Age for enrollment for pre-primary and primary school education

My daughter turned 5 years on 12 December last year. In January this year I approached the headteacher of the school where she is pursuing pre-primary school to enroll her for primary education. The headteacher refused my request on the ground that a 5 years old child is not eligible for enrollment for primary education. I feel this refusal is against the child’s right to education. May I know if there is any law prescribing the minimum age for enrollment of a child to a school for primary education?
KJ, Dar es Salaam

There are three laws that govern the age for enrollment for pre-primary and primary education in Tanzania namely the Education Act [Cap.353 R.E 2002], the Primary School (Compulsory Enrollment and Attendance) Rules, 2002 and the Education (Admission to Government Schools) Regulations, 2002.

Section 35(1) of the Education Act prescribes 7 years as the compulsory age for enrollment of a child to a school for primary education. In ensuring the child’s right to education, the Parliament in 2009 amended section 35 of the Education Act through the Law of the Child Act, by authorising enrollment of a child above the age of 7 years for primary education. Section 35(1) of the Education Act provides compulsory and not eligibility age for enrollment to a school for primary education. In other words, section 35(1) of the Education Act does not render a child under the age of 7 years ineligible for enrollment for primary education. It only makes it mandatory for a parent or a guardian to enroll her/his child who has attained the age of 7 years and open the door for enrollment.

However, for Government primary schools, regulation 4 of the Education (Admission to Government Schools) Regulations, 2002 expressly denies admission of a child under the age of 7 years to Government primary school for primary education unless the child is expected to turn 7 years on 31 March of the year the admission is sought.

Based on the above, please note that in respect of private schools, there is no express statutory prohibition that a child under 7 years cannot be enrolled for primary education in a private school. There may be administrative circulars issued by the Ministry of Education to guide private primary schools on the minimum age for enrollment for primary education, but we are not aware of any such circulars and we recommend you also check with the Minister.