Laws.

Africa Legislation Commons

Zimbabwe

Education Act
Chapter 25:04

Legislation as at 6 March 2020

FRBR URI: /akn/zw/act/1987/5/eng@2020-03-06

There may have been updates since this file was created.

PDF created on 9 August 2022 at 15:37.

Collection last checked for updates: 31 December 2017.

Check for updates

About this collection

The legislation in this collection has been reproduced as it was originally printed in the Government Gazette, with
improved formatting and with minor typographical errors corrected. All amendments have been applied directly to
the text and annotated. A scan of the original gazette of each piece of legislation (including amendments) is available
for reference.

This is a free download from the Laws.Africa Legislation Commons, a collection of African legislation that is digitised
by Laws.Africa and made available for free.

www.laws.africa
[email protected]

There is no copyright on the legislative content of this document.

This PDF copy is licensed under a Creative Commons Attribution 4.0 License (CC BY 4.0). Share widely and freely.

i
Education Act
Contents
Part I – Preliminary ............................................................................................................................................................................................ 1

1. Short title .................................................................................................................................................................................................... 1

2. Interpretation ............................................................................................................................................................................................. 1

3. Application .................................................................................................................................................................................................. 3

Part II – Fundamental rights and objectives of education in Zimbabwe ........................................................................................ 3

4. Children’s fundamental right to education in Zimbabwe .......................................................................................................... 3

5. Compulsory education ............................................................................................................................................................................ 4

6. Minimum fees for education ................................................................................................................................................................ 4

7. General function of Minister ................................................................................................................................................................ 4

8. General duty of local authorities ....................................................................................................................................................... 5

Part III – Classification of schools and right of access to school education ................................................................................. 5

9. Classification of schools ........................................................................................................................................................................ 5

10. Enrolment at schools ........................................................................................................................................................................... 5

11. *** ................................................................................................................................................................................................................. 6

Part IV – Government schools ........................................................................................................................................................................ 6

12. Establishment, maintenance and closure of Government schools and hostels .............................................................. 6

13. Prescribing of fees at Government schools ................................................................................................................................. 6

14. Establishment of general purpose funds ...................................................................................................................................... 6

Part V – Non-Government schools ............................................................................................................................................................... 7

15. Registration of non-Government schools ..................................................................................................................................... 7

16. Recommendations by Secretary in the national interest ........................................................................................................ 8

17. Cancellation of provisional registration or registration ........................................................................................................... 8

18. Appeals in relation to registration of schools ............................................................................................................................ 8

19. Certificate of registration or provisional registration ............................................................................................................... 9

20. Premises on which schools may be operated ............................................................................................................................ 9

21. Fees and levies payable at non-Government schools ............................................................................................................. 9

22. Appeals in relation to fees .............................................................................................................................................................. 11

23. Keeping of records and provision of information ................................................................................................................... 11

Part VI – Other Government educational facilities .............................................................................................................................. 11

24. Other Government educational institutions .............................................................................................................................. 11

25. Adult education ................................................................................................................................................................................... 11

26. Prescribing of fees for other Government educational facilities ....................................................................................... 12

Part VII – Nursery schools ............................................................................................................................................................................. 12

27. Regulation of nursery schools ........................................................................................................................................................ 12

ii
Part VIII – National Education Advisory Board and provincial education advisory boards .................................................... 12

28. Establishment and functions of Board ........................................................................................................................................ 12

29. Membership of Board ........................................................................................................................................................................ 12

30. Disqualifications for membership of Board ............................................................................................................................... 13

31. Terms and conditions of office of members of Board ........................................................................................................... 13

32. Vacation of office by members and filling of vacancies ....................................................................................................... 13

33. Meetings and procedure of Board ................................................................................................................................................ 14

34. Provincial education advisory boards .......................................................................................................................................... 14

Part IX – Financial provisions ...................................................................................................................................................................... 15

35. Grants to schools, colleges, etc. .................................................................................................................................................... 15

36. School Parents Assembly and School Development Committee ....................................................................................... 16

37. Expenses of administration, etc. .................................................................................................................................................... 16

38. Fees and levies to be paid into School Services Fund ......................................................................................................... 16

Part X – Correspondence and independent colleges .......................................................................................................................... 17

39. Interpretation and application of this Part ............................................................................................................................... 17

40. Registrar of Correspondence and Independent Colleges ...................................................................................................... 17

41. Functions of Registrar ....................................................................................................................................................................... 17

42. Prohibition of unregistered correspondence colleges and independent colleges and certain advertisements
............................................................................................................................................................................................................................. 17

43. Registration of correspondence colleges and independent colleges ............................................................................... 18

44. Annual registration and guarantee fund fee ............................................................................................................................ 19

45. Correspondence Colleges Guarantee Fund ................................................................................................................................ 19

46. Independent Colleges Guarantee Fund ....................................................................................................................................... 19

47. Accounts and audit of funds ........................................................................................................................................................... 20

48. Variation of scope of registration otherwise than at request of correspondence college or independent college
............................................................................................................................................................................................................................. 20

49. Variation of scope of registration at request of correspondence college or independent college ......................... 20

50. Cancellation of registration ............................................................................................................................................................. 20

51. Appeals against decision of secretary ......................................................................................................................................... 21

52. Registered correspondence college or independent college to have principal office in zimbabwe ...................... 22

53. Formation of advisory council ........................................................................................................................................................ 22

54. Tuition by independent colleges ................................................................................................................................................... 22

Part XI – Conditions of service of teachers ............................................................................................................................................ 22

55. *** .............................................................................................................................................................................................................. 22

56. *** .............................................................................................................................................................................................................. 22

57. *** ............................................................................................................................................................................................................... 22

iii
 58. *** .............................................................................................................................................................................................................. 22

59. Minimum qualifications of teachers ............................................................................................................................................. 22

60. Discipline of teachers who are not members of Public Service ........................................................................................ 23

61. Any teacher may apply to join Public Service ......................................................................................................................... 23

Part XII – General ............................................................................................................................................................................................. 23

62. Languages to be taught in schools .............................................................................................................................................. 23

63. Curricula and examinations ............................................................................................................................................................ 24

64. Health in schools ................................................................................................................................................................................ 24

65. Delegation of functions by Secretary .......................................................................................................................................... 25

66. Powers of officials to enter premises of registered schools, colleges and other educational institutions ........... 25

67. Continuing offences ............................................................................................................................................................................ 26

68. Recognition of associations of teachers ..................................................................................................................................... 26

68A. Pupil discipline .................................................................................................................................................................................. 26

68B. Pupil with disability ........................................................................................................................................................................ 26

68C. Non exclusion of pupils from school ........................................................................................................................................ 27

69. Regulations ............................................................................................................................................................................................ 27

70. Savings .................................................................................................................................................................................................... 28

iv
Education Act Zimbabwe

Zimbabwe

Education Act
Chapter 25:04
Commenced on 8 June 1987

[This is the version of this document from 6 March 2020.]

[Amended by Education Amendment Act, 2019 (Act 15 of 2019) on 6 March 2020]

[Act 5/1987, 26/1991, 24/1994 (s. 70), 19/1998 (s. 15), 22/2001 (s. 4), 2/2006, 2/2008. SI 159A/2007]

ACT to provide for the declaration of the fundamental rights to, and objectives of, education in
Zimbabwe; to provide for the establishment, maintenance and regulation of Government schools and
other Government educational facilities; to provide for the establishment and administration of non-
Government schools, and for the registration and control thereof; to provide for the registration and
control of correspondence colleges and independent colleges and for the establishment of an advisory
council for such colleges; to make financial provision for schools; to provide for the transfer of teachers
to the Public Service; and to provide for matters connected with or incidental to the foregoing.

