By Farai D Hove | A nine-year-old boy from Rutavo Village, Mwenezi, lost his life after drowning in a dam on January 15, 2025. Junior Lunga was sent home from Matando Primary School over unpaid fees, a decision that not only denied him his constitutional right to education but also set off a chain of events leading to his untimely death. Stripped of his dignity and dejected, Lunga stopped by a local dam on his way home, where he drowned while swimming—a heartbreaking culmination of negligence, poverty, and institutional insensitivity.

This case brings into sharp focus the intersection of legal, moral, and social issues: a child’s right to education, the responsibilities of schools to protect their students, and the broader societal obligations to safeguard vulnerable children. It is a story of dehumanization, systemic inequality, and the devastating cost of neglect, challenging both Zimbabwe and the international community to confront the hidden dangers of policies that prioritize financial concerns over a child’s life and dignity.
Violation of Zimbabwean Laws
1. The Right to Education (Constitution of Zimbabwe, 2013)
Section 75 of Zimbabwe’s Constitution enshrines the right to basic education, explicitly stating that every child is entitled to education regardless of circumstances. By sending Junior Lunga home for unpaid fees, Matando Primary School violated this constitutional guarantee. Schools, as public institutions, have a legal obligation to provide access to education and cannot prioritize financial considerations over a child’s rights.
2. Child Protection and Welfare (Children’s Act, Chapter 5:06)
Under the Children’s Act, the State has a duty to protect children from neglect, abuse, and situations that could endanger their lives. Sending a minor home alone due to unpaid fees, especially in rural areas with known hazards like water bodies, demonstrates negligence. The act of sending Lunga home exposed him to a foreseeable risk, culminating in his tragic death.
3. Negligence by Duty-Bearers
The decision by school authorities to send Lunga home without considering his safety falls under gross negligence. Zimbabwean tort law recognizes a duty of care owed by institutions to minors under their supervision. By failing to ensure Lunga’s safety, the school breached this duty, making it potentially liable for wrongful death claims.
Violations of International Legal Standards
1. United Nations Convention on the Rights of the Child (UNCRC)
Zimbabwe is a signatory to the UNCRC, which emphasizes the child’s right to education (Article 28) and protection from harm (Article 19). By sending Lunga home and exposing him to emotional distress and physical danger, the school failed to uphold these obligations, contravening the principles of the Convention.
2. International Covenant on Economic, Social and Cultural Rights (ICESCR)
Article 13 of the ICESCR affirms the right to free and compulsory primary education. Zimbabwe’s obligations under this covenant require it to ensure that no child is denied access to school due to financial barriers. Lunga’s exclusion for unpaid fees demonstrates a failure to meet this international standard.
3. Human Dignity and Non-Discrimination
The UNCRC also upholds the principle of non-discrimination (Article 2), requiring states to protect children from differential treatment. Sending Lunga home because of his family’s financial struggles not only dehumanized him but also reinforced systemic inequalities, violating his dignity and self-worth.
Legal and Ethical Considerations
1. Emotional and Psychological Harm
The humiliation and dejection Lunga experienced as a result of being sent home can be construed as a form of psychological abuse. The act of singling out children for unpaid fees fosters stigmatization, a practice that could amount to inhumane and degrading treatment prohibited under Zimbabwean and international human rights law.
2. State and Institutional Accountability
The State has a duty to regulate schools and ensure compliance with legal standards protecting children. The failure to enforce policies prohibiting the exclusion of children for unpaid fees points to systemic inadequacies. Furthermore, the Ministry of Primary and Secondary Education bears responsibility for ensuring that schools prioritize the welfare of students over financial considerations.
Recommendations
1. Policy Reform on School Fees
Zimbabwe must enforce stricter regulations prohibiting schools from sending children home for unpaid fees. Alternatives such as government subsidies or deferred payment plans should be explored to prevent similar tragedies.
2. Training and Awareness for Schools
Educational institutions must receive training on child rights and the legal implications of their actions. A clear protocol should be established to address situations involving unpaid fees without jeopardizing a child’s safety or dignity.
3. Legal Recourse for Families
Junior Lunga’s family has grounds to pursue legal action for negligence and violations of constitutional and statutory rights. Civil litigation could serve as a deterrent against future violations and push for systemic change.
4. Community and State Interventions
Greater efforts are needed to address poverty and systemic barriers to education in rural areas. This includes providing safe transport, ensuring water bodies are secure, and raising awareness about child safety.
The death of Junior Lunga is not just a personal tragedy but a symptom of broader systemic failures. It reflects the urgent need for Zimbabwe to uphold its legal obligations to protect children, both at home and in schools. By failing to safeguard Lunga’s rights to education, safety, and dignity, the school and the State have violated fundamental legal principles. Moving forward, the nation must prioritize legal and policy reforms to ensure no child is subjected to such preventable harm again.