ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Short title
2. Interpretation
PART II
Administration
3. Duties of Minister
4. Duties of Permanent Secretary
5. Constitution of local education authorities
6. Duties of local education authorities
7. Establishment of boards of governors for Government schools
8. Contents of order
9. Establishment of boards of governors for aided schools
10. Establishment of committees
11. Contents of order
12. Functions of school committees
PART III
Registration and Control of Schools
13. Register of schools
14. Registration compulsory
15. Misleading advertisements, etc.
16. Application for registration
17. Registration by Permanent Secretary
18. Change in establishment to be registered
19. Regulations regarding school premises
20. Duties of manager
21. Curriculum
22. Religious instruction
23. Proscription of publications
24. Employment of teachers
25. Fees
26. Inspection of schools
27. Power to close schools
PART IV
Supplementary
28. Appeals to Minister
29. Regulations
Schedule
Law 40, 1966,
L.N. 84, 1966,
Act 58, 1969,
Act 70, 1970,
Act 30, 1971,
S.I. 121, 1971,
S.I. 4, 1975,
Act 26, 1975,
S.I. 147, 1975,
Act 31, 1978,
S.I. 5, 1978,
S.I. 105, 1981,
S.I. 4, 1993,
S.I. 10, 1996,
S.I. 26, 1996,
S.I. 67, 1996,
S.I. 53, 2003.
An Act to provide for the proper development of education and for matters incidental thereto or connected therewith.
[Date of Commencement: 24th February, 1967]
PART I
Preliminary (ss 1-2)
This Act may be cited as the Education Act.
In this Act, unless the context otherwise requires—
“aided school” means a private school maintained wholly or partially by way of a recurrent grant out of public funds or the funds of any local council;
“area” means an area in respect of which a district council has been established under the Local Government (District Councils) Act (Cap. 40:01) or a place declared to be a city or township under the Townships Act (Cap. 40:02);
“Government school” means a school maintained out of public funds and managed by the Ministry of Education;
“local education authority” has the meaning assigned thereto in section 5;
“local council” means, in relation to any area in respect of which a district council has been established under the Local Government (District Councils) Act, that district council; and in relation to any area in respect of which a city or town council has been established under the Townships Act, that city or town council;
“local government school” means a school maintained entirely or partially out of local government funds and managed by a local education authority;
“manager”, in relation to a school, means the person or body of persons responsible for the management of the school and, for the purposes of the provisions of this Act relating to applications for the registration of schools to be established, includes any person or body of persons proposing to be so responsible;
“owner”, in relation to a school, means the owner of the undertaking comprising the school, whether or not he owns the land on which any premises of the school are situate;
“parent”, in relation to any pupil or child, includes a guardian, whether by customary law or otherwise and every person who has the actual custody of such pupil or child;
“post-primary school” means a school whose curriculum follows upon primary education;
“prescribed” means prescribed by regulations made under section 29;
“primary education” means the first seven years of formal education;
“primary school” means a school at which primary education is provided;
“private school” means a school which is not a Government school or a local government school;
“pupil” includes a person of any age for whom education is provided or is required to be provided under this Act, and any person enrolled on any register of enrolment of persons in attendance at the school, maintained in the school;
“school” means an institution in which not less than 10 pupils receive regular instruction, whether by way of personal tuition or by correspondence, and any assembly of not less than 10 pupils for the purpose of receiving such regular instruction, and any institution or place from which a regular instruction emanates or is imparted by means of correspondence, and includes any buildings used as part of the institution for boarding, domestic and recreational purposes; but does not include—
(a) any institution or assembly in which the instruction is wholly or mainly of a religious character; or
(b) any institution owned and maintained by a religious society for the purpose of training persons—
(i) for the ordained ministry; or
(ii) for admission to a religious order under the direction of or associated with such religious society:
Provided that any class, division or section of any such institution or assembly in which instruction is, in the opinion of the Permanent Secretary, wholly or mainly devoted to secular subjects shall be deemed to be a school;
(c) any institution or assembly which is declared by the Minister, by order published in the Gazette, not to be a school for the purposes of this Act by reason of its vocational or specialised character.