[long title amended by Act 2 of 2006]

Part I – Preliminary

1. Short title
This Act may be cited as the Education Act [Chapter 25:04].

2. Interpretation
In this Act—

“adult basic education” means any educational training for a person beyond the age of a child of school-
going age;

[definition of “adult basic education” inserted by section 2(a) of Act 15 of 2019]

“adult education” means any educational training which the Minister considers suitable for persons
beyond the age of sixteen years to develop them into useful adult members of society;

“association" means an organised body of teachers established in terms of section sixty-eight;

[definition inserted by Act 2 of 2006]

“basic education” means education from early childhood education up to the fourth form and any other
category as may be declared as such by the Minister by Notice in the Gazette from time to time;

[definition of “basic education” inserted by section 2(a) of Act 15 of 2019]

“basic state funded education” means

(a) education from early childhood education up to form four; or

(b) adult education up to form four; or

(c) any other category as may be declared as such by the Minister by notice in the Gazette from time to
time:

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1
Education Act Zimbabwe

for which pupils shall not be required to pay fees or levies and the State shall provide them with learning
and teaching material, facilities, infrastructure and resources subject to the provisions of section 75 of
the Constitution;

[definition of “basic state funded education” inserted by section 2(a) of Act 15 of 2019]

“Board” means the National Education Advisory Board established in terms of section twenty-eight;

“child of school-going age” means a child of an age within such limits as may be prescribed;

“Early Childhood Development” means the physical, mental and social development of children
between the ages of four and five years;

[definition of “Early Childhood Development” inserted by section 2(b) of Act 15 of 2019]

“fixed date” [definition repealed by Act 2 of 2006]

“formal education” means education conducted in terms of the curriculum and procedures determined
by the Secretary in accordance with the provisions of section 63;

[definition of “formal education” inserted by section 2(a) of Act 15 of 2019]

“further education” means education from Advanced Level and all studies above that including
vocational training, degree and diploma programmes across all subject disciplines;

[definition of “further education” inserted by section 2(a) of Act 15 of 2019]

“Government school” means a school administered and controlled by the national Government, local
authority or any tier of Government as established in section 5 of the Constitution;

[definition of “Government school” inserted by section 2(a) of Act 15 of 2019]

“hostel”, in relation to a school, means any building used for the boarding accommodation of pupils or
students attending such school;

“Minister” means the Minister of Education or any other Minister to whom the President may, from time
to time, assign the administration of this Act, and “Ministry” shall be construed accordingly;

“non-formal education” means educational instructions received by persons who are not in the formal
education system including adult education;

[definition of “non-formal education” inserted by section 2(a) of Act 15 of 2019]

“non-Government school” means any school which is not a Government school, whether or not it
receives aid from the State;

“nursery school” [definition repealed by Act 2 of 2006]

“parent”, in relation to a pupil or child, includes a guardian or any other person who has the duty to
maintain the pupil or child;

“pre-school" [definition inserted by Act 2 of 2006 and repealed by section 2(b) of Act 15 of 2019];

“registered”, in relation to a school, means registered or provisionally registered in terms of section

fifteen;

“responsible authority”, in relation to or a school, means the person, body or organization responsible
for the establishment and management of the school;

“school” means a pre-school, primary school or secondary school;

[definition inserted by Act 2 of 2006]

“school development committee” means a school development committee established in terms of

section thirty-six;

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2
Education Act Zimbabwe

“school education” [definition repealed by Act 2 of 2006]

“school year” means the period of twelve months ending on the 31st December of each year;

“Secretary” means the Secretary of the Ministry for which the Minister is responsible;

“School Parents Assembly" means a School Parents Assembly established in terms of section thirty-six;

[definition inserted by Act 2 of 2006]

“special needs education” means specially designed instructional arrangements which are designed to
meet the unique needs of pupils with disability;

[definition of “special needs education” inserted by section 2(a) of Act 15 of 2019]

“teacher” includes a head of a school;

“term” means any one of the periods into which the teaching school year is divided.

3. Application

(1) This Act shall apply to all Government and non-Government schools, and Correspondence and
Independent Colleges.

[subsection substituted by Act 2 of 2006]

(2) The Minister may, at the written request of the responsible authority of any school, and subject
to such conditions as he may specify by statutory instrument, exempt such school from all or any
provisions of this Act that would otherwise apply to such school, and may, by like notice, vary or
revoke such exemption.

Part II – Fundamental rights and objectives of education in Zimbabwe

4. Children’s fundamental right to education in Zimbabwe

(1) Notwithstanding anything to the contrary contained in any other enactment, but subject to this
Act, every child in Zimbabwe shall have the right to school education.

(1a) The State shall ensure the provision of sanitary ware and other menstrual health facilities to girls
in all schools to promote menstrual health.

[subsection (1a) inserted by section 3(a) of Act 15 of 2019]

(2) Subject to subsection (5), no child in Zimbabwe shall—

(a) be refused admission to any school; or

(b) be discriminated against by the imposition of onerous terms and conditions in regard to his
or her admission to, suspended, excluded or expelled from any school on the grounds of his
or her nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class
religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status,
age, pregnancy, disability or economic or social status, or whether they were born in or out
of wedlock.

[subsection (2) as substituted by section 15 of Act 19 of 1998 and by section 3(b) of Act 15 of
2019]

(3) For the purposes of subsection (2), a term or condition shall be deemed to be onerous if it requires
the child upon whom it is imposed or the child’s parent—

(a) to do anything; or

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3
Education Act Zimbabwe

(b) to possess some quality, attribute, asset or property;

which is not required to be done or possessed by children or parents, as the case may be, of a
different race, tribe, place of origin, national or ethnic origin, political opinion, colour, creed or
gender.

[subsection inserted by section 15 of Act 19 of 1998]

(4) Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not
exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and
such imprisonment.

[subsection inserted by section 15 of Act 19 of 1998 and by section 4 of Act 22 of 2001]

(5) It shall be a defence in any criminal proceedings for an offence under subsection (2) for the
accused person to show that, though he committed the act alleged against him-

(a) he committed the act on the grounds of the creed of the child against whom the act was
committed, but he did so because the school concerned is controlled by a bona fide religious
organization and members of that religious organization or adherents of a particular
religious belief are accorded preference in admission to that school; or

(b) he committed the act on the grounds of the gender of the child against whom the act was
committed, but—

(i) the act was reasonably justified in view of physiological differences between children
of different gender; or

(ii) the act was reasonably necessary in the interests of defence, public safety or public
morality; or

(iii) the act was reasonably justified because the school concerned was reserved for
the admission of children of one gender and the child against whom the act was
committed is of the other gender.
[subsection inserted by section 15 of Act 19 of 1998]

5. Compulsory education

(1) Every child shall be entitled to compulsory basic state funded education.

(2) Any parent who deprives their child the right to basic state funded education shall be guilty of an
offence and liable to a fine not exceeding level 6 or to imprisonment for a period not exceeding two
years.

[section 5 substituted by section 4 of Act 15 of 2019]

6. Minimum fees for education

It is the objective that tuition in schools in Zimbabwe be provided for the lowest possible fees consistent
with the maintenance of high standards of education, and the Minister shall encourage the attainment of
this objective by every appropriate means, including the making of grants and other subsidies to schools.

7. General function of Minister

Subject to this Act, the Minister shall promote and enhance the education of the people of Zimbabwe
and the progressive development of institutions devoted to that purpose and the Minister shall secure
the provision of a varied, comprehensive and constantly developing educational service throughout
Zimbabwe.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4
Education Act Zimbabwe

8. General duty of local authorities

(1) For the purpose of ensuring a fair and equitable provision of primary and secondary education
throughout Zimbabwe every local authority shall endeavour to establish and maintain such
primary and secondary schools as may be necessary for all children in the area under its
jurisdiction.

(2) Every local authority in Zimbabwe shall provide land for school infrastructure.

[subsection (2) added by section 5 of Act 15 of 2019]

[section amended by Act 2 of 2006]

Part III – Classification of schools and right of access to school education

9. Classification of schools

(1) Schools in Zimbabwe shall be classified—

(a) as either Government schools or non-Government schools; and

(b) in such other categories as the Minister may determine, taking into account the social and
economic standards of the communities in which the schools concerned are situated.

(2) The Minister may at any time—

(a) amend or vary any category into which schools are classified in terms of paragraph (b) of
subsection (1); or

(b) reclassify any school that has been classified in terms of subsection (1).

10. Enrolment at schools

(1) In this section “school” means government school.

(2) Every child of school going age shall be entitled to be enrolled at the primary or secondary school,
as the case may be, nearest to the place where he or she is ordinarily resident, unless such primary
or secondary school is fully enrolled.

