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National Education Act, 1980
Act 30 of 1980
- Published in Official Gazette no. 4358 on 31 December 1980
- Assented to on 17 December 1980
- Commenced on 1 April 1981 by Proclamation of 1981
- [This is the version of this document from 1 April 2005 and includes any amendments published up to 6 October 2022.]
- [Amended by Amendment of the Government Service Act, 1980, and provision for matters connected therewith (Proclamation AG39 of 1984) on 30 November 1984]
- [Amended by National Education Amendment Act, 1988 on 26 July 1988]
- [Amended by Education Act, 2001 (Act 16 of 2001) on 28 October 2002]
- [Amended by Teachers' Education Colleges Act, 2003 (Act 25 of 2003) on 1 April 2005]
1. Definitions
In this Act, unless the context otherwise indicates -“Academy for Tertiary Education” means the Academy for Tertiary Education referred to in section 2 of the Academy for Tertiary Education Act, 1980 (Act 13 of 1980);[The Academy for Tertiary Education Act 13 of 1980 was repealed by the Academy Act 9 of 1985, which was repealed in turn by the University of Namibia Act 18 of 1992.]“council” means the National Education Council for South West Africa referred to in section 5(1);“Department” means the Department of National Education;“education” means any education or training, including -(a)special education;(b)education provided in a nursery school;(c)education provided to adults;(d)tertiary education as defined in section 1 of the Academy for Tertiary Education Act, 1980 (Act 13 of 1980), but excluding any such education provided by the Academy for Tertiary Education;[The Academy for Tertiary Education Act 13 of 1980 was repealed by the Academy Act 9 of 1985, which was repealed in turn by the University of Namibia Act 18 of 1992.]“education authority” means the Department and that branch, division or subdivision of a department, established for any population group under section 3 of the Government Service Act, 1980 (Act 2 of 1980), which carries on the affairs of the population group concerned in relation to those matters defined in Item 3 of the Schedule to the Representative Authorities Proclamation, 1980 (Proclamation AG. 8 of 1980);[The Government Service Act 2 of 1980 has been replaced by the Public Service Act 13 of 1995. AG 8 of 1980 was repealed by the Namibian Constitution.]“Examination Board” means the Examination Board for South West Africa referred to in section 26(1);“executive authority” means an executive authority as contemplated in the Representative Authorities Proclamation, 1980 (Proclamation AG. 8 of 1980);[AG 8 of 1980 was repealed by the Namibian Constitution.]“governing body”, in relation to any school registered under section 6, means the owner of such school or other person to whom such owner has committed the control or government of such school in accordance with section 9(6)(a);“government-aided school” means any school to or in respect of which any subsidy or grant-in-aid is paid under section 10 or a loan has been granted under the said section;“government school” means any school established and maintained or deemed to have been established and to be maintained under section 6;“handicapped child” means any person who has attained the age of three years, but not yet the age of twenty-three years, and who, in the opinion of the Secretary, deviates to such an extent from the majority of persons of his age in body, mind or behaviour that he -(a)cannot derive sufficient benefit from the instruction provided in the ordinary course of education;(b)requires special education to facilitate his adaptation to the community;(c)should not attend an ordinary class in an ordinary school, because such attendance may be harmful to himself or to other persons in that class, but is nevertheless educable and will derive sufficient benefit from special education;“legislative authority” means a legislative authority as contemplated in the Representative Authorities Proclamation, 1980 (Proclamation AG. 8 of 1980);[AG 8 of 1980 was repealed by the Namibian Constitution.]“mentally retarded child” means any person who has attined the age of three years, but not yet the age of twenty-three years, and who, in the opinion of the Secretary, cannot derive sufficient benefit from a course of education, but is nevertheless trainable and may derive sufficient benefit from special education;[The word “attained” is misspelt in the Official Gazette, as reproduced above.]“nursery school” means any school in which informal education is provided to children who has attained the age of three years, but who has at the beginning of any year concerned not yet attained the age of seven years;“officer” means any person who, in whatever capacity, occupies a post which constitutes part of or is additional to the fixed establishment of the Department or of any department established for any particular population group under section 3 of the Government Service Act, 1980 (Act 2 of 1980);[The Government Service Act 2 of 1980 has beenreplaced by the Public Service Act 13 of 1995.]“population group” means any population group contemplated in section 3 of the Representative Authorities Proclamation, 1980 (Proclamation AG. 8 of 1980);[AG 8 of 1980 was repealed by the Namibian Constitution.]“prescribed” means prescribed by regulation;“primary school” means a school, or that part of a school, in which formal education to a standard not higher than the fourth standard, is provided;“regulation” means any regulation made under this Act;“representative authority” means a representative authority as contemplated in the Representative Authorities Proclamation, 1980 (Proclamation AG. 8 of 1980);[AG 8 of 1980 was repealed by the Namibian Constitution.]“school” means any institution or place or any part of any institution or place, in, at or by which education is provided to children or others and includes any nursery school, special school and school clinic;“secondary school” means a school, or that part of a school, in which formal education from a standard higher than the fourth standard to a standard not higher than the tenth standard, is provided;“Secretary” means the Secretary for National Education;“spesial education” means education of a specialised nature, including -(a)psychological, medical, dental, paramedical and therapeutic treatment including the performance of operations);(b)the provision of artificial medical aids and apparatus;(c)care in a school hostel, hospital or other institution;(d)transport, escort and other service.provided to meet the needs of a mentally retarded or handicapped child with regard to education and training;[The word “special” is misspelt in the Official Gazette, as reproduced above.]