GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

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1 0 GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$7.76 WINDHOEK -27 Deember 2001 No.2673 CONTENTS GOVERNMENT NOTICE No. 254 Promulgation of Eduation At, 2001 (At No. 16.of2001), of the Parliament.. Page Government Notie OFFICE OF THE PRIME MINISTER No. 254 PROMULGATION OF ACT OF PARLIAMENT 2001 The following At whih has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Artile 56 of that Constitution. No. 16 of2001: Eduation At, 2001.

2 2 Government Gazette 27 Deember 2001 No.2673 ACT To provide for the provision of aessible, equitable, qualitative and demorati national eduation servie; to provide for the establishment of the National Advisory Counil on Eduation, National Examination Assessment and Certifiation Board, Regional Eduation Forums, Shool Boards, Eduation Development Fund; to provide for the establishment of shools and hostels; to provide for the establishment of the Teahing Servie and the Teahing Servie Committee; and to provide for inidental matters. (Signed by the President on 11 Deember 2001) ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS Setion 1. Definitions. 2. Determination of basi eduation poliy and ontrol of system and ativities. 0 PART II NATIONAL ADVISORY COUNCIL ON EDUCATION 3. National Advisory Counil on Eduation. PART III EDUCATION FORUMS AND OFFICES 4. Regional Eduation Forums. 5. Regional, loal and distrit eduation offies. PART IV NATIONAL EXAMINATION, ASSESSMENT AND CERTIFICATION BOARD 6. Establishment ofnational Examination, Assessment and Certifiation Board. 7. Constitution of Board. 8. Term of offie of member of Board. 9. Vaation of offie and filling of asual vaanies. 10. Seretariat to Board. 11. Committees of Board. 12. Meetings and deisions of Board. 13. Payment of allowanes to non-staff members. 14. Funtions ofboard. 15. Rules by Board. PARTY SCHOOL BOARDS 16. Establishment of shool boards for state shools. 17. Powers and funtions of shool board. 18. Constitution of shool board. 19. Eletion of members of shool board. 20. Shool board of speial shool and shool providing speial eduation. 21. Committees of shool board. 22. Meetings and deisions of shool board.

3 No.2673 Government Gazette 27 Deember Vaation of offie and filling of asual vaanies. 24. Dissolution of shool board and appointment of administrators. 25. Establishment of shool development fund by shool board. PART VI EDUCATION DEVELOPMENT FUND 26. Establishment of Eduation Development Fund. 27. Constitution of Fund. 28. Objet of Fund. 29. Administration offund. 30. Banking Aount. 31. Finanial year, bookkeeping and auditing of books of aount. 32. Exemption from payment of tax and other harges. 0 PART VII STATE SCHOOLS AND HOSTELS 33. Establishment and lassifiation of shools and hostels. 34. Closure of state shool or hostel. 35. Medium of instrution in state shool. 36. Provision of urriula, syllabuses, books and other materials. 37. Shool alendar and hours of instrution. 38. Tuition, boarding and other fees. 39. Exemption from payment of tuition, boarding or other fees. 40. Freedom to pratise religion at state shool. PART VIII PRIVATE SCHQOLS 41. Establishment of private shool. 42. Registration of private shool. 43. Register of private shools. 44. Transfer of ownership of private shool. 45. Deregistration of private shool. 46. Failure to omply with terms and onditions and issue of notie of warning. 47. Failure to satisfy notie of warning and losure of private shool. 48. Takeover of management and ontrol of private shool. 49. Aid for private shools. 50. Approval of urriulum, medium of instrution or examining body for private shool. 51. Powers of private shool in relation to staff matters. 52. Registration oflearner for eduation at home. PART IX LEARNERS 53. Compulsory shool attendane. 54. Admission of learner to state shool. 55. General rules of ondut and learners' ode of ondut. 56. Corporal punishment upon learner. 57. Suspension oflearner from state shool or hostel. 58. Expulsion oflearner from state shool or hostel. 59. Learner shool reports. 60. Learners' Representative Counil.

4 4 Government Gazette 27 Deember 2001 No.2673 PART X STUDY COURSES, EXAMINATIONS, CERTIFICATES AND DIPLOMAS 61. Institution of ourses of study. 62. Examinations, ertifiates and diplomas. 63. Exemption from attending or onduting ourses of study. PART XI INSPECTION AND INVESTIGATION OF SCHOOLS 64. General inspetions, investigation and information. 65. Health inspetions and examinations. 66. Reporting on inspetions and examinations. PART XII ADULT EDUCATION 67. Adult eduation and literay programs. PART XIII CULTURAL INSTITUTIONS AND PRE-PRIMARY EDUCATION 68. Establishment of ultural institutions or organizations. 69. Support for pre-primary eduation. PART XIV TEACHING SERVICE 70. Establishment of Teahing Servie. 71. Constitution of Teahing Servie. 72. Objet of Teahing Servie. 73. Code of ondut for Teahing Servie. 74. Establishment of Teahing Servie Committee. 75. Funtions ofteahing Servie Committee. PART XV GENERAL PROVISIONS 76. Prohibition of ertain materials from shools and hostels. 77. General offenes and penalties. 78. Delegation of powers and assignment of duties or funtions by Minister and Permanent Seretary. 79. Limitation of legal proeedings. 80. Regulations. 81. Savings and transitional provisions. 82. Appliation of At. 83. Repeal of laws. 84. Short title and ommenement. ~ \

5 No.2673 At No. 16, 2001 Government Gazette 27 Deember 2001 EDUCATION ACT, SCHEDULE LAWS REPEALED BE IT ENACTED by the Parliament of the Republi of Namibia, as follows: Definitions PART I PRELIMINARY PROVISIONS 1. (1) In this At, unless the ontext otherwise indiates - "adult eduation" means basi eduation provided to adults, inluding minors over the age of 16 years; "Advisory Counil" means the National Advisory Counil on Eduation established by setion 3; "auditor" means a person registered as an aountant and auditor in terms of setion 23 of the Publi Aountants' and Auditors' At, 1951 (At No. 51 of 1951 ); "basi eduation" means the formal eduation whih is provided from the level of the first grade to the level of the twelfth grade, and inludes- adult eduation; speial eduation; and eduation of any other nature whih the Minister under subsetion (2) delares to be basi eduation; "Board" means the National Examination, Assessment and Certifiation Board established by setion 6; "Commission" means the Publi Servie Commission established in pursuane of Artile 112 of the Namibian Constitution, by setion 2(1) of the Publi Servie Commission At ; "Forum" means a Regional Eduation Forum established under setion 4; "Fund" means the Eduation Development Fund established by setion 26; "hostel" means a hostel established under setion 3 3 for the purpose of providing aommodation to learners in a state shool; "learner" means any person who is registered and reeiving basi eduation or a ourse of study in terms of this At; "Learners" Representative Counil" means a body oflearners established in terms of setion 60; "loal authority area" means a loal authority area as defined in setion 1 of the Loal Authorities At, 1992 (At No. 23 of 1992); "loal authority ounil" means a loal authority ounil as defined in setion 1 of the Loal Authorities At, 1992 (At No. 23 of 1992);

6 6 Government Gazette 27 Deember No.2673 "Minister" means the Minister responsible for basi eduation; "Ministry" means the Ministry harged with the administration of affairs relating to basi eduation; "parent" means a natural or an adoptive parent or a guardian of any learner, and inludes any person taking are of or who assumes responsibility for any learner's eduation; "Permanent Seretary" means the Pennannt Seretary of the Ministry; "presribed" means presribed by regulation made under setion 80; "primary eduation" means the basi eduation provided at primary shool level; "primary shool" means a shool or part of a shool in whih basi eduation from the level ofthe first grade to the level of the seventh grade is provided; "prinipal", in relation to a shool, means a teaher who holds the post as the head of the shool and inludes an ating prinipal; "private shool" means a shool whih is established and maintained at the owner's expense, and is registered in terms of setion 42; "Publi Servie At" means the Publi Servie At, 1995 (At No.13 of 1995); "Publi Servie Commission At" means the Publi Servie Commission At, 1990 (At No. 2 of 1990); "region" means a region as defined in setion 1 of the Regional Counils At, 1992 (At No. 22 of 1992); "regional ounil" means a regional ounil as defined in setion 1 of the Regional Counils At, 1992 (At No. 22 of 1992); "shool" means an establishment or plae or that part of an establishment or plae in or at whih basi eduation is provided; "shool board" means a shool board established in terms of setion 16; "shool development fund" means a shool development fund established under setion 25; "shool parent" means a parent of a learner of a shool; "seondary shool" means a shool or part of a shool in whih basi eduation from the level of the eighth grade to the level of the twelfth grade is provided; "soio-eonomially disadvantaged learner" means a learner whose parent is, diretly or indiretly, soially and eonomially disadvantaged as a onsequene of soial, eonomi, eduational or employment imbalanes; "speial eduation" means a basi eduation of a speialized nature provided to learners with speial eduation needs; "speial shool" means a shool or patt of a shool in whih speial eduation is provided;