(3) Where the primary or secondary school at which a child of school going age has sought enrolment
in terms of subsection (2) is unable to enrol the child because the school is fully enrolled, the head
of that school shall forthwith issue to the child a certificate in writing certifying that fact:

Provided that—

(i) the head of the school shall not issue such certificate where it is apparent that the
enrolment of such child at the next nearest school is impossible due to the inaccessibility of
such nearest school;

(ii) the head of the school who has not issued a certificate in terms of paragraph (i) shall enrol
the child.

(4) Where a child who has been issued with a certificate in terms of subsection (3) applies for
enrolment at the next nearest school and produces such certificate, it shall be prima facie evidence
of the facts stated therein.

[section 10 amended by Act 2 of 2006 and substituted by section 6 of Act 15 of 2019]

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5
Education Act Zimbabwe

11. ***
[section 11 repealed by section 7 of Act 15 of 2019]

Part IV – Government schools

12. Establishment, maintenance and closure of Government schools and hostels

(1) The Minister may establish and maintain such schools, hostels, and other buildings as he may
consider necessary or desirable for educational purposes including the accommodation of teachers.

(2) The Minister may, if he considers it appropriate for the purpose of discharging his functions in
terms of subsection (1), close or change the site of any Government school or Government hostel.

13. Prescribing of fees at Government schools

(1) The Minister shall, in consultation with the Minister responsible for finance, from time to time
prescribe the fees which shall be payable for—

(a) instruction at Government schools; and

(b) accommodation at Government hostels, and may prescribe different fees for
accommodation at different Government hostels.

(2) Without derogation from section twenty-one of the Interpretation Act [Chapter 1:01], in the
performance of his functions in terms of subsection (1), the Minister may prescribe additional fees
for instruction in special subjects or special educational courses.

(3) Except as may be prescribed by the Minister, no rebate, refund or remission, whether in whole or in
part, of fees payable in terms of this section shall be granted:

Provided that the Secretary may authorize—

(a) a rebate or refund, as the case may be, of the whole or part of such fees where the pupil in
respect of whom the fees are payable does not attend the Government school for the whole
period to which the fees relate; or

(b) a refund of any overpayment of any such fees.

(4) In prescribing fees in terms of subsection (1) the Minister shall take into consideration the location
and status of school.

[subsection (4) substituted by section 8 of Act 15 of 2019]

(5) A direction by the Secretary in terms of subsection (4) that a pupil be admitted to a Government
school despite the fact that any fees payable in terms of this section or section fourteen have not
been paid, shall not affect the parent's liability to pay such fees.

14. Establishment of general purpose funds

(1) The head of a Government school shall establish for that school a general purpose fund in aid
of such extracurricular activities and facilities, having as their objects the cultural, physical and
intellectual welfare of the pupils in attendance, as may be prescribed.

(2) The control and administration of general purpose funds shall be subject to such conditions as
may be prescribed.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6
Education Act Zimbabwe

(3) The Secretary may, from time to time, fix the fees which shall be payable into the general purpose
fund established for a Government school in respect of pupils attending that school.

(4) In the exercise of the powers conferred upon him by subsection (3), the Secretary may fix different
fees for different Government schools or different categories of pupils attending such schools.

(5) Notwithstanding anything to the contrary contained in the Audit and Exchequer Act[Chapter
22:03]—

(a) fees paid in accordance with this section for the benefit of a general purpose fund
established for a Government school shall; and

(b) any moneys donated to the general purpose fund established for a Government school, or
received by the head of a Government school for the purposes specified in subsection (1),
shall; and

(c) contributions made by pupils of a Government school towards the cost of purchasing
materials for practical subjects may; and

(d) moneys received on account of the sale of articles made at a Government school from
materials provided at the expense of the State;
shall be paid into the general purpose fund established for that Government school.

Part V – Non-Government schools

15. Registration of non-Government schools

(1) No person shall establish and maintain a school other than a Government school, unless it is
registered.

(2) Any responsible authority wishing to establish and maintain a school referred to in subsection
(1) shall make an application to the Secretary in the prescribed form for the registration of such
school, accompanied by such documents as may be prescribed.

(3) Upon receipt of an application in terms of subsection (2), the Secretary shall make such inquiries
as he considers necessary in order to determine the application.

(4) If in respect of an application referred to in subsection (2) the Secretary is satisfied that—

(a) the school premises, including any hostel or other buildings to be used in connection
with the instruction or accommodation of the pupils attending the school, are suitable or
adequate for the purpose, having regard to the number, ages and sex of the pupils; and

(b) efficient and suitable instruction will be provided at the school, having regard to the
number, ages and sex of the pupils attending the school; and

(c) the qualifications and experience of the proposed teachers are adequate to ensure
satisfactory instruction of the pupils attending the school; and

(d) adequate financial provision has been made for the proper maintenance of the school; and

(e) the proposed equipment to be used by the school will allow satisfactory tuition in the
subjects to be given at the school;
he shall grant the application and register the school.

(5) If in respect of an application referred to in subsection (2) the Secretary is not satisfied as to any
matter referred to in paragraph (a), (b), (c), (d) or (e) of subsection (4), he may—

(a) reject the application; or

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7
Education Act Zimbabwe

(b) grant the application and register the school provisionally on condition that the responsible
authority, within such reasonable period as he may fix, complies to his satisfaction with
such requirements regarding any matter referred to in paragraph (a), (b), (c), (d) or (e) of
subsection (4) as he may specify;
and shall notify the responsible authority accordingly.

(6) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level six.

[subsection amended by section 4 of Act 22 of 2001]

(7) Every school other than a government or local authority school or non-profit making faith-based
school shall pay a registration and an annual fee as may be prescribed from time to time by the
Minister.

[subsection (7) inserted by section 9 of Act 15 of 2019]

(8) Any person or responsible authority who operates a school other than a government or local
authority school or non-profit making faith based school without paying the registration and
annual fees as prescribed in subsection (7) shall be guilty of an offence and liable to a fine not
exceeding level 6 or to imprisonment for a period not exceeding two years.

[subsection (8) inserted by section 9 of Act 15 of 2019]

16. Recommendations by Secretary in the national interest

Where the Secretary is of the opinion that adequate educational facilities already exist in the area in
which an applicant proposes to establish a school, the Secretary shall advise the applicant in writing to
that effect, and may recommend that the school be established in some other suitable area.

17. Cancellation of provisional registration or registration

(1) If the responsible authority of a school which has been provisionally registered in terms of
paragraph (b) of subsection (5) of section fifteen fails within the period fixed by the Secretary,
or within any extension of such period granted by him, to comply to his satisfaction with
the requirements specified by him in terms of that paragraph, the Secretary shall cancel the
provisional registration of the school and notify the responsible authority accordingly.

(2) If at any time the Secretary is not satisfied in relation to any registered school as to any matter
referred to in paragraph (a), (b), (c), (d) or (e) of subsection (4) of section fifteen, he shall notify
the responsible authority of that school in writing that he proposes to cancel the registration of
the school, unless within a reasonable period fixed by him, or within any extension of such period
as may be granted by him the responsible authority complies to the satisfaction of the Secretary
with such requirements as to any matter referred to in paragraph (a), (b), (c), (d) or (e) of that
subsection as he may specify.

(4) If the responsible authority of a registered school who has been notified in terms of subsection
(2) of the proposal of the Secretary to cancel the registration of the school fails within the period
fixed by the Secretary, or within any extension of such period granted by him, to comply to his
satisfaction with the requirements of any matter specified by him, the Secretary shall cancel the
registration of the school and notify the responsible authority accordingly.

[note: numbering as in original]

18. Appeals in relation to registration of schools

(1) A responsible authority who is aggrieved by a decision of the Secretary—

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8
Education Act Zimbabwe

(a) to reject an application for the registration of a school; or

(h) to register a school provisionally; or

[note: numbering as in original]

(c) to cancel the provisional registration or the registration of a school;

he may appeal against such decision to the Minister and the Minister may give such decision in the
matter as he considers the Secretary ought to have given or he may dismiss the appeal.

(2) A responsible authority who is aggrieved by the decision of the Minister in terms of subsection (1)
may appeal to the High Court, which may give such decision in the matter as it considers ought to
have been given or may dismiss the appeal.

(3) The lodging of an appeal shall suspend the decision appealed against.

