Education Act, 2001
General Regulations, 2002
Government Notice 187 of 2002
- Published in Government Gazette 2841 on 28 October 2002
- Commenced on 28 October 2002
- [This is the version of this document as it was at 15 November 2017 to 4 October 2023.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
Government Notice 15 of 2004 (GG 3144) came into force on data of publication: 6 February 2004
Part I – SCHOOL BOARD AT STATE SCHOOL
1. Definitions
In these regulations a word or an expression defined in the Act has that meaning, and-“auditor” means a person appointed in terms of section 25(14) of the Act;“chairperson” means the chairperson of the school board in question;“hostel committee” means a hostel committee of a school board established under section 21 of the Act;“presiding officer”, in relation to an election of a school board election, means the staff member designated in terms of section 19 of the Act;“service point” means a teachers’ resource centre, a community learning and development centre, an arts centre, a cultural centre, a community library, or any other establishment of the Ministry, not being a school, where service is provided to assist learners, teachers and other members of public in any field of teaching, learning and entertainment;“superintendent” means a teacher designated as superintendent of a hostel in terms of regulation 38;“the Act” means the Education Act, 2001, (Act No. 16 of 2001); and[The comma before the bracketed phrase is superfluous.]“user” means a user of a service point registered in terms regulation 49.2. Qualifications for school parent to serve as member of school board
3. Election of members of school board
4. Election of school board office-bearers
5. Meetings of school board and committee of school board
6. Confidentiality
Where a school board or committee of a school board has decided that an information before it is of a confidential nature, a board or committee member who may disclose such information pursuant to section 22(7)(a) of the Act may only do so after having obtained permission of the school board or committee of the school board in writing.7. Powers and functions of school board
In addition to the powers and functions referred to in section 17 of the Act, a school board-8. Expenses incurred by school board or committee of school board
Expenses incurred by a school board or committee of school board in the performance of its functions or in the exercise of its powers may be paid from moneys available in the school development fund of the state school concerned.Part II – School Development Fund
9. Failing or refusing to pay school development fund contribution
Subject to sections 25(12) and 59 of the Act, a principal or teacher of a state school may not, in any way, prejudice a learner or discriminate against a learner on the reason that a parent has failed or refused to pay the school development fund contribution for such learner.10. Guidelines for determination of school development fund contribution amount
11. Procedure for exemption from payment of school development fund contribution
12. Utilization of school development fund
A school development fund may be utilized for-13. School development fund accounts and investment
14. Bookkeeping
15. Function arranged in aid of school development fund
Whenever a function is arranged in aid of a school development fund by a state school or school board, the principal and the secretary of the school board, as soon as possible after the conclusion of such function, must jointly check the expenditure and revenue in regard thereto and draw up and sign a statement in connection therewith for submission to the school board.16. Payment from school development fund
17. Stores register, inventory and stock-taking
18. Writing off and selling of certain assets
A school board may not write off or alienate any asset over which the school board exercises control without the Minister’s approval as referred to in section 25(15) of the Act, and such assets may only be sold at a public auction or by a procedure approved by the Permanent Secretary, and the proceeds must accrue to the school development fund concerned.19. Appointment of auditor
20. Inspection by staff member of Ministry
21. Handover of assets when state school closed
22. Using of certain government property by school board
A school or school board may not use government stores, including stationery and official franking facility for the business of the school board or the benefit of its school development fund.Part III – LEARNER IN STATE SCHOOL
23. Admission to state school
24. School attendance
25. Transfer of learner
26. Misconduct by learners, suspension and disciplinary hearing
27. Learners’ Representative Council
28. Election committee
29. Nomination and election of members of the LRC
30. Powers and functions of LRC
31. Vacation of LRC office
32. Meetings and decision of LRC
Part IV – HOSTEL AT STATE SCHOOL
33. Hostel committee
34. Vacation of office of member of hostel committee
35. Vacancies on hostel committee
36. Functions of hostel committee
37. Superintendent
38. Lodging of superintendent
39. Supervisory teacher or person
40. Household staff, hostel matrons and institutional workers
41. Quotas for boarding in state hostel
The Permanent Secretary must determine the number of boarders in a state hostel, and such number may not be exceeded without the written approval of the Permanent Secretary.42. Criteria for admission of boarders in state hostel
43. Control over boarders
44. Medical attention of boarders
45. Accommodation during school holidays
46. Accommodation of persons other than learners
Part V – BASIC EDUCATION AND CULTURE SERVICE POINT
47. Establishment of service point
48. Head of service point
49. User of service point
50. Service point user fees
A user of a service point may be charged fees as determined by the committee of service point-51. Committee of service point
52. Annual general meeting of users
53. Service point development fund
54. Handover of accounts and other financial documents
55. Closure of service point
Part VI – PRIVATE SCHOOLS
56. Registration of private school
57. Further conditions for registration as private school
A private school that applies for registration in terms of section 42 of the Act, apart from the conditions referred to in that section, must meet the following further conditions before it is registered-58. Aid to private school
59. Conditions for granting of aid to private school
A private school applies for aid in terms of regulation 58 must satisfy the Minister that-60. Curriculum, medium of instruction or examining body for private school
61. Participation of private schools in national and regional training programmes and competitions
62. Inspection of private school
Part VII – CODE OF CONDUCT FOR TEACHING SERVICE
[Part VII, comprising regulations 63-65, is inserted by GN 15/2004.]63. Purpose of Code
The Code of Conduct for Teaching Service has the following purposes-64. Objectives of Code
65. Professional conduct for teachers
A. Teacher and learner
A teacher, in relation to learners-B. Teacher and school authorities and Ministry
A teacher, in relation to school authorities such as school boards and learners’ representative councils and the Ministry as employer, must-C. Teacher and parents and community
A teacher, in relation to parents and a community, must-D. Teacher and colleagues
A teacher, in relation to colleagues-E. Teacher and profession
A teacher, in relation to the teaching profession, must-F. Teacher and learning and teaching environment
A teacher, in relation to a learning and teaching environment, must-History of this document
05 October 2023 amendment not yet applied
Amended by
Basic Education Regulations, 2023
15 November 2017 this version
Consolidation
28 October 2002
Commenced