7 No.2673 Government Gazette 27 Deember "staff member" means a staff member as defined in setion 1 of the Publi Servie At; "state shool" means a shool established under setion 33; "teaher", in relation to state shools, means a staff member who is professionally qualified to teah others in formal eduation and whose oupation is teahing, and inludes a professionally unqualified person whose oupation is teahing; and "this At" inludes the regulations made under setion 80 and the rules made under setion 15. (2) If the Minister onsiders it neessary or expedient, for the purposes of this At, the Minister may by notie in the Gazette delare any eduation of any nature to be basi eduation. Determination of basi eduation poliy and ontrol of system and ativities 0 2. (1) The Minister must- determine the national poliy on basi eduation and ensure that onsultations with suh onsultative bodies established for this purpose in terms of this At or any other law, or suh organizations as the Minister may reognize for this purpose, are undertaken prior to the determination of poliy; seure the effetive o-operation.of all publi and private bodies onerned with eduation in formulating and implementing the national poliy on basi eduation in terms of this At; diret, o-ordinate, supervise and ontrol the basi eduation system and related matters; and promote basi eduation and the establishment and development of shools; L./' (2) Nothing in this setion limits the Minister to onsult whomsoever the Minister wishes for advie on the determination of eduation poliy and related matters. (3) The Minister must table the national poliy on basi eduation in the National Assembly within 90 days after the determination of the poliy, if the National Assembly is in session, or, if it is not in session, within 30 days after the ommenement of its next session. PART II NATIONAL ADVISORY COUNCIL ON EDUCATION National Advisory Counil on Eduation 3. (1) There is established an advisory ounil to be known as the National Advisory Counil on Eduation. (2) The powers and funtions of the Advisory Counil are- to advise the Minister on eduational matters upon the Advisory Counil's own initiative or any question referred to the Advisory Counil by the Minister; and

8 8 Government Gazette 27 Deember 2001 No.2673 to exerise and perform suh other powers and funtions onferred or imposed by or under this At. (3) The Advisory Counil onsists of 24 members appointed by the Minister, and for the purposes of appointment, the Minister must selet two staff members and one person eah from amongst persons nominated under subsetion (4). ( 4) The Minister must, for the purposes of seleting persons for appointment, by notie in the Gazette invite the following bodies to nominate persons for appointment - (e) (f) (g) (h) (i) (j) institutions of eduation higher than basi eduation; eah Forum; non-governmental organizations; national employers' organizations; reognized assoiations and unions of teahers; representative bodies oflearners and students; representative bodies of hurhes; private shools; the Counil oftraditional Leaders established by setion 2 of the Counil of Traditional Leaders At, 1997 (At No. 13 of 1997); and the national organization for persons with disabilities. (5) The Minister must appoint two of the members from a list of four names seleted by the members from amongst themselves to be the Chairperson and the Vie Chairperson of the Advisory Counil, respetively. (6) A member of the Advisory Counil holds offie for a term of three years and is eligible for re-appointment at the expiry of that term. (7) A member of the Advisory Counil vaates offie, if suh member - is onvited of an offene and sentened to imprisonment without the option of a fine; resigns from the Advisory Counil after giving the Minister 30 days written notie of his or her intention to resign; has been absent for three meetings of the Advisory Counil in a year, without the permission of the Chairperson; is withdrawn by the nominating body; or (e) is removed by the Minister under subsetion (8). (8) The Minister may remove a member of the Advisory Counil, if suh member- is guilty of misondut; fails to omply with or ontravenes this At; or

9 No.2673 Government Gazette 27 Deember is by reason of physial or mental illness or for any other reason inapable of ating as member. (9) If a member of the advisory Counil dies or vaates offie, the vaany must be filled for the unexpired portion of the term of offie of that member in the manner ontemplated in subsetion (4). (1 0) The Advisory Counil must determine the Advisory Counil's own rules and proedure governing meetings, but suh rules and proedure may not be inonsistent with this At. (11) The expenses of the Advisory Counil relating to the Advisory Counil's funtions must be defrayed out of money appropriated for this purpose by Parliament. (12) The members of the Advisory Counil who are not staff members may be paid suh allowanes as the Minister, with the onurrene of the Minister of Finane, may determine. PART III EDUCATION FORUMS AND OFFICES Regional Eduation Forums 4. (1) The Minister must establish a Forum to be known as the Regional Eduation Forum for a region and loal authority areas in the region. (2) The funtions of a Forum are - to advise the Minister, the regional ounil and loal authority ounils in that region on matters onerning eduation in the region and loal authority areas in that region; to advise shool boards regarding eduational matters and the funtions of the shool boards under this At; and to initiate and failitate eduational development in the region. (3) A Forum advises upon any question referred to the Forum by the Minister, regional ounil, loal authority ounil, shool board or any interested person, or upon its own initiative as it may onsider neessary. (4) A Forum onsists of- the regional diretor of eduation assigned to the region who is an ex offiio member and has no right to vote; and 20 members appointed by the Minister on the ground of speial knowledge, skill and expertise in eduational matters from persons nominated under subsetion (5)... (5) For the purposes of appointment under subsetion (4), the Minister, by notie in the Gazette, must invite the following bodies to nominate persons - three persons representing the regional ounil and loal authority ounils in the region; three persons representing the shool boards in the region;

10 10 Government Gazette 27 Deember 200 I No.2673 (e) (f) (g) (h) three persons representing the reognized assoiations or unions of teahers, employees and employers; three persons representing the bodies of learners in the region; two persons representing the private shools in the region; two persons representing the hurhes; two persons representing the Counil of Traditional Leaders established by setion 2 of the Counil of Traditional Leaders At, 1997 (At No. 13 of 1997); and two persons representing the national organization for persons with disabilities. ( 6) The members of a Forum must elet two persons from amongst the members as hairperson and vie-hairperson, respetively, who must not be staff members of the Ministry. (7) Subjet to subsetion (8), a member of a Forum holds offie for a term of three years and is eligible for re-appointment at the expiration of that term. (8) A member of a Forum vaates offie, if suh member - is onvited of an offene and sentened to imprisonment without the option of a fine; resigns from a Forum after giving the Minister 30 days written notie of suh member's intention to resign; has been absent for three meetings of a Forum in a year without the permission ofthe hairperson of the Forum; is withdrawn by the nominating body; or (e) is removed by the Minister under subsetion (9). (9) The Minister may remove a member of a Forum, if suh member- is guilty of misondut; fails to omply with or ontravenes this At; or is by reason of physial or mental illness or for any other reason inapable of ating as member of a Forum. (1 0) If a member of a Forum dies or vaates offie, the vaany must be filled for the unexpired portion of the term of offie of that member in the manner ontemplated in subsetion (4). (11) A Forum must- subjet to this At, determine its own rules governing meetings and proedure at meetings; and submit an annual report on its ativities to the Advisory Counil.

11 No.2673 Government Gazette 27 Deember (12) The expenses of a Forum relating to the performane of its funtions must be defrayed out of money appropriated for this purpose by Parliament. (13) Members of a Forum who are non-staff members may be paid suh allowanes, inluding travel and subsistene allowanes as the Minister, with the onurrene of the Minister of Finane, may determine. Regional, loal and distrit eduation offies 5. (1) The Minister must, on the reommendation of the Commission and after onsultation with the Advisory Counil and the regional ounil or a loal authority ounil, as the ase may be, establish a regional eduation offie for eah region and a loal or distrit eduation offie. (2) A staff member designated as regional diretor of eduation and ulture administers, manages and ontrols the regional eduation offie, and performs suh funtions under the supervision and diretion of the Permanent Seretary. (3) The regional eduation offie is responsible for the administration of the affairs relating to eduation and ulture as may be assigned to the offie by or under this At or any other law, whih may inlude the provision of seretariat servies to the Forum. PART IV NATIONAL EXAMINATION, ASSESSMENT AND CERTIFICATION BOARD Establishment of National Examination, Assessment and Certifiation Board 6. There is established a board to be known as the National Examination, Assessment and Certifiation Board. Constitution of Board 7. (1) Subjet to subsetion (7), the Board onsists of28 members appointed by the Minister, as follows - (e) (f) four persons seleted by the Minister; one person nominated by the Counil of the University ofnamibia referred to in setion 9 of the University of Namibia At, 1992 (At No. 18 of 1992); one person nominated by the Counil of the Polytehni ofnamibia referred to in setion 6 of the Polytehni of Namibia At, 1994 (At No. 33 of 1994); one person nominated by the Voational Training Board established by setion 5 of the National Voational Training At, 1994 (At No. 18 of 1994); one person nominated by the Board of Governors of the Namibian College of Open Learning referred to in setion 7 of the Namibian College of Open Learning At, 1997 (At No. 1 of 1997); one person nominated by the Counil of the Namibia Qualifiations Authority referred to in setion 5 of the Namibia Qualifiations Authority At, 1996 (At No. 29 of 1996);..

