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Amendment Bill, 2005 [H.B. 6C, 2005]
February 23, 2006
This is the Bill as
passed by the Senate on Thursday 23rd February, 2006, incorporating the
amendments made to clause 5 by the Senate1.
The amended Bill must now be returned to the House of Assembly for consideration
of the amendments made by the Senate
To view the previous
iteration of this Bill read H.B.
6A, 2005 published on Wednesday 8th February, 2006.
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Amendment Bill, 2005 [H.B. 6C, 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.
This clause sets out the bill's short title.
This clause will amend the Preamble to the principal Act by deleting terms
like "Government teachers colleges" and "teachers colleges"
wherever they appear.
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.
This clause seeks to substitute section 3 by specifying the institutions
to which the principal Act shall apply.
This clause seeks to substitute section 21 of the principal Act.
The new provision makes it mandatory for every responsible authority to
first of all apply to the Secretary for his approval before charging any
fee or levy or making any increase thereto. The Secretrary is in turn
obliged to approve the increase applied for where such increase does not
exceed the percentage increase in the cost of living from the beginning
to the end of the preceding term as indicated by the Consumer Price Index
published by the Central Statistics Office. The clause also requires the
responsible authority to get the approval of a majority of the parents
at a meeting of the School Parents Assembly attended by not less than
twenty per centum of the parents. The clause also requires the responsible
authority to get the approval of a majority of the parents at a meeting
of the School Parents Assembly attended by not less than twenty per centum
of the parents, where the responsible authority seeks to increase fees
or levies in excess of the level specified under subsection (2). The provision
also outlines the details that are to be included in the application and
the various decisions the Secretary can make.
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.
This clause seeks to substitute section 36 of the principal Act. The new
provision provides for the constitution of a School Parents
Assembly by parents with children at any school. The
School Parents Assembly will in turn establish a School
Development Committee whose composition, functions and duties
will be as prescribed.
This clause seeks to substitute section 38 of the principal Act. The new
provision provides for the payment of all fees for educational facilities
into the School Services fund established in terms of the Audit
and Exchequer Act [Chapter 22:03]. The provision makes it the duty of
the responsible authority of every non-government school to establish
a School Services Fund. The provision also states the purposes of the
School Services Fund.
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.
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 all schools.
The provision also gives the Secretary power to vet the qualifications
of all teachers to be employed by all 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.
This clause seeks to substitute section 60 of the principal Act.
The new provision proposes the making of regulations by the Minister to
govern the conduct and behaviour of all teachers who are not members of
the Public Service. Such regulations shall prevail over any other regulations,
contract, rules or code of conduct. Such regulations are also supposed
to be as nearly as possible similar in their substantive provisions to
the regulations governing the conduct and behaviour of teachers who are
members of the Public Service.
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, Ndebele and such other local language in all schools
up to form two level on an equal-time basis. Prior to
form one, any of these languages may be used as the medium
of instruction depending on which language is better understood by the
pupils. There is 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. There is
also provision for the teaching of foreign languages in schools where
the Minister so authorises.
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.
This clause proposes to amend section 69 of the principal Act by giving
the Minister power to make regulations on school uniforms in schools.
Clause 15 and
This clause and the Schedule effect various small amendments to the principal
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 long title to the Education Act [Chapter 25:04]
is amended by the deletion of the terms "Government teachers colleges"
and "teachers colleges" wherever they appear.
original Bill was H.B.
6, 2005. It received an adverse
report from the Parliamentary Legal Committee. It was then replaced
by a "new consolidated text", H.B.
6A, 2005, which promptly received a non-adverse report from the Parliamentary
Legal Committee and was then passed by the House of Assembly with several
amendments, and referred to the Senate as H.B. 6B, 2005.. Now, having
been passed by the Senate with amendments to clause 5, it has become H.B.
6C, 2005 and must be returned to the House of Assembly for consideration
of those amendments.
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