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Education Amendment Bill, 2005 [H.B. 6, 2005]
May 20, 2005

Update: February 14, 2006 - This Bill has been withdrawn and a new consolidated text [H.B. 6A, 2005] has taken its place.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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Read 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)

Education Amendment Bill, 2005 [H.B. 6, 2005]

MEMORANDUM

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 Ministry.

The individual clauses of the Bill are explained more fully below.

Clause 1
This clause sets out the bill's short title.

Clause 2
This clause will amend the Preamble to the principal Act by deleting terms like "Government teachers colleges" and "teachers colleges" wherever they appear.

Clause 3
This clause 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.

Clause 4
This clause seeks to substitute section 3 by specifying the institutions to which the principal Act shall apply.

Clause 5
This clause 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.

Clause 6
This clause 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 an appeal.

Clause 7
This clause 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.

Clause 8
This clause 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].

Clause 9
This clause proposes to repeal sections 55, 56, 57 and 58 of the principal Act as they have been found to be no longer relevant.

Clause 10
This clause 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.

Clause 11
This clause 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 country.

Clause 13
This clause 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.

Clause 14
This clause 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
This clause and the Schedule effect various small amendments to the principal Act.

Presented by the Minister of Education, Sport and Culture

BILL
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.

2 Amendment 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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