PART II
Administration (ss 3-12)
(1) It shall be the duty of the Minister to promote primary and post-primary education, educational research, and the progressive development of schools, consistently with the powers of direction and control vested in him by this Act.
(2) Without prejudice to the generality of subsection (1) the Minister may by order published in the Gazette establish or disestablish such Government schools as he may deem it proper to establish or disestablish, as the case may be.
(3) In exercising his functions under this Act, the Minister shall give due consideration to any advice which may be given to him by any local education authority or board of governors or by any body established by the Minister for the purpose of giving such advice.
(4) The schools and colleges set out in the Schedule have been established as Government schools or colleges, as the case may be, with effect from the date specified in relation to each school or college.
(5) Whenever a school or college is established as a Government school under subsection (2), the Minister may by statutory instrument make an order amending the Schedule by adding thereto such school or college.
4. Duties of Permanent Secretary
The Permanent Secretary shall, subject to the control of the Minister, perform all work necessary or incidental to the duties and powers of the Minister under this Act, and shall carry out such other functions as are conferred on him by or under this Act.
5. Constitution of local education authorities
Every local council shall for the purposes of this Act be the local education authority for the area in respect of which it is established.
6. Duties of local education authorities
Every local education authority shall exercise its powers so as to promote primary education within its area and to assist, in such manner as may from time to time be approved by the Minister, in the promotion of education in other respects, and shall carry out such other functions as are conferred on it by or under this Act.
7. Establishment of boards of governors for Government schools
If, in the opinion of the Minister, the establishment of a board of governors would be in the interest of any Government school or group of schools, he may, by order published in the Gazette, establish a board of governors for that school or group of schools.
(1) An order establishing a board of governors under section 7 shall provide for—
(a) the name of the board;
(b) the exercise by the board of the duty of management of the school or group of schools specified in the order, subject to such limitations or restrictions as may be specified;
(c) the membership of the board (which may include representatives of the Ministry of Education, the local education authority, the parents of the pupils, the communities served by the school or group of schools, or other bodies or organisations);
(d) the method by which continuity of the membership of the board will be provided;
(e) the revocation of the appointment of, the retirement and resignation of, members of the board, and the appointment of new members thereof, and of temporary members thereof in case of absence or inability to act of any member thereof;
(f) the respective responsibilities, duties and powers of the board and of the other persons (if any) in whom any land or other property is vested in trust for or for the benefit of any school or group of schools affected by the order, and in respect of the use of the buildings and grounds of such school at times when they are not required to be used for purposes of education;
(g) such other matters as the Minister may consider necessary in respect of the constitution, functions and procedure of the board including the delegation by the board to committees thereof of such functions involved in the duty of management as the Minister may consider appropriate in the circumstances.
(2) A board of governors established under section 7 shall, unless the order by which it is established otherwise provides, be a body corporate.
9. Establishment of boards of governors for aided schools
(1) If, in the opinion of the Minister, the establishment of a board of governors would be in the interests of any aided school or group of aided schools, he may, with the consent of the owner or owners thereof, establish a board of governors for that school or group of schools.
(2) The provisions of sections 7 and 8 shall, subject to such consent being given, have effect in relation to the establishment of a board of governors for an aided school or group of aided schools as they have for the establishment of such a board for a Government school or group of Government schools.
10. Establishment of committees
(1) If, in the opinion of the Minister, it is desirable that a school committee be set up in respect of any primary school or group of primary schools he may cause proposals for that purpose to be placed before the manager of that school or group of schools, and the local education authority for the area in which such school or group of schools is situated.
(2) If, in the opinion of the manager of any primary school or group of primary schools, it is desirable that a school committee be set up in respect of that school or group of schools, he may submit proposals for that purpose to the Minister, and to the local education authority for the area in which the school is situated.
(3) Where proposals have been submitted by or to the Minister in pursuance of subsection (1) or (2) the Minister may, by order published in the Gazette, establish a school committee for the school or group of schools to which the proposals relate.
