
EDUCATION LAW
The South African Constitutional Court in Moodley v Kenmont School & Others 2020 (1) BCLR 74 (CC) at para 1 held that, ‘Education does not advance only individual children, it also advances the common good, who we are and must be as a nation.’
The Government of Zimbabwe recognises two types of schools that is Government Schools and Non-Governmental Schools. The latter are also known as Independent or Private Schools in Zimbabwe. The High Court in Chikiwa & Another v St George’s College 2020 (2) ZLR 587 (H) held that the right to education envisaged in section 75 of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 does not extend to independent and private schools in Zimbabwe, rather it is limited to Government Schools.
There are numerous independent schools in both urban and rural areas in Zimbabwe. More so independent pre-schools, primary schools and private secondary schools. It is important to note that once a parent or legal guardian secures a placement for enrolment of their child at an independent or private school in Zimbabwe, a contractual relationship is created in terms of which a parent and school relationship is formed. Unlike a government school which cannot refuse entry to a student for non-payment of fees, students who attend independent and private schools in Zimbabwe may be excluded from school on the basis of failure to pay school fees. see Chinyama v Bhebhe & Others 2021 (1) ZLR 523 (H).
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