Harare Father Challenges ZIMSEC O-Level Subject Cap in High Court

HARARE – A Harare father has approached the High Court seeking to overturn a government directive limiting Ordinary Level candidates to a maximum of nine subjects, arguing that the policy unlawfully restricts academically gifted learners and violates constitutional rights. Walter Mutowo, acting both in his personal capacity and as the natural guardian of his son, Anesu Mutowo, filed the application on Wednesday after Mutare Boys High School allegedly forced the pupil to drop three subjects he had already registered and paid for.

The application, prepared by lawyer Lenon Rwizi of Hamunakwadi & Nyandoro Law Chambers, cites the Zimbabwe School Examinations Council (ZIMSEC), the Minister of Primary and Secondary Education, and Mutare Boys High School as respondents.

According to court papers, Mutowo registered his son for 12 O-Level subjects and paid the full examination fees on 16 March 2026. However, eight days later, the school informed him that a new policy directive required learners to register for no more than nine subjects.

In his founding affidavit, Mutowo said the decision came as a shock because his son had already enrolled, paid examination fees and begun preparing for all 12 subjects.

“To my utter shock, on March 24, 2026, I was advised by the head of Mutare Boys High that, pursuant to a new policy directive, they are forced to reduce his registered subjects from 12 to nine,” he stated.

The school reportedly based its decision on the Heritage-Based Curriculum Framework 2024–2030, introduced through Secretary's Circular No. 10 of 2024, signed by Ministry of Primary and Secondary Education Secretary Moses Mhike.

The circular recommends a maximum of nine learning areas at O-Level and three at A-Level.

Mutowo argues that neither the Zimbabwe School Examinations Council Act nor the Education Act grants ZIMSEC or the minister authority to impose a limit on the number of subjects candidates may sit for.

He contends that the directive is therefore ultra vires beyond the powers granted by law and should be declared invalid. The application further argues that the policy violates Section 75 of the Constitution, which guarantees the right to education, and Section 68, which protects the right to lawful, reasonable and fair administrative conduct.

Mutowo claims the policy disproportionately affects high-performing learners by restricting their academic opportunities.

“It stifles intellectual curiosity and forces high-achieving learners to abandon disciplines that could shape their future professional endeavours. The State is effectively legislating a ceiling on intellectual excellence,” he argues in court papers.

He also says the sudden enforcement of the directive violated his son's legitimate expectation because ZIMSEC had already accepted payment for all 12 subjects before the policy was applied. The father described the situation as unfair, noting that he was left with the option of seeking a partial refund for the excluded subjects or withdrawing his son and finding another examination centre willing to accommodate all 12 subjects.

Zimbabwe's education system has traditionally allowed learners to sit for an unlimited number of O-Level and A-Level subjects. The Heritage-Based Curriculum Framework, introduced as part of wider education reforms, replaced the Competence-Based Curriculum and introduced recommended subject limits aimed at streamlining learning pathways.

However, the policy has generated debate among parents, educators and learners, particularly regarding its impact on exceptionally gifted students. The issue attracted national attention last year when a learner at Pamushana High School sat for 12 A-Level subjects and achieved 56 points after special arrangements reportedly had to be made due to examination timetable clashes.

Mutowo is seeking an order declaring Clause 3.3 of the Heritage-Based Curriculum Framework unlawful and setting it aside. He also wants the court to direct that his son be allowed to sit for all 12 subjects for which examination fees were paid and to order ZIMSEC and the minister to pay legal costs. The matter is pending before the High Court.

ZIMSEC O-Level subject cap