Law Development Commission, Zimbabwe
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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
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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.
(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 admission to
any school;
on the grounds of his race, tribe, place of origin, national or ethnic origin, political opinions, colour, creed or
gender.
[Subsection as substituted by section 15 of Act 19 of 1998]
(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
(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]
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Compulsory education
It is the objective in Zimbabwe that primary education for every child of school-going age shall be compulsory and to this end it shall be the duty of the parents of any such child to ensure that such child attends primary
school.
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.