- Commenced on 8 June 1987
- [This is the version of this document from 6 March 2020.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
- [Amended by Education Amendment Act, 2019 (Act 15 of 2019) on 6 March 2020]
Part I – Preliminary
1. Short titleThis Act may be cited as the Education Act [Chapter 25:04].
2. InterpretationIn this Act—“adult basic education” means any educational training for a person beyond the age of a child of school-going age;[definition of “adult basic education” inserted by section 2(a) of Act 15 of 2019]“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]“basic education” means education from early childhood education up to the fourth form and any other category as may be declared as such by the Minister by Notice in the Gazette from time to time;[definition of “basic education” inserted by section 2(a) of Act 15 of 2019]“basic state funded education” means(a)education from early childhood education up to form four; or(b)adult education up to form four; or(c)any other category as may be declared as such by the Minister by notice in the Gazette from time to time:for which pupils shall not be required to pay fees or levies and the State shall provide them with learning and teaching material, facilities, infrastructure and resources subject to the provisions of section 75 of the Constitution;[definition of “basic state funded education” inserted by section 2(a) of Act 15 of 2019]“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;“Early Childhood Development” means the physical, mental and social development of children between the ages of four and five years;[definition of “Early Childhood Development” inserted by section 2(b) of Act 15 of 2019]“fixed date” [definition repealed by Act 2 of 2006]“formal education” means education conducted in terms of the curriculum and procedures determined by the Secretary in accordance with the provisions of section 63;[definition of “formal education” inserted by section 2(a) of Act 15 of 2019]“further education” means education from Advanced Level and all studies above that including vocational training, degree and diploma programmes across all subject disciplines;[definition of “further education” inserted by section 2(a) of Act 15 of 2019]“Government school” means a school administered and controlled by the national Government, local authority or any tier of Government as established in section 5 of the Constitution;[definition of “Government school” inserted by section 2(a) of Act 15 of 2019]“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-formal education” means educational instructions received by persons who are not in the formal education system including adult education;[definition of “non-formal education” inserted by section 2(a) of Act 15 of 2019]“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" [definition inserted by Act 2 of 2006 and repealed by section 2(b) of Act 15 of 2019];“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 2006]“special needs education” means specially designed instructional arrangements which are designed to meet the unique needs of pupils with disability;[definition of “special needs education” inserted by section 2(a) of Act 15 of 2019]“teacher” includes a head of a school;“term” means any one of the periods into which the teaching school year is divided.
Part II – Fundamental rights and objectives of education in Zimbabwe
4. Children’s fundamental right to education in Zimbabwe
5. Compulsory education
6. Minimum fees for educationIt is the objective that tuition in schools in Zimbabwe be provided for the lowest possible fees consistent with the maintenance of high standards of education, and the Minister shall encourage the attainment of this objective by every appropriate means, including the making of grants and other subsidies to schools.
7. General function of MinisterSubject to this Act, the Minister shall promote and enhance the education of the people of Zimbabwe and the progressive development of institutions devoted to that purpose and the Minister shall secure the provision of a varied, comprehensive and constantly developing educational service throughout Zimbabwe.
8. General duty of local authorities
Part III – Classification of schools and right of access to school education
9. Classification of schools
10. Enrolment at schools
11. ***[section 11 repealed by section 7 of Act 15 of 2019]
Part IV – Government schools
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 interestWhere the Secretary is of the opinion that adequate educational facilities already exist in the area in which an applicant proposes to establish a school, the Secretary shall advise the applicant in writing to that effect, and may recommend that the school be established in some other suitable area.
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 operatedNo non-Government school shall be operated on any premises other than the premises specified in the certificate of registration or provisional registration of the school, as the case may be.
21. Fees and levies payable at non-Government schools
22. Appeals in relation to fees
23. Keeping of records and provision of informationThe 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.
Part VI – Other Government educational facilities
24. Other Government educational institutionsThe Minister may—
25. Adult educationThe Minister may provide facilities for—
26. Prescribing of fees for other Government educational facilities
Part VII – Nursery schools
27. Regulation of nursery schoolsThe Minister may, in terms of section sixty-nine, make regulations—
Part VIII – National Education Advisory Board and provincial education advisory boards
28. Establishment and functions of BoardThere shall be a Board, to be known as the National Education Advisory Board, which shall advise and make recommendations to the Minister on matters appertaining to education to which this Act applies.
29. Membership of BoardSubject to this section and to sections thirty and thirty-one, the Board shall consist of a chairman and not fewer than four and not more than fourteen other members appointed by the Minister for their ability and experience in administration or education or their professional qualifications or their suitability otherwise for appointment:Provided that the Minister shall ensure that local authorities, church organizations and the different sectors of the economy are represented on the 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 – Financial provisions
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 independent colleges
39. Interpretation and application of this Part
40. Registrar of Correspondence and Independent CollegesThere shall be a Registrar of Correspondence and Independent Colleges whose office shall be a public office and shall form part of the Public Service.
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 collegeThe Secretary may, on the application of a registered correspondence college or independent college from time to time, vary the scope of the registration of that college according to the qualifications of the authors or tutors whose services are retained by the 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 councilSubject to the approval of the Minister, registered correspondence colleges and independent colleges may form an advisory council whose functions shall be regulated in terms of section sixty-nine.
54. Tuition by independent collegesIndependent colleges may offer tuition only to students who have completed the prescribed period of primary education, or who have attained the age of sixteen years, whichever is the earlier.
Part XI – Conditions of service of teachers
55. ***[section 55 repealed by Act 2 of 2006]
56. ***[section 56 repealed by Act 2 of 2006]
57. ***[section 57 repealed by Act 2 of 2006]
58. ***[section 58 repealed by Act 2 of 2006]
59. Minimum qualifications of teachers
60. Discipline of teachers who are not members of Public Service
61. Any teacher may apply to join Public ServiceNothing in this Part contained shall be construed as precluding any teacher, whether referred to in this Part or not, from applying to join the Public Service.
Part XII – General
62. Languages to be taught in schools
63. Curricula and examinationsThe Secretary shall determine the curricula and the examination system for all schools and, in so doing, shall not determine different curricula and different examination systems for different schools on the ground that they are Government schools or non-Government schools.
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
68A. Pupil discipline
68B. Pupil with disability
68C. Non exclusion of pupils from school
70. SavingsNotwithstanding the repeal of the Education Act, 1979 (No. 8 of 1979), and the Correspondence Colleges Act [Chapter 81 of 1974], hereinafter referred to as the repealed Acts—
History of this document
06 March 2020 this version
Amended by Education Amendment Act, 2019
08 June 1987