Unconstitutional Education Bill passed by ZANU-PF majority

By Tererai Karimakwenda
02 March 2006

A majority of ZANU-PF members of parliament voted to pass the controversial Education Amendment Bill on Tuesday, despite a report by the Parliamentary Education Committee which said this legislation was unconstitutional. The bill gives powers to the Education Minister and secretary to determine school fees and allows them to prescribe jail terms or fines to any school officials who defy them. MPs were recalled to attend an emergency session of the House of Assembly after Parliament had adjourned till March 28, and 45 ZANU-PF MPs voted for the Education Amendment Bill, against 21 MDC MPs who objected to it.

MDC MP for Chitungwiza Fidelis Mhashu said the Education, Sport and Culture Committee which he heads in parliament published a report last year which said there were elements of the bill that were unconstitutional. He said the most offensive section was the one that prevented individuals or religious groups from establishing their own schools. Mhashu said as a result the proposed bill was sent back to the Education Minister and secretary and they in turn sent it to cabinet. At this point, said Mhashu, the cabinet revised it and removed some sections, then sent it back to the House of Assembly.

The Bill eventually made its way to the Senate, which in turn debated and revised a few more sections, then sent it back to the Assembly. On Tuesday ZANU-PF parliamentarians took advantage of their majority and voted in favor of this now slightly different Bill. But the powers given to the Education Minister were still intact. As it is, this approved legislation allows for the jailing of headmasters and school officials for periods up to six months if they charge fees not approved by the government. Mhashu said fees should be left up to the schools since they might want to raise money for computers or for a new school bus. All that is now required for this bill to be passed into law is a signature from Mugabe.

The quality of education has deteriorated considerably over the last 5 years. Hyper-inflation rates are pushing up tuition fees and teachers have been denied pay increases, forcing many to seek opportunities outside the country. University students have responded by organizing several demonstrations countrywide since February. Six student leaders were arrested on Monday and released on Wednesday, but only after being assaulted.