12 12 Government Gazette 27 Deember 2001 No.2673 (g) (h) (i) (j) (k) one person nominated by reognized teahers' unions or assoiations; one person nominated by the Colleges of Eduation; 13 diretors of regional eduation offies; the Diretor and another staff member of the Diretorate: National Examinations and Assessment of the Ministry; the Diretor of the Diretorate: National Institute for Eduational Development of the Ministry; and (1) the Diretor of the Namibia Qualifiations Authority referred to in setion 1 0(1 ) of the Namibia Qualifiations Authority At, 1996 (At No. 29 of 1996). (2) The Minister must, for the purposes of appointment of members of the Board in terms of subsetion ( 1 ), in writing invite the bodies referred to in subsetion (1 ) to (h), inlusive, to nominate persons within a speified period. (3) If a nomination referred to in subsetion (2) is not reeived by the Minister within the period speified in the invitation, the Minister may appoint suh person as the Minister thinks fit. (4) The Minister must appoint two of the members referred to in paragraph of subsetion ( 1 ), and who must be staff members of the Ministry as hairperson and vie-hairperson of the Board, respetively. (5) The Minister may, for eah member of the Board, appoint an alternate member, and must, for the purposes of suh appointment for the members ontemplated in subsetion ( 1 ) to (h), inlusive, in writing invite the bodies referred to in subsetion (1 ) to (h), inlusive, to nominate persons within a speified period. ( 6) If a nomination referred to in subsetion ( 5) is not reeived by the Minister within the period speified in the invitation, the Minister may appoint suh person as the Minister thinks fit. (7) At least two of the persons referred to in paragraph of subsetion (1 ), must be females. Term of offie of member of Board 8. Subjet to setion 9, a member of the Board holds offie for a term of three years and is eligible for re-appointment at the expiration of that term. Vaation of offie and filling of asual vaanies 9. (1) A member of the Board vaates offie, if suh member - is onvited of an offene and sentened to imprisonment without the option of a fine;.. resigns from the Board after giving the Minister 30 days written notie of suh member's intention to resign; has been absent for three meetings of the Board in a year, without the permission of the hairperson of the Board; is withdrawn by the nominating body; or

13 No.2673 Government Gazette 27 Deember (e) is removed by the Minister under subsetion (2). (2) The Minister may remove a member of the Board, if suh member - is guilty of misondut; fails to omply with or ontravenes this At; or is by reason of physial or mental illness or for any other reason inapable of ating as member of the Board. (3) If a member of the Board dies or vaates offie, the vaany must be filled for the unexpired portion of the term of offie of that member in the manner ontemplated in setion 7. Seretariat to Board 10. ( 1) There must be a omponent in the Ministry to at as the seretariat to the Board, onsisting of- a staff member of the Ministry designated by the Permanent Seretary as the seretary to the Board; and suh other staff members of the Ministry as the Permanent Seretary may designate, one of whom must be designated as the deputy-seretary to the Board. (2) The funtions of the seretariat are - to provide the required administrative and lerial assistane to the Board and any ommittee of the Board; and to provide all tehnial support required by the Board or any of the ommittees of the Board. (3) The seretary must attend the meetings of the Board but has no right to vote on any matter before the Board. ( 4) If the seretary is unable to attend any meeting of the Board or to at as seretary, the deputy-seretary may perform the funtions of the seretary. Committees of Board 11. (1) The Board may establish one or more ommittees of the Board for the purpose of exerising and performing any power and funtion of the Board whih the Board may delegate to the ommittee. (2) A ommittee established under subsetion ( 1) must onsist of suh members of the Board, inluding alternate members, as the Board may appoint to the ommittee (3) The Board may designate any member of a ommittee to be the hairperson of that ommittee. (4) The Board is not divested of any power and funtion whih has been delegated by it to a ommittee and may amend or set aside any deision of suh a ommittee.

14 14 Government Gazette 27 Deember 2001 No.2673 Meetings and deisions of Board 12. ( 1) The first meeting of the Board must be held at a plae and time as the hairperson of the Board may determine and, subjet to subsetion (3), any meeting of the Board thereafter must be held at a plae and time as the Board may determine. (2) If the Board has determined the plae and time of a meeting and there annot for any reason be a meeting held at that plae or time, the seretary of the Board must, in onsultation with the hairperson of the Board, determine the plae and time of the next meeting of the Board. (3) The hairperson of the Board may at any time onvene a speial meeting of the Board. (4) The majority ofthe members ofthe Board forms a quomm for any meeting of the Board. (5) The hairperson of the Board or, in the absene of the hairperson, the viehairperson, presides at all meetings of the Board. (6) If both the hairperson and the vie-hairperson of the Board are absent from any meeting, the members present must elet a member to preside at that meeting and that member may perform all the funtions and exerise all the powers of the hairperson. (7) The deision of the majority of the members present at any meeting of the Board onstitutes a deision of the Board, and in the event of any equality of votes the member presiding has a asting vote in addition to a dlibe_rative vote. (8) The Board may, subjet to this At, determine mles of the Board governing meetings and proedure at meetings. (9) The expenses relating to the funtions of the Board must be defrayed from money appropriated for this purpose by Parliament. Payment of allowanes to non-staff members 13. Members of the Board who are non-staff members must be paid suh allowanes, inluding travel and subsistene allowanes as the Minister, with the onurrene of the Minister of Finane, may determine. Funtions of Board 14. In relation to basi eduation, the funtions of the Board are- to determine, by notie in the Gazette- (i) (ii) (iii) (iv) minimum requirements and minimum standards to whih the ourses of study, urriulums and syllabuses under whih suh eduation is provided must omply; minimum requirements and minimum standards for the ondut of examinations; minimum requirements and minimum standards for assessments and promotions; the form and manner of the issuing of ertifiates and diplomas in respet of examinations; and..

15 No.2673 Government Gazette 27 Deember to exerise suh powers and perform suh funtions as may be onferred or imposed upon the Board by or under this At. Rules by Board 15. Subjet to this At, the Board may, for the purpose of performing the Board's funtions referred to in setion 14, make rules relating to- the ondut of examinations ; (e) (f) the entering of andidates for examinations; the ondut and disipline of andidates prior to, during and after examinations; the issuing of ertifiates and diplomas; the safeguarding of the seurity, onfidentiality and validity of examinations and ertifiates and diplomas; and the appointment, ondut, disipline, powers, duties and funtions of examiners, moderators, invigilators and other persons whose servies ar neessary at examinations. PARTV SCHOOL BOARDS Establishment of shool boards for state shools 16. (1) There is, for every state shool, established a shool board to administer the affairs and promote the development of the shool and learners of the shool. (2) The Minister must, out of moneys appropriated for this purpose by Parliament, establish a program with the aim to promote aountability of, ative partiipation, effetive exerise of powers and performane of funtions by, members of shool boards. Powers and funtions of shool board 17. Subjet to this At, the powers and funtions of a shool board are - (e) to develop the mission, goals and objetives of the shool; to advise the shool's management on the extra-mural urriulum of the shool; to advise the regional diretor of eduation on eduational needs and the urriulum of the shool; subjet to the Publi Servie At, to reommend to the Permanent Seretary the appointment of teahers and other staff members at the shool; subjet to the restritions imposed by the Permanent Seretary and upon onditions as the shool board may determine, to allow the reasonable use of the shool failities for ommunity purposes; -

16 16 Government Gazette 27 Deember 2001 No.2673 (f) to onsider any ase of misondut by a learner or staff member of the shool with the aim to- (i) (ii) ensure that suh misondut is properly investigated; and reommend to the Permanent Seretary the appropriate disiplinary measures to be taken regarding serious misondut of a learner; and (g) to exerise other powers and perform other duties and funtions as may be authorized or imposed by or under this At. Constitution of shool board 18. (1) A shool board onsists of the presribed number of not less than five and not more than 13 voting members, who must be - shool parents who are not employed at the shool; teahers at the shool; the prinipal of the shool; and in the ase of a seondary shool, not more than two learners at the shool nominated by the Learners' Representative Counil. (2) Shool parents must onstitute the majority of members of a shool board. (3) The Minister may approve the onstitution of a shool board whih differs from the onstitution ontemplated in subsetion ( 1 ), if- the shool board has applied in writing to the Minister for a different onstitution; and the Minister is satisfied that suh onstitution is in the best interests of eduation at the shool. (4) If a member of a shool board has a diret personal interest in any matter under disussion by the board, that member must not take part in any disussion or deision on the matter, or be present at a meeting at whih the matter is being disussed. Eletion of members of shool board 19. (1) The eletion of parents and teahers to a shool board must be onduted by a staff member designated by the Permanent Seretary and who is not employed at the shool onerned. (2) Eletions onduted in terms of subsetion ( 1 ), must be - by seret ballot; or where appropriate, with the approval of the Minister, by a show of hands. (3) A shool board must, from amongst its members, elet as offie-bearers of the shool board- a hairperson; a seretary; and

17 No.2673 Government Gazette 27 Deember a treasurer. (4) A prinipal, teaher or learner of the shool must not serve as hairperson of the shool board. (5) A member of a shool board holds offie for a term of three years and is eligible for re-eletion at the expiration of that term. ( 6) A member of a shool board must sign the presribed oath of serey on the date of assumption of his or her duty as suh member. Shool board of speial shool and shool providing speial eduation 20. ( 1) A shool board of a shool whih is not a speial shool but whih provides speial eduation, must - subjet to subsetion (3), o-opt at least one person with expertise in speial eduation as a member of the shool board; and establish a ommittee to advise the shool board on the provision of speial eduation at the shool. (2) Subjet to subsetion (3), a shool board of a speial shool may, in addition to those persons eleted in terms of setion 19, o-opt one or more of the following persons- a representative of a sponsoring body for the shool; a representative of organizations of parents ofleamers with speial eduation needs; a representative of organizations of persons with disabilities; a person with disability. (3) A o-opted member of a shool board has no right to vote at any meeting of a shool board. Committees of shool board 21. ( 1) A shool board may establish one or more ommittees for the purpose of advising the shool board on any matter whih the shool board may refer to the ommittee for advie. (2) A shool board may designate any member of a ommittee to be the hairperson of that ommittee. Meetings and deisions of shool board 22. ( 1) The majority of the voting members of a shool board forms a quorum for any meeting of a shool board (2) The hairperson of the shool board presides at all meetings of the shool board. (3) If the hairperson is absent from any meeting, the members present must elet a member to preside at that meeting and that member may perform all the funtions and all the powers of the hairperson.

