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Ombudsman's comunity visit to Kunene |
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Written by Eileen Rakow
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Friday, 18 February 2011 15:55 |
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During the latter part of November 2010 the Ombudsman visited some of the comunities in the Kunene region of Namibia. This is a vast region and traditionally the comunal area of the Himba people
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Last Updated on Friday, 18 February 2011 16:07 |
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Written by Eileen Rakow
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Friday, 18 February 2011 15:30 |
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The achievement award for investigator of the year went to Mr. Erastus Mwanyangapo. This is a new tropy introduced by the Ombudsman, Adv. Walters in 2010 and the sucessful candidate was nominated and voted for by his peers. Congratulations Mr. Mwanyangapo
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Last Updated on Friday, 18 February 2011 15:35 |
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The Office of the Ombudsman in Namibia strives to promote and protect human rights, promote fair and effective administration, combat corrupt practices and protect the environment and natural resources of Namibia through independent and impartial investigation and resolution of complaints, as well as raising public awareness.
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Written by Adv. Walters
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Monday, 21 June 2010 15:34 |
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FACT AND REALITY: FREE EDUCATION CHAPTER 3 ARTICLE 20 OF THE NAMIBIAN CONSTITUTION VERSUS THE EDUCATION ACT (NO 16 OF 2001) WITH REGARD TO THE PAYMENT OF SCHOOL DEVELOPMENT FUND CONTRIBUTION (SDF): IMPACT ON ORPHANS AND VULNERABLE CHILDREN (OVC): A BRIEF DISCUSSION
Introduction
The inaccessibility to free and compulsory primary education has been addressed by the U.N. Committee on Economic, Social and Cultural Rights as follows:
“The requirement that primary education be provided, without charge to the child, parents or guardians are unequivocal. The provision of “free” primary education is not conditional on the availability of resources. Accordingly the obligation to ensure that primary education shall be compulsory and free to all applies to all situations including those in which local communities are unable to furnish buildings or individual are unable to afford the costs associated with attendance school”
Cited by: Jayawikrama N: The Judicial Application of Human Rights p.896
The Namibian Constitution versus the Education Act
Does the Education Act violate the letter and spirit of the Namibian Constitution as far as free and compulsory education is concerned? To answer the question, allow me to analyse the relevant provisions of the Constitution and the Act first and then draw the necessary conclusions.
In terms of Article 20 (2) of the Constitution the State shall provide reasonable facilities to render effective the right to education to every resident within Namibia by establishing and maintaining state schools at which primary education will be provided free of charge (emphasis added). This obligation is amplified by the Education Act:
In terms of section 33, the Ministry of Education must:
a) “establish and maintain state schools and classes for the provision of primary education…
b) establish and maintain hostels, teachers’ resource centres, school clinics and other facilities which may be necessary for the benefit of learners and teachers in attendance at state schools and classes….”
In terms of section 38(1) “all tuition provided for primary and special education in state schools including all school books, education materials and other related requisites must be provided free of charge until the 7th grade or until the age of 16 years …. “ (Emphasis added).
In terms of section 38 (2) a learner to whom education other than primary education, is provided, must pay such fees as the Minister may determine (emphasis added).
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Last Updated on Monday, 21 June 2010 15:35 |
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