19. Certificate of registration or provisional registration

(1) On registering or provisionally registering a school, the Secretary shall issue to the responsible
authority a certificate of registration or provisional registration, as the case may be, in the
prescribed form.

(2) The responsible authority shall cause a certificate issued by the Secretary in terms of subsection
(1) to be displayed in a conspicuous place in the office of the head of the school.

(3) Not later than three months before the date of expiry of a provisional certificate of registration,
the responsible authority of the school concerned shall deliver the certificate of provisional
registration to the Secretary who shall either endorse it with any extension of the provisional
registration granted by him, or cancel it if no extension has been granted.

20. Premises on which schools may be operated

No non-Government school shall be operated on any premises other than the premises specified in the
certificate of registration or provisional registration of the school, as the case may be.

21. Fees and levies payable at non-Government schools

(1) In this section—

“Commission” means the National Competitiveness Commission established in terms of the

National Competitiveness Act [Chapter 14:36].

[subsection (1) substituted by section 10 of Act 15 of 2019]

(2) Subject to this section, no responsible authority shall—

(a) charge any fee or levy; or

(b) increase any fee or levy;

in respect of any pupil attending a non-Government school, unless it makes prior application
therefor to the Commission in writing, through the Secretary; setting out the full details of the fee
or levy or increase thereof, the basis upon which it is calculated, and proof that its proposal has
been approved in accordance with sub section (3)(b), and the Commission has approved the fee or
levy or increase thereof, as the case may be:

(3) The Commission shall not approve any increase of fees or levies sought in respect of the next term
of the non-Government school concerned unless—

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9
Education Act Zimbabwe

(a) the increase of such fees and levies are justified by reference to some basis other than the
application of the consumer price index; and

(b) the proposal to increase fees or levies has been approved by a majority of the parents at a
meeting of the School Parents Assembly attended by not less than twenty per centum of the
parents.

(4) The Commission shall, without delay, consider any application made in terms of subsection (2)
and, if it is satisfied that the proposed increase is fair and reasonable, having regard to-

(a) the costs of operating and maintaining the school; and

(b) any programme for improving the facilities provided at the school; and

(c) any representations made by or on behalf of parents or pupils relating to the proposed
increase, and

(d) any other relevant economic factors justifying the proposed increase; it may—

(i) approve the increase; or

(ii) amend the figure representing the increase and fix a new figure which shall not be
below the level of fees or levies that may be fixed in terms of subsection (2); or

(iii) reject the application for the increase.

(5) If at any time the Commission is satisfied that—

(a) its approval of any fee or levy or increase thereof was on the basis of false or incorrect
information supplied by the responsible authority of the non-Government school
concerned; or

(b) amounts received by a responsible authority by way of any fee or levy or increase thereof
approved in terms of this section have not been applied—

(i) to any purpose which was specified by the responsible authority in the application in
terms of subsection (2) as the purpose to which the fee or levy or increase therein, as
the case may be, would be applied, or

(ii) in the interests of pupils attending the non-Government school concerned;

or

(c) the school has charged unauthorised fees or levies or both;

the Commission may, by written notice to the responsible authority concerned, do any one or more
of the following, as may appear to it to be appropriate—

(A) revoke its approval of the fee or levy or increase therein;

(B) fix the amount of any fee and additionally, or alternatively, any levy that may be charged by
the responsible authority concerned;

(C) fix the purpose to which any fee or levy or increase thereof may be applied by the
responsible authority concerned;

(D) because the excess amount to be refunded to parents or credited to the following term;
and the responsible authority concerned shall comply with any such notice.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10
Education Act Zimbabwe

(6) Any person who contravenes this section or fails to comply with any notice in terms of subsection
(5) shall be guilty of an offence and liable to a fine equivalent to the excess amount charged or
imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[section substituted by Act 2 of 2008]

22. Appeals in relation to fees

(1) Any responsible authority who is aggrieved by a decision of the Secretary in terms of section
twenty-one may appeal against such decision to the Minister.

(2) The Minister, after due consideration of the appeal; may—

(a) grant the appeal; or

(b) refuse the appeal; or

(c) fix the amount of any fee or levy with reference to subsection (2) of section twenty-one that
may be charged by the responsible authority concerned.

(3) A responsible authority who is aggrieved by the decision of the Minister in terms of subsection
(2) may appeal to the Administrative Court, which may confirm, vary or set aside the decision
appealed against or give such other order as it considers just.

[section substituted by Act 2 of 2006]

23. Keeping of records and provision of information

The head of every non-Government school shall keep and maintain such accounts and other records, and
provide such information, as the Secretary may, from time to time, in writing require.

Part VI – Other Government educational facilities

24. Other Government educational institutions

The Minister may—

(a) establish and maintain such other educational institutions, including correspondence schools
or classes for the teaching of any subject which forms part of school education, as he may deem
necessary or desirable for the discharge of his functions in terms of this Act; and

(b) if he considers it appropriate for the purpose of the discharge of his functions referred to in
paragraph (a), close or change the site of any institution established in terms of that paragraph;
and

(c) make regulations for the efficient administration of any institution established in terms of
paragraph (a), including the provision of correspondence courses by the Ministry.

25. Adult education

The Minister may provide facilities for—

(a) the teaching of; or

(b) the training of persons for the purposes of teaching adult education.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 11
Education Act Zimbabwe

(c) every school shall endeavour to offer non formal education including adult education.

[paragraph (c) added by section 11 of Act 15 of 2019]

26. Prescribing of fees for other Government educational facilities

(1) The Minister may, in consultation with the Minister responsible for finance, from time to time fix
the fees which shall be payable for any instruction, including correspondence courses, provided in
terms of this Part.

(2) In the exercise of the powers conferred upon him by subsection (1) the Minister may fix different
fees for different categories of persons.

(3) The Minister may grant such rebates, refunds or remissions, whether in whole or in part, of the
fees payable in terms of this section as he may consider necessary.

Part VII – Nursery schools

27. Regulation of nursery schools

The Minister may, in terms of section sixty-nine, make regulations—

(a) requiring nursery schools to be registered;

(b) providing, in relation to nursery schools, for the fixing of curricula and the standards of tuition,
premises and matters relating thereto;

(c) prohibiting the teaching in nursery schools of any subject commonly taught in a school;

(d) providing for—

(i) the cancellation of the registration of nursery schools;

(ii) the alteration of the conditions subject to which nursery schools have been registered;

(e) providing for the inspection at all reasonable times of nursery schools for the purpose of
ascertaining whether this Act is being complied with.

Part VIII – National Education Advisory Board

and provincial education advisory boards

28. Establishment and functions of Board

There shall be a Board, to be known as the National Education Advisory Board, which shall advise and
make recommendations to the Minister on matters appertaining to education to which this Act applies.

29. Membership of Board

Subject to this section and to sections thirty and thirty-one, the Board shall consist of a chairman and
not fewer than four and not more than fourteen other members appointed by the Minister for their ability
and experience in administration or education or their professional qualifications or their suitability
otherwise for appointment:

Provided that the Minister shall ensure that local authorities, church organizations and the different
sectors of the economy are represented on the Board.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 12
Education Act Zimbabwe

30. Disqualifications for membership of Board

(1) A person shall not be appointed as a member of the Board, and no person shall be qualified to hold
office as a member, if—

(a) he has been adjudged or otherwise declared insolvent or bankrupt in terms of a law in force
in any country, and has not been rehabilitated or discharged; or

(b) he has made an assignment to or arrangement or composition with his creditors in terms of
a law in force in any country, and the assignment, arrangement or composition has not been
rescinded or set aside; or

(c) within the period of five years immediately preceding the date of his proposed appointment,
he has been sentenced in any country to a term of imprisonment imposed without
the option of a fine, in respect of conduct which constituted an offence or would have
constituted an offence if it had been committed in Zimbabwe, as the case may be, and has
not received a free pardon.

(2) A member of Parliament shall not be appointed as a member of the Board, nor shall he be qualified
to hold office as a member.

31. Terms and conditions of office of members of Board

(1) Subject to this section, members of the Board shall hold office for such period, not exceeding three
years, as the Minister may fix on their appointment.

