Zimbabwe School Examinations Council Act
- Commenced on 1 July 1995
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Zimbabwe School Examinations Council Act [Chapter 25:18].
2. InterpretationIn this Act—“appointed member” means a member other than the Director;“Board” means the Examinations Board referred to in section five;“Council” means the Zimbabwe School Examinations Council established by section three;“Director” means the Director of the Council appointed in terms of section nineteen;“examination” means any examination which the Minister, in terms of paragraph (a) of subsection (1) of section four, has directed the Council to organize and conduct;“examination material” means—(a)an examination paper; or(b)notes for the preparation of an examination paper; or(c)instructions for the setting up of equipment or the preparation of instruments for an examination; or(d)any other document or material which is intended to form part of an examination paper or to enable an examination paper to be prepared;but does not include examination papers from previous examinations or any other material which is legitimately published in order to assist candidates in any examination;“Examinations Committee” means the Examinations Committee referred to in subsection (1) of section twelve;“member” means any member of the Board, including the chairman and the Director;“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;“public university” means a university referred to in subparagraphs (i) and (ii) of paragraph (b) of subsection (1) of section six.
Part II – Establishment of Zimbabwe School Examinations Council
3. Establishment of Zimbabwe School Examinations CouncilThere is hereby established a Council to be known as the Zimbabwe School Examinations Council which shall be a body corporate and, in its corporate name, shall be capable of suing and being sued and, subject to this Act, of performing all acts that bodies corporate may by law perform.
4. Functions of Council
5. Examinations BoardThe operations of the Council shall, subject to this Act, be controlled by a Board to be known as the Examinations Board, constituted in terms of this Part.
6. Composition of Board
7. Disqualification for membership of Board
8. Terms and conditions of office of members
9. Vacation of office by members and filling of vacancies
10. Vice-chairman of BoardThe Minister shall designate one of the members referred to in paragraphs (b) to (g) of subsection (1) of section six as vice-chairman of the Board, and the vice-chairman shall perform the chairman’s functions whenever the chairman is unable for any reason to exercise them.
11. Meetings and procedure of Board
12. Examinations Committee
13. Finance Committee
14. Other committees of Board
15. Minutes of proceedings of Board and committees
16. Remuneration and allowances of members of Board and committeesA member of the Board or of a committee shall be paid—
17. Validity of decisions and acts of Board and committeesNo decision or act of the Board or any committee thereof, and no act done under the authority of the Board or any committee thereof, shall be invalid solely because, at the time the decision was taken or the act was done or authorized—
18. Execution of contracts and instruments by CouncilAn agreement, contract or instrument may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Board for that purpose.
19. Appointment of Director
20. Reports of Board
Part III – Financial provisions relating to Council
21. Funds of CouncilThe funds of the Council shall consist of—
22. Investment of moneys not immediately required by CouncilMoneys not immediately required by the Council may be invested in such manner as the Minister, acting on the advice of the Minister responsible for finance, may approve.
23. Council to make certain charges to revenue account
24. Establishment and operation of reserve fund
25. Meeting of deficiencies
26. Financial year of CouncilThe financial year of the Council shall be the period of twelve months ending on the 30th June each year or on such other date as may be prescribed.
27. Accounts of Council
28. Appointment of auditors and audit or accounts of Council
29. Powers of auditors
Part IV – General
30. Exemption from liability of Council and membersNo liability shall attach to the Council or the Board or to any member for any loss or damage sustained by any person as a result of the bona fide exercise or performance by the Council, the Board, a committee of the Board, the Director or any employee or agent of the Council of any function of the Council, the Director or the Board, as the case may be, in terms of this Act or any other law:Provided that this section shall not be construed so as to prevent any person from recovering, by action in a court of competent jurisdiction, compensation for any loss or damage which was caused by negligence or breach of contract.
31. Indemnity of members and officers of CouncilThe Council shall indemnify every member of the Board or of a committee of the Board and the Director and every auditor, employee or agent of the Council against any costs incurred by him in—
32. Investigation into affairs of Council
33. Minister may give directions on matters of policy
34. Cancellation of examinations and annulment of results
35. Offences and penaltiesAny person who—
History of this document
01 July 1995