
Education Act, 2001
Act 16 of 2001
- Published in Government Gazette 2673 on 27 December 2001
- Assented to on 11 December 2001
- There are multiple commencements
- [This is the version of this document from 15 March 2023 and includes any amendments published up to 1 September 2023.]
Provisions | Status |
---|---|
Part I (section 1–2); Part II (section 3); Part III (section 4–5); Part IV (section 6–15); Part V (section 16–25); Part VI (section 26–32); Part VII (section 33–40); Part VIII (section 41–52); Part IX (section 53–60); Part X (section 61–63); Part XI (section 64–66); Part XII (section 67); Part XIII (section 68–69); Part XIV (section 70–75); Part XV, section 76, section 77(1)(a), 77(1)(b), 77(1)(c), 77(1)(d), 77(1)(e), 77(1)(f), 77(1)(j), 77(1)(k), 77(1)(l), 77(1)(m), 77(1)(n), 77(1)(o), 77(1)(p), 77(2), section 78, section 79–84 | commenced on 28 October 2002 by Government Notice 186 of 2002. |
Part XV, section 77(1)(g), 77(1)(h), 77(1)(i) |
commenced on 28 October 2003
by Government Notice 186 of 2002.
Note: See section 84(2). |
Part V, section 25(3)(c); Part VII, section 38(1)(a), 38(1)(b), 38(1)(c), 38(1)(d), 38(3)(a), 38(3)(b), 38(3)(c) | commenced on 29 December 2017 by Act 14 of 2017. |
- [Amended by Higher Education Act, 2003 (Act 26 of 2003) on 1 March 2005]
- [Amended by Education Amendment Act, 2017 (Act 14 of 2017) on 29 December 2017]
- [Amended by Abolition of Payment by Cheque Act, 2022 (Act 16 of 2022) on 15 March 2023]
Part I – PRELIMINARY PROVISIONS
1. Definitions
2. Determination of basic education policy and control of system and activities
Part II – NATIONAL ADVISORY COUNCIL ON EDUCATION
3. National Advisory Council on Education
Part III – EDUCATION FORUMS AND OFFICES
4. Regional Education Forums
5. Regional, local and district education offices
Part IV – NATIONAL EXAMINATION, ASSESSMENT AND CERTIFICATION BOARD
6. Establishment of National Examination, Assessment and Certification Board
There is established a board to be known as the National Examination, Assessment and Certification Board.7. Constitution of Board
8. Term of office of member of Board
Subject to section 9, a member of the Board holds office for a term of three years and is eligible for re-appointment at the expiration of that term.9. Vacation of office and filling of casual vacancies
10. Secretariat to Board
11. Committees of Board
12. Meetings and decisions of Board
13. Payment of allowances to non-staff members
Members of the Board who are non-staff members must be paid such allowances, including travel and subsistence allowances as the Minister, with the concurrence of the Minister of Finance, may determine.14. Functions of Board
In relation to basic education, the functions of the Board are -15. Rules by Board
Subject to this Act, the Board may, for the purpose of performing the Board’s functions referred to in section 14, make rules relating to -Part V – SCHOOL BOARDS
16. Establishment of school boards for state schools
17. Powers and functions of school board
Subject to this Act, the powers and functions of a school board are -18. Constitution of school board
19. Election of members of school board
20. School board of special school and school providing special education
21. Committees of school board
22. Meetings and decisions of school board
23. Vacation of office and filling of casual vacancies
24. Dissolution of school board and appointment of administrators
25. Establishment of school development fund by school board
Part VI – EDUCATION DEVELOPMENT FUND
26. Establishment of Education Development Fund
There is established a fund to be known as the Education Development Fund.27. Constitution of Fund
The Fund consists of -28. Object of Fund
29. Administration of Fund
30. Banking account
The Permanent Secretary must, subject to section 29, open and maintain a banking or savings account in the name of the Fund with -31. Financial year, bookkeeping and auditing of books of account
32. Exemption from payment of tax and other charges
No tax or charge on income or transfer or stamp duty imposed by or under any law is payable by the Fund.Part VII – STATE SCHOOLS AND HOSTELS
33. Establishment and classification of state schools and hostels
34. Closure of state school or hostel
35. Medium of instruction in state school
36. Provision of curricula, syllabuses, books and other materials
The Minister, after consultation with the Advisory Council, must determine the curricula, syllabuses, books and other educational materials and, subject to such conditions as the Minister may determine, provide such curricula, syllabuses, books and other materials to all state schools.37. School calendar and hours of instruction
38. Tuition and boarding
39. Exemption from payment of boarding fees
The Minister, in the prescribed manner and form and on such conditions as the Minister may determine, may partially or fully exempt any learner or any category of learners from payment of boarding fees.[section 39 substituted by section 3 of Act 14 of 2017]40. Freedom to practise religion at state school
Part VIII – PRIVATE SCHOOLS