(2) On the expiry of the period for which a member of the Board has been appointed, he shall continue
to hold office until he has been reappointed or his successor has been appointed:

Provided that a member shall not continue to hold office in terms of this subsection for more than
six months.

(3) Members of the Board shall hold office on such conditions as the Minister may fix: Provided that—

(i) in fixing the remuneration and allowances payable to members, the Minister shall obtain
the approval of the Minister responsible for finance;

(ii) members who are in the full-time employment of the State, a statutory body or a local
authority shall not be entitled to remuneration or allowances in respect of their service on
the Board.

32. Vacation of office by members and filling of vacancies

(1) A member of the Board shall vacate his office and his office shall become vacant—

(a) after giving the Minister such period of notice of intention to resign as may be fixed in his
conditions of service or, if no such period has been fixed, after the expiry of one month from
the date he gives such notice, or after the expiry of such other period as he and the Minister
may agree; or

(b) on the date he begins to serve a sentence of imprisonment the term of which is not less,
than six months, whether or not any portion has been suspended, imposed without the
option of a fine in any country; or

(c) if he becomes disqualified in terms of section thirty to hold office as a member; or

(d) if he is required in terms of subsection (2) or (3) to vacate his office.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 13
Education Act Zimbabwe

(2) The Minister, after consulting the Board, may require any member of the Board to vacate his office
if the member—

(a) has been guilty of conduct which renders him unsuitable to continue to hold office as a
member; or

(b) has failed to comply with any conditions of his office fixed in terms of section thirty-one; or

(c) is mentally or physically incapable of efficiently exercising his functions as a member.

(3) The Minister, on the recommendation of the Board, may require any member of the Board
to vacate his office if the Minister is satisfied that the member has been absent without the
permission of the chairman of the Board from three consecutive meetings of the Board, of which
he has been given not less than seven days’ notice, and that there was no just cause for the
member’s absence.

(4) On the death of, or the vacation of office by, a member of the Board, the Minister may, subject to
section thirty, appoint a person to fill the vacancy:

Provided that, if as a result of the vacancy the membership of the Board has fallen below five
members, the Minister shall appoint a member to fill the vacancy.

33. Meetings and procedure of Board

(1) Subject to this section and to any directions given to it by the Minister, the Board shall meet
quarterly, or any other shorter period as the Minister may fix, for the dispatch of its business and
adjourn, close and otherwise regulate its meetings and procedures as it thinks fit.

[subsection (1) substituted by section 12 of Act 15 of 2019]

(2) The chairman of the Board shall preside at all meetings of the Board:

Provided that, if the chairman is absent from any meeting, the members present may elect one of
their number to preside at that meeting as chairman.

(3) A majority of members of the Board shall form a quorum at any meeting of the Board.

(4) All acts, matters or things authorized or required to be done by the Board may be decided by a
majority vote at a meeting of the Board at which a quorum is present.

(5) At all meetings of the Board each member present shall have one vote on each question before the
Board:

Provided that, in the event of an equality of votes, the chairman or person presiding shall have a
casting vote in addition to a deliberative vote.

34. Provincial education advisory boards

(1) The Minister may establish for any area a provincial education advisory board consisting of a
chairman and not fewer than four and not more than seven other members appointed for their
ability and experience in administration or education or their professional qualifications or their
suitability otherwise for appointment:

Provided that the Minister shall ensure that so far as possible local authorities, church
organizations and the different sectors of the economy within the area are represented on every
provincial education advisory board.

(2) A provincial education advisory board shall advise the Board on all matters which arise within its
area and which relate to primary and secondary education.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 14
Education Act Zimbabwe

(3) Sections thirty to thirty-three shall apply, mutatis mutandis, to a provincial education advisory
board and its members as they apply to the Board and members of the Board.

[section amended by Act 2 of 2006]

Part IX – Financial provisions

35. Grants to schools, colleges, etc.

(1) Subject to this section, the Minister—

(a) shall, in respect of each school year, make a grant to or in respect of every eligible registered
school; and

[paragraph amended by Act 2 of 2006]

(b) may make a grant—

(i) to or in respect of any registered correspondence college or independent college

referred to in Part X;

(ii) to any group of students which the Minister is satisfied is properly organized by the
responsible authority of any school and which meets in suitable premises to study by
correspondence with or without the assistance of a teacher;

(iii) in respect of any work in furtherance of education.

(2) A grant referred to in subsection (1) shall be of such amount as the Minister, after consultation
with the Minister responsible for finance, may fix in respect of each school, college, group or
person or any class thereof:

Provided that any differentiation in the grants paid to or in respect of different registered schools
in terms of paragraph (a) of subsection (1) shall be directed towards redressing, where practicable,
inequalities in the financial resources of the responsible authorities of the schools concerned.

(3) A grant referred to in subsection (1) shall be disbursed—

(a) to such school development committee as may be approved by the Minister; or

(b) to such other person and in such manner and subject to such conditions; as the Minister
may determine in each individual case.

(4) A grant made to or in respect of a registered school in terms of paragraph (a) of subsection (1) shall
be made within four months of the commencement of the school year to which it relates.

[proviso repealed by Act 2 of 2006]

(5) Where a grant has been paid to or in respect of any school or college in terms of this section and
the registration of the school or college is cancelled or the school or college closes down before
the expiry of the period in respect of which the grant was made, the Minister may recover from
the responsible authority or person who operated and maintained the school or college such part
of the total amount of the grant as represents to such total amount the same proportion as the
unexpired part of the period in respect of which the grant was made bears to the whole of that
period.

(6) Where any person to whom or institution to which a grant has been paid in terms of this section
fails to comply with any condition fixed by the Minister in terms of subsection (3), the Minister
may recover the amount of the grant from that person or institution.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 15
Education Act Zimbabwe

36. School Parents Assembly and School Development Committee

(1) Parents or guardians with children at any school shall constitute a School Parents Assembly.

(2) The responsible authority of any registered school shall cause the School Parents Assembly to
establish a School Development Committee.

(3) The composition, functions, duties, procedure and powers of the School Development Committee
shall be as contained in the constitution of the School Parents Assembly:

Provided that where the School Parents Assembly has not made a constitution satisfactory to the
Minister, the composition, functions, duties, procedure and powers of the School Development
Committee, shall be as prescribed.

[section substituted by Act 2 of 2006]

37. Expenses of administration, etc.

(1) All moneys necessary for the purposes of this Act shall, subject to the fourteen, be paid out of
moneys appropriated for the purpose by Parliament.

(2) Nothing contained in subsection (1) shall preclude the Minister, in consultation with the Minister
responsible for finance, from receiving, administering and spending on education, moneys from
charitable bequests or from any other source whatsoever intended by the donors to be utilized for
that purposes.

38. Fees and levies to be paid into School Services Fund

(1) Subject to section fourteen all fees and levies paid for educational facilities provided by the
Government or for accommodation in connection therewith shall be paid into the School Services
Fund established in terms of section thirty of the Audit and Exchequer Act [Chapter 22:03].

(2) The responsible authority of every non-Government school shall establish a School Services Fund
into which all monies paid as fees or levies shall be deposited.

(3) The purposes of a School Services Fund for a non-Government school shall be specified in a
constitution establishing the Fund for the school, and shall include—

(a) payment of remuneration for the teaching and non-teaching staff employed by the school;

(b) maintenance and development of school facilities;

(c) purchase of equipment, books and any teaching material;

(d) payment of goods and services supplied in respect of the school.

(4) All matters relating to the administration of a School Services Fund established for a non-
Government school shall be specified in the constitution referred to in subsection (3).

(5) Any School Services Fund established in terms of this section shall be subject to audit by the
Secretary.

[section substituted by Act 2 of 2006]

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 16
Education Act Zimbabwe

Part X – Correspondence and independent colleges

39. Interpretation and application of this Part

(1) In this Part—

“Register” means the Register referred to in section forty-one;

“Registrar” means the Registrar of Correspondence and Independent Colleges referred to in

section forty;

“correspondence college” means any person, other than a Government educational institution,
who operates or maintains any educational course or provides tuition by correspondence for
reward;

“independent college” means any educational institution, other than a Government educational
institution, which maintains, manages or conducts any educational course or provides face-to-face
tuition for reward for students who have completed primary education or have attained the age of
sixteen years, whichever is the earlier, but does not include a school.