18 18 Government Gazette 27 Deember 2001 No.2673 At No. 16,2001 EDUCATION ACT, 2001 (4) The deision of the majority of the members present at any meeting of the shool board onstitutes a deision of the shool board, and in the event of any equality of votes the member presiding has a asting vote in addition to a deliberative vote. ( 5) A hairperson of a shool board - must onvene any meeting of the shool board after onsultation with the prinipal of the shool; and may at any time onvene a speial meeting of the shool board. ( 6) Subjet to this At, a shool board may make rules of the shool board governing meetings and proedure at meetings. (7) A member of a shool board who, in the performane of his or her funtions under this At, obtains any onfidential information in relation to the affairs of the shool board may not dislose suh information to any person, exept - for the purpose of the performane of his or her funtions under this At; or when he or she is required to do so by a ompetent ourt of law or by or under any law. Vaation of offie and filling of asual vaanies 23. ( 1) A member of the shool board vaates offie, if suh member- is onvited of an offene and sentened to imprisonment without the option of a fine; fails to omply with or ontravenes this At; resigns from the shool board after giving the hairperson 30 days written notie of suh member's intention to resign; has been absent for three meetings of the shool board in a year without the permission of the hairperson of the shool board; (e) being a learner - (i) (ii) is removed as member by the Learners' Representative Counil by whom the learner was nominated; or eases to be a learner at the shool. (f) being a o-opted member, is relieved from offie by the shool board; (g) being a teaher, leaves the servie of the shool; or (h) is removed from offie by the shool board under subsetion (3).... (2) Despite setion 18(1 ) and unless the shool board otherwise deides, a parent member of a shool board does not vaate offie on the reason only that suh parent's hild has eased to be a learner at the shool. (3) A shool board may, after onsultation with the shool parents at a meeting onvened by the shool board by at least 30 days' notie to suh parents, remove a member of the shool board from offie, if suh member -

19 No.2673 Government Gazette 27 Deember is guilty of misondut or fails to omply with or ontravenes this At; or is by reason of physial or mental illness or for any other reason inapable of ating as member. ( 4) If a member of the shool board dies or vaates offie, the vaany must be filled for the unexpired portion of the term of offie of that member in the manner ontemplated in setion 18. Dissolution of shool board and appointment of administrators 24. ( 1) When in the opinion of the Minister a shool board of a state shool fails to exerise the shool board's funtions properly under this At, the Minister may- appoint a staff member to investigate into the affairs of the shool board and provide a report with reommendations to the Minister within a period not exeeding two months from the date of the appointment; and dissolve the shool board, if on the staff member's report the Minister is satisfied that the shool board annot funtion properly. (2) If a shool board is not onstituted at a state shool or is dissolved under subsetion (1 ), the Minister must - appoint three persons to administer the affairs of the shool for a period not exeeding three months; ause an eletion of a shool board to be held within the period of three months from the date of the appointment of the persons referred to in paragraph ; and if an eletion annot be held within the period of three months, extend the appointment and the eletion referred to in paragraphs and, respetively, by a further period not exeeding three months. Establishment of shool development fund by shool board 25. ( 1) Subjet to setion 81 (2), a shool board may, with the approval of the majority vote of the shool parents present and voting at a meeting onvened by the shool board by at least 30 days' notie to suh parents, establish a shool development fund with the aim - to provide, develop and improve reasonable and neessary failities at shool; and to uplift and improve eduational, sport and ultural ativities at shool. (2) A shool development fund onsists of- moneys reeived in respet of ontributions referred to in subsetion (9); -.. moneys reeived from donations, bequests or any other soure; and interest earned on investments of money standing to the redit of the fund. (3) A shool development fund must not be used- for any purpose whih does not diretly benefit the learners or the shool; or

20 20 Government Gazette 27 Deember 2001 No.2673 for providing loans or any kind ofborrowing by any person. ( 4) The hairperson of the shool board and the prinipal of the shool must, after onsultation with the shool board, open a banking or savings aount in the name of the shool with- any banking institution or building soiety registered under the laws governing banking institutions and building soieties in Namibia; or the Post Offie Savings Bank established in terms of the Posts and Teleommuniations At, 1992 (At No. 19 of 1992). (5) The treasurer of the shool board must- under the supervision and ontrol of the shool board, ontrol and manage the shool development fund and keep all the books of aounts; and never be authorized to sign heques or other form of withdrawals from the shool development fund. ( 6) Any withdrawal from the shool fund aount must be made by means of a heque or other withdrawal form o-signed by the shool prinipal and the shool board hairperson, or by any other two members of the shool board speifially authorized by the shool board.._) (7) The finanial year of a shool development fund ends on 31 Deember in eah year. (8) The Minister must, by notie in the Gazette, presribe guidelines whih must be followed by shool boards when determining the shool development fund ontribution amount, inluding the proedure for the full or partial exemption of parents who are unable to pay suh ontribution. (9) Subjet to subsetion (8), a shool board must, annually and after onsultation with the shool parents at a meeting onvened by the shool board by at least 30 days' notie to the shool parents, determine - the shool development fund ontribution amount payable by parents; and the proedure for the full or partial exemption of parents who are unable to pay the shool development fund ontribution. \ i (10) Subjet to subsetion (9), the shool board may, partially or fully exempt any parent from the payment of shool development fund ontribution. (11) If a parent is partially or fully exempted by the shool board from the payment of the shool development ontribution, the shool board may apply to the Fund for aid to pay suh ontribution. (12) If a parent refuses or fails to pay the shool development fund ontribution, a shool board may exlude the learner of suh parent from taking part in any ativity finaned with the shool development fund ontributions.... ( 13) If a shool development fund ontribution amount determined in terms of subsetion (9) is too high and not determined in aordane with the presribed guidelines referred to in subsetion (8), the Minister may set aside suh amount, and require the shool board onerned to review suh amount in light of any reommendation whih the Minister may make.

21 No.2673 Government Gazette 27 Deember 200 I 21 (14) A shool board must- prepare an annual estimation of inome and expenditure and present it to the shool parents at a general meeting onvened by the shool board by at least 30 days' notie to suh parents, for further input and approval by the majority vote of suh parents present and voting at suh meeting; ause proper books of aounts in respet of the shool development fund to be kept; for the purpose of auditing, prepare and submit the finanial statements and books of aount to - (i) the auditor appointed by the shool board; or (ii) any other person approved by the Permanent Seretary and appointed by the shool board; within three months after the end of eah finanial year, present an annual report, inluding the audited finanial statements, at the shool parents annual general meeting onvened by the shool board by at least 30 days' notie to suh parents for - (i) (ii) queries and omments by suh parents; and adoption by the majority vote of suh parents present and voting at suh meeting; and (e) furnish a opy of the annual report adopted in terms of paragraph (ii), to the Permanent Seretary. ( 15) A shool board may not sell, exhange or otherwise enumber any movable or immovable property of a shool aquired with the shool development fund money without the Minister's approval. ( 16) Despite anything to the ontrary in any law - no tax or harge on inome of a shool development fund is payable by the fund; and no transfer duty, stamp duty or other related moneys is payable by a shool development fund. PART VI EDUCATION DEVELOPMENT FUND Establishment of Eduation Development Fund 26. There is established a fund to be known as the Eduation Development Fund Constitution of Fund 27. The Fund onsists of- moneys appropriated by Parliament for the Fund; moneys donated or aruing to the Fund from any soure; and

22 22 Government Gazette 27 Deember 2001 No.2673 interest derived from the investment of moneys standing to the redit ofthe Fund. Objet of Fund 28. (1) The objet of the Fund is, through finaning by way of grants, loans or other assistane - to provide for the establishment, upliftment, upgrading and improvement of eduational failities to the benefit of soio-eonomially disadvantaged learners; to expand the assistane or aid inluding bursaries to soio-eonomially disadvantaged learners enrolled or to be enrolled at any shool or institution of higher learning; and to expand, improve, upgrade and uplift the eduational programs for the soio-eonomially disadvantaged learners. (2) Speifi donations to the Fund may be utilized in a manner as agreed to between the Fund management and the donor. Administration of Fund 29. (1) The Permanent Seretary is, for the purposes of the State Finane At, 1991 (At No. 31 of 1991 ), the aounting offier of the Fund. (2) The Permanent Seretary is responsible for the administration of the Fund, subjet to the diretions of the Minister given after onsultation with the Advisory Counil, and to the rules made under subsetion (3). (3) The Minister may, with the onurrene of the Minister of Finane, make rules relating to the administration of the Fund. Banking aount 30. The Permanent Seretary must, subjet to setion 29, open and maintain a banking or savings aount in the name of the Fund with- any banking institution or building soiety registered under the laws governing banking institutions and building soieties in Namibia; or the Post Offie Savings Bank established in terms of the Posts and Teleommuniations At, 1992 (At No. 19 of 1992). Finanial year, bookkeeping and auditing of books of aount 31. (1) The finanial year of the Fund ends on 31 Marh in eah year. (2) The Permanent Seretary must - keep suh books of aount as are neessary to represent fairly the state of affairs and business of the Fund and to explain the transations and finanial position of the Fund; and -... not later than three months after the end of eah finanial year, submit suh aounts to the Auditor-General for audit.

23 No.2673 Government Gazette 27 Deember (3) The Auditor-General must submit a report on the audit of the Fund to the Minister who must table the report in the National Assembly within 60 days, if the National Assembly is in session, or, if it is not in session, within 30 days after ommenement of its next session. ( 4) Any money of the Fund whih is not required for immediate use may be invested as the Minister, with the onurrene of the Minister of Finane, may diret. (5) Any unexpended balane in the Fund at the end of any finanial year must be arried forward as a redit in the Fund to the ensuing finanial year. Exemption from payment of tax and other harges 32. No tax or harge on inome or transfer or stamp duty imposed by or under any law is payable by the Fund. PART VII STATE SCHOOLS AND HOSTELS Establishment and lassifiation of state shools and hostels 33. (1) The Minister, out of moneys appropriated for this purpose by Parliament, must - establish and maintain state shools and lasses for the provision of- (i) (ii) (iii) (iv) primary eduation; seondary eduation; speial eduation; adult eduation; and (v) eduation referred to in setion 1(2); and establish and maintain hostels, teahers' resoure entres, shool linis and other failities whih may be neessary for the benefit of learners and teahers in attendane at state shools and lasses ontemplated in paragraph. (2) The Minister may - lassify shools in ategories or setions; divide an established shool into setions; after onsultation with the shool boards and the Regional Eduational Forum onerned, ombine two or more established shools into one shool; or name or rename any state shool on the reommendation of the shool board onerned. - Closure of state shool or hostel 34. (1) The Minister may, after onsultation with the Forum and the shool board onerned, lose or hange the site of a state shool or hostel.