(4) Any such order may adopt the proposals so made with or without modifications.
An order establishing a school committee under section 10 shall provide for—
(a) the name of the committee;
(b) the membership of the committee (which may include representatives of the manager, the Ministry of Education, the local education authority, the parents of pupils, the communities served by the school or group of schools or other bodies or organisations);
(c) the method by which continuity of membership of the committee will be provided;
(d) the revocation of the appointment of, the retirement and resignation of members of the committee, and the appointment of new members thereof, and of temporary members thereof in case of absence or inability to act of any member thereof; and
(e) such other matters as the Minister may consider necessary in respect of the constitution, functions or procedure of the committee.
12. Functions of school committees
(1) The functions of a school committee shall be to advise the manager on such aspects of management as are set out in subsection (2) and to advise the Minister, and, where appropriate the local education authority, on the subjects mentioned in the said subsection, but the appointment of a school committee in respect of a school shall not affect the responsibility of the manager for its management, or confer on the committee any administrative powers.
(2) Subject to the provisions of subsection (1), a school committee may—
(a) advise the manager on the times at which the school session shall begin and end on any day;
(b) advise the manager on the appointment, supervision and dismissal of any non-teaching staff;
(c) advise the manager on the appointment to and resignation or dismissal from the school staff of teachers;
(d) satisfy themselves as to the maintenance of the school fabric and the provision of furniture and equipment;
(e) satisfy themselves as to the implementation of reports by inspecting officers as far as such reports relate to matters mentioned in this subsection;
(f) organise such activities as it may consider desirable, with the object of collecting funds to be used for the purposes of the school.
PART III
Registration and Control of Schools (ss 13-27)
(1) The Permanent Secretary shall cause to be established and maintained a register of all schools, in which shall be recorded the particulars required or permitted by or under the provisions of this Act.
(2) For the purposes of such register a system of classification shall be adopted which shall distinguish primary schools from other schools, and which shall further distinguish, with appropriate nomenclature—
(a) different types of schools according to the nature of education to be provided therein; and
(b) different classes, standards or forms within schools according to the stage, nature or method of education to be provided therein.
(3) The register shall contain the number and category of classes, standards and forms and the type of education which each school may provide, and the highest form or type of education which is to be provided therein.
(4) The register shall contain in relation to every school—
(a) the name of the owner thereof; and
(b) the name of the manager thereof, whether or not he is the owner.
(5) The system of classification and nomenclature may be amended from time to time by the Permanent Secretary.
(6) The Permanent Secretary shall cause a copy of such parts of the register maintained in pursuance of this section as relate to private schools to be published in the Gazette every calendar year.
(1) No person shall own or manage or give regular instruction at a school unless that school is registered under section 13.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding P500.
15. Misleading advertisements, etc.
Any owner or manager of a school who, with intent to mislead, refers to such school in, or in the course of, any correspondence or any advertisement, in such a manner as to suggest that the school is of a type or classification other than that in which it is for the time being registered under section 13, shall be guilty of an offence and liable to a fine not exceeding P200.
16. Application for registration
(1) A local education authority desirous of registering a school shall make application to the Permanent Secretary in the prescribed form.
(2) Any other person desirous of registering a school shall make application in the prescribed form to the local education authority for the area in which it is proposed the school shall be situated.
(3) The local education authority shall forward the application to the Permanent Secretary, with a report expressing its views in regard to the application.
(4) On receipt of any application in pursuance of subsection (1) or (3), the Permanent Secretary shall cause notice of the application to be published in the Gazette, and shall in such notice call upon any person or body of persons who may wish to object to the application to lodge in writing with him and with the applicant, a statement as to the grounds of the objection, within six weeks of the publication of the notice.
17. Registration by Permanent Secretary
(1) After considering any objection made in pursuance of section 16(4) the Permanent Secretary shall register the school in respect of which application is made if he is satisfied that—
(a) the teaching and accommodation are or will be adequate to the class of school it purports to be;
(b) the physical health and moral welfare of the pupils will be adequately provided for; and
(c) the school will not be managed in a manner prejudicial to law and order.