(2) This Part shall not apply to any correspondence college or independent college which the Minister
has by statutory instrument declared to be exempted from this Part.

40. Registrar of Correspondence and Independent Colleges

There shall be a Registrar of Correspondence and Independent Colleges whose office shall be a public
office and shall form part of the Public Service.

41. Functions of Registrar

(1) The Registrar shall establish and maintain a register of correspondence colleges and independent
colleges.

(2) It shall be the duty of the Registrar to—

(a) enter in the Register the names and addresses of all registered correspondence colleges and
independent colleges, the scope of their registration and such other particulars as may, from
time to time, be prescribed; and

(b) make in the Register any necessary alteration in the name, address, scope of registration or
prescribed particulars of any registered correspondence college or independent college; and

(c) remove from the Register the name of any correspondence college or independent college
whose registration has been cancelled in terms of section fifty;
and generally in connection with the Register to comply with this Act and with any specific or
general directions given by the Minister or the Secretary.

42. Prohibition of unregistered correspondence colleges and independent colleges and

certain advertisements

(1) No person shall—

(a) establish, operate or maintain a correspondence college or independent college for reward
within Zimbabwe, unless such correspondence college or independent college is registered
in terms of this Act; or

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 17
Education Act Zimbabwe

(b) publish or cause to be published in any publication circulating mainly within Zimbabwe any
advertisement in relation to a correspondence college or independent college which is not
registered in terms of this Act; or

(c) broadcast or exhibit or cause to be broadcast or exhibited to the public view in any place
within Zimbabwe, or send or cause to be sent through the post to any address within
Zimbabwe, any advertisement relating to a correspondence college or independent college
which is not registered in terms of this Act.

(2) For the purposes of subsection (1) a person shall be deemed to operate or maintain a
correspondence college within Zimbabwe if he supplies a correspondence course or provides
tuition by correspondence to a person who is resident in Zimbabwe.

(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level six.

[subsection amended by section 4 of Act 22 of 2001]

43. Registration of correspondence colleges and independent colleges

(1) Any person who wishes to establish, operate or maintain any correspondence college or
independent college, for reward within Zimbabwe, shall make a written application to the
Secretary for the registration of such correspondence college or independent college, as the case
may be, under this Act.

(2) An application in terms of subsection (1) shall—

(a) be made in the prescribed form; and

(b) be accompanied by the prescribed fee:

Provided that the Minister may, in any deserving case, waive the payment of such fee.

(3) If in relation to an application in terms of subsection (1), the Secretary is satisfied that—

(a) the application is bona fide; and

(b) there is a need for the correspondence college or independent college concerned; and

(c) the financial resources of the applicant are sufficient for the proper conduct of the affairs of
the correspondence college or independent college in accordance with the provisions of this
Act;
he shall grant the application and register the correspondence college or independent college,
specifying the scope of its registration, and issue to it a certificate of registration in the prescribed
form.

(4) The Secretary shall not register any correspondence college or independent college—

(a) if he has reasonable grounds for believing that the application for its registration does not
meet the requirements of subsection (3); or

(b) whose previous registration was cancelled—

(i) in terms of paragraph (a) of subsection (1) of section fifty, unless the annual
registration fee owed by such college has been fully paid; or

(ii) in terms of paragraph (c) of subsection (1) of section fifty, unless the grounds for
cancellation of the previous registration no longer exist, and the Minister has
authorized the registration of such college.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 18
Education Act Zimbabwe

44. Annual registration and guarantee fund fee

(1) Every registered correspondence college or independent college shall in each year, not later than
the date prescribed by the Secretary, pay to the Secretary such annual registration fee as may be
prescribed.

(2) In addition to the registration fee referred to in subsection (1)—

(a) every registered correspondence college shall pay to the Secretary for the benefit of the
Correspondence Colleges Guarantee Fund;

(b) every registered independent college shall pay to the Secretary for the benefit of the
Independent Colleges Guarantee Fund;
such annual guarantee fund as may be prescribed.

45. Correspondence Colleges Guarantee Fund

(1) The fund established in terms of section thirty-seven of the Correspondence Colleges Act [Chapter
81 of 1974] shall on and after the fixed date continue in existence and shall be known as the
Correspondence Colleges Guarantee Fund.

(2) The moneys of the fund referred to in subsection (1) shall consist of—

(a) the moneys which had accrued to and had formed part of the fund before the fixed date;

(b) the fees which have been paid for the benefit of the fund in terms of subsection (2) of
section forty-four;

(c) any other moneys that may accrue to the fund by way of grants, donations or otherwise.

(3) The fund referred to in subsection (1) shall vest in the Minister and shall, subject to his general or
specific direction, be applied—

(a) to defray any expenses that may be incurred by the Secretary in ensuring that acceptable
standards of education are maintained in all registered correspondence colleges; and

(b) to refund, wholly or partly, to students any fees paid by them in the event of insolvency of
any correspondence college to which such fees have been paid, or in the event of failure by
such college for whatever reason to meet its obligations to its students.

46. Independent Colleges Guarantee Fund

(1) There is hereby established a fund to be known as the Independent Colleges Guarantee Fund.

(2) The moneys of the fund referred to in subsection (1) shall consist of—

(a) the fees which have been paid for the benefit of the fund in terms of subsection (2) of
section forty-four;

(b) any other moneys that may accrue to the fund by way of grants, donations or otherwise.

(3) The fund referred to in subsection (1) shall vest in the Minister and shall, subject to his general or
specific direction, be applied—

(a) to defray any expenses that may be incurred by the Secretary in ensuring that acceptable
standards of education are maintained in all registered independent colleges; and

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 19
Education Act Zimbabwe

(b) to refund, wholly or partly, to students any fees paid by them in the event of insolvency of
any registered independent college to which such fees have been paid, or in the event of
failure by such college for whatever reason to meet its obligations to its students.

47. Accounts and audit of funds

(1) The Minister shall cause proper books of account to be kept in respect of the funds referred to in
sections-

forty-five and forty-six in which shall be recorded all the financial transactions relating to the
funds concerned.

(2) The accounts of the funds referred to in subsection (1) shall be audited by the Comptroller and
Auditor-General who shall have all the powers conferred upon him by the Audit and Exchequer Act
[Chapter 22:03] as though the assets of the funds were public moneys.

48. Variation of scope of registration otherwise than at request of correspondence college

or independent college

(1) If at any time the Secretary has reason to believe that a registered correspondence college or
independent college is no longer able to provide tuition in respect of a qualification, course or
subject for which it is registered, he may serve notice upon that college—

(a) to engage suitably qualified staff within such reasonable period as he may specify; or

(b) to take such other measures as will ensure the provision of adequate tuition; or

(c) to show cause why the scope of its registration should not be varied.

(2) If a registered correspondence college or independent college has received notice in terms of
subsection (1) and fails—

(a) to engage suitably qualified staff within the specified period; or

(b) to take such other measures as will ensure the provision of adequate tuition; or

(c) to satisfy the Secretary why the scope of its registration should not be varied;
the Secretary may, subject to section fifty vary the scope of the registration of such correspondence
college or independent college so that it complies with the range of qualifications, courses or
subjects for which that college is able to provide suitably qualified staff or adequate tuition.

49. Variation of scope of registration at request of correspondence college or

independent college
The Secretary may, on the application of a registered correspondence college or independent college
from time to time, vary the scope of the registration of that college according to the qualifications of the
authors or tutors whose services are retained by the college.

50. Cancellation of registration

(1) The Secretary shall cancel the registration of a registered correspondence college or independent
college—

(a) if such college fails to pay the annual registration fee within three months after the date
referred to in subsection (1) of section forty-four, or within such further period as the
Secretary may in any particular case allow; or

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 20
Education Act Zimbabwe

(b) if he has reason to believe that such college has ceased to operate as a correspondence
college or independent college within Zimbabwe; or

(c) if he is directed by the Minister to cancel the registration of such college on the grounds of
dishonesty or fraud; or

(d) if he has reason to believe that the college no longer provides satisfactory educational
services.

(2) Before exercising the power conferred upon him by subsection (1), the Secretary shall give to the
correspondence college or independent college concerned at least one month's notice in writing of
his intention to cancel the registration of such college, and invite from the college within a period
specified by the Secretary representations in writing as to why such registration should not be
cancelled.

