Educator ruled not guilty of common assault after appeal
"The trial court's conviction of common assault is set aside and replaced with the following: The accused is found not guilty and must be discharged and released," the documents from the High Court revealed.
BURGERSFORT – A local teacher who had been found guilty of common assault by the Burgersfort Regional Court in June 20, 2019, has won her case after an appeal.
The Limpopo High Court in Polok-wane has found Joyce Mbiza not guilty. According to the verdict from judge president DJP Semenya, Mbiza’s appeal is upheld.
“The trial court’s conviction of common assault is set aside and replaced with the following: The accused is found not guilty and must be discharged and released,” the documents from the High Court revealed.
The educator of Marota Primary School was accused of allegedly assaulting a seven-year-old minor on July 27, 2017.
Mbiza was initially handed a 12-month sentence or a R4 000 fine by the Regional Court. The sentence was for allegedly punishing the minor for “writing slowly”.
She appealed the decision, with her lawyers arguing that the minor was not at school during the alleged date of the assault, and said the class register on the day indicated the same.
The Mbiza family said they were glad and relieved that justice prevailed. “We are satisfied with the recent outcome. We were not guilty, and we are happy that justice prevailed at the end.”
Corporal punishment at schools was outlawed by the SA Schools Act in 1996.
