Nkhwazi School sued over sexual misconduct involving swimming instructor

By CHIKUMBI KATEBE

A SWIMMING instructor at a private school has been dragged to court for alleged sexual misconduct involving a minor.

A grade 6 pupil at Nkhwazi Primary School has allegedly been psychologically assaulted by a male teacher while under his supervision.

This is according to a statement of claim filed before the Lusaka high Court where the said teacher, Leroy Phiri allegedly committed the offence which has caused trauma to the minor.

“On dates unknown but between the 20th January and 10th February 2026, Mr. Leeroy Phiri, an employee of Nkhwazi Primary School, confronted the minor, isolated her from her friends, directed her to the school hall, and demanded to kiss her.

“The said demand was unsolicited, unwelcome, and constituted an assault and an act of clear sexual undertones and subsequent injury against the minor,” the claim stated.

The claim was filed on behalf of the child by the “father” who complained that the school assumed the duty of care to ensure for the safety, security, and psychological well-being of the children, as the minor was under the supervision and control of the school and its employees. He contended that the school remains liable for the wrongful and tortious acts of Mr Phiri during the course and scope of his employment as a swimming trainer.

The family particular calls out the school head, Ms. Miyambo, for having instructed the minor to keep the matter a secret and explicitly cautioned her not to inform her parents, as well as failing to notify the parents of the incident immediately upon receipt of the report, thereby denying the minor timely parental support and professional psychological intervention.

The family pleads with the court for liability for the assault and psychological harm inflicted upon the child by the employee, while acting in the course of his employment including damages for negligence for breach of the common law duty of care owed to the minor child.

Other claims include K1, 000, 000 for exemplary damages, and K1, 000, 000 for aggravated damages as well as special damages in incurred costs for counselling, therapy and rehabilitation for the minor. Other claims include damages for breach of statutory duty contrary to the Children’s Code Act No. 12 of 2022, and in particular the duty to safeguard and promote the welfare of the child.

The school has been cited in particular for failing to provide a safe learning environment free from sexual misconduct by staff members, as well as failing to properly supervise or monitor the conduct of its employee towards female pupils.

“Despite the school management being aware of the incident for a period of three to four weeks, Nkhwazi School failed to remove the said employee from the school premises or suspend him from duties. “Allowing the employee to remain on duty and in close proximity to the minor for several weeks, thereby forcing the minor to endure daily contact with her abuser while carrying the burden of the secret alone,” they charged.

They accused the school of failing to take any steps to safeguard the child’s mental health or to arrange for immediate trauma counselling despite knowledge of the abuse, as well as prioritising the protection of the school’s reputation through a covert internal disciplinary process over the welfare, safety, and psychological well-being of the minor.