EDUCATION ACT( CHAPTER 25:04)

CHAPTER 25:04

EDUCATION ACT

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

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

FUNDAMENTALRIGHTS AND OBJECTIVES OFEDUCATION IN ZIMBABWE

4. Children’s fundamental right to education in Zimbabwe.
5. Compulsory education.
6. Minimum fees for education.
7. General function of Minister.
8. General duty of local authorities.

PART III

CLASSIFICATION OFSCHOOLS AND RIGHT OF ACCESS TO SCHOOLEDUCATION

9. Classification of schools.
10. Children’s entitlement to enrolment at schools.
11. Enrolment at alternative schools.

PART IV

GOVERNMENTSCHOOLS

12. Establishment, maintenance and closure of Government schools and hostels.
13. Prescribing of fees at Government schools.
14. Establishment of general purpose funds.

PART V

NON-GOVERNMENT SCHOOLS

15. Registration of non-Government schools.
16. Recommendations by Secretary in the national interest.
17. Cancellation of provisional registration or registration.
18. Appeals in relation to registration of schools.
19. Certificate of registration or provisional registration.
20. Premises on which schools may be operated.
21. Fees and levies payable at non-Government schools.
22. Appeals in relation to fees.
23. Keeping of records and provision of information.

PART VI

OTHER GOVERNMENTEDUCATIONALFACILITIES

24. Other Government educational institutions.
25. Adult education.
26. Prescribing of fees for other Government educational facilities.

PART VII

NURSERYSCHOOLS

27. Regulation of nursery schools.

PART VIII

NATIONALEDUCATION ADVISORY BOARD AND PROVINCIAL EDUCATION ADVISORYBOARDS

28. Establishment and functions of Board.
29. Membership of Board.
30. Disqualifications for membership of Board.
31. Terms and conditions of office of members of Board.
32. Vacation of office by members and filling of vacancies.
33. Meetings and procedure of Board.
34. Provincial education advisory boards.

PART IX

FINANCIALPROVISIONS

35. Grants to schools, colleges, etc.
36. School Parents Assembly and School Development Committee.
37. Expenses of administration, etc.
38. Fees and levies to be paid into School Services Fund.

PART X

CORRESPONDENCE AND INDEPENDENTCOLLEGES

39. Interpretation and application of this Part.
40. Registrar of Correspondence and Independent Colleges.
41. Functions of Registrar.
42. Prohibition of unregistered correspondence colleges and independent colleges and certain advertisements.
43. Registration of correspondence colleges and independent colleges.
44. Annual registration and guarantee fund fee.
45. Correspondence Colleges Guarantee Fund.
46. Independent Colleges Guarantee Fund.
47. Accounts and audit of funds.
48. Variation of scope of registration otherwise than at request of correspondence college or independent college.
49. Variation of scope of registration at request of correspondence college or independent college.
50. Cancellation of registration.
51. Appeals against decision of Secretary.
52. Registered correspondence college or independent college to have principal office in Zimbabwe.
53. Formation of advisory council.
54. Tuition by independent colleges.

PART XI

CONDITIONS OFSERVICE OFTEACHERS

55. [Repealed].
56. [Repealed].
57. [Repealed].
58. [Repealed].
59. Minimum qualifications of teachers.
60. Discipline of teachers who are not members of Public Service.
61. Any teacher may apply to join Public Service. PART XII

GENERAL

62. Languages to be taught in schools.
63. Curricula and examinations.
64. Health in schools.
65. Delegation of functions by Secretary.
66. Powers of officials to enter premises of registered schools, colleges and other educational institutions.
67. Continuing offences.
68. Recognition of associations of teachers.

AN 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 nonGovernment 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]

[Date of commencement: 8th June, 1987.]

PART I

PRELIMINARY

1    Short title

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

                       2    Interpretation

In this Act—

“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]

“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; “fixed date” ….

[Definition repealed by Act 2 of 2006]

“Government school” means a school administered and controlled by the Ministry;

“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-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" means an institution which provides for early childhood education and care and the physical, mental and social development of children who are below school going age;

[Definition inserted by Act 2 of 2006]

“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;

“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 200