Chronicle Editor
School authorities continue to infringe on children’s right to education by sending pupils away for non-payment of fees or withholding results of public examinations.
In 2011, the Bulawayo High Court ruled that it is parents or guardians who undertake to pay all fees for their children when they bring them to school. The school authorities should therefore take legal action against parents in the event of them failing to pay the fees.
Schools fees payment obligation is therefore a contract between a parent or guardian and the school concerned and not the pupil. The High Court made it clear that it is improper to use pupils as pawns to enforce payment by either turning them away or withholding examination results.
It seems most school authorities have decided to defy this High Court ruling hence they continue to send pupils away or withholding examination results for non-payment of fees. Last week the Bulawayo High Court declared unconstitutional the refusal by Ihlathi High School in Bulawayo to release results of an Ordinary Level candidate over outstanding fees and referred the matter to the Constitutional Court (ConCourt).
The pupil, Prudence Moyo through her lawyer Mr Bruce Masamvu of Dube-Tachiona and Tsvangirai Legal Practitioners, asked the court to refer the matter to the ConCourt for constitutional declaration. The school has since February 2016 been refusing to release Prudence’s results demanding to be paid outstanding fees first.
Justice Nicholas Mathonsi ruled that the conduct of the school authorities was inconsistent with the Constitution of Zimbabwe. “The conduct of the respondents to withhold applicant’s Ordinary Level results on the basis of non-payment of school fees is inconsistent with the Constitution of Zimbabwe,” said Justice Mathonsi.
He said the actions of the respondents were unconstitutional and an infringement of the applicant’s right to education. He referred the matter to the ConCourt for a constitutional declaration. Prudence did Form One to Four at Ihlathi High School in Tshabalala. At the time the Ordinary Level results were released, Prudence owed the school $412.
The school has since then been refusing to release the results demanding to be paid the outstanding fees first. Prudence has as a result of the school authorities’ actions, failed to progress with her education. Mr Masamvu said the Constitution of Zimbabwe guarantees a right to basic adult education which is State funded and as such Ihlathi school authorities had no right to infringe on Prudence’s rights on the basis of failing to pay fees.
We feel it is time school authorities that continue to defy court rulings be punished. Prudence has lost two years of education because of the illegal actions of Ihlathi school authorities. School authorities that continue to punish pupils for non-payment of fees instead of taking legal action against their parents or guardians should be punished.
There is also a need to compensate pupils whose rights are infringed by illegal actions of school authorities.
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