24 24 Government Gazette 27 Deember 2001 No.2673 (2) The Minister may temporarily lose any state shool, lass or hostel on the ground of health or publi interest. (3) The temporary losure of a state shool, lass or hostel referred to in subsetion (2), must - not exeed four months; and not ontinue after the ground on whih it was based has eased to exist. Medium of instrution in state shool 35. ( 1) Subjet to subsetions (3) and ( 4), the English language is the medium of instrution in every state shool. (2) Every state shool must teah the English language as a subjet from the level of the first grade. (3) The Minister must determine the grade level for all state shools from whih English must be used as medium of instrution, and may determine different grade levels for different ategories of shools. (4) The Minister, after onsultation with the shool board onerned and by notie in the Gazette, may delare a language other than English to be used as medium of instrution in any state shool as the Minister may onsider neessary. Provision of urriula, syllabuses, books and other materials 36. The Minister, after onsultation with the Advisory Counil, must determine the urriula, syllabuses, books and other eduational materials and, subjet to suh onditions as the Minister may determine, provide suh urriula, syllabuses, books and other materials to all state shools. Shool alendar and hours of instrution 37. (1) The Minister, after onsultation with the Advisory Counil, must determine- the annual shool alendar; \ ' the minimum number of days in the year on whih instrution must be given; and the minimum hours of instrution. (2) The Minister may approve a deviation from the shool alendar determined under this setion, either generally or for any partiular shool. Tuition, boarding and other fees 38. ( 1) All tuition provided for primary and speial eduation in state shools, inluding all shool books, eduational materials and other related requisites, must be provided free of harge to learners until the seventh grade, or until the age of 16 years, whihever ours first (2) A learner to whom eduation, other than primary eduation, is provided in any state shool, entre or lass or the person responsible for suh learner's eduation, must pay suh fees as the Minister may determine.

25 No.2673 Government Gazette 27 Deember (3) Any learner to whom boarding is provided in any hostel managed, ontrolled and maintained by the State, or the person responsible for suh learner's maintenane, must pay suh boarding fees as the Minister may determine. (4) Different tuition, boarding or other fees may be determined for- (e) different state seondary shools or different grades at seondary shool level; any speial ourse of study whih does not form part of the normal shool urriulum at a shool; different entres, or lasses or different ourses provided in suh entres or lasses; different hostels or ategories of hostels in whih boarding is provided; and different learners or ategories of learners to whom eduation or boarding referred to in subsetions (2) and (3), respetively, is provided. Exemption from payment of tuition, boarding or other fees 39. The Minister, in the presribed manner and form and on suh onditions as the Minister may determine, may partially or fully exempt any learner or any ategory of learners from payment of tuition, boarding or any other fees. Freedom to pratise religion at state shool 40. ( 1) A learner at a state shool or hostel has the right to pratise any religion whih is not against publi poliy and to manifest suh pratie without fear or intimidation from anybody at the shool or hostel. (2) A shool board may, after onsultation with the shool parents at a meeting onvened by the shool board by at least 30 days' notie to suh parents, determine the ondut of religious observane at a shool or hostel. (3) A learner or staff member at a state shool or hostel may attend religious observane at suh learner's or staff member's own will. Establishment of private shool PART VIII PRIVATE SCHOOLS 41. (1) A person has the right to establish and maintain a private shool at suh person's own expense, but is required to register suh shool in terms of setion 42 before eduation is provided to any person at the shool. (2) The name ofthe owner of a private shool, who may be a natural person, a body orporate, a trust, a hurh, or a registered welfare organization, and the name of the shool must be learly indiated in the register and on the shool premises. -.. Registration of private shool 42. (1) An appliation for the registration of a private shool must be made to the Minister in the presribed form.

26 26 Government Gazette 27 Deember 2001 No.2673 (2) The Minister must register a private shool within a reasonable period, if- the Minister is satisfied that the shool and any hostel premises or other failities provided or to be provided at the shool, are suitable and adequate in aordane with the presribed minimum requirements appliable to state shools having regard to the total number, ages and gender of the learners who are to attend the shool; and the owner of the shool undertakes, to the satisfation of the Minister, that- (i) (ii) (iii) (iv) (v) adequate finanial provision has been made or guaranteed for the maintenane of the shool for a reasonable period; the teahing staff to be employed at the shool ar suffiiently qualified for the purpose of effiient provision of qualitative basi eduation; the shool will provide a standard of eduation not inferior to the standard maintained in omparable state shools; the shool will not impose restritions of whatever nature with respet to the admission of learners based on rae, ethni origin, olour or reed; and the shool will not impose restritions of whatever nature with respet to the remi tmen t and appointment of staff based on rae, ethni origin or olour. Register of private shools 43. The Minister must ause to be kept and maintained a register of private shools in the presribed form. Transfer of ownership of private shool 44. ( 1) If the ownership of a private shool is to be transferred, the new owner's name must be entered in the register and the previous owner's name deleted. (2) If the person to whom a private shool is to be transferred proposes to deviate from the terms and onditions under whih the shool was initially registered, suh person must apply anew for the registration of the shool. ~ _j Deregistration of private shool 45. ( 1) The Minister may, subjet to subsetion (2), deregister a private shool registered in terms of setion 42, if- any of the irumstanes arises on whih the Permanent Seretary would have refused suh registration under setion 42; subsequent to the registration of the shool, the shool has ontravened any of the terms and onditions under whih the shool has been registered; the shool has eased to operate or exist; or the shool has been losed under setion 47 and remains losed after a period of six months of suh losure (2) The Minister must, in writing, notify the owner of the private shool of his or her intention to deregister the shool under subsetion (1 ), and the owner may, within.,.,.. _...

27 No.2673 Government Gazette 27 Deember a period of 30 days from the date of reeipt of the notifiation, make representations in writing to the Minister. (3) If, after onsideration of the representations made under subsetion (2), the Minister deides to deregister a private shool under subsetion ( 1 ), he or she must, in writing, notify the owner of the shool of his or her deision to deregister. Failure to omply with terms and onditions and issue of notie of warning 46. If, following an inspetion onduted at a private shool under setion 64, the Minister is satisfied - that the owner of the private shool fails to omply with the terms and onditions of registration of the shool or with any provision of this At ; or that the shool is being onduted in a way whih is prejudiial to the welfare of the learners of the shool or the peae, good order or good governane of the Republi ofnamibia, the Minister must by notie in writing inform the owner of the private shool aordingly and diret the owner to remedy the defets within suh period, not exeeding six months, as may be speified in the notie. Failure to satisfy notie of warning and losure of private shool 47. (1) If the owner of the private shool fails to remedy the defets within the period speified in a notie issued under. setion 46, the Minister may order the losure of the shool. (2) If, after the losure of a private shool has been ordered under subsetion ( 1 ), the owner of the shool omplies with the notie, the Minister may grant permission to re-open the shool. (3) A private shool whih has been losed under subsetion (1) and remains losed for a period exeeding six months may be deregistered under setion 45, and the owner of the shool is required to apply for re-registration under setion 42 before being allowed to re-open the shool. Takeover of management and ontrol of private shool 48. The Minister may take over the management and ontrol of a private shool, if- the owner of the shool has requested the takeover; or Aid for private shools the shool has been deregistered under setion 45 or losed under setion 47, and the owner of the shool has agreed to the Minister's request for the takeover. 49. (1) The Minister may, out of money appropriated for this purpose by Parliament, grant aid to private shools on the presribed onditions and suh other onditions as the Minister may impose, whih may require a private shool -.. to establish a shool board or shool development fund in aordane with the provisions of Part V;

28 28 Government Gazette 27 Deember 2001 No.2673 to alter the shool's power in respet of appointment, transfer or dismissal ofteahers referred to in setion 51; to regulate the admission of learners to the shool in aordane with setion 54; to draft and adopt a learners' ode of ondut in aordane with setion 55; (e) to establish a body of learners in aordane with setion 60; (f) to offer any ourse of study instituted under setion 61. (2) The Minister may, by notie in the Gazette, ategorize the private shools whih reeive aid under subsetion (1 ), in aordane with the form of aid a shool reeives. (3) If a ondition subjet to whih aid was granted to a private shool has not been omplied with, the Minister may, subjet to subsetion (4), redue or terminate the aid. (4) The Minister may not under subsetion (3) redue or terminate any aid granted to a private shool, unless the Minister has given the owner of the private shool onerned a reasonable opportunity to make written representations giving reasons why the aid should not be redued or terminated. (5) Aid to a private shool or hostel may be granted in the form of- (e) subsidy; the provision of materials; the provision of teahers who are staff members of the Ministry; the ombination of two or more of the forms of aid referred to in paragraphs, and ; or any other form of aid determined by the Minister. (6) As soon as pratiable after the ommenement of this At, the Minister must review all existing aid granted to private shools before the ommenement of this At, and may, depending on the terms and onditions of the aid so reviewed - extend the aid on improved terms and onditions in aordane with this At; or redue or terminate the aid. (7) The owner of a private shool must be given a reasonable opportunity to make representations to the Minister before any aid is redued or terminated under subsetion ( 6)(b ). Approval of urriulum, medium ofinstrution or examining body for private shool (1) Subjet to setion 41, the Minister may upon appliation approve a urriulum, a language as medium of instmtion, or an examining body for a private shool, if suh urriulum, medium of instmtion or examining body differs from that appliable to state shools.