(2) Notwithstanding the provisions of subsection (1) the Permanent Secretary shall not register any school unless he is satisfied that the manager or proposed manager of the school is a fit and proper person to manage a school of the class in respect of which the application is made.
(3) Where the manager or proposed manager is a group of persons or a body corporate regard shall be had to each member of that group or each person controlling the affairs of that body corporate, as the case may be.
(4) Notwithstanding the provisions of subsection (1) the Permanent Secretary shall not register a school (other than a school which was in existence immediately before the commencement of this Act, or a school established or to be established at its own expense by any religious community) if the Minister certifies in writing that the establishment of that school is not consistent with his policy for the promotion of education.
(5) If the Permanent Secretary is satisfied that a school which is registered under section 13 has ceased to exist as a school for six months or more he shall remove the name of such school from the register.
18. Change in establishment to be registered
(1) No change shall be made in the establishment of any school registered under section 13 unless particulars of the change have been recorded in the register.
(2) The provisions of sections 16 and 17 shall have effect in relation to the registration of a change in the establishment of a school as they have in relation to the registration of a school.
(3) If any change is made in the establishment of a school (otherwise than by way of a change in the ownership of the school) contrary to the provisions of subsection (1) the manager of that school shall be guilty of an offence and liable to a fine not exceeding P500.
(4) If any change is made in the ownership of a school contrary to the provisions of subsection (1) the owner of that school and any person who immediately prior to such change was the owner thereof shall be guilty of an offence and liable to a fine not exceeding P100.
(5) For the purposes of this section, a change in the establishment of a school means—
(a) the provision of any additional class, standard or form, whether or not such class, standard or form is parallel to any existing class, standard or form in the school;
(b) the provision of any nature or form of education in the school, being a nature or form of education different from the nature or form of education falling within the classification in which the school is for the time being registered under section 13;
(c) the adoption by the manager of the school, by any means, in relation to the school, of a different nomenclature from that in which the school is for the time being registered as aforesaid;
(d) any change in the ownership of the school;
(e) any change in the manager of the school;
(f) the transfer of the school to a new site;
(g) the alteration of any qualification for admission to the school.
19. Regulations regarding school premises
(1) The Permanent Secretary, with the approval of the Minister, may make regulations for health and safety to which the premises of every school shall conform, and such regulations may prescribe different requirements for different classifications of schools:
Provided that if the Permanent Secretary is satisfied with respect to any school that, having regard to the nature of the site or to any existing buildings thereon or to other special circumstances affecting the school premises, it would be unreasonable in such a case to require conformity with any such regulations in any particular respect, he may direct that the school premises shall be deemed to conform to the prescribed requirements.
(2) If it appears to the Permanent Secretary that in the case of any school the premises thereof do not conform to any regulations made under this section, he may order, and in the case of a primary school require the local education authority to order, the owner or manager thereof to execute within a reasonable period to be stated in the order, such specified works as are necessary to secure conformity.
(3) Any person who owns or manages a school and fails without reasonable excuse to comply with an order given to him under subsection (2) shall be guilty of an offence and liable to a fine not exceeding P500.
(1) The manager of every school shall—
(a) keep a record in the prescribed form of teachers employed thereat, showing their qualifications;
(b) ensure that the school is properly conducted and follows—
(i) any applicable curriculum specified under section 21; or
(ii) where no such curriculum exists, a curriculum approved by the Permanent Secretary;
(c) ensure that the principal keeps a register of enrolment of pupils, and a register of their daily attendance, in such form as may be prescribed;
(d) furnish to the Permanent Secretary and any public authority designated by him such statistical information and other returns as he or they may require; and
(e) ensure that funds provided by the Government or local education authority for any purpose at the school are expended for that purpose or are refunded.
