JOB GONDORA

and

PETER MATONGO

versus

ZIMBABWE SCHOOL EXAMINATIONS COUNCIL

HIGH COURT OF ZIMBABWE

CHIRAWU-MUGOMBA J

HARARE, 26 and 28 June 2018

Opposed Application

T Maanda, for the applicants

T.Z Zvobgo, for the respondent

        CHIRAWU-MUGOMBA J: In this application, the applicants pray for the following order;-that-

1. Respondent’s decision to cancel and withhold all Ordinary Level results of the applicants’ minor children namely, Ruvimbo Gondora (Candidate no. 3039, and Pamela Matongo (Candidate no. 3086) is hereby set aside.

            Or alternatively

2. Respondents decision to cancel and withhold the Ordinary Level results of the applicants’ minor children namely, Ruvimbo Gondora (Candidate no. 3039, and Pamela Matongo (Candidate no. 3086) of subjects in examinations other of mathematics in unlawful.
3. Accordingly respondent shall provide the applicants’ minor children with the ordinary level results in respect of all other subjects they wrote except mathematics which shall not be referred to on the certificate of the ordinary level results.
4. The respondent’s regulations called, “ Zimbabwe School Examination Description Of Malpractice and Schedule of Penalties” are invalid to the extent that they are ultra vires sec 34(2) of the Zimbabwe School Examination Council Act (Chapter 25:18) and s68(1) of the Constitution of Zimbabwe.