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Father sues ZIMSEC, minister over 9-subject O' Level cap
2 hrs ago |
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A Harare father has approached the High Court challenging a government directive that limits Ordinary Level candidates to a maximum of nine examination subjects, arguing that the policy unlawfully restricts access to education and unfairly disadvantages high-achieving learners.
Walter Mutowo, acting on his own behalf and as guardian of his minor son, Anesu Mutowo, filed the application on Wednesday seeking to overturn the directive after his son was forced to drop three subjects he had already registered and paid for at Mutare Boys High School.
The application cites the Zimbabwe School Examinations Council (ZIMSEC), the Minister of Primary and Secondary Education, and Mutare Boys High School as respondents.
Mutowo said he registered his son for 12 O-Level subjects and fully paid the examination fees on March 16, 2026, only to be informed eight days later that a new policy required the number of subjects to be reduced to nine.
"To my utter shock, on March 24, 2026, I was advised by the head of Mutare Boys High that, pursuant to a new policy directive, they are forced to reduce his registered subjects from 12 to nine," he said in his founding affidavit.
The directive is contained in Secretary's Circular No. 10 of 2024, issued under the Heritage-Based Curriculum Framework, which recommends a maximum of nine learning areas at O-Level and three at A-Level.
Mutowo argues that neither the ZIMSEC Act nor the Education Act empowers authorities to impose such a restriction, and contends that the policy is ultra vires and therefore unlawful.
He further claims the directive violates constitutional protections, including Section 75, which guarantees the right to education, and Section 68, which provides for administrative justice.
According to Mutowo, the abrupt enforcement of the cap after payment and registration created a breach of legitimate expectation and caused financial and academic prejudice.
"It stifles intellectual curiosity and forces high-achieving learners to abandon disciplines that could shape their future professional endeavours. The State is effectively legislating a ceiling on intellectual excellence," he argued.
He also raised concerns over the financial implications, noting that ZIMSEC had accepted payment for 12 subjects before enforcing the cap, leaving him uncertain whether to seek partial refunds or transfer his son to another examination centre.
The draft court order seeks to set aside Clause 3.3 of the Heritage-Based Curriculum Framework and allow Anesu to sit for all 12 subjects already paid for. It also seeks an order compelling ZIMSEC and the ministry to pay legal costs.
The Heritage-Based Curriculum Framework 2024–2030, introduced through Secretary's Circular No. 10 of 2024, replaced the Competence-Based Curriculum and introduced limits on subject combinations at lower secondary level.
The case highlights growing debate around the policy, particularly among academically advanced learners, following previous instances where students were required to obtain special permission to exceed standard subject limits.
Walter Mutowo, acting on his own behalf and as guardian of his minor son, Anesu Mutowo, filed the application on Wednesday seeking to overturn the directive after his son was forced to drop three subjects he had already registered and paid for at Mutare Boys High School.
The application cites the Zimbabwe School Examinations Council (ZIMSEC), the Minister of Primary and Secondary Education, and Mutare Boys High School as respondents.
Mutowo said he registered his son for 12 O-Level subjects and fully paid the examination fees on March 16, 2026, only to be informed eight days later that a new policy required the number of subjects to be reduced to nine.
"To my utter shock, on March 24, 2026, I was advised by the head of Mutare Boys High that, pursuant to a new policy directive, they are forced to reduce his registered subjects from 12 to nine," he said in his founding affidavit.
The directive is contained in Secretary's Circular No. 10 of 2024, issued under the Heritage-Based Curriculum Framework, which recommends a maximum of nine learning areas at O-Level and three at A-Level.
Mutowo argues that neither the ZIMSEC Act nor the Education Act empowers authorities to impose such a restriction, and contends that the policy is ultra vires and therefore unlawful.
He further claims the directive violates constitutional protections, including Section 75, which guarantees the right to education, and Section 68, which provides for administrative justice.
According to Mutowo, the abrupt enforcement of the cap after payment and registration created a breach of legitimate expectation and caused financial and academic prejudice.
"It stifles intellectual curiosity and forces high-achieving learners to abandon disciplines that could shape their future professional endeavours. The State is effectively legislating a ceiling on intellectual excellence," he argued.
He also raised concerns over the financial implications, noting that ZIMSEC had accepted payment for 12 subjects before enforcing the cap, leaving him uncertain whether to seek partial refunds or transfer his son to another examination centre.
The draft court order seeks to set aside Clause 3.3 of the Heritage-Based Curriculum Framework and allow Anesu to sit for all 12 subjects already paid for. It also seeks an order compelling ZIMSEC and the ministry to pay legal costs.
The Heritage-Based Curriculum Framework 2024–2030, introduced through Secretary's Circular No. 10 of 2024, replaced the Competence-Based Curriculum and introduced limits on subject combinations at lower secondary level.
The case highlights growing debate around the policy, particularly among academically advanced learners, following previous instances where students were required to obtain special permission to exceed standard subject limits.
Source - Zimlive
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