41. Establishment of private school
42. Registration of private school
43. Register of private schools
The Minister must cause to be kept and maintained a register of private schools in the prescribed form.44. Transfer of ownership of private school
45. Deregistration of private school
46. Failure to comply with terms and conditions and issue of notice of warning
If, following an inspection conducted at a private school under section 64, the Minister is satisfied -47. Failure to satisfy notice of warning and closure of private school
48. Takeover of management and control of private school
The Minister may take over the management and control of a private school, if -49. Aid for private schools
50. Approval of curriculum, medium of instruction or examining body for private school
51. Powers of private school in relation to staff matters
Subject to the Labour Act, 1992 (Act No. 6 of 1992), the power to appoint, transfer or dismiss teachers to or from posts on the establishment of a private school except teachers referred to in section 49(5)(c) -52. Registration of learner for education at home
Part IX – LEARNERS
53. Compulsory school attendance
54. Admission of learner to state school
55. General rules of conduct and learners’ code of conduct
56. Corporal punishment upon learner
57. Suspension of learner from state school or hostel
58. Expulsion of learner from state school or hostel
59. Learner school reports
60. Learners’ Representative Council
Part X – STUDY COURSES, EXAMINATIONS, CERTIFICATES AND DIPLOMAS
61. Institution of courses of study
62. Examinations, certificates and diplomas
63. Exemption from attending or conducting courses of study
Part XI – INSPECTION AND INVESTIGATION OF SCHOOLS
64. General inspections, investigation and information
65. Health inspections and examinations
66. Reporting on inspections and examinations
The person who carried out an inspection, investigation or examination in terms of section 64 or 65(2) must, within a period of 30 days -Part XII – ADULT EDUCATION
67. Adult education and literacy programs
Part XIII – CULTURAL INSTITUTIONS AND PRE-PRIMARY EDUCATION
68. Establishment of cultural institutions or organizations
The Minister may, out of moneys appropriated for this purpose by Parliament -69. Support for pre-primary education
The Minister may provide support and assistance to any registered person or community providing pre-primary education, including -Part XIV – TEACHING SERVICE
70. Establishment of Teaching Service
There is established a service to be known as the Teaching Service.71. Constitution of Teaching Service
The Teaching Service consists of the persons employed in the Public Service, suitable and sufficient in number to provide education, both basic education and higher education, having regard to any arrangements for the utilization of persons who are teachers by qualification but employed otherwise than teachers.72. Object of Teaching Service
The object of the Teaching Service is -73. Code of conduct for Teaching Service
The Minister, in consultation with the Minister responsible for higher education, must, in addition to the regulations made by the Prime Minister under section 34(1)(i) of the Public Service Act, prescribe a code of conduct for the Teaching Service which determines, among others -74. Establishment of Teaching Service Committee
Notwithstanding the provisions of section 6(4)(a) of the Public Service Commission Act, the Commission must, in consultation with the Ministers responsible for education and the Prime Minister, establish a committee of the Commission to be known as the Teaching Service Committee to perform the functions referred to in section 75.75. Functions of Teaching Service Committee
The functions of the Teaching Service Committee are -Part XV – GENERAL PROVISIONS
76. Prohibition of certain materials from schools or hostels
The Minister may by notice in the Gazette prohibit any substance, article or publication from being distributed, traded, shown or used in or on the premises of a school or hostel to which this Act applies, if in the Minister’s opinion such material is contrary to public interest or the best interest of learners.77. General offences and penalties
78. Delegation of powers and assignment of duties or functions by Minister and Permanent Secretary
79. Limitation of legal proceedings
80. Regulations
81. Savings and transitional provisions
82. Application of Act
This Act applies to basic education and related matters, and to all schools, classes, programs and other places in which educational activities, to which this Act applies, are performed.83. Repeal of laws
The laws set out in the Schedule are repealed to the extent indicated in the third column thereof.84. Short title and commencement
History of this document
15 March 2023 this version
Amended by
Abolition of Payment by Cheque Act, 2022
29 December 2017
Amended by
Education Amendment Act, 2017
Read this version
01 March 2005
Amended by
Higher Education Act, 2003
Read this version
28 October 2003
Commenced by
Commencement of the Education Act, 2001
Note: See section 84(2).
