Q&A – 24 December 2018

Suing school and teacher

I went to a school that promised that I would get good results and get into top universities. Neither happened. My grades are disgraceful and the universities I got are not the best. Can I sue the school? Can I get my fees back?
PU, Dar

Generally speaking, to sue a school for educational malpractice, the suit must be based on principles of professional negligence that would apply in legal and medical malpractice cases. To win such a case one must prove that the defendant owed the plaintiff a duty of care, that there was a breach of such a duty and this caused the plaintiff harm and she/he suffered damages because of this.

Unfortunately, there has not been such a case in Tanzania and we resorted to researching for such cases from around the world.

In our research we found that in such educational malpractice cases, plaintiff’s generally argue that schools breached their duty to provide students with an adequate education in basic academic skills, that schools misled students into believing that their skills were at the appropriate grade level, or that the schools didn’t properly test children or place them in the right program or class.

Some examples that we came across of unsuccessful claims by students about their schools’ failures include a high school graduate argued that the school didn’t give him adequate teaching and promoted him through graduation even though he couldn’t understand written English well enough to complete a job application (Donahue v. Capiague Union Free School Dist.); a mother claimed that the school system ignored her concerns about her daughter’s reading skills and inappropriately placed the child in a special education class. (McGovern v. Nassau County Dept. of Social; a college basketball player accused a university of failing to provide an atmosphere for learning by scheduling practices that interfered with his tutoring schedule and requiring him to enroll in easy courses in order to keep his academic eligibility (Jackson v. Drake University); a law student claimed that his constitutional law professor regularly came late to class, ended classes early, or canceled them entirely, without providing make-up classes (Bittle v. Oklahoma City University).

Courts are not normally inclined to rule in favour of those suing in educational malpractice suits for a number of reasons including (a) that from a practical angle, it is difficult to come up with a uniform standard of care for providing an adequate education given the wide range of educational theories; (b) it may be practically impossible to prove that the teachers or school were responsible for a student’s academic shortfalls, because so many other factors may play an important role in learning, including the student’s home environment, attitude, and motivation. Basically it is impossible to entirely blame the school alone; (c) on a policy level, Courts have expressed a concern that unleashing a flood of educational malpractice lawsuits could place a serious burden on schools, especially financially strapped public schools; (d) and finally, judges are reluctant to get involved in telling schools how to do their job – particularly in the college or university setting, where academic freedom is highly valued.

Hence before suing the school you will need to take the above into account and your lawyer will have to consider all the facts. The same applies to suing your teacher. We wish you all the best.

Recruitment of unfit officer

Is there no minimum standard when the police force is recruiting officers. One of my friends who is totally unfit physically and weighs over 180 kgs has been recruited. My other question is why do police officers behave so rudely, and is it necessary for a police officer to carry a gun when escorting a prisoner?
ED, Mtwara

Police General Orders (PGOs) dictate police behavior in general. The procedure used for recruitment of police officers is prescribed under the Police General Orders whereby reference is made to the age, education, physical fitness and criminal record.

It is true that an unfit police officer will be able to do little good on the streets, but you must realize not all police officers are on the field. Some of the current heads of police are even heavier and remain in the forces because they are involved mainly in desk work and strategy. Your friend might be recruited because of his expertise in a particular area, and before you complain to anyone, you should check.

The PGO also states that a police officer whether on or off duty is required to be courteous to the public and if a police officer is not courteous or is rude to any member of the public, action can be taken against him.

Furthermore, under the PGO, police officers escorting prisoners are expected to carry guns and they are also responsible for conveying the prisoners by police transport.

Wedding photo in paper

I am a big shot and got married in a lavish wedding. During the wedding, some photographers sneaked in and took my photos. I appeared in all the major papers and my girlfriend is now furious about my marriage to this new woman. Can you help me? Can I sue the papers?
KG, Dar

We are unsure what help you need from us. What we are confused about is that you got married and have retained a girlfriend meaning that you are engaged in an adulterous relationship outside of marriage. Notwithstanding that you are a ‘big shot’ and in case you didn’t know, adultery is a ground of divorce and it is not your girlfriend who should be getting upset but your wife. You should remember your wedding vows and likely need the services of a marriage counselor not lawyers.

As for the photographers, with the limited information we have about you, we are unsure whether you have been defamed or your privacy has been breached. It seems that your major concern is that your girlfriend is unhappy with your marriage which doesn’t really give you a cause of action against the newspapers.

You also claim to be a big shot and if you are as ‘big a shot’ as you think, it may also be hard for you to sue the paper for defamation. Big shots are in the public domain and should expect such happenings. We suggest you contact both a marriage counsellor and perhaps a priest. You need to truly understand what it means to be married. Lawyers might not be the most useful but you can try them as well.