The Zimbabwe Education Amendment Act 2020, which came into effect in May 2020, aims to align the Education Act (Chapter 25:04) with the country’s constitutional provisions on education and international best practices outlined in the African Charter and the Convention on the Rights of the Child.
Following consultations on how every child could realize the right to free basic education, the amendment was well-received across the country. It protects marginalized children by promoting inclusive and equitable education.
The Act addresses important issues related to girls’ education, such as prohibiting the expulsion of pregnant girls, mandating free and compulsory education, and addressing sexual and reproductive health matters.
The amendment is a positive step by lawmakers, significantly enhancing educational rights in Zimbabwe. However, the current economic situation presents challenges and barriers to ensuring children enjoy their rights as stipulated in the constitution. Gains in educational attainment over the past 20 years have primarily benefited the urban population, with little improvement observed in rural communities.
While amending laws to enhance education rights is positive, it’s only half the battle. The gap between policy and practice remains. The government must take concrete actions to ensure children can actually exercise their right to education.
Amending laws alone is not enough; investment in education infrastructure and resources is crucial to making education a reality for all children.
Some of the challenges facing Zimbabwe’s education system include school shortages, particularly in rural areas. Aging and dilapidated infrastructure plague many schools, with some rural schools lacking even a single proper classroom. In areas like Mwenezi, Bikita, Gokwe, and Binga, children have to walk up to 15 km to reach their nearest schools.
According to a 2020 report by the Zimbabwe Vulnerability Assessment Committee (ZimVAC), many rural schools lack standard educational infrastructure for learning, including classrooms and teacher accommodation.
Additionally, there is a severe shortage of educational materials, hindering students’ ability to receive quality education. These conditions not only create an unfavorable learning environment but also perpetuate disparities in education between rural and urban areas. UNICEF’s Zimbabwe 2021 Education Fact Sheet indicated that the low completion rate for primary education could be linked to a lack of educational materials.
The amendment aims to make the constitutional right to education a reality. The government has a duty to provide students with resources and facilities for learning, but with a caveat: the right is subject to the availability of government resources. This means the government could delay the realization of the right if it lacks the required funds.
The law also states that schools, both government and private, cannot expel students for failing to pay fees. This aims to ensure that all children have access to education, regardless of their financial situation.
However, disregarding a ministry directive, some schools continue to turn away learners due to non-payment of tuition fees. Recently, the Bulawayo Progressive Residents Association (BPRA) challenged the government to intervene after “Entumbane High School pupils were sent back home for not paying school fees earlier.”
Ben Moyo, Secretary for Education at BPRA, confirmed receiving multiple reports of schools turning away students due to unpaid fees, indicating the government’s failure to effectively enforce laws designed to protect children’s right to education.
Despite existing legislation, schools continue to deny students access to education, highlighting the need for greater government action to ensure all children can exercise their fundamental right to education. The Act mandates attendance at state-funded schools, making it compulsory. It’s against the law for any parent or guardian to prevent a child from receiving a state-funded education.
The Act requires the government to ensure the provision of sanitary wear and other menstrual health facilities, including water and sanitation in all schools. This is a remarkable improvement, as the previous law was silent on this fundamental right. However, a May 2022 study in Zimbabwe revealed alarming statistics regarding menstrual hygiene among girls.
A staggering 72% of girls in the study are unable to access sanitary products due to financial constraints, forcing them to resort to makeshift solutions. This signifies that the Zimbabwean government is not doing enough to protect the rights of girls.
The amended Act states that no child shall be excluded from school because of pregnancy. Pregnancy cannot be a factor in admitting, suspending, or expelling a student. This progressive and commendable provision applies to both government and private schools.
A 2019 report by the Ministry of Primary and Secondary Education noted that many students drop out of school due to pregnancy or early marriages. The Act will now ensure that pregnant girls can continue their education. However, implementation still relies on the government working with NGOs like CAMFED and UNICEF to promote behavior change, inclusion, and tolerance in communities.
Disciplinary action against students must respect the child’s human dignity and best interests. The Act requires every school to have a disciplinary policy that
