Online Reporter
Zvamaida Murwira, [email protected]
THE National Assembly has adopted tougher penalties for examination cheats while approving an elaborate appeal mechanism for candidates or examination centres aggrieved by decisions made by the Zimbabwe Schools Examination Council (Zimsec) regarding malpractice.
The amendments were finalised during debate on the Zimsec Amendment Bill recently, where legislators agreed to increase the maximum penalty for exam malpractice from the initially proposed two years to five years.
They also added a clause allowing an aggrieved candidate or examination centre to appeal an adverse decision — such as deregistration — to the responsible minister.
Government gazetted the Zimsec Amendment Bill last year to strengthen security in the management of public examinations, which have previously been marred by leakages and other forms of malpractice.
During the Committee Stage, where legislators examined the Bill clause by clause, the National Assembly adopted a proposal from Kuwadzana Member of Parliament, Mr Charlton Hwende, to raise the penalty for exam cheating from Level 7 to the maximum Level 14 on the standard scale of penalties.
Level 14 carries a fine, five years’ imprisonment, or both, while Level 7 provides for a two-year jail term.
Mr Hwende moved that Clause 8 of the Bill be amended to increase penalties for a range of offences, including impersonating a candidate, unlawful possession of examination materials, and forging documents such as examination results.
He noted that Primary and Secondary Education Minister Torerai Moyo had initially proposed Level 7, but argued that tougher penalties were necessary given the gravity of the offences.
“So, the Minister is suggesting Level 7, and in line with the thinking in Cabinet on the seriousness of organised exam paper leaking, I am suggesting that we move it to Level 14 so that we take care of the good concerns of our Cabinet on people who leak examination papers,” Mr Hwende said.
Minister Moyo concurred with the proposal.
“I agree with the proposal made by Honourable Hwende because we want to take deterring measures so that whoever participates in the leakage will be guilty of an offence equivalent to Level 14,” he said.
Legislators also adopted additional amendments proposed by Proportional Representation MP for Harare Metropolitan, Mrs Ellen Shiriyedenga (CCC), allowing any person or institution aggrieved by a Zimsec board decision to appeal to the responsible minister.
Such decisions include denial of registration as an examination centre, the scope of registration, or cancellation of registration as an examination centre. Mrs Shiriyedenga noted that the current Bill did not provide an appeal process.
“So, in this case, I am proposing that, in the spirit of administrative justice, if someone is not happy with the decision of an institution, they can appeal to the Hon. Minister. If they are still dissatisfied, they can proceed to the High Court,” she said.
Dzivarasekwa MP, Mr Edwin Mushoriwa, added that while an appeal mechanism exists in the Education Act, it was absent from the Zimsec Act and the Bill under consideration.
“In fact, if you go through it, you will see that in the new Bill, the Honourable Minister, you gave power to Zimsec to deny or revoke an examination centre. What this amendment seeks to do is to align it with the other Acts under your purview, like the Education Act,” said Mr Mushoriwa.
Minister Moyo agreed with the proposed amendments.
“Hon Chair, we can agree with the proposal. It is okay. The clause states that those who are aggrieved have a right to approach the Minister in the event of some disputes or if they are not happy with the decision made by Zimsec. So, they are free to approach the Honourable Minister,” he said.
Following the adoption of the amendments, the Bill was referred to the Parliamentary Legal Committee to examine whether the changes are consistent with the Constitution.
