FactSheet: Does ZIMSEC have powers to cancel or nullify results?

The Zimbabwe School Examinations Council (ZIMSEC) nullified the results of nearly 5,000 Ordinary Level candidates over allegations of cheating during the 2022 end of year public examinations.

The council said it cancelled the results of students who had pre-access to the question papers at different examination centres around the country, in accordance with Section 34 of the Zimbabwe School Examinations Council Act.

Errant candidates were sniffed out when they were sitting for the examinations, as well as during the marking of scripts and reviewing of grades stage.

Educators Union of Zimbabwe secretary-general Tapedza Zhou said they have never witnessed something like this since Zimbabwe’s independence.

Here is a snapshot of what the law says about cancellation of examinations and annulment of results:

What informs ZIMSEC’s mandate?

Section 34(1) of the ZIMSEC Act says subject to regulations made in terms of section thirty-six, the Board (ZIMSEC) may cancel or postpone any examination or annul the results of any examination, either throughout Zimbabwe or in respect of any examination centre or area within Zimbabwe, if the Board is satisfied that—

(a) an unauthorized person has obtained access to any examination material; or

(b) the contents of any examination material have been revealed to an unauthorized person; or

there has been an impersonation of a candidate sitting the examination or any other form of fraud or dishonest conduct in regard to the examination; or

(d) any rule or regulation governing the examination has been contravened; and that it is necessary to cancel or postpone the examination or annul the results, as the case may be, in order to preserve the integrity of the examination system in Zimbabwe.

What will ZIMSEC do if examination regulations have been contravened?

Section 34 (2d) and (3) of the Act stipulates that:

…the Board may prohibit him from sitting the examination or may annul his results or withdraw any certificate, diploma or award given to him in respect of the examination, as may be appropriate.

It shall not be necessary for the Board to consult or invite representations from any person before canceling or postponing an examination or annulling the results of an examination in terms of subsection (1).

What offences will lead to Annulment

Gaining access to any examination materials without lawful cause
Revealing the contents of any examination material to an unauthorized person; or
maliciously damaging or destroying examination material
Sitting or offering or attempting to present oneself at an examination with the intention of impersonating another person
Presenting a forged certificate or diploma to a prospective employer or to an institution of learning with intent to gain employment or admission
Printing or selling any certificate or award of the Council without authorization.

Besides annulment, what are the legal consequences?

Anyone found guilty of the above offenses shall: be liable to a fine not exceeding Level Seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

Sources

Zimbabwe School Examinations Council Act.
Zimbabwe School Examinations Council.

This factsheet was compiled by Bridget Mabanda, an intern at ZimFact and the deputy news editor of a college fact checking club at Harare Polytechnic initiated by ZimFact.

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