(3) The Secretary shall give due consideration to any representations made in terms of subsection (2).

(4) If the Secretary cancels the registration of a correspondence college or independent college in
terms of subsection (1)—

(a) he shall forthwith notify such college in writing accordingly; and

(b) he shall in writing request such college to return to him within such period, not being less
than seven days, as he may specify, the certificate of registration issued to the college in
terms of section forty-three.

(5) Any person in charge of a correspondence college or independent college who fails to comply with
a request made in terms of paragraph (b) of subsection (4) shall be guilty of an offence and liable to
a fine not exceeding level three.

[subsection amended by section 4 of Act 22 of 2001]

51. Appeals against decision of secretary

(1) If—

(a) a college is aggrieved by a decision of the Secretary—

(i) not to register it as a correspondence college or independent college; or

(ii) as to the scope of its registration as a correspondence college or independent college;

or

(b) a registered correspondence college or independent college is aggrieved by—

(i) any decision of the Secretary to vary its scope of registration; or

(ii) any decision of the Secretary to cancel its registration;

that college may appeal against such decision to the Minister, who may give such decision in the
matter as he considers the Secretary ought to have given or he may dismiss appeal.

(2) Any college, registered correspondence college or independent college which is aggrieved by the
decision of the Minister in terms of subsection (1) may appeal against such decision to the High
Court, which may give such decision in the matter as it considers ought to have been given or may
dismiss the appeal.

(3) The lodging of an appeal shall suspend the decision appealed against.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 21
Education Act Zimbabwe

52. Registered correspondence college or independent college to have principal office in

zimbabwe

(1) A registered correspondence college or independent college shall have a principal office within
Zimbabwe and shall appoint a principal officer for Zimbabwe and shall notify the Secretary in
writing of the situation of that office and the name and address of the Principal officer.

(2) If a registered correspondence college or independent college changes its principal office or
appoints a new principal officer it shall, not later than twenty-one days thereafter, give notice in
writing thereof to the Registrar.

53. Formation of advisory council

Subject to the approval of the Minister, registered correspondence colleges and independent colleges may
form an advisory council whose functions shall be regulated in terms of section sixty-nine.

54. Tuition by independent colleges

Independent colleges may offer tuition only to students who have completed the prescribed period of
primary education, or who have attained the age of sixteen years, whichever is the earlier.

Part XI – Conditions of service of teachers

55. ***
[section 55 repealed by Act 2 of 2006]

56. ***
[section 56 repealed by Act 2 of 2006]

57. ***
[section 57 repealed by Act 2 of 2006]

58. ***
[section 58 repealed by Act 2 of 2006]

59. Minimum qualifications of teachers

(1) The Minister shall make regulations prescribing the minimum qualifications of all teachers to be
employed in Government and non-Government schools:

Provided that, where a qualified teacher cannot be found after the school concerned has employed
its best endeavours to find one, a relief or temporary teacher may be employed until such time as a
qualified teacher can be found.

(2) Every responsible authority of a Government and non-Government school shall, not later than
thirty days after employing any teacher, notify the Secretary of the appointment and submit to the
Secretary particulars of the teacher's qualifications.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 22
Education Act Zimbabwe

(3) The Secretary shall, within a reasonable time after receiving the particulars referred to in
subsection (2), make such inquiries as are necessary to ensure that—

(a) the teacher's qualifications comply with the minimum qualifications that have been
prescribed for that teacher's post under subsection (1); and

(b) that the responsible authority has complied with the proviso to subsection (i) where a relief
or temporary teacher has been employed.

(4) If the Secretary finds that any teacher referred to in subsection (2) is not qualified under this
section to hold the post in question he or she shall write to the responsible authority accordingly
and the responsible authority shall, if it has employed the teacher concerned, terminate the
employment of that teacher.

[section substituted by Act 2 of 2006]

60. Discipline of teachers who are not members of Public Service

(1) The Minister shall make regulations governing the conduct and behaviour of all teachers who are
not members of the Public Service:

Provided that such regulations shall as nearly as possible be similar in their substantive provisions
to the regulations governing the conduct and behaviour of teachers who are members of the Public
Service.

(2) Regulations made in terms of subsection (1) may provide for a disciplinary code for teachers,
procedures for examining complaints concerning breaches of such code and for the imposition of
penalties and the taking of other disciplinary action in respect of such breaches.

(3) The penalties and other disciplinary actions that may be provided for in terms of regulations made
in terms of subsection (1) may include monetary penalties and suspension or disqualification from
teaching in schools.

(4) Regulations made in terms of subsection (1) shall, in the event of any conflict or inconsistency
with—

(a) regulations made in terms of the Labour Act [Chapter 28:01]; or

(b) any contract of employment between the teacher and the school; or

(c) any rules or code of conduct in force in the school concerned; prevail over such regulations,
contract, rules or code of conduct.
[section substituted by Act 2 of 2006]

61. Any teacher may apply to join Public Service

Nothing in this Part contained shall be construed as precluding any teacher, whether referred to in this
Part or not, from applying to join the Public Service.

Part XII – General

62. Languages to be taught in schools

(1) Every school shall endeavour to—

(a) teach every officially recognised language;

(b) ensure that the language of instruction shall be the language of examination;

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 23
Education Act Zimbabwe

(c) ensure that the mother tongue is to be used as a medium of instruction at early childhood
education.

(2) School curricula shall as far as possible reflect the culture of the people of every language used or
taught in terms of this section.

[section 62 substituted by Act 2 of 2006 and by section 13 of Act 15 of 2019]

63. Curricula and examinations

The Secretary shall determine the curricula and the examination system for all schools and, in so doing,
shall not determine different curricula and different examination systems for different schools on the
ground that they are Government schools or non-Government schools.

64. Health in schools

(1) The Minister may, after consultation with the Minister responsible for health, make regulations
in terms of section sixty-nine for the purpose of safeguarding the health of pupils or students
attending, any educational institution operated by, or registered with, the Ministry.

(2) Regulations referred to in subsection (1) may provide for—

(a) the appointment of Government medical officers or other medical practitioners as school
medical officers at Government schools and non-Government schools;

(b) the entry and inspection at all reasonable times by a Government medical officer or other
medical practitioner authorized by the Minister of any school, residence or hostel or other
building or premises whatsoever at any school or any lodging-house catering wholly or
mainly for students or pupils attending any school;

(c) the closing of schools, residences, hostels or other buildings, premises or lodging-houses
referred to in paragraph (b) on the grounds of health;

(d) the exclusion from any school of a student or pupil—

(i) who is suffering or has recently suffered from a communicable disease or has been in
contact with a person suffering from such a disease; or

(ii) who is found to be verminous; or

(iii) in the case of a pupil, whose parent fails or refuses to produce satisfactory proof that
the pupil has—

(A) been successfully vaccinated; or

(B) been found to be insusceptible to vaccination; or

(C) previously suffered from smallpox; or

(D) been exempted from vaccination in terms of any enactment.

(e) the appointment of Government dental officers or other dental practitioners as school
dental officers at Government schools and non-Government schools;

(f) the medical and dental examination or inspection of pupils attending any Government
school or non-Government school;

(g) the examination by a psychiatrist or an educational psychologist of a student or pupil

attending any school;

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 24
Education Act Zimbabwe

(h) the requirement of a student or a parent or other person with whom a student or pupil
resides—

(i) to furnish certificates relating to whether the student or pupil is or has been suffering
from a communicable disease or has been in contact with a person suffering from
such a disease; or

(ii) to make a report to the head relating to matters referred to in subparagraph (1);

(i) the medical or dental treatment of a student or pupil accommodated at any hostel, the
supply of medicine or dental or surgical appliances and the performance of X-ray and
laboratory examinations in connection with such a student or pupil and the fees payable
therefor;

(j) the minimum standards which shall be observed in residences, school hostels and lodging-
houses catering wholly or mainly for students or pupils attending a school in regard to diet
and hygienic conditions;

(k) the appointment of sexual and reproductive health personnel.

[paragraph (k) added by section 14 of Act 15 of 2019]

65. Delegation of functions by Secretary

(1) Subject to such conditions as he may fix, the Secretary may, in relation to any particular case or
class of cases, and with the written approval of the Minister, confer or impose upon any person
employed in the Ministry any of his functions in terms of this Act other than his functions in terms
of Part V.

