Related documents
- Is commenced by Basic Education Act, 2020: Commencement
- Repeals Education Act, 2001
Basic Education Act, 2020
Act 3 of 2020
- Published in Government Gazette 7257 on 29 June 2020
- Assented to on 12 June 2020
- There are multiple commencements
- [This is the version of this document from 29 June 2020 and includes any amendments published up to 14 June 2024.]
Provisions | Status |
---|---|
Chapter 1 (section 1–5); Chapter 2, Part 1, section 6–13, section 15–18; Part 2 (section 19–28); Part 3 (section 29–31); Chapter 3 (section 32–93); Chapter 4 (section 94–121); Chapter 5 (section 122–128) | commenced on 5 October 2023 by Government Notice 329 of 2023. |
Chapter 2, Part 1, section 14 | not yet commenced. |
Chapter 1
Introductory provisions
1. Definitions
2. Application of Act
This Act applies to basic education and related matters and, unless otherwise provided in this Act, to all schools, classes, programmes and other places in which educational activities to which this Act applies are performed.3. Guiding principles in education matters
In determining any policy or making any decision relating to basic education or implementing any provision of this Act, a person must observe the right of a child to education and give due regard to the following principles -4. National policy framework on basic education
5. Norms and standards on basic education
Chapter 2
Learners
Part 1 – General provisions applicable to learners
6. Right of learners to education
7. Prohibition on discrimination against learners
8. Prohibition of physical and mental violence and initiation practices against learners
9. Compulsory school attendance
10. Right of learner to transfer
11. Admission of learner to primary school
12. Learners with disabilities and special needs
13. Prevention and management of learner pregnancy
14. Integrated early childhood development
15. Right of learner to medium of instruction
16. Learner participation in school governance
17. Learner discipline
18. Parental obligations towards learner
Part 2 – Learners at State schools
19. Admission to State schools
20. Procedure for admission to State schools
21. Language policy at State schools
22. Code of conduct for learners at State schools
23. Suspension from State school or hostel
24. Expulsion from State school or hostel
25. Academic and progress reports of learner
26. Freedom of religion at State schools
27. Prefects and learners’ representative council
28. Administrative directives relating to learners at State schools
Part 3 – Lifelong learning and adult eductaion
29. Establishment of National Lifelong Learning and Adult Education Council
30. Lifelong learning
31. Adult education policy and programmes
Chapter 3
Schools
Part 1 – Schools in general
32. School environment
33. School health services
34. Minimum standards for schools and hostels
35. Prohibition of certain items and powers of search and seizure
36. Prohibition of political activities at schools
37. Restriction of certain activities at schools
Part 2 – State schools and hostels
38. Provision of State school and hostels
39. Principles governing State schools
In providing State schools, the Minister is guided by the following principles -40. State schools on State property
41. State schools on private property
42. Legal status of State schools
A State school is not a juristic person and does not have legal capacity to exercise or perform the powers or functions contemplated in this Act.43. Closure of State schools and hostels
44. Support for under-performing State schools
45. Norms and standards for infrastructure and capacity at State schools
Part 3 – Management of State schools
46. Management of State schools
47. Powers and functions of principals at State schools
48. Quality assurance
Part 4 – Governance of State schools
49. Establishment of school boards
50. Functions of school boards
51. Allocated functions of school boards
52. Functions of chairperson of school boards
53. Failure by school board to perform functions
54. Constitution of school board of State school
55. Constitution of school board of State school for learners with special education needs
56. Election of members of school boards
Subject to this Act and any applicable legislation, the Minister must prescribe -57. Code of conduct for member of school boards
58. Enhancement of capacity of school boards
59. Meetings and decisions of school boards
60. Reimbursement of member of school board
61. Office-bearers of school boards
62. Committees of school board
63. Term of office of members and office-bearers of school boards
64. Vacation of office and filling of casual vacancies
65. Status of learners on school board of State schools
A member of a school board who is a learner -Part 5 – Funding of State schools
66. Funding of State schools by State
67. Payment of fees at State schools, hostel fees and hostel development fund
68. Norms and standards for school funding
69. School development fund and assets of State schools
70. Prohibition of unauthorised remuneration, financial benefits or benefits in kind
71. Annual budget of State schools
72. Financial records and statements of State schools
The school board of a State school must -73. Audit or examination of financial records and statements
74. Financial year of State schools
The financial year of a State school commences on the first day of January and ends on the last day of December of each year.Part 6 – Private schools and hostels
75. Establishment of private schools
76. Registration of private schools
77. Register of private schools
The Minister must cause a register of private schools to be kept and maintained in the prescribed manner.78. Transfer of ownership of private school
79. De-registration of private school
80. Non-compliance with requirements by private school
81. Takeover of management and control of private school
The Minister may take over the management and control of a private school, if -82. Declaration of private school as State school
83. Aid to private schools and hostels