29 No.2673 Government Gazette 27 Deember 200 I 29 (2) The Minister may determine the minimum time to be alloated to the teahing of the English language, if the medium of instrution at a private shool is not English. Powers of private shool in relation to staff matters 51. Subjet to the Labour At, 1992 (At No. 6 of 1992), the power to appoint, transfer or dismiss teahers to or from posts on the establishment of a private shool exept teahers referred to in setion 49(5) - vests in the owner or ontrolling body of the shool; and is subjet to any restritions determined in the onditions of registration or onditions of aid. Registration of learner for eduation at home 52. ( 1) A parent may apply to the Minister for the registration of a learner to reeive eduation at home. (2) The Minister may only register a learner under subsetion (1 ), if the Minister is satisfied that - a situation exists that prevents the learner from attending or fully benefiting from the regular shool attendane; the registration is in the best interest of the learner; the eduation to be reeived by the l~arner at home- (i) (ii) meets the minimum requirements of the urriulum at state shools; and is of a standard not inferior to the standard of eduation provided at state shools. (3) The Minister may grant registration under subsetion (2) subjet to suh onditions as the Minister may impose. (4) The Minister may withdraw the registration referred to in subsetion (1), if- the situation ontemplated in subsetion (2) eases to exist; the best interest of the learner is no longer served; or the parent fails to omply with - (i) the minimum requirements or standard referred to in subsetion (2)( ); or (ii) the onditions ontemplated in subsetion (3). - - ( 5) The Minister may not withdraw the registration of a learner under subsetion ( 4), unless the Minister- has informed the parent of his or her intention to withdraw the registration and the reasons for suh withdrawal; and has granted to the parent a reasonable opportunity to make representations in relation to suh withdrawal.

30 30 Government Gazette 27 Deember 2001 No.2673 Compulsory shool attendane PART IX LEARNERS 53. (1) Subjet to subsetion (2), shool attendane is ompulsory for every hild from the beginning of the year in whih the hild attains the age of seven years, until- the day the hild ompletes primary eduation before reahing the age of 16 years; or the last shool day of the year in whih the hild reahes the age of 16 years. (2) Notwithstanding the provision of subsetion (1), the Minister may- on grounds ofhealth or other onsiderations pertaining to the publi interest, by notie in the Gazette determine that during a speified period ompulsory shool attendane does not apply - (i) (ii) to hildren who reside in a geographi area whih is speified in the notie; or to hildren of an age group whih is speified in the notie; or exempt a hild entirely or partially from ompulsory shool attendane, if it is in the best interest of the hild or in the pub1i interest. (3) Subjet to subsetion (2), the parent of a hild for whom regular shool attendane is ompulsory, must ensure that suh hild is registered with a shool and regularly attends shool. ( 4) The Minister may appoint any staff member to investigate the registration and the shool attendane of any hild for whom shool attendane is ompulsory. (5) If the parent of a hild referred to in subsetion (3), fails or refuses to omply with subsetion (3), the Minister must issue a notie in writing to the parent requesting the parent to omply with that subsetion within the period speified in the notie. Admission of learner to state shool 54. ( 1) An appliation for admission of a learner to a state shool must be made by the parent to the prinipal of the shool in the presribed form. (2) The prinipal must inform the appliant in writing of the outome of the appliation, whether suessful or not, and if the appliation is unsuessful, the reasons must be provided. (3) The prinipal must notify the Minister in writing of any learner refused admission to the shool on ground other than the shool being full or the preferred subjet hoie not being offered at the shool, and state that reason. ( 4) The parent of a learner who has been refused admission to a state shool may, within 14 days from the date of reeipt by suh parent of the letter of refusal, appeal in writing to the Minister against the prinipal's deision referred to in subsetion (2).

31 No.2673 Government Gazette 27 Deember ( 5) The Minister, within 20 days of reeipt of the appeal referred to in subsetion ( 4) and after onsidering the reasons and all the irumstanes surrounding the matter and the representations made by the parent on appeal, may take any deision the Minister thinks fit. General rules of ondut and learners' ode of ondut 55. ( 1) The Minister must make general rules of ondut whih must be inorporated into the learners' ode of ondut of all state shools. (2) Subjet to subsetion (1), a shool board of a state shool must, after onsultation with the shool parents, learners and teahers of the shool, draft and adopt a learners' ode of ondut. Corporal punishment upon learner 56. (I) A teaher or any other person employed at a state shool or hostel or private shool or hostel ommits misondut, if suh teaher or person, in the performane of his or her offiial duties imposes or administers orporal punishment upon a learner, or auses orporal punishment to be imposed or administered upon a learner. (2) For the purposes of the Labour At, 1992 (At No.6 of 1992), misondut ontemplated in subsetion (1) onstitutes a valid and fair reason for any disiplinary ation. Suspension of learner from state shool or hostel 57. (1) If the prinipal of a state shool has reason to believe that a learner at that shool or aommodated in a hostel of that shool is guilty of misondut, the prinipal may harge the learner in writing with misondut. (2) The prinipal may suspend a learner from shool or hostel or both at any time - before the learner is harged with misondut under subsetion (1); or after the learner is harged with misondut under subsetion (1 ), pending the onlusion of the disiplinary hearing in terms of subsetion ( 6). (3) A learner may be suspended only if- the nature of the misondut ditates that the learner be removed from shool or hostel; the possibility exists that the learner may interfere or tamper with witnesses or evidene; or it is in the interest of the shool or hostel ommunity or publi interest. ( 4) The suspension of any learner may at any time be anelled - by the prinipal who has suspended the learner under subsetion (2), if-.. (i) (ii) in the prinipal's opinion all the reasons for the suspension have lapsed; or the shool board has reommended to the prinipal the anellation thereof; or

32 32 Government Gazette 27 Deember 2001 No.2673 by the Permanent Seretary, if in the Permanent Seretary's opinion no valid ause exists for the suspension. ( 5) The anellation of a suspension of a learner does not affet any proeedings in onnetion with the harge of misondut against the learner. ( 6) The disiplinary hearing on a harge of misondut in terms of subsetion (1) must be held before the shool board within 20 days from the date the learner was harged, whih may, upon a finding that the learner is guilty of misondut - impose any presribed penalty; or make a reommendation to the Permanent Seretary to expel the learner from shool or hostel, if the learner is guilty of serious misondut. (7) The hairperson of the shool board must- in writing notify the parent of the deision of the shool board made in terms of subsetion (6), and ifthe learner is found guilty of misondut, the reasons must be stated; at the request of the parent, made within seven days of reeipt of the notifiation referred to in paragraph, furnish the parent with a opy of the reord of proeedings, doumentary evidene and reasons; or within seven days ofthe shool board's finding and reommendation under subsetion ( 6)(b ), furnish the Permanent Seretary with the reord of proeedings, doumentary evidene, reasons and reommendation. (8) A parent may, within 14 days from the date of reeipt of the opy of the reord of proeedings, doumentary evidene and reasons, appeal in writing to the Permanent Seretary against the finding of the shool board, or any penalty imposed under subsetion (6) or against both. (9) The Permanent Seretary, within 20 days from the date of reeipt of an appeal by the parent and after onsideration of all the douments referred to in subsetion (8) and the representations made by the parent, may - allow the appeal in whole or in part and vary or set aside the finding; dismiss the appeal and onfirm the finding; or send the matter bak to the shool board to hold a further inquiry and to make a finding in terms of subsetion ( 6). (10) A parent may, within 14 days from the date of reeipt of the Permanent Seretary's deision under subsetion (9)(b ), appeal to the Minister against the deision of the Permanent Seretary, and the Minister may within 20 days of reeipt of an appeal by the parent - allow the appeal in whole or in part and vary or set aside the deision; or dismiss the appeal and onfirm the deision. li Expulsion of learner from state shool or hostel 58. (1) The Permanent Seretary, within 14 days of reeipt of the reommendation of the shool board and all douments submitted to the Permanent Seretary in terms of setion 57(7)( ) and after onsideration of suh reommendation and douments, may expel a learner from the state shool or hostel.

33 No.2673 Government Gazette 27 Deember (2) The Permanent Seretary must - in writing notify the parent of the Permanent Seretary's deision to expel the learner from the state shool or hostel; or at the request of the parent made within seven days of reeipt of the notifiation referred to in paragraph, furnish the parent with- (i) (ii) a opy of the reord of proeedings, doumentary evidene, reasons and reommendation submitted to the Permanent Seretary in terms of setion 57(7)( ); and the Permanent Seretary's reasons. (3) A parent may, within 14 days from the date of reeipt of the reord of proeedings, doumentary evidene, reasons and reommendation referred to in subsetion (2)(b ), appeal in writing to the Minister against- the finding of the shool board or the deision of the Permanent Seretary to expel the learner from the state shool or hostel; or both the finding of the shool board and the deision of the Permanent Seretary to expel the learner from shool or hostel. ( 4) The Minister, within 20 days from the date of reeipt of an appeal referred to in subsetion (3) and after onsideration of the douments referred to in that subsetion, may- allow the appeal in whole or in part and vary or set aside the finding of the shool board, or the deision of the Permanent Seretary, or both; or dismiss the appeal and onfirm the finding of the shool board, and the deision of the Permanent Seretary. Learner shool reports 59. (1) The prinipal of a state shool must ensure that the parent of eah learner is provided with regular reports in writing on the aademi progress, general behaviour and ondut of the learner. (2) Non-payment of the shool development fund ontribution ontemplated in setion 25(9) in respet of any learner is not suffiient reason for withholding a report to be issued under subsetion (I). Learners' Representative Counil 60. ( 1) Every state seondary shool must establish a body of learners to be known as the Learners' Representative Counil in aordane with the presribed guidelines whih must determine the omposition and duties and funtions of suh a ounil... (2) The Minister, in the presribed manner and form, may exempt a speial shool from omplying with subsetion (1), if it is not pratially possible for a Learners' Representative Counil to be established at the shool.

