A THIRTEEN-year-old pupil in Sinazongwe has died after being allegedly beaten by her class monitor following a dispute which arose after the deceased was recorded as a noise maker.
Hazel Hamanyama, 13, a Grade Seven pupil of Malima Primary School, fell on the ground and died on the spot after fighting with Conastia Mweebo, 14, who was a classmate.
Southern Province Police chief, Mary Chikwanda, said the incident happened on Monday around 12:30 hours shortly after the pupils came out of their classroom during knocking off hour.
Ms Chikwanda, who confirmed the incident said, the fight started when the deceased allegedly confronted her class monitor to enquire why her name was recorded as a noise maker in class.
She said in an interview yesterday that, after Conastia recorded Hazel’s name as a noise maker, she then, presented it to the class teacher for further action.
Ms Chikwanda said that when the pupils came of out class, Hazel allegedly approached Conastia and in the process the two entered into a fight.
“When they came out of the class, the deceased asked the class monitor why she recorded her as a noise maker and that is how the two began to fight, and Conastia (allegedly) pushed Hazel who, in the process, fell and died,” she said.
Ms Chikwanda said no physical injuries were seen on the deceased’s body and that police have arrested Conastia while investigations were underway.
She said the body was lying in Maamba Mission Hospital awaiting post-mortem while funeral for the deceased was held in Malima’s Chikumbe Village.
In another development, a 37-year-old man of Livingstone died on the spot on Tuesday after the vehicle he was driving careered off the Choma-Kalomo road and overturned.
Ms Chikwanda named the deceased as Evans Mangongino, who died after suffering injuries around 04:00 hours about 40 kilometres north of Kalomo town.
Mr Mangongino, who was driving a Nissan Van with registration number ALF 6026 allegedly failed to negotiate a curve due to excessive speed and he careered off the road and overturned.
She said the vehicle was believed to belong to Zambia Postal Services adding that the body of the deceased was lying in Kalomo Hospital Mortuary.
Eggshell Skull Principle:
one liable for all consequences resulting from his or her negligent activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition)
Please max don’t confuse tort and criminal principles. This case will be dealt under criminal spheres. Dealing officers will look at the circumstances which led to the death of the juvenile. We can’t talk of negligence. Let’s not confuse people
The doctrine is applied in all areas of torts – intentional torts, negligence, and strict liability cases – as well as in criminal law. There is no requirement of physical contact with the victim – if a trespasser’s wrongful presence on the victim’s property so terrifies the victim that he has a fatal heart attack, the trespasser will be liable for the damages stemming from his original tort. The foundation for this rule is based primarily on policy grounds. The courts do not want the defendant or accused to rely on the victim’s own vulnerability to avoid liability.
Max millian, you are right the rule is applied in tort and criminal cases involving a plaintiff in a vulnerable, weakened state or suffering from a medical condition. A rebuttal to the eggshell skull rule is the crumbling skull rule. This rule argues that the harm suffered by the victim was inevitable and the defendant’s acts only had a minimal effect upon the already deteriorating circumstances.
@Max, all what you writing is not useful in Southern Province.
It is a traditional case.
1. The accused:
– The of the monitor will be tormented… and they will start dying too. – They have to pay uncountable number of cows, only HH can help.
– The poor girls has lost her self esteem at age of 14. Too early too lose hope, she has to relocate from the village, what a nighmere for her.
2. The decessed:
– May her humble-young rest in peace. Please take out of mortuary and give her a state funeral. She was just fighting for her rights.
sad indeed,MHRIP
Does it mean that teachers still beat noise makers. I have never like this concept of monitors through out my school life as it unnecessarily uplift the status of some pupils in school when we all the same. That is why pupils wear uniform so that they are all the same. No one should be more pupil than others. Animal farm at school. The question is:
1. where was the teacher when pupils were making noise?
2. What happens to noise makers whose names are submitted by a class monitor?
3. Is this a culture in most schools?
4. How do teachers prove that the list given to them is for genuine noise makers and not based on jealous and pomposity of class monitors?