84. Approval of curricula, medium of instruction and examinations at private schools
85. Powers of private school in relation to staff members
Subject to the Labour Act, 2007 (Act No. 11 of 2007), the power to recruit, transfer or dismiss teachers to or from posts on the establishment of a private school except teachers referred to in section 83(7)(c) -86. Admission age of learners to private schools
87. Registration of learners for home schooling
Part 7 – Educational curricula and qualifications
88. Institution of courses of study
89. Examinations, certificates and diplomas
90. Exemption from attending or conducting courses of study
Part 8 – Monitoring and evaluation of schools and hostels
91. Quality assurance
92. Health inspections and examinations
93. Reporting on quality assurance, inspections and examinations
Chapter 4
Institutional matters and development fund
Part 1 – National Advisory Council on Education
94. National Advisory Council on Education
95. Committees of advisory Council
Part 2 – Regional education forum and regional education directorates
96. Regional education forum
97. Regional education office, circuit offices and resource centres
Part 3 – National Examination, Assessment and Certification Board
98. Establishment of National Examination, Assessment and Certification Board
There is established a board to be known as the National Examination, Assessment and Certification Board.99. Constitution of Board
100. Term of office of member of Board
Subject to section 104, 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.101. Vacation of office and filling of casual vacancies
102. Secretariat to Board
103. Committees of Board
104. Meetings and decisions of Board
105. Payment of allowances to non-staff members
Members of the Board who are in the full-time employment of the State are entitled to be paid such allowances, including travel and subsistence allowances as the Minister, with the concurrence of the Minister responsible for finance, may determine.106. Functions of Board
107. Rules by Board
The Board may make rules relating to the -Part 4 – Teaching Service
108. Establishment of Teaching Service
There is established a service to be known as the Teaching Service.109. Constitution of Teaching Service
The Teaching Service consists of the persons employed in the public service, suitable and sufficient in number to provide basic education.110. Object of Teaching Service
The object of the Teaching Service is -111. Code of conduct for Teaching Service
The Minister, with concurrence of 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 -112. Establishment of Teaching Service Committee
Despite section 6(4)(a) of the Public Service Commission Act, the Commission must, after 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 113.113. Functions of Teaching Service Committee
The functions of the Teaching Service Committee are to -114. Teachers and teaching at State schools
Part 5 – Education Development Fund
115. Establishment of Education Development Fund
There is established a fund to be known as the Education Development Fund.116. Constitution of Fund
The Fund consists of -117. Object of Fund
118. Administration of Fund
119. Banking account
The Executive Director, subject to section 118, must open and maintain a banking or savings account in the name of the Fund with any banking institution registered under the laws governing banking institutions in Namibia or the Post Office Savings Bank referred to in the Posts and Telecommunications Act, 1992 (Act No. 19 of 1992).120. Financial year, bookkeeping and auditing of books of account
121. Exemption from payment of tax and other charges
The Fund is not liable for tax on income or transfer or stamp duty imposed by or under any law.Chapter 5
General provisions
122. Expropriation of land
123. General offences and penalties
124. Delegation of powers and assignment of functions by Minister and Executive Director
125. Regulations
126. Repeal of laws
The Education Act, 2001(Act No. 16 of 2001) is repealed.127. Savings and transitional provisions
128. Short title and commencement
History of this document
05 October 2023
Commenced by
Basic Education Act, 2020: Commencement
29 June 2020 this version
12 June 2020
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Basic Education Regulations, 2023 | Government Notice 331 of 2023 |
General rules of conduct for learners, 2023 | Government Notice 330 of 2023 |
Cited documents 19
Legislation 19
1. | Criminal Procedure Act, 1977 | 1919 citations |
2. | Local Authorities Act, 1992 | 1310 citations |
3. | Labour Act, 2007 | 604 citations |
4. | Regional Councils Act, 1992 | 385 citations |
5. | Public Service Act, 1995 | 306 citations |
6. | Agricultural (Commercial) Land Reform Act, 1995 | 249 citations |
7. | Public Accountants’ and Auditors’ Act, 1951 | 200 citations |
8. | Deeds Registries Act, 1937 | 143 citations |
9. | Posts and Telecommunications Act, 1992 | 131 citations |
10. | Education Act, 2001 | 53 citations |
11. | Namibia Qualifications Authority Act, 1996 | 50 citations |
12. | Vocational Education and Training Act, 2008 | 34 citations |
13. | Council of Traditional Leaders Act, 1997 | 26 citations |
14. | National Disability Council Act, 2004 | 22 citations |
15. | Public Service Commission Act, 1990 | 16 citations |
16. | Namibian College of Open Learning Act, 1997 | 12 citations |
17. | Expropriation Ordinance, 1978 | 9 citations |
18. | Namibia University of Science and Technology Act, 2015 | 8 citations |
19. | Building Societies Amendment Act, 1992 | 2 citations |
Documents citing this one 5
Gazette 2
1. | Namibia Government Gazette dated 2023-10-05 number 8229 | |
2. | Namibia Government Gazette dated 2024-03-08 number 8323 |
Legislation 2
1. | Basic Education Regulations, 2023 | |
2. | General rules of conduct for learners, 2023 |
Judgment 1
1. | Savo Nuts Private School and Others v Minister of Education, Art and Culture and Others (HC-MD-CIV-MOT-GEN-2024/00052) [2024] NAHCMD 175 (27 February 2024) |