The right to basic education in Zimbabwe

The right to basic education in Zimbabwe

The right to basic education in Zimbabwe is one of the oldest government policies in Zimbabwe since attainment of independence on 18th April 1980. see A v Commission of Taxes 1988 (1) ZLR 344 (HC) 351.

It must be mentioned at the onset that the right to basic education is not like any other social – economic right which is generally limited to the available resources of the state. In terms of section 75(1)(a) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (‘the Constitution) every citizen and / or permanent resident of Zimbabwe has a right to basic state – funded education in Zimbabwe.

The term basic education, which also includes: adult basic education, is what is commonly known as primary education. This is education from early childhood up to the fourth form. Thus, every educational institution in Zimbabwe which provides non – secondary or non – tertiary education is engaged in providing basic education i.e., primary education.

The right to ‘further education’ i.e., secondary education (Advanced Level) and tertiary education including vocational training, degree and diploma programs in terms of section 75(1)(b) of the Constitution is only subject to the availability of state resources. Resultantly, there is a distinction between the right to basic education in terms of section 75(1)(a) of the Constitution, and further education.

Every child of school going age in Zimbabwe has a right to be afforded equal opportunity to access education. The right to education as envisaged by section 75 of the Constitution is in relation to state funded education. see Makani & Others v Arundel School & Others 2016 (2) ZLR 157 (CC).

Is there equal opportunity for education in Zimbabwe?

Yes. Section 4 of the Education (General) Regulations, 2025 provides for equal opportunity to education. This means that every child of school going age is afforded in Zimbabwe equal opportunity to access education.

Is basic education compulsory in Zimbabwe?

Yes. Basic education is compulsory in Zimbabwe and, if the parents or legal guardians of a child of school going age cannot afford tuition fees and levies at a government school, the State has an obligation to assist, within the limits of the resources available to it, in providing that education. This means that every citizen and / or permanent resident of Zimbabwe has a right to basic state – funded education in Zimbabwe in terms of section 4(2) of the Education (General) Regulations, 2025.

Who has the right to select a school in Zimbabwe to which a child should attend?

The right to select a school whether in Zimbabwe or abroad lies with the custodial parent. In Makuni v Makuni 2001 (1) ZLR 189 (H) the court held that the custodial parent is vested with all the rights that entail the nurturing, shaping and bringing up of a minor child.

The High Court in Berens v Berens 2009 (1) ZLR 1 (H) held that the rights of a custodian parent include the right to determine where the child should go to school. There is no obligation on the custodial parent to consult the non – custodian parent.