After being deferred on Monday the High Court case in which two parents are suing ZIMSEC for nullifying English Paper 2 results and ordering a resit continued at 1400 hours yesterday as had been scheduled. This is after lawyers representing ZIMSEC had been given the opportunity to file the response.

ZIMSEC gets a tongue lashing from the judges

The case which is being heard by two High Court Judges Justice Loice Matanda Moyo and  Priscilla Munangati-Manongwa  took an interesting turn when the the former expressed shock that heads were not rolling at the board given the level of bungling in which they had handled the matter.

In minutes made by ZIMSEC after the leak was discovered officials at ZIMSEC clearly admit it is their fault that the paper was leaked. What more, it seems they have no idea at which stage(s) the paper leaked. According to the minutes the paper could have leaked at setting of the examination, printing, collection and distribution, among other levels.

More likely there were multiple leaks at each stage. It is even more likely that other papers leaked as well even though ZIMSEC is pretending this is the only paper that leaked. The truth is given their shambolic system, every paper could have leaked and they would still be non-the wiser.

Justice Munagati-Manongwa pointed out that Zimsec was acknowledging being at fault.“Going by this statement, they are acknowledging bungling. They are found wanting. This has been acknowledged by the board members who then went on to suggest remedies to the matter.”

The judges asked ZIMSEC lawyer why others should pay for the mistakes of the board as parents and candidates where now being clearly asked to do. The judges were also unhappy about the blanket rewrite which mean hundreds of thousands of children and their guardians were now paying the price even though they were innocent.

Judgement is expected today

In the end however lawyers representing ZIMSEC pointed out the fact that the two parents can only represent their children and not the entire body of candidates. This fact was acknowledged by the parent’s lawyer.

The court is expected to rule on whether the rewrite should continue or not today (Wednesday). This ruling would be on the matter brought before them by the parents: that is ZIMSEC nullifying the results as it did was unconstitutional. They also want a ruling on the fact that the nullification of results was done by the government through the Minister of Primary and Secondary Education.

Will the exam be cancelled

Seriously right now it is too hard to tell. The lot can fall either way. While the judges seemed unhappy with ZIMSEC not instituting radical changes even after the leaks were discovered it important to point out this would not affect ZIMSEC’s order to have candidates resit the paper.

Another point to note is that this is not a class action suit i.e. not all candidates are being represented here. The judges are ruling strictly on the matter before them i.e. the case of two parents and their children not the entire body of candidates affected.

My advice is until the judges say otherwise assume the exam will be rewritten as ordered by ZIMSEC. For those who were borders please travel to your school while there is still time to do so. Read people. Read.