The Herald (Harare)

Zimbabwe:Reinstate Lower Six Pupil, Ministry Told

3 November 2009


Harare — The Ministry of Education, Sport, Arts and Culture has been ordered to reinstate a Lower Six Queen Elizabeth pupil who had been withdrawn because she had failed to pass the requisite five Ordinary Level subjects last year.

The High Court handed down the provisional order in Netsai Chivanga's favour last Friday, pending a full inquiry into her dismissal from the school in September.

Justice Susan Mavangira gave the order after the Attorney-General consented to the girl's re-admission.

Netsai had enrolled for Lower Six at Queen Elizabeth after the ministry ruled that students could proceed from Form Four on the basis of the their mid-year tests in lieu of their "O" Level results.

This was after the Zimbabwe School Examinations Council had failed to process the results on time.

The ministry had indicated that those who subsequently found they did not have sufficient passes but had already started "A" Level studies could simultaneously supplement their "O" Level results while continuing with Lower Six.

However, the school dismissed the girl when it was found she only had four "O" Level passes, a decision that the district education office endorsed.

She was already studying Economics, Accounts and Business Studies on the strength of her mid-year results.

The girl's father, Mr Bernard Chivanga -- who chairs the school's development committee -- filed an urgent chamber application for his daughter to be allowed to proceed with her studies.

He cited Education, Sport, Arts and Culture Minister David Coltart as respondent in his official capacity.

"Pending the determination of this matter, the respondent is hereby ordered to allow the applicant's child Netsai Chivanga to continue attending 'A' Level classes at Queen Elizabeth School," ruled Justice Mavangira.

Netsai had been attending classes and paying fees since February. On September 3 the school head verbally advised her to go home after seeing her "O" Level results.

She was advised to repeat Form Four if she was interested in continuing her education at the school.

Mr Chivanga, in his application, submitted that his daughter was doing well in school and should be allowed to complete her studies.

She scored seven points in the mid-year examinations.

He said several pupils at the same school were continuing with their studies though they had scored similar, or even lower passes than his daughter at "O" Level.

It was submitted that the girl was humiliated and traumatised by the school's decision and that her future was hanging in the balance.

Mr Chivanga said he initially took the matter up to the district education offices where the school's decision was upheld, prompting him to approach the High Court.

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