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OpenARTUZ Welcomes New Education Regulations, Criticizes Parental Funding Clause
The Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) has welcomed the recent gazetting of education regulations aimed at enforcing the implementation of both the Education Act and the Constitution.
Among the key provisions, the regulations prohibit schoolchildren from visiting teachers’ quarters without a valid reason and ensure that no student will be denied access to education due to unpaid fees or levies, lack of a birth certificate, pregnancy, or poor academic performance.
The regulations were gazetted by Primary and Secondary Education Minister Torerayi Moyo on Friday, 14 February, through Statutory Instrument 13 of 2025.
In a statement issued on 15 February, ARTUZ acknowledged the inclusion of eight progressive policies and recommendations from its quarterly monitoring reports.
However, the union expressed strong concerns about sections 20 (2) & (3) of the regulations, arguing that these provisions violate section 75 of the Constitution.
ARTUZ warned that the sections, which mandate parents to fund basic education, could further limit access to education for many children. ARTUZ said:
Section 75 (1) – Every Citizen and Permanent Resident of Zimbabwe has a right to; a basic state-funded education, including adult basic education; and
Further education that the state must make available progressively through laws, and other measures.Section 75 states that access to State-funded basic education is absolute. Progressive realization of state funding only applies to further education not basic education.
We find the gazetted regulations violate this basic right.
ARTUZ also criticized the requirement for fee payment before schools open, highlighting its negative impact on payment plans that have helped keep students in school. The union said:
Schools have been engaging with parents on payment plans. These regulations are against the spirit of payment plans which have kept learners in school.
The Minister should have clarified how the state is going to fully fund basic education not to transfer the burden to struggling parents.
The mere assertion that no learner should be turned away from school for failing to pay fees is inadequate.
ARTUZ commended the Minister for addressing crucial issues, including the handling of sexual abuse cases, school feeding programs, school discipline, and support for learners with disabilities and pregnant girls, among others.
However, the union expressed disagreement with Section 12(C), which grants parents the authority to withdraw their pregnant children from school. ARTUZ said:
The Education Act makes it an offence for parents to keep children at home. Parents should not be allowed to decide whether a pregnant girl should stay in school or not.
Some parents may pull girls out of school for either cultural or religious reasons. The right to education for pregnant girls should be absolute.
The regulations are silent on the provision of sanitary pads which is a critical issue provided in the Education Act.
ARTUZ argued that the regulations make it easier for school heads to expel students. The union believes the regulations should have specified that expulsion should be a last resort, only after all other clearly defined options have been exhausted.
Under the current provisions, first-time offenders could be expelled for what are considered serious offences.
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