Student To Sue Zimsec For Withholding Her O’ Level Results
Ashley Mutandwa, a 2020 Ordinary Level candidate, is threatening to sue the Zimbabwe Schools Examination Council (Zimsec) for withholding her Mathematics results over allegations of cheating.
Ashley sat for the O level Maths exam last year at Intellect College but failed to obtain her results as the examinations baord withheld them on allegations that she cheated. Zimsec is questioning why she excelled in one paper after failing dismally in the other.
Angered by the Zimsec’s conduct, the candidate, through Alex Majachani of Alex F & Associates, wrote to Zimsec threatening to take up the matter to the High Court of Zimbabwe unless concrete evidence is released.
Zimsec has chosen to communicate with the college alone while excluding the affected student, to which the candidate believes that her constitutional right to be fairly heard was infringed upon by the examinations body.
“Zimsec has chosen to adopt a flawed procedure in making exclusive communication with the College only where the rights at stake are those of our client. You would appreciate that Zimsec is undoubtedly an administrative body governed by the provisions of section 68 of the Constitution as read with section 3 of the Administrative Justice Act (Chapter 10:28),” Majachani said.
According to Majachani, Zimsec violated the Administrative Justice Act after informing the college the reasons for withholding of results were supported by police reports that were never provided to his client for consideration.
By letter to Zimsec, a request for the said police report was demanded to be made available to enable the client to get a fair platform to address them.
Majachani also questioned the basis on which Zimsec based the cheating allegations, saying that though his client performed very good in one paper, then poorly in another there was no link of her having accessed a leaked paper.
“In view of the aforementioned issues, we have instructions to demand, as we hereby do, that unless acceptable evidence linking our client to the examination malpractice, her results must be released forthwith failing which we have instructions to seek appropriate legal relief. We advise accordingly, and trust that you shall furnish us with the necessary evidence and link within ten (10) days of receiving this letter to enable resolution this matter amicably,” he demanded.
Zimsec is yet to respond to the demands.