(2) The manager of every private school shall keep up-to-date records of revenue and expenditure giving details of receipts including all fees and other payments received for or from pupils and any grants, donations or subscriptions towards the running of the school, and of expenditure including salaries, books bought (with titles, individual prices, numbers of copies and total cost), stationery (with quantities, prices and total cost), and other items (with amounts, prices and total cost as may be appropriate in respect of each item), and shall prepare or cause to be prepared by the 1st September in each year in respect of the year ended on the preceding 31st December, a balance sheet and a receipts and payments account including the details above specified, which balance sheet and account shall have been audited by an independent auditor approved by the Permanent Secretary.
(3) All records and other documents kept or prepared in terms of subsection (2) may be inspected at any time by an officer authorised by the Permanent Secretary.
(4) Any manager who fails to comply with any of the requirements of this section shall be guilty of an offence and liable to a fine not exceeding P200.
The Permanent Secretary may from time to time, with the approval of the Minister, issue written instructions specifying the curriculum to be followed at any class of school.
(1) Religious instruction may be given in any school.
(2) If the parent of any pupil in attendance at any school requests the principal of that school in writing that the pupil be wholly or partly excused from attendance at religious worship and religious instruction in the school, then, until the request is withdrawn, the pupil shall be excused from such attendance accordingly.
(3) A minister of religion shall have the right of access at such reasonable times as may be agreed to any school for the purpose of giving religious instruction to pupils whose parents profess to be members of his denomination, and have not made a request under subsection (2).
(4) If the parent of a pupil attending a school desires the pupil to attend religious worship or receive religious instruction of a kind not provided in the school, the manager of the school shall make such arrangements, at the expense of the parent, as may be practicable for the pupil to attend religious worship or receive religious instruction of the kind desired by the parent.
23. Proscription of publications
The Minister may by order published in the Gazette declare any publication or periodical publication to be unsuitable for use in schools, and such a declaration made in respect of a periodical publication shall include all past and future issues thereof, and shall be deemed to extend to all copies, in whatsoever language, of such publication or periodical publication.
(1) No person shall be employed as a teacher at any school unless—
(a) he is a member of the unified Teaching Service; or
(b) the Permanent Secretary has first given his written approval to the employment of the person as a teacher at that particular school.
(2) The manager of any school at which any person is employed as a teacher and any person who is employed as a teacher at any school in contravention of subsection (1) shall be guilty of an offence and liable to a fine not exceeding P300.
(1) The Minister may prescribe the fees which shall be charged in any Government school, local government school or aided school.
(2) In exercising his powers under this section the Minister may prescribe fees for—
(a) the instruction, including instruction in special subjects, of pupils;
(b) special courses of instruction provided for pupils;
(c) the accommodation, including boarding, provided for pupils;
(d) books and materials supplied to pupils.
(3) In prescribing such fees, the Minister may—
(a) fix different fees for different categories of persons, pupils or schools;
(b) prescribe the circumstances in which fees may be refunded or remitted in whole or in part;
(c) prescribe the time or date when any fees shall be payable, and the person to whom they shall be paid
(1) The Permanent Secretary, or any local education authority with the approval of the Permanent Secretary, may by notice published in the Gazette appoint any person to be an inspector of schools.
(2) An inspector may at any time, with or without notice, enter and inspect any school or any place at which it is reasonably suspected that a school is being conducted, and may inspect and take copies and extracts from any records kept or maintained in relation to any such school or suspected school:
Provided that an inspector appointed by a local education authority shall only be entitled to so enter and inspect a local government school within the area of such authority.
(3) The manager, principal and staff of a school shall during any such inspection furnish any information which the inspector may require with regard to the care and tuition of the pupils, the names, qualifications and conditions of service of the staff, the curriculum followed, the state of the records, the condition of the buildings, and generally with regard to the management of the school.
(4) Any person who in any way hinders or obstructs an inspector from entering and making an inspection at any school or place in pursuance of this section shall be guilty of an offence and liable to a fine not exceeding P500 or to imprisonment for a term not exceeding 12 months, or to both.
(5) In this section “inspector” means an inspector of schools appointed under subsection (1).
(1) If, as a result of an inspection under section 26, or otherwise, the Minister is satisfied that it is not in the public interest that a school or any part of a school should remain open, he may, by notice published in the Gazette, order that the school or the part of a school, as the case may be, be closed and the manager of the school shall forthwith give effect to that order.
