... disputes ACM’s claim of sole ownership of Saim High

MBABANE – Zephaniah Nkambule has dismissed the allegations made by Pastor Kim that Saim High School is solely owned by ACM.

He told the court that the school was established as a community school and Africa Continent Mission (ACM) was only requested to assist with the construction and management of the school. According to Nkambule, the memorandum of agreement only referred to a ‘proposed’ establishment of a school and there was no final document which formed the basis of the applicant’s (ACM) claim with regard to the school.

“I agree that the school was founded on Christian values but, however, dispute that it was established as a mission school. The school was to be a community school as per the request of Mahwalala residents,” Nkambule argued. He further highlighted that the community of Mahwalala provided the land for free because the anticipation was that the school was being built for it. It was further his contention that the applicant had been provided with free land to build its church and as part of its contribution to the community, ACM offered to assist with the construction of a community school.

Selfish

According to Nkambule, ACM became selfish and wanted to privatise the school in order to maximise its income.

“In this regard, the school fees payable are highly exorbitant as a result very few residents of Mahwalala can afford to enroll their children at this school,” contended the respondent (Nkambule).

Nkambule further submitted that the cause of the conflict was that Pastor Kim had been influential in seeking to have the current Head teacher, Stanley Mdluli, transferred to another school. He said as members of the school committee and residents of the area, they objected to the current head teacher being transferred at whim and demands of ACM.

He told the court that this had created instability and negatively affected the performance of the school.

“The 99-year lease referred herein could not have been possible had the community not offered to have the land given to the applicant. The possession of the land was with the community and was only made available to the applicant because the idea was that the proposed school would assist the community,” averred Nkambule.

Transfer

It was further his submission that the involvement of Pastor Kim in the transfer of the current head teacher of the school had not been honestly canvassed herein.

He pointed out that ACM would for instance, second members of the church to the school only to find that they were not compliant with the requirements of the Ministry of Education and Training.

“The head teacher then finds himself caught between a hard place and a rock in that he must comply with the ministry’s requirements while ACM has its own demands, which are inconsistent with those of the ministry,” he argued.

He said this was the cause of the conflict which had resulted in the present impasse. Nkambule said the allegations by Pastor Kim that the current head teacher advocated for the change of the school from being a mission school to a private or community school were devoid of the truth.

“The school was established as a community school and established through collaboration between the community and ACM. None of the parties can claim sole ownership of the school,” submitted Nkambule.

The matter is still pending at the High Court and the respondents are opposing the application.