28 October 2002
Commenced by
Commencement of the Education Act, 2001
27 December 2001
11 December 2001
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
General Regulations, 2002 | Government Notice 187 of 2002 |
Cited documents 14
Legislation 14
- Council of Traditional Leaders Act, 1997
- Local Authorities Act, 1992
- Namibia Qualifications Authority Act, 1996
- Namibian College of Open Learning Act, 1997
- National Education Act, 1980
- National Vocational Training Act, 1994
- Polytechnic of Namibia Act, 1994
- Posts and Telecommunications Act, 1992
- Public Accountants’ and Auditors’ Act, 1951
- Public Service Act, 1995
- Public Service Commission Act, 1990
- Regional Councils Act, 1992
- State Finance Act, 1991
- University of Namibia Act, 1992
Documents citing this one 51
Gazette 27
- Namibia Government Gazette dated 2002-10-28 number 2841
- Namibia Government Gazette dated 2003-12-31 number 3125
- Namibia Government Gazette dated 2004-02-06 number 3144
- Namibia Government Gazette dated 2009-05-15 number 4260
- Namibia Government Gazette dated 2009-11-27 number 4383
- Namibia Government Gazette dated 2014-09-01 number 5547
- Namibia Government Gazette dated 2015-05-29 number 5744
- Namibia Government Gazette dated 2015-06-08 number 5755
- Namibia Government Gazette dated 2016-06-28 number 6053
- Namibia Government Gazette dated 2017-12-29 number 6501
- Namibia Government Gazette dated 2018-05-08 number 6589
- Namibia Government Gazette dated 2019-07-01 number 6944
- Namibia Government Gazette dated 2020-03-28 number 7159
- Namibia Government Gazette dated 2020-05-04 number 7203
- Namibia Government Gazette dated 2020-05-29 number 7222
- Namibia Government Gazette dated 2020-06-08 number 7234
- Namibia Government Gazette dated 2020-06-22 number 7250
- Namibia Government Gazette dated 2020-07-06 number 7264
- Namibia Government Gazette dated 2020-07-14 number 7270
- Namibia Government Gazette dated 2020-08-13 number 7307
- Namibia Government Gazette dated 2020-08-25 number 7318
- Namibia Government Gazette dated 2020-08-29 number 7320
- Namibia Government Gazette dated 2020-09-12 number 7332
- Namibia Government Gazette dated 2020-09-23 number 7342
- Namibia Government Gazette dated 2021-01-13 number 7436
- Namibia Government Gazette dated 2021-04-30 number 7522
- Namibia Government Gazette dated 2022-12-30 number 7995
Judgment 4
- Ebenezer English Private School v Nyamhamba (10 of 2021) [2022] NAHCNLD 2 (18 November 2022)
- Eilo and Another v Permanent Secretary of Education and Others (28 of 2006) [2007] NALC 4 (13 November 2007)
- Sasman and Another v The Chairperson of the Internal Disciplinary Panel of the Windhoek International School and Others (APPEAL 66 of 2013) [2013] NAHCMD 115 (4 April 2013)
- Van Zyle v S (CA 25 of 2014) [2016] NAHCMD 246 (9 May 2016)
Legislation 20
- Abolition of Payment by Cheque Act, 2022
- Basic Education Act, 2020
- COVID-19 Regulations
- COVID-19: Regulations Relating to Health Matters
- Child Care and Protection Act, 2015
- General Regulations, 2002
- Higher Education Act, 2003
- Public Health COVID-19 General Regulations
- Public Health COVID-19 General Regulations
- Stage 1: State of Emergency - COVID-19 Regulations: Erongo Region
- Stage 1: State of Emergency – COVID-19 Regulations: Walvis Bay Local Authority Area
- Stage 2: COVID-19 Regulations
- Stage 3: COVID-19 Regulations
- Stage 3: COVID-19 Regulations
- Stage 3: COVID-19 Regulations
- Stage 3: COVID-19 Regulations: Erongo Region
- Stage 3: COVID-19 Regulations: Erongo Region
- Stage 3: COVID-19 Regulations: Erongo Region
- Stage 4: COVID-19 Regulations
- Stage 4: COVID-19 Regulations