34 34 Government Gazette 27 Deember 2001 No.2673 PART X STUDY COURSES, EXAMINATIONS, CERTIFICATES AND DIPLOMAS Institution of ourses of study 61. (1) Subjet to subsetion (2) and after onsultation with the Advisory Counil, the Minister may - institute ourses for the eduation, instrution or training of persons in state shools; or abolish any ourse instituted under paragraph. (2) The ourses instituted under subsetion ( 1) must omply with the minimum requirements and standards presribed by the Board under setion 14. (3) The Minister must determine the nature and duration of, and the onditions for admission to, any ourse instituted under subsetion (1 ). Examinations, ertifiates and diplomas 62. ( 1) The Minister may ause - examinations and other forms of assessment to be onduted in respet of ourses instituted under setion 61; and ertifiates or diplomas to be issued to learners who have satisfied the minimum requirements and minimum standards presribed by the Board in respet of suh ourses. (2) No person may issue ertifiates or diplomas regarding any ourse of study in eduation or training provided for in this At, exept in aordane with this At. Exemption from attending or onduting ourses of study 63. ( 1) The Minister may, on the reommendation of the Board, exempt - a learner from attending any ourse instituted under setion 61(1); or a shool from onduting any ourse instituted under setion 61 (1 ). (2) The Minister may only grant an exemption under subsetion ( 1 ), if the Minister is satisfied that - the learner has already satisfied the minimum requirements in suh ourse or another similar ourse and the examination or other form of assessment in suh other similar ourse is equal to the minimum requirements and standards presribed by the Board for suh ourse; the shool is already onduting or proposes to ondut a ourse with similar minimum requirements and ontents and the examination or other form of assessment in suh other similar ourse is equal to the minimum requirements and standards presribed by the Board for suh ourse; the exemption is in the publi interest or the best interest of the learner, or the shool onerned.

35 No.2673 Government Gazette 27 Deember PART XI INSPECTION AND INVESTIGATION OF SCHOOLS General inspetions, investigation and information 64. (1) All shools, lasses, hostels and programs are subjet to inspetion and investigation to asertain whether the provisions of this At are being omplied with. (2) The prinipal or any other person in harge of a shool, lass, program or hostel must provide all the information required by the Minister in onnetion with the affairs of the shool, lass, program or hostel. (3) Subjet to subsetion (4), the Minister may authorize any staff member to enter any shool or hostel to inspet, investigate and monitor - (e) (f) (g) eduational progress; general administration; servies and failities; finanial and other reords; teahers and other staff; learners and boarders; or any other matter whih needs to be inspeted or investigated. (4) The inspetion and investigation and monitoring of a private shool must be on matters as determined by the terms and onditions of registration of the shool. (5) Any person arrying out any inspetion or investigation referred to in subsetion (3) or setion 65(2), may at any reasonable time, with or without prior notifiation - enter any shool or hostel to whih suh inspetion or investigation relates; question any person who may be able to furnish any information whih may be of any relevane for suh inspetion or investigation; or by notie in writing diret any person who may be able to produe any material, book or doument, or to furnish any information, whih may be of any relevane to suh inspetion or investigation - (i) (ii) to produe suh material, book or doument to suh person; or to furnish suh information to suh person. Health inspetions and examinations 65. ( 1) The Minister, after onsultation with the Minister ofhealth and Soial Servies and after notifiation of shool parents, may ause medial and dental examinations and inspetions to be arried out in respet of learners and staff at any shool or hostel.

36 36 Government Gazette 27 Deember 2001 No.2673 (2) Subjet to setion 64(5), the Minister may, after onsultation with the Minister of Health and Soial Servies, ause an inspetion and examination of the premises, buildings and aessories of any shool or hostel to be arried out regarding any health hazard. (3) Subjet to subsetion ( 4), the Minister may, in onsultation with the Minister of Health and Soial Servies, take suh measures as may be neessary - for the improvement of the physial and mental well-being of learners and staff referred to in subsetion (I); and for the promotion and preservation of hygieni onditions in, at or on the buildings and premises referred to in subsetion (2). (4) A learner or staff member referred to in subsetion (I) or the learner's parent- has the right to have examinations and inspetions and measures referred to in subsetions (1) and (3), respetively, arried out at suh learner's or staff member's own ost by a private medial pratitioner of suh learner's or staff's own hoie; and must provide proof of suh examinations or inspetions or measures within a period determined by the Minister. Reporting on inspetions and examinations 66. The person who arried out an inspetion, investigation or examination in terms of setion 64 or 65(2) must, within a period of 30 days - issue a written report to the Minister on the findings and reommendations on suh findings; and furnish opies of the report to the prinipal, shool board and any person in harge of the shool or hostel so inspeted or examined. Adult eduation and literay programs PART XII ADULT EDUCATION 67. (1) The Minister, out of moneys appropriated for this purpose by Parliament and upon appliation by any ommunity, may establish, maintain, and support adult eduation and literay programs, and may presribe - (e) (f) minimum requirements for admission of minors over the age of 16 years; the entitlement of adults to free or subsidized tuition; the measures for the ontrol, monitoring and evaluation of adults study groups; urriula for and standards of ourses of study; the provision of staff training and materials development; requirements and proedure for registration and subsidization of private and publi setor bodies providing basi eduation to adults, inluding the manner of reporting on the progress of programs; and.

37 iiilllllll t n "'~.-r:~,r.. a~?i'z.. m rr z.. IZIPI?I11P.. r ~n r rz~-._ No.2673 Government Gazette 27 Deember (g) the fees payable by persons enrolled for adult eduation or literay programs or the fees payable in respet of any examinations or the issue of ertifiates to persons enrolled for suh eduation or programs. (2) The Minister may, after onsultation with the Advisory Counil, regional ounil and loal authority ounils and other bodies interested in eduation, establish suh ounils or other bodies for the o-ordination and effiient administration of adult eduation programs on a national, regional or loal level. PART XIII CULTURAL INSTITUTIONS AND PRE-PRIMARY EDUCATION Establishment of ultural institutions or organizations 68. The Minister may, out of moneys appropriated for this purpose by Parliament - establish ultural institutions or organizations, or failitate or assist in the establishment of ultural institutions or organizations by private persons in order to promote ulture and to ensure the enjoyment of ultural opportunities; ause ultural ativities to take plae at shools to enable the pratie, maintenane and promotion of any ulture, language or tradition; enter into agreements with any organization for the purpose of enhaning ulture and related ativities; and after onsultation with the Advisory Counil, regional and loal authority ounils and other bodies interested in ulture, establish suh ounils or other bodies as may be neessary for the o-ordination and administration of ultural programs on national, regional or loal level. Support for pre-primary eduation 69. The Minister may provide support and assistane to any registered person or ommunity providing pre-primary eduation, inluding - professional advie and training of early hildhood developers; and the provision of appropriate programs and materials. Establishment of Teahing Servie PART XIV TEACHING SERVICE 70. There is established a servie to be known as the Teahing Servie. Constitution of Teahing Servie 71. The Teahing Servie onsists of the persons employed in the Publi Servie, suitable and suffiient in number to provide eduation, both basi eduation and higher eduation, having regard to any arrangements for the utilization of persons who are teahers by qualifiation but employed otherwise than teahers.

38 38 Government Gazette 27 Deember 2001 No.2673 Objet of Teahing Servie 72. The objet of the Teahing Servie is- to seure the provision of eduation appropriate to the ages, abilities, aptitudes and needs of the persons reeiving it; and to serve the eduational interests and the eduational needs of all the people of the Republi ofnamibia. Code of ondut for Teahing Servie 73. The Minister, in onsultation with the Minister responsible for higher eduation, must, in addition to the regulations made by the Prime Minister under setion 34(1 )(i) of the Publi Servie At, presribe a ode of ondut for the Teahing Servie whih determines, among others - the professional ondut for teahers; and the proedure to be followed and the measures to be taken in ase of ontravention of or failure to omply with any provision of the ode. :J Establishment of Teahing Servie Committee 74. Notwithstanding the provisions of setion 6(4) of the Publi Servie Commission At, the Commission must, in onsultation with the Ministers responsible for eduation and the Prime Minister, establish a ommittee of the Commission to be known as the Teahing Servie Committee to perform the funtions referred to in setion 7 5. Funtions of Teahing Servie Committee 75. The funtions of the Teahing Servie Committee are- to assist and advise the Commission on any matter onerning eduation ; to assist and advise the Commission on any matter onerning the Teahing Servie; and to exerise any power and perform any funtion or duty whih the Commission may delegate or assign to the Teahing Servie Committee in relation to the Teahing Servie. PART XV GENERAL PROVISIONS Prohibition of ertain materials from shools or hostels 76. The Minister may by notie in the Gazette prohibit any substane, artile or publiation from being distributed, traded, shown or used in or on the premises of a shool or hostel to whih this At applies, if in the Minister's opinion suh material is ontrary to publi interest or the best interest of learners. General offenes and penalties 77. (1) A person ommits an offene, if suh person - disloses any onfidential information on any examination onduted, or any ertifiate or diploma issued, in terms of setion 62( 1 ), in ontravention

