Zimbabwe’s National Assembly has approved tougher penalties for exam cheating, increasing the maximum sentence to five years in prison. The amendments also introduce an appeal process for candidates and examination centres dissatisfied with Zimsec decisions. The Bill now awaits review by the Parliamentary Legal Committee for constitutional alignment.
The National Assembly has approved amendments to the Zimsec Amendment Bill that will see individuals convicted of examination cheating face a maximum penalty of five years in prison, as part of efforts to strengthen the integrity of Zimbabwe’s public examination system.
The changes were adopted during the Committee Stage of the Bill, where legislators reviewed the proposed law clause by clause and agreed to increase the penalty for examination malpractice from the initially proposed two-year jail term to a harsher five-year sentence.
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The amendment raises the penalty level from Level 7 to Level 14 on the standard scale of penalties. Level 14 carries a fine, imprisonment for up to five years, or both, while Level 7 provides for a maximum of two years in prison.
Kuwadzana Member of Parliament Mr Charlton Hwende proposed the increase, arguing that stronger punishment was necessary to address the seriousness of examination leakages and related offences. His proposal focused on Clause 8 of the Bill, which deals with offences such as impersonating candidates, unlawful possession of examination materials, and forging examination results.
“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,” said Mr Hwende.
Primary and Secondary Education Minister Torerayi Moyo supported the proposal, agreeing that stricter penalties would serve as a deterrent to those involved in examination malpractice. “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.
The Zimsec Amendment Bill was first gazetted last year as part of government efforts to improve security in the management of public examinations, which have in previous years been affected by leakages and other forms of malpractice.
In addition to the increased penalties, legislators also approved amendments introducing an appeal mechanism for candidates or examination centres dissatisfied with decisions made by the Zimbabwe School Examinations Council. The new provision allows aggrieved parties to appeal to the responsible minister.
The amendment was proposed by Proportional Representation Member of Parliament for Harare Metropolitan, Mrs Ellen Shiriyedenga, who noted that the existing Bill did not provide a clear appeal process for affected individuals or institutions.
“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 supported the proposal, pointing out that while an appeal mechanism exists under the Education Act, it was not included in the Zimsec Act or the current Bill. He said the amendment would align the legislation with other laws under the Ministry of Primary and Secondary Education.
“In fact, if you go through it, you will see that in the new Bill, the Hon. 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 also agreed to the inclusion of the appeal mechanism, stating that individuals or institutions dissatisfied with decisions made by Zimsec would now have the right to approach the minister for review. “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.
The new provisions cover decisions such as denial of registration as an examination centre, the scope of registration, or the cancellation of registration. The appeal process is expected to provide an additional layer of oversight and accountability in the administration of examinations.
Following the adoption of these amendments, the Bill has now been referred to the Parliamentary Legal Committee, which will assess whether the proposed changes are consistent with the Constitution before it proceeds further in the legislative process.
