Law Development Commission, Zimbabwe 8 General duty of local authorities 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. [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 Children’s entitlement to enrolment at schools 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 is ordinarily resident, unless such primary or secondary school is fully enrolled. [Section amended by Act 2 of 2006] 11 Enrolment at alternative schools (1) Where the primary or secondary school at which a child of school-going age has sought enrolment in terms of section ten 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. (2) Where a child who has been issued with a certificate in terms of subsection (1) applies for enrolment at the next nearest school and produces such certificate, it shall be prima facie evidence of the facts stated therein. 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) The head of a Government school may, subject to the directions of the Secretary, refuse to admit to that school any pupil in respect of whom any fees payable in terms of this section or section fourteen have not been paid.