39 No.2673 Government Gazette 27 Deember of any rule made under setion 15, or enourages another person to do so; 0 (e) (f) (g) refuses to give information or knowingly gives false information relating to any matter of suspeted breah of onfidentiality regarding any examination onduted, or any ertifiate or diploma issued, in terms of setion 62( 1 ); falsifies or ounterfeits or auses to be falsified or ounterfeited any ertifiate or diploma purporting to have been issued in terms of setion 62(1); presents or utters a false ertifiate or diploma purporting to have been issued in terms of setion 62( 1) knowing suh ertifiate or diploma to be false; alters or tampers with, a ertifiate or diploma issued in terms of -setion 62(1); issues a ertifiate or diploma for any ourse of study in eduation or training provided under this At in ontravention of setion 62(2); during the normal hours of shool attendane employs, whether for remuneration or otherwise, or harbours a hild who is subjet to ompulsory shool attendane; (h) refuses or fails - (i) to furnish to any staff member appointed under setion 53( 4) to investigate the shool attendane of any learner, any information relating to the investigation; or (ii) to omply with the notie issued by the Minister under setion 53(5); (i) (j) obstruts, hinders, handiaps or disturbs any staff member referred to in paragraph (h)(i) in the ondut of any investigation under setion 53(4); obstruts, hinders, handiaps or disturbs any authorized person who arries out an inspetion or investigation in terms of setion 64(3); (k) refuses or fails to allow any authorized person referred to in setion 64(3) to enter any premises for inspetion or investigation referred to in that setion; (1) refuses or fails to answer properly any question during any inspetion or investigation referred to in Part XI; (m) (n) gives an answer to any question under setion 64(5) whih is false or inorret in any material respet, knowing it to be so false or inorret; or refuses or without reasonable exuse fails to produe any material, book or doument, or to furnish any information in aordane with any diretive referred to in subsetion 64(5); ( o) distributes, trades, shows or uses in or on the premises of a shool, or a hostel to whih this At applies, any substane, artile or publiation whih has been prohibited by the Minister under setion 76; or (p) ontravenes setion 22 (7). (2) A person onvited of an offene -

40 40 Government Gazette 27 Deember 2001 No.2673 in terms of subsetion (l) to (f), inlusive, is liable to a penalty not exeeding a fine of N$ or a period of four years imprisonment, or both suh fine and suh imprisonment; or in terms of subsetion (1 )(g) to (p ), inlusive, is liable to a penalty not exeeding a fine ofn$6 000 or a period of two years imprisonment, or both suh fine and suh imprisonment. Delegation of powers and assignment of duties or funtions by Minister and Permanent Seretary 78. ( 1) The Minister may - / by notie in the Gazette, delegate any power onferred upon the Minister by this At, exluding the power to make regulations and to determine any appeal under this At, to the Permanent Seretary or any staff member in the Ministry; and in writing assign any duty or funtion imposed upon the Minister by this At to the Permanent Seretary or any staff member in the Ministry. ) (2) The Permanent Seretary may- by notie in the Gazette delegate any power onferred upon the Permanent Seretary by this At, exluding the power to determine any appeal under this At, to any staff member in the Ministry; and in writing assign any duty or funtion imposed upon the Permanent Seretary by this At to any staff member in the Ministry. (3) The Minister or Permanent Seretary - is not divested of any power delegated or any duty or funtion assigned under subsetion (1) or (2); may vary or set aside any deision made under the power so delegated or perform any duty or funtion so assigned; and at any time withdraw the delegation of any power or the assignment of any duty or funtion, as the ase may be. ( 4) If a deision varied or set aside under subsetion (3 ) relates to any person, that person may, within 14 days after the variation or setting aside of the deision, make written representation to the Minister or the Permanent Seretary, as the ase may be, regarding suh variation or setting aside. Limitation of legal proeedings 79. (1) No legal proeedings of whatever nature may be brought in respet of anything done, omitted or purported to have been done or omitted in terms of this At, unless suh proeedings are brought within the period of 12 months from the date on whih the laimant had knowledge of the laim, or might reasonably have been expeted to have knowledge of the laim, whihever ours first. (2) No legal proeedings referred to in subsetion (1) may be ommened before the expiry of 30 days after written notie of intention to bring suh proeedings, ontaining full partiulars of the laim, has been served on the defendant.

41 No.2673 Govemmnl Gazeue 27 Deember HIXJCATIONACI', 2001 (3) If a notie :ontemp,aud in subsetion (2) it given, the NMing oftbe period of 12 months referred to in tubieet.ion (I) is suspended d~n& the period of 30 days referred 10 in subletion (2). Jh.guladonr 80. (J) The Miniar may make regulations in relatioo to- the mtnimum l&andards for the bealtb and safety of learners and saff of shools and hostell; tbe impdon and inv<lliplion of sbooll and bo<leb: (<) tbe m<uifts (O< tbe p!oyuioo of!'"medial and $p«<al - ; (f) (&) (i) tbe ondirions lad ~r undef wbifl BI""IS. sd>olanbips. bunarieo, loans lad otbe< fifwl<oalou""""" may be pallled, irlr<ued orwid>dr.lwn undtt Jte!lion lb. the malumum fees and o.t'l(f h:lijcs payable 1n resp«t orleame:rs at any sqte ldlool, lhe appropnauofl o( money of a shool development rund and the man.nt"r or kequns reords, books of aouns and 5to:k takmg, lh: appomtmen.t of 1Ud1ton and ~lated matters; the: form of lln)' appl iatlon or aarment and further ondtbons, l3ssi fjcation and proedures for rgijtmtion. der:klstrttion &nd re-registration ofpnvat shools: the reords to be kept Wld ttw; 1nformat1on and st.ati.stts to be provjdd by pnvate s.hool11: G) the requueme.nts for admiuion of learners r-rom private shools to extlminations ondlicil'.d by or under the supervision of the Ministry; (k) (I) (m) the minimum Md maximum age limit for learners to be admitted to state shools or to ertain &111ds in suh KJ,ools: the aeneml riteria for admission ofleamen to slt'ne shool$ and the transfer of 11 learner (rom one shool to anotht: the ~s onsdtuling mi'c:ondut by lej~men ~~state shools. inluding. (i) (ii) proedures for dealing with ases of misondut: Md responsibilities 1nd powl'$ of shool prinipals. tbool boards and s~aitmc'mbrs of the Mim.stry in res:pel of rnisleondut; (n) (o) (JI) the: qualifadon and nominat.on of anhdal:s for, and proedureat,sehooj board eletions; any nuttrwtuh ~ 11:nm oflhisae b rxpurd orpamitted to be presribed: and mnlly. any matt«1ft n:::&pea o(rljh tj Mi.ntSD'onsklrs il neessary or -xpobnt to make re~ m Order 10 Jdua the: objets of this At.

42 42 Governroen' Gazette 27 Deember 200 I No.2673 A N locii EDUCATION ACT, 2001 (2) Aft)' raujjtion made lll')dr this JeCilOft may prsnb: pmlbc'$ DOl a eed.ina a rme or N$2 000 or i~t noe exttu--a a pnod or sg, months.. or both IUCh fine: IOd suh unpnsonmeru.. fx any rontravmbon of or fa1iw'( to onpty wilh!:hat rf&uiil»>n. s., fnp tad transitional provitiont I 1. (I) The shool boards and shool oomm!ll~ and otbfr ovem1ng bodies for sat shools wh1h exist at the date of ommenmttnt of this At nn1st wtthin a period of ll month! from lb date of ommen«ment o( thij Al. be djssoi\'d and onstinud m u:rln$ ot'th1s At. (2) Any 1hool fund, trust fund and other fl1nds for tl SUllO sh~ol CSIOlblishOO in umns of any law repealed by th.isat and existing at the date or om.me:nom.nt of th.is At ill deemed to be a shool development fund established under setion 2S. (3) A state shool, lass. bostel, teahers' resoure entre, shool lini, and other l'll.1hty, estabhshed under a law repealed by this At find elllilins 3t I he dl'\t or otntnnmnt of thts At is deemed to ha\ t been established under At (_.) 1 priv&t: t.bool v.rbib has been regi~erod in 1e:nns ohny l1w repealed by thij At must be: ~registered in ltnnsof serion 42 within the period or J 2 months from the: d.ate or ommenement of this At:L (5) Unless ohno<ise pro.-ikd m dtisaci,io)'ihina done1md<t ony bw rpal<d by this At.. and "'b1dt ou&d have been done under a om:spontlna provio;k)n ofdti~ A:t, as deemed to ba\ e bea dof'lf! UDC.Iet tnt a:t~n1 ptt')yi'ion Appllttr~n or At 81, Thts At applies to basi du3tton and related mnun, and to allllchools. lasses, pro8jtlm5 and other plaes in whih edutltional IICUviti:, to whih this At apphes,. nr ptrfonnd. Repeal of II WS 83. The luws Sd out in the Shedule are repealed to the extent indtii.ted in the third olumn thereof Shon II Itt' 1nd tm menement 84. ( 1) Th i~ A.tts alled tbe r:a:uationat. 200 I, 1111d omet an to operation. s~ bje:t 1ft sub~lion (2). on a date lobe dd:rmined by the ~4tnist r by notie in 1he Gauu,. (2) The pmviuoosofpar.gnpbs(g),(h)ond(o)or..-,on(l)ork<booi77 ome into optnl:101t I 2 modllu afkr tb: date d1:nntr:rd under subs.t:oon (I).