Zimbabwe Schools Examination Council has won an appeal
against a High Court decision blocking it from ordering a re-write for the 2017
Ordinary Level English Paper 2, which had leaked resulting in the widespread
cheating by candidates who sat for the examination in that paper.
Though the appeal by Zimsec seemed academic considering the
fact that affected students have since moved on, it has a strong bearing in
future examinations in the event cheating occurs. The examination body had
approached the Supreme Court challenging the judgment by the then High Court
Judge Justice Loice Matanda Moyo who presided over the matter along with
Justice Priscilla Munangati-Manongwa.
The two judges reversed the Zimsec decision to order a
rewrite for the 2017 Ordinary Level English Paper 2 saying it was
inconsiderate. They, however, agreed that the court cannot condone
criminality as cheating had indeed taken place and confirmed the decision to
nullify the results for the English Language Paper 2.
Two parents, Mr Victor Mukomeka and Mr Chingasiyeni Govhati
— representing two minor children who wrote their Ordinary Level examinations
in 2017— had challenged the decision by the then Minister of Primary and
Secondary Education, Professor Paul Mavima to nullify the results and filed an
urgent chamber application.
In its appeal, Zimsec wanted the Supreme Court set aside
the decision refusing it to direct a resit of that examination which had been
scheduled February 16, 2018.
Justice Bharat Patel allowed the appeal.
“The application to set aside the first respondent’s
decision to have the Ordinary Level English Paper 2 examination retaken be and
is hereby dismissed,” he said.
The judge found that Zimsec decision to nullify the results
and order a rewrite of the examination, were entirely concordant with the
provisions of Section 34(1) of the Zimbabwe Schools Examination Council Act.
The Section empowers Zimsec to annul the results of any
examination which is flawed by a specified irregularity, while the provisions
of the Interpretation Act extends that power to address the consequences and
exigencies of any such nullification. Herald
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