Legal Matters
Legal Updates
Compulsory Education Age
Children must begin their education starting the first school day of the year in which a child turns 6 years old until the last school day of the year in which he or she attains the age of 18 years (or until other factors such as completion of secondary education, completion of a specialized education program, or other exemptions are met). (The Basic Education Act 3 of 2020)
Legal Status
Homeschooling is governed under the Basic Education Act 3 of 2020. (The act has been passed by parliament but has yet to be brought to force. The Act will repeal the Education Act 16 of 2001.)
According to the Basic Education Act 3 of 2020, homeschooling means educational instruction by the parent or caregiver or other privately appointed tutors or service providers to teach a learner a legally approved academic curriculum at home.
Parents are obligated to apply for admission for a child at a registered homeschool no later than 10 school days after the start of the school year or the day the child turns six years old.
A parent may apply to the Minister for private school registration and be approved if the Minister is satisfied that:
- A situation relating to health or disability exists that prevents the learner from attending or fully benefiting from the regular school attendance;
- the registration is in the best interest of the learner; or
- the education to be received by the learner at home meets the minimum requirements of the curriculum provided in State schools and is a standard not inferior to the standard of education provided at State schools.
The Executive Director may designate monitoring and evaluation, and the Minister may withdraw registration if the minimum requirements are not met.
It’s important to note that the law does not address home education, only that you may register. However, the Ministry of Education only provides for private school registration. Families are not obligated to register with the Ministry of Education, but it is advised to register with a governing body for homeschoolers (centers and students) which is the Homeschool Association of Namibia, you can contact Monja Gouws below.
Namibia does not yet have specific curriculum requirements for the lower grades. If a family registered on the form provided by the Ministry of Education, families would register as a private school and not a home school. This means that if the government enforces a curriculum requirement, by law, families registered with the Ministry of Education must follow the curriculum. It is recommended to join the Homeschool Association of Namibia because the possible curriculum standard will not be able to be enforced on parents if they are registered with the association.
Act No. 3, 2020 BASIC EDUCATION ACT, 2020
Registration of learners for home schooling 87.
(1) A parent may apply to the Minister for the registration of a learner to receive education and instructions at a school conducted at home and known as home schooling.
(2) The Minister may register a learner under subsection (1), if the Minister is satisfied that –
(a) a situation relating to health or disability exists that prevents the learner from attending or fully benefiting from the regular school attendance;
(b) the registration is in the best interest of the learner; or (c) the education to be received by the learner at home –
(i) meets the minimum requirements of the curriculum at State schools; and
(ii) is of a standard not inferior to the standard of education provided at State schools.
(3) The Minister may grant registration under subsection
(2) subject to such conditions as the Minister may impose.
(4) The Minister may withdraw the registration referred to in subsection (1), if –
(a) the situation contemplated in subsection
(2)(a) ceases to exist;
(b) the best interest of the learner is no longer served; or
(c) the parent fails to comply with –
(i) the minimum requirements or standard referred to in subsection (2)(c); or
(ii) the conditions contemplated in subsection (3).
(5) The Minister may not withdraw the registration of a learner under subsection (4), unless the Minister –
(a) has informed the parent of his or her intention to withdraw the registration and the reasons for the withdrawal; and
(b) has granted the parent a reasonable opportunity to make representations in relation to the withdrawal.