Law Development Commission, Zimbabwe
(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—
(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. cause 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.
(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.