Gerson Ueijerekeravi Tjijahura

The awakening of education law consciousness among Namibian educational stakeholders, such as teachers, unions, learners, parents, employers and society is important. This is because education law is not well-known in Namibia. 

Therefore, not all stakeholders have confidence that their important undertakings in teaching, learning, administration or the benefit of the education system. Furthermore, not all stakeholders believe that consciousness and knowledge of the law is required to supplement their role as custodians of education. 

There are a number of fundamental elements, which need consciousness:

Is there sufficient education law and education policy in Namibia to govern and guide educational institutions? Are existing education laws and policies that govern and guide teachers, school administrators, school board members and ministry of education officials successfully translated into practice? How are Namibian education laws and policies governing and guiding educational institutions?

What is education law?

The convergent definition of education law, offered by many writers, can be summed up as a “blend” of several legal disciplines that staff members of public and private schools, elementary and secondary schools, tertiary and non-tertiary educational institutions should be familiar with. This includes the laws that regulate these organisations, such as the Constitutional law, contracts, procedures and acts. It is crucial to keep in mind that comprehending education legislation demands taking into account a variety of aspects, such as the funding sources of an institution and the needs for both teaching and non-teaching people. Admission and expulsion standards for both learners and students, staff training and retraining, roles and responsibilities of staffs, as well as hiring and firing criteria for both teaching and non-teaching staff.

Inferring from the aforementioned viewpoints, one can state unequivocally that education law is crucial for the change of education in Namibia. 

Simply said, this is because it guides and regulates the learners, students and teachers; shows the way and regulates the stakeholders for effective administration of educational policies and planning; provides awareness against corruption and maladministration, and acts as codes of instruction which regulate educational policies and programmes.

Curriculum development

To emphasis more on the importance of education law, both the curriculum developers and our administrators need to be knowledgeable in education law especially with respect to the rules and regulations necessary in guiding the actions and inactions of those who implement the policies. It is unfortunate that the Namibian curriculum are being manipulated and changed from time to time even at the detriment of both the teachers and the students. Unfortunately, unless you are knowledgeable about the law upon which an education policy can be changed, you may not know whether the change in curriculum followed the laid down procedure as expected under the law.

Principals, HODs and teachers 

In Namibia, the majority of school heads of department, teachers, and principals typically believe they have little to do with the law. Therefore, they are neither lawyers nor legal professionals. A typical Namibian principal, head of department, or educator believes that the only people who should be aware about the law are lawyers. The reality is that this is false because it is necessary for a school principal, head of department, or teacher to be knowledgeable about the law. The Namibian education professionals ought to be able to comprehend that they devote a significant amount of time to settling legal disputes in the school setting. Their knowledge of Education Law is essential as a result.

It is important to note that, like any corporate organisation, every school is responsible for all of its operations. Due to this need for accountability and responsibility, modern education mandates that all schools adhere to a set of fundamental rules known as the education law. Understanding education law will help the Namibian educational system change for the better. With this knowledge, stakeholders will be able to argue that Namibia has enough education legislation and policy to oversee and direct educational institutions. It will inform interested parties as to the success or failure of the implementation of the current educational laws and regulations that regulate and direct teachers, school administrators, school board members and ministry of education officials. These insights can also provide light on the rules and policies controlling and guiding educational institutions in Namibia. There is no question that Goal 4 of the Sustainable Development Goals and the Education Agenda 2030 can be achieved.

*Gerson Ueijerekeravi Tjijahura holds a B.Ed Hons degree in Education Management, Law and Systems from North-West University, South Africa. He is studying towards a Master’s in Education Law at North-West University (Potchefstroom Campus) in South Africa. You can reach him at 2014tjij@gmail.com