High Court Backs Students, Says NO Rewrite for English Paper 2, But Results Still Nullified

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High Court judge Justice Loice Matanda Moyo sitting with Justice Priscilla Munangati-Manongwa reversed the decision by the Zimbabwe School Examinations Council (Zimsec) to order a rewrite for the 2017 Ordinary Level English Paper 2 saying it was inconsiderate.  However, the court said that it cannot condone criminality as cheating had indeed taken place and confirmed the decision to nullify the results for the English Language paper 2. In a welcome development for most students, the resit for the paper which was supposed to take place on Friday has been cancelled and the students will be graded on the results of English Paper 1 only.

This comes after parents representing two minor children who wrote their Ordinary Level examinations last year challenged the decision by Minister of Primary and Secondary Education Paul Mavima to nullify the results and filed an urgent chamber application. The two parents Victor Mukomeka and Chingasiyeni were represented by Zimbabwe Lawyers for Human Rights (ZLHR) member, Denford Halimani of Wintertons. The parents argued that Mavima had breached constitutional provisions by annulling the results when only Zimsec could do so. They wanted the resit conducted variably or to be cancelled altogether and argued that the 8 day period set aside for students to prepare for the re-sit “is inadequate and unduly constraining”
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According to the lawyer for the respondents, Mavima and Zimsec, Tawanda Zvobgo, it was imperative for Zimsec to preserve the integrity of the country’s examination system as approximately 15 000 students out of the 260 000 had cheated.

Justice Matanda Moyo was highly critical of Zimsec and called for an overhaul of the exams body. She noted that it would be unfair to punish the innocent along with the guilty and that the rewrite would impose a financial burden on parents. Justice Matanda-Moyo also agreed that the notice given to the students was short.

We Will Share The Full Judgement As Soon As It Becomes Available

High CourtLoice Matanda MoyoPaul Mavima

The High Court of Zimbabwe is one of the Superior Courts of Zimbabwe. The High Court deals at first instance with all high value and high importance cases. It also has a supervisory jurisdiction over all subordinate courts and tribunals. Appeals from the High Court... Read More About High Court

Loice Matanda Moyo is a Zimbabwean lawyer and a judge of the High Court of Zimbabwe. She was appointed by the then President Robert Mugabe in 2013. Justice Loice Matanda Moyo was sworn in on the 14th of July 2014, by Robert Mugabe. Before her... Read More About Loice Matanda Moyo

Paul Mavima is a Zimbabwean politician , academic and certified financial planner.He is currently the Minister of Primary and Secondary Education and the Member of Parliament for Gokwe Sengwa Constituency. Read More About Paul Mavima

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11 comments

  1. Sandy Reply

    Woow thats a welcome development. Zimsec needs to tighten its security mechanism and avoid such scenarios from happening again.

  2. Teacher Reply

    We have a minister who makes decisions out of the blues without consideration of the students and parents and other stakeholders. This is pathetic, one is left wondering how some people end up in some critical positions like these when they lack that critical thinking and decision making attributes.

  3. Dot Reply

    The President may have unleashed a loos cannon in Mavhima that ministry may not be lucrative to the perennial thieves but it sure is important to the pulse of our social life.15 billion ikabiwa tinowana donnor.but wasting the time fir the youth should and must be curtailed before long

  4. Tarisai Reply

    it is indeed a relief thanx to those parents and lawyers who stood for us ….yessssssssssssssss

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