5. Who monitors the class monitors and who writes their names down when they make noise? I know they do make noise. Answers please!
@Mafuta
Answers to your Questions:
1. the Teacher was teaching in another class. she has 3-4 classes to attend to at the same time.
2. menial work eg cleaning the surrouding
3. Yes. especially government school
4. Monitors are usually respected by fellow pupils. they usally have a sense of responsibility even when unsupervised
5. under normal situations there are 2 monitors in class & they both cant be useless at the same time.
Happy now????
The term implies that if a person had a skull as delicate as that of the shell of an egg, and a tortfeasor who was unaware of the condition injured that person’s head, causing the skull unexpectedly to break, the defendant would be held liable for all damages resulting from the wrongful contact, even if the tortfeasor did not intend to cause such a severe injury.
….such incidences serves as a good reminder to all of us that we are all potential ‘prisoners’ no matter how holy one is…….
All always wonder why people die. But to my realisation,its the end of time my Brothers and Sister. Most of this thing are exactly the things the Messiah tells as in the holy book(bible) that the end ot time you will see
such things happen. You will hear of a lot of an curable diseases (ibola,HIV),wars(somaria,siria),earth queacks (japan) hanger(sera_reon).kings against
( Lesthoso) family against family(Hezel’s and Conastia’). But at the end of it all,all we need to do is repent. My deepest condolences to the family of the deceased.
My piece be upon you all.
But mwachilemba chizungu ba Patrick zoona…
Anyway MHSRIEP, until we meet again, God help us all
I was the biggest noise maker in class and Horward Kunda(MP) was my monitor, but he could spell my name and I use to help him with his home work, That’s how come I was never on the list.
Too bad. It was just an accident. It’s a normal thing for school pupils to fight sometimes. I remember engaging in a number of fights when I was a pupil somewhere in Lusaka. MHSRIP.
Sorry guys rest in peace
the bible says:when Godly tim com,one’s picked while the other one remains.to us its strange coz we only managed to be expectant for her birth not death.though all are godly plans.MHSRIP
God did plan any death. he just warned Adam & Eve of pending death if they disobeyed
Classic case of “icikulu pa kaice”. While we sometimes think knocks on younger people makes them strong, anything inflicted from an external source is always potentially fatal. I am sorry to read this article because these are things that must not happen at all.
I remember when I was in elementary Sacramento,they called me the ‘African’even black Americans called me names.My best friend was an Asian Chinese student who they called Bruce lee.Everyday in school was a nightmare.Blackamericans are the most racist people you can meet in the US.Oneday,kid came to school armed with a 45.He killed a bully.I will never forget that crime scene.A bully’s brain sprayed on the floor.The point I am trying to make is that school fights are fueled by old grudges and teachers must not be catalysts to such situations.This issue of noting down noise makers or trouble students is old and should not practiced!
I can imagine if my name ever made it on the list of noise makers at Dambwa Primary School or Linda Secondary? Thank God I was a well behaved boy
I ALSO HAD A NEAR MISS. I BEAT UP CHI GELO UKUCHIFENTESHA WHEN I WAS THE CLASS MONITOR IN GRADE SEVEN AFTER SHE ATTACKED ME FOR WRITING HER AS A NOISE MAKER .WE FOUGHT MERCILESSLY. AND OUR CLASSMATE WERE JUST STANDING ASIDE CHEERING ATI CHIPAYE NOLAMWINA…NALICUMA MAKAAMBA KAJIM DRESS KA GREEN UKULEPAUKA…NIKA (PANTI) YASHELE FYE PAMBILIBILI BAKAAMBA…ELO CHALI CHIKULU NA MA BEBELE AYA KULU, NANGU ATI FIVE YEARS OLDER THAN ME….SHE WAS A REPEATER NINSHI CHALI WAWA PAGRADE 7…I STILL REMEBER SUCH FIGHTS ESPECIALLY INVOLVING ME COZ I SAVED FROM GRADE FOUR TO 7 AS A MONITOR… FIMO FYA LENGUMA …….STILL
You are just missing school days because you were being given free food by your parents; now it’s your turn to provide for your home