High Court quashes O-Level exam resit

HIGH Court judge Justice Loice Matanda-Moyo yesterday overturned Primary and Secondary Education minister Paul Mavima’s order compelling all the 260 000 students who sat for last November’s Ordinary Level English Paper 2 examination to be re-examined tomorrow.

BY CHARLES LAITON/OBEY MANAYITI/KUDZAI MUCHENJEKWA

The judge ordered the Zimbabwe Schools Examination Council (Zimsec) to consider releasing results using the outcome of the English Language Paper 1 examination.
Mavima last week ordered a resit following reports of massive leakages of the paper through social media.

But Justice Matanda-Moyo castigated Zimsec’s conduct which she said was going to cause more harm to the students than good.

Human rights lawyer Denford Halimani, who represented the two parents who filed the court challenge against Mavima, said the ruling effectively quashes the move to have students sit for the examination as had been directed by government.

“The court held that Zimsec should come up with results based on English Paper 1, which was written in November without any leakages,” Halimani said.

“The court, in fact, noted that it was the conduct of Zimsec which was going to punish innocent children. This probably influenced the court to come to this decision, but at this moment I need to make it very clear that we do not have the full written judgment. We have just listened to the ex-tempore ruling in chambers, so we are going to get the full reasons in due course. But the most important thing is that the children are not going to write that exam.”

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The concerned parents, Victor Mukomeka and Chingasiyeni Govhati, approached the court last week seeking a court order declaring Mavima’s announcement as null and void, arguing the minister’s decision was against the country’s laws.

The parents argued that some of the students had travelled outside the country and were likely to fail to report at their respective registration centres by tomorrow.
Contacted for comment after the court ruling, Zimsec spokesperson Nicky Dhlamini said she was in a meeting and unable to take questions.

But, sources told NewsDay that Zimsec yesterday immediately recalled some trucks that had already left for various parts of the country to distribute the examination material.

“Some trucks had already left, while others are still being loaded. The paper was printed at Fidelity Printers and they were despatched to different provinces. Since the court has ruled otherwise, there is no option, but to recall the trucks,” a source said.

“The top leadership is locked in a series of meetings since the judgment was passed, but indications are that they will comply with the decision. Pressure is mounting on them now as to the way forward.”

Meanwhile, scores of protesters had earlier marched in Harare’s central business district demonstrating against the decision to force students to retake the English Paper 2 examination.

Opposition Transform Zimbabwe supporters also participated in the protests.

Transform Zimbabwe leader Jacob Ngarivhume said it was disappointing that parents and students were expected to bear inconveniences caused by bad decisions made by Zimsec officials.

“The issue of corruption at Zimsec has grown over the years and surprisingly no action has been taken, no one has been fired and no one has resigned showing that there is a conspiracy to destroy our education system in Zimbabwe,” Ngarivhume said.

“The decision for the children to retake their exams should not be made by Zimsec and the minister alone, but parents should be consulted too because we are stakeholders.
If we are to believe what the minister says about the irregularities having been discovered after the examinations were written, one wonders why the minister waited until February to take that decision.”

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8 Comments

  1. I support the court’s ruling.

  2. Heads must roll at ZIMSEC. All those involved in the cheating should be fired.

  3. Integrity of the examination process is paramount otherwise the qualification loses credibility, the rewriting decision was correct. That heads must roll at Zimsec is beyond question in fact people should have resigned in shame

  4. While the ruling to stop the re-writing is applauded, the not so learned judges went offside in ordering the sole use of paper I for grading. The two papers examine completely different aspects of competencies in the English language.Even the weighting of the papers is different. Many more students will be disadvantage by this decision by Judges meddling in an a field they completely no nothing about. They should have allowed the expects to see how best the grading could be done. The simple thing being cancelling the results of the known culprits and living the genuine students get the marks that they worked for.The fact that zimsec is giving a figure of the number of cheats means they have identified the individuals, so why punish the rest, unless they are trying to protect their own.

    To clarify my point, its like the judges banned the use of a vehicle because the mechanic did a bad job on it and then go on to order what nut and bolt to put where. Really?

  5. Kuwiriranakwakanakakugarakunzwanana Garanewakohamandishe

    Comment…Yaaaaaa! Ndozvabuda musarudzo. Asi ndichitaura nevana, varikuti kuvhima mbada nerekeni. Bvunzo yekutanga yechingezi yakaoma, vachiti zvibhondzwa zvakawnda zvinowanika kubvnzo yepiri pabvunzo yechingezi. Nekudaro, ndirikuona vana vakawandisa vachinyora, apa isu vabereki tichazobvisa mari yekuti vanyore. Zvisineyi,
    chikuru nakare, chiitiko chese hachinakire munhu wese, hachishatire munhu wese. Zvadaro ndinoti, ZVIUyA ZVIRiMBERI. Zimsec ngaizozisa kuti vanhu vangani vakanyora bvunzo yechingezi Nov 2017 vakabuda. Ndirikona vari vashoma shoma. ZIMSEC,
    totarisira kuti goho rebvunzo ra2017 iri rinobuda zvarinhi, uye vanoenda mberi vachavhura zvarinhi?
    Uye, vozivisa nyika kuti, mari dzechikoro dzichadiwa dzakakwana here kana kuti chichatapudzwa kusvika
    papi? Kana kuti, mazuva adyiwa aya, achadzorerwa nemutowo upi. ZIMSEC, tingada kuenda muporofita,
    n’anga, GADZIRISAYI MUSHA WENYU NENGUVA. June, mwaka mitatu yasara, Nov mwaka minomwe chete chete. FIRST THINGS FIRST.

    1. Muri kuda kuti chiiko nhai vaKuwirirana?

      1. zviri kutaurwa apa ndezvekuti vatongi vakakumbirwa kuti vamise kunyorwa panzva kwe bepa rechipiri rebvunzo dze O level.Izvozvo ndochete zvavaifanira kuita.zvekutsvaka gadziriso kana kuti remedy zvaifanira kuiswa mumaoko enyanzwi dzefundo.the re-writing decision from ZIMSEC and the Minister was a very unpleasant bad decision,so is the new court judgement whereby it now orders ZIMSEC to grade the English exam basing on paper 2.Those in education circles will agree,both papers compliment each other,even in other subjects.unogona kugona paper 1 wotadza paper 2 asi wotopasa bvunzo,kanawo kutadza paper 1 asi wogona paper 2 zvokuitira.saka zvazvanzi nedare pepa 2 hakuchina zvatovharana akatadza paper 1 asi akagona paper 2 atofoira.ndichida kuwedzera ,zviri kunzi 15000 vana ndivakaonera kubva mu 260000 vakanyora;zvinoreva kuti pavana 17 vakanyora mumwechete wava cheated kana kuti 5.769% cheated.statistically that percentage is irrelevant,very small and does not affect overall performance,its not sufficient enough to disqualify an exam.in short release the results as there are.

  6. Kuwiriranakwakanakakugarakunzwanana Garanewakohamandishe

    Comment…Mukoma Gaba, ndirikuti mapepa maviri
    aya anodyidzana zvakasimba. Rimwe rinooma pane
    rimwe makore ose. Sezvo Dare rakati pashande pepa 1, ndirikuona vazhinji vakanyora bvunzo iyi vachikundikana, zvekuti vazhinji vachabuda neDs, Es neUs. Zvadaro vachanyorazve mushure mekubhadhara. Vashoma ndivo vachabuda. Asi mhosva ndinopa Zimsec neGurukota redzidzo nekunonokesa kwaitika.

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