(2) The Minister may direct that any school ordered to be closed under this section which has remained closed for a period of less than six months or any part of a school ordered to be closed under this section may be reopened.
(3) Where a school ordered to be closed under this section has remained closed for a consecutive period of six months or more, the Permanent Secretary shall remove the name of the school from the register and any reopening thereof shall require a fresh registration of the school.
(4) The manager of any school which or part of which is kept open or reopened in contravention of this section shall be guilty of an offence and liable to a fine not exceeding P500 or to imprisonment for a term not exceeding six months, or to both.
PART IV
Supplementary (ss 28-29)
(1) Any person aggrieved by a decision of the Permanent Secretary not to register a school by virtue of the provisions of section 17(1) or (2), not to register any change in the establishment of a school by virtue of the provisions of section 18(2), not to approve a curriculum in terms of section 20(1)(b)(ii) or not to give approval for the employment of a teacher contrary to the requirements of section 24(1)(a) or (b), may appeal to the Minister and the Minister may confirm or vary such decision.
(2) Any decision of the Minister under this section shall be final and shall not be questioned in any court.
(1) The Minister may, by statutory instrument, make regulations prescribing any matter or thing which under this Act is to be or may be prescribed and generally for the better carrying out of the objects and purposes of this Act.
(2) Such regulations may prescribe—
(a) the conditions for payment of grants and advances on loan;
(b) the requirements for school buildings, premises and equipment;
(c) the conditions under which funds raised by local authorities or other bodies for educational purposes may be expended for such purposes;
(d) compulsory attendance at schools in any area, and the manner in which compulsory attendance is to be ensured;
(e) the conditions for the grant and withdrawal of bursaries and scholarships;
(f) the conditions for admission to any school or schools and the conditions for expulsion or exclusion from schools;
(g) the inspection, examination or supervision of schools;
(h) safeguards for the health of pupils and staff in any school, and the manner in which school medical inspection shall be carried out;
(i) the regulation of procedure in any school committee or board appointed or established under the provisions of this Act;
(j) the subjects of instruction to be given in any school and courses in such subjects, and any syllabus to be followed in connection therewith;
(k) the conditions of any examination held by or under the direction of the Ministry of Education and the fees payable in respect of any such examination;
(l) the manner in which records, statistics and accounts shall be kept and the returns or reports required by the Minister shall be made to the Ministry of Education;
(m) the manner and form in which applications for the establishment and registration of schools shall be submitted and the information which shall be furnished in relation thereto and the manner and form in which such registration shall be effected;
(n) the manner in which schools shall be classified and the nomenclature thereof and of the classes or standards or forms into which schools may be divided;
(o) the conditions for the use of buildings of schools out of school hours;
(p) the number and qualifications of staff required in any school;
(q) the manner in which the supervision of aided schools shall be carried out;
(r) the conditions for the administration of corporal punishment;
(s) any other matter required to be prescribed.
SCHEDULE
[S.I. 4/1993, S.I. 10/1996, S.I. 26/1996, S.I. 67/1996, S.I. 53/2003.]
(Section 3)
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Itekeng C.J.S.S. |
1st January, 2004 |
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Itereleng C.J.S.S. |
1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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Jwaneng Vocational Training Centre |
1st April, 1988 |
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Kagiso Secondary School |
1st January, 1978 |
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Kalamare C.J.S.S. |
1st January, 2004 |
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Kasane Education Centre |
12th October, 1992 |
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Kelemogile C.J.S.S. |
1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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Kgari Sechele Secondary School |
1st April, 1967 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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Ledumang Senior Secondary School |
1st January, 1994 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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Letlhakane Secondary School |
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1st January, 2004 |
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1st January, 2004 |
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Lobatse Education Centre |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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Mahalapye Education Centre |
17th May, 1995 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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1st January, 2004 |
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Matsha College |
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Matsha Community College |
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Mochudi Education Centre |
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1st January, 2004 |
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Naledi Secondary School |
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Tutume Community College |
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