with a pipe on his buttocks.

Namibian Sun previously reported that the incident occurred after the boy reportedly said the teacher has “lungus” (meaning “talkative" or "loudmouth") during class.

According to reports, his classmates informed the teacher about the remark. The teacher is then accused of taking the boy to a male colleague, who allegedly beat him. After school, the boy’s parents took him to hospital for medical treatment.

Injuries and impact

Court documents say the child sustained severe swelling, bruising and lacerations and required medical treatment at Oshakati State Hospital.

The injuries allegedly caused significant pain, with the child reportedly unable to sit or sleep properly for about a month.

In addition to physical harm, the mother claims the child suffered emotional distress and psychological trauma, necessitating ongoing counselling.

The parents have also opened a criminal case against the teacher.

The boy’s mother argues that the assault was unlawful and that government, as the employer of the teacher and operator of the school, failed in its duty to ensure a safe learning environment.

The lawsuit contends that the school’s staff had a legal obligation to protect learners from harm and that the state is vicariously liable for the actions of its employees.

It further cites provisions of the Basic Education Act and Labour Act, which prohibit any form of physical or mental violence against learners.

Government has been given 21 days to indicate whether it intends to defend the matter. Failure to do so could result in a default judgment being granted.

The case adds to ongoing scrutiny over discipline practices in Namibian schools, where corporal punishment remains outlawed but continues to surface in reported incidents.