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Amendment Bill, 2005 [H.B. 6, 2005]
14, 2006 - This Bill has been withdrawn and a new
consolidated text [H.B. 6A, 2005] has taken its place. This new text
of the Bill has been considered by the Parliamentary Legal Committee and
been given a non-adverse report.
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the Report of the Parliamentary Legal Committee on the Education Amendment
Bill, 2005 [H.B.6, 2005]
Published in the Government
Gazette on the 20th May, 2005 (General Notice 193/2005)
Amendment Bill, 2005 [H.B. 6, 2005]
The purpose of this
Bill is to amend the Education
Act [Chapter 25:04] ("the principal Act") with a view to update
it and correct certain anomalies that have come to the attention of the
The individual clauses
of the Bill are explained more fully below.
sets out the bill's short title.
will amend the Preamble to the principal Act by deleting terms like "Government
teachers colleges" and "teachers colleges" wherever they appear.
seeks to amend the interpretation section of the principal Act. It will
delete from the principal Act definitions of terms that are no longer
in use for example "fixed date" and "school education". It will insert
definitions of new terms that have been introduced in the principal Act.
It repeals and substitute principal definitions of terms whose meanings
in the Act have been found to have changed over the years.
seeks to substitute section 3 by specifying the institutions to which
the principal Act shall apply.
seeks to amend section 21 of the principal Act in several respects. Firstly
it replaces subsection (1) by making it specific that the Minister will
prescribe fees and levies or the increase thereof charged by non-government
schools in a Statutory Instrument. Secondly it replaces subsections (3)
and (4) with one subsection which gives the Secretary power to fix the
fees or levies to be charged by a responsible authority after considering
an application made in terms of subsection (2). Thirdly, it amends subsection
(5) by adding four more penalties that can be meted out on a school that
fails to comply with subsection (1). Fourthly, it replaces subsection
(6) in order to increase the fine for contravening subsection (1) to an
amount equivalent to the excess amount charged.
seeks to substitute section 22 of the principal Act. The new provision
gives the Minister additional powers in dealing with appeals in relation
to fees to fix an appropriate fee or levy over and above granting or refusing
seeks to substitute section 36 of the principal Act. The new provision
provides for the establishment a School Parents Assembly for each school.
The School Parents Assembly will in turn elect a School Development Committee
which will be vested with the control and management of the financial
affairs of the school.
seeks to substitute section 38 of the principal Act. The new provision
provides for the payment of all fees for educational facilities provided
by the Government into the School Services Fund established in terms of
the Audit and Exchequer Act [Chapter 22:03].
proposes to repeal sections 55, 56, 57 and 58 of the principal Act as
they have been found to be no longer relevant.
seeks to substitute section 59 of the principal Act. The new provision
proposes to give the Minister power to prescribe the minimum qualifications
of all teachers to be employed in non-government schools. The provision
also gives the Secretary power to vet the qualifications of all teachers
to be employed by non-government schools and direct any responsible authority
to terminate the service of any teacher who is not properly qualified.
This provision was necessitated by the fact that some non-government schools
were employing teachers who were experienced in certain sporting activities
without holding the necessary qualifications.
seeks to substitute section 62 of the principal Act. The new provision
proposes the teaching of all the three main languages of Zimbabwe namely
English, Shona and Ndebele and such other local language in all schools
on an equal-time basis. Prior to form one, either of these languages may
be used as the medium of instruction depending on which language is better
understood by the pupils. There is also provision that sign language shall
be the priority medium of instruction for the deaf and hard of hearing.
This provision is meant to cater for the diverse needs throughout the
seeks to substitute section 68 of the principal Act. The new provision
proposes the recognition of more than one association of teachers. This
has been necessitated by the realisation that other associations have
arisen and there is need to recognise them.
proposes to amend section 69 of the principal Act by giving the Minister
power to make regulations on school uniforms and associations of teachers.
Clause 15 and Schedule
and the Schedule effect various small amendments to the principal Act.
Presented by the Minister of
Education, Sport and Culture
To amend the Education Act [Chapter 25:04] and to
provide for matters connected therewith or incidental thereto.
ENACTED by the President and
the Parliament of Zimbabwe.
1 Short title
This Act may be cited as the Education Amendment Act, 2005.
of the Preamble to Cap 25:04
The Preamble to the Education Act [Chapter 25:04] is amended by the deletion
of "the terms "Government teachers colleges" and "teachers
colleges" wherever they appear.
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