“special school” means a school in which special education is provided, either on a full-time or on a part-time basis, to mentally retarded or handicapped children, and includes any class, attached to any other school, in which special education is so provided to such children;“teacher” means the principal of a school and any other person who occupies a post which constitutes part of or is additional to the teaching establishment of a school;“territory” means the territory of South West Africa;“this Act” includes the regulations.2. Application of Act
3. Control of Education
[The word “Education” in the heading should not be capitalised.]The control of, and the exercise of all powers and performance of all functions which are necessary for, or connected with, education to which this Act applies and the promotion thereof, shall vest in and be the responsibility of the Departement, which shall exercise and perform such control, powers and functions subject to the provisions of this Act and the control and directions of the Administrator-General.[The word “Department” is misspelt in the Official Gazette, as reproduced above.]4. Determination of education policy
The Administrator-General shall from time to time after consultation with the council and consideration of such advice, recommendations and reports in connection therewith as he may receive from the council, determine the general policy in respect of education to which this Act applies within the framework of the following principles, namely -5. National Education Council
6. Establishment and maintenance of schools by Administrator-General
7. Certain community schools to become government schools
7A. Admission and readmission of persons to government schools or hostels attached thereto
8. Establishment of school committees and advisory boards for government schools
9. Registration of schools
10. Subsidies, grants-in-aid and loans to registered schools
11. Transfer of registered schools to Department
12. Transfer or schools from representative authorities to Departement
[The word “Department” is misspelt in the Official Gazette, as reproduced above. The phrase “Transfer or schools” should be “Transfer of schools”.]25. Teaching establishments of government-aided schools and provisions in relation to teachers of such schools
26. Examination Board for South West Africa
27. School calendar and hours of instruction
28. Compulsory school attendance
29. Tuition and boarding fees
30. Financial and other assistance for education and training
The Administrator-General may, on such basis and conditions as he may from time to time determine and out of moneys appropriated for that purpose by law, grant financial assistance or any other material assistance or both such financial assistance and such other material assistance to -31. Inspections and investigations in relation to education and schools
32. Medical inspections at schools
33. Recognition of teachers’ associations
The Administrator-General may on such conditions as may be prescribed or as he may in any particular case impose, officially recognise any teachers’ association complying with the requirements prescribed for such recognition, and may at any time withdraw any such recognition if, in his opinion, any teachers’ association so recognised does not comply or no longer complies with any such requirement or condition: Provided that the Administrator-General shall, before so withdrawing any such recognition, notify the management committee of the teachers’ association concerned of his intention to do so and afford it the opportunity of making representations with regard thereto to the Administrator-General in such manner as the Administrator-General may determine.34. Regulations
35. Delegation of powers, duties and functions
36. Limitation of actions
37. Exclusion of provisions of Workmen’s Compensation Act, 1941
No pupil of any government school or government-aided school shall for the purposes of the Workmen’s Compensation Act, 1941 (Act 30 of 1941), and in connection with his attendance of such school be regarded as a workman as contemplated in that Act or as some other person entitled to payment thereunder.38. Repeal of laws
39. Short title and commencement
This Act shall be called the National Education Act, 1980, and shall come into operation on a date to be determined by the Administrator-General by proclamation in the Official Gazette.[Section 4 of Act 12 of 1988 contains the following transitional provision: “Anything purporting to have been done by the Cabinet prior to the commencement of this Act [Act 12 of 1988, which commenced on 26 July 1988] under any provision of the principal Act [Act 30 of 1980] or the regulations promulgated thereunder and which could have been so done under any provision of the principal Act as amended by this Act, and which has not already been set aside by a court of law at the commencement of this Act, shall for all be purposes [“be purposes” should read “purposes be”] deemed to have been done in accordance with the provisions of the principal Act [Act 30 of 1980] as amended under this Act [Act 12 of 1988].”]History of this document
01 April 2005 this version
Amended by
Teachers' Education Colleges Act, 2003
28 October 2002
Amended by
Education Act, 2001
26 July 1988
Amended by
National Education Amendment Act, 1988
30 November 1984
01 April 1981
Commences.
31 December 1980
Published in
Official Gazette number 4358
17 December 1980
Assented to.
Cited documents 1
Documents citing this one 8
- Education Act, 2001
- Higher Education Act, 2003
- Namibia Government Gazette dated 1990-12-18 number 123
- Namibia Government Gazette dated 2002-10-28 number 2841
- Namibia Government Gazette dated 2003-12-30 number 3124
- Namibia Government Gazette dated 2003-12-31 number 3125
- Namibian Citizenship Act, 1990
- Teachers' Education Colleges Act, 2003