The Windhoek High Court has ordered the education ministry to hand over its full investigation report into the alleged malpractice to a northern school as it fights to keep its doors open. 

Judge Kobus Miller last week said Savo Nuts Private School needs to be given a full detailed report on the investigations carried out by the National Examination, Assessment, and Certification Board on 16 and 17 January.

The board must also hand over its full written recommendation to the school.

“These documents should provide sufficient particularity to the applicants to understand the detail and nature of the allegations against them, and which will enable them to respond,” said Miller. 

On the other interdicts that the school seeks, Miller said the court cannot interfere with ongoing internal processes. 

The school wanted the court to interdict the education ministry from placing any of its grades 11 and 12 learners at other schools, pending the dispute concerning the intention to de-register.

It also sought the court to direct the ministry and the National Examination, Assessment and Certification Board to uplift the bar against it to register candidates for full-time and part-time examinations in both grades 11 and 12 for the 2024 academic year on the education ministry’s online registration platform.

Lastly, the school wanted the education ministry, alongside the National Examination, Assessment and Certification Board to release all the outstanding results of the learners who sat for the October/November 2023 examinations. The school had 46 learners who sat for the said exams, and examination results have been withheld for the 27 learners.

“As a result of the pending inquiry, certain measures were put into place, which include the failure to release results and other measures relating to the registration of learners. I am not satisfied that in the process, there is any irreparable harm.  Whatever harm may be done is of a temporary nature, and will ultimately depend on what decision the minister makes,” said Miller.

He went on to say that currently, it would be premature for the court to speculate and prejudge what decision the minister will make.

The school approached the High Court after the ministry, in a letter dated 25 January, indicated its intention to de-register the school as an examination centre for Namibia Senior Secondary Certificate Ordinary (NSSCO) level and Namibia Senior Secondary Certificate Ordinary Advanced Subsidiary grades 11 and 12 as of 1 March. 

The ministry also informed the school of its intention to find placement for its grades 11 and 12 learners as it conducts investigations into the alleged malpractice at the school during the 2023 examinations.

In court documents, Edda Bohn, the deputy executive director for the education ministry, said the school is not barred from enrolling learners for school and examination purposes.  

She said it is allowed to enrol learners and collect tuition fees while internal processes are ongoing.

For the suit, the school and education ministry were represented by Immanuel Tomas and Kobby Muyumbano, respectively.

-   mamakali@nepc.com.na