(2) Nothing in subsection (1) shall prevent the Secretary from withdrawing at any time any function
conferred or imposed upon another person in terms of that subsection, or from exercising such
function himself.

66. Powers of officials to enter premises of registered schools, colleges and other
educational institutions

(1) The Secretary, or any person employed in the Ministry who is authorized thereto by the Secretary,
may, at all reasonable times, enter the premises of any non-Government school, college or other
educational institution, as the case may be, for the purpose of—

(a) examining buildings, grounds and equipment in order to ascertain whether this Act is being
complied with or whether the registration of such school, college or other educational
institution should be cancelled; or

(b) enquiring into the progress of persons attending such school, college or other educational
institution, the standard of teaching the instruction provided, the qualifications of all
persons engaged in teaching therein and the conduct and discipline of pupils or students
attending such school, college or other educational institution; or

(c) inspecting any accounts or records required to be kept at or in respect of such school,
college or other educational institution; or

(d) inquiring into the application of any fee, levy, grant or other moneys paid to or received
by the school, college or other educational institution, whether in terms of this Act or
otherwise.

(2) Any person who hinders or obstructs any person referred to in subsection (1) in the exercise of his
functions, or who fails or refuses to supply any information reasonably required by such person

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 25
Education Act Zimbabwe

for the purposes of any examination, inquiry or inspection in terms of that subsection shall be
guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.

[subsection amended by section 4 of Act 22 of 2001]

67. Continuing offences

(1)
[subsection amended by section 4 of Act 22 of 2001]

(2) A conviction for an offence in terms of this Act shall not, in the case of a continuing offence, be a
bar to further prosecutions for that offence.

68. Recognition of associations of teachers

(1) The Minister may recognise such association or associations of teachers as he or she considers to
be representative of teachers as a whole or of any significant group of teachers.

(2) Any association of teachers recognised by the Minister in terms of subsection (1) may advise and
make representations to the Secretary and be consulted by the Minister on any matters pertaining
to education in Zimbabwe to which this Act applies.

[section substituted by Act 2 of 2006]

68A. Pupil discipline

(1) The responsible authority of every school shall draw up a disciplinary policy for the school in
accordance with standards set out in regulations prescribed by the Minister for the purpose.

(2) The regulations and any disciplinary policy shall—

(a) not permit any treatment which—

(i) does not respect the human dignity of a pupil; or

(ii) amounts to physical or psychological torture, or to cruel, inhuman or degrading

treatment or punishment;

(b) prescribe the manner in which any punishment may be administered.

(3) Disciplinary measures must be moderate, reasonable and proportionate in the light of the conduct,
age, sex, health and circumstances of the pupil concerned and the best interests of the child shall
be paramount.

(4) No pupil may be suspended from school without first being granted a reasonable opportunity,
with the support of his or her parents, to make representations with respect to the proposed
suspension.

(5) Under no circumstance is a teacher allowed to beat a child.

[section 68A inserted by section 16 of Act 15 of 2019]

68B. Pupil with disability

(1) Every registered school shall provide infrastructure, subject to availability of resources, suitable for
use by pupils with disabilities.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 26
Education Act Zimbabwe

(2) The Secretary shall monitor and enter premises of every registered school for the purposes of
ascertaining whether the rights of pupils with disabilities are taken into account during teaching
and learning.

(3) For the purposes of fees approval, the Secretary shall require every registered school to submit a
plan highlighting how the school shall advance the rights of pupils with disabilities.

[section 68B inserted by section 16 of Act 15 of 2019]

68C. Non exclusion of pupils from school

(1) No pupil shall be excluded from school for non-payment of school fees or on the basis of
pregnancy.

[section 68C inserted by section 16 of Act 15 of 2019]

69. Regulations

(1) The Minister may make regulations providing for all matters which by this Act are required or
permitted to be prescribed or which in his opinion, are necessary or convenient to be prescribed for
carrying out or giving effect to this Act.

(2) Regulations made in terms of subsection (1) may provide for—

(a) in relation to the registration of correspondence colleges or independent colleges—

(i) the fixing of curricula and standards of tuition, premises and matters relating
thereto, as well as the fees chargeable by such colleges; or

(ii) the cancellation of the registration of such colleges; or

(iii) the alteration or variation of the conditions subject to which such colleges are
registered; or

(iv) the inspection at all reasonable times of such colleges for the purpose of ascertaining
whether this Act is being complied with;

(b) functions of, and the procedure to be followed by, the advisory council formed in terms of
section fifty-three;

(c) discipline in schools and the exercise of disciplinary powers over pupils attending schools,
including the administration of corporal punishment and the suspension and expulsion of
such pupils in respect of their attendance and conduct in schools, and in public places when
not accompanied by their parents or by adult persons into whose custody they have been
entrusted by their parents;

(d) the circumstances in which pupils accommodated at school hostels shall cease to be so
accommodated;

(e) the forms of enrolment registers and other school registers, time-tables and books of
account to be kept and maintained at schools and other educational institutions, and the
manner in which information contained therein shall be furnished to the Secretary;

(f) the conditions governing the maintenance and use of school premises and the control
thereof;

(g) the regulation of religious instruction in schools;

(h) the adequacy, suitability and use of school equipment and school laboratories;

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 27
Education Act Zimbabwe

(i) the duties of responsible authorities;

(j) school holidays;

(k) the precautions to be taken against fire or other peril likely to endanger the lives or health
of teachers, public or students;

(l) the temporary exclusion from any school or college of any teacher, pupil or student, and
any other measures necessary or desirable to preserve the well-being of teachers, pupils or
students;

(m) the size of school classes and the hours of instruction provided by schools;

(n) the structure, hygiene and sanitation of school premises;

(n1) the wearing of uniforms;

[paragraph inserted by Act 2 of 2006]

(n2) the use of emerging technologies in education;

[paragraph (n2) inserted by section 15 of Act 15 of 2019]

(n3) the manner in which feeding schemes may be conducted at schools;

[paragraph (n3) inserted by section 15 of Act 15 of 2019]

(n4) manage sexual abuse cases in schools;

[paragraph (n4) inserted by section 15 of Act 15 of 2019]

(o) such other matters as, in the opinion of the Minister, are likely to promote the good
order and better administration and regulation of schools and hostels used in connection
therewith.

(3) Regulations made in terms of subsection (1) may provide penalties for any contravention thereof:

Provided that no such penalty shall exceed a fine of level five or imprisonment for a period of six
months or both such fine and such imprisonment.

[subsection amended by section 4 of Act 22 of 2001]

70. Savings
Notwithstanding the repeal of the Education Act, 1979 (No. 8 of 1979), and the Correspondence Colleges
Act [Chapter 81 of 1974], hereinafter referred to as the repealed Acts—

(a) any Government school, Government teachers college or other Governmental educational
institution established under a repealed Act and subsisting immediately before the fixed date shall
be deemed to have been established under this Act;

(b) any private school, private teachers college, correspondence college or independent college
registered under a repealed Act immediately before the fixed date shall be deemed to have
been registered under this Act as a non-Government school, non-Government teachers college,
correspondence college or independent college, as the case may be;

(c) any general purpose fund or teachers amenities fund established for a Government school or
teachers college under a repealed Act shall continue to exist under this Act;

(d) any regulations made in terms of a repealed Act, which were in force immediately before the fixed
date and which could be made under this Act, shall be deemed to have been made under this Act
and shall remain in force until amended or repealed in terms of this Act;

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 28
Education Act Zimbabwe

(e)
[paragraph repealed by Act 2 of 2006]

(f) subject to the Pensions Review Act [Chapter 16:03] any pension benefits that accrued to a teacher
as defined in the African Education Act [Chapter 233 of 1974] in respect of service in the Unified
African Teaching Service which terminated before the fixed date, or to the widow or dependants
of such teacher, shall continue in force and the benefits shall be paid in accordance with the law
applicable thereto immediately before that date, and such law shall apply to the determination of
any pension benefits which may become payable to the widow or dependants of such teacher:

Provided that the Minister may make regulations providing for the amendment of such pension
benefits.

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 29