Enforceability of the Namibian Constitutionally entrenced compulsary primary educational right

Abstract

Abstract provided by author

The purpose of the study was to find out whether there were legally enforceable mechanisms (and remedies in the event violation) in place to secure compliance to the constitutionally entrenched compulsory free primary educational right provided in Article 20 (1) and (2) of the Namibian Constitution. Further, the study was also undertaken to highlight the legal obligations of the State, parents/legal guardians, schools, learners and community leaders, as stakeholders/partners in education, and sanctions if any, in the event of failure to fulfill their legal obligations. Given the fact that the study conducted was a legal research, legal documents, such as the Namibian Constitution, Education Act, and Children's Act. Maintenance Acts, Traditional Authority Act, the Constitution of South Africa, the South African Schools Act, national and foreign case law as well as Human Rights Instruments with specific reference to the right to education were studied and analyzed. Further, twenty questionnaires consisted of structured and yes or no questions were responded to and ten interviews consisted of a combination of closed and open ended questions as well as non-participant observation were conducted, to elicit concerns, suggestions and recommendations on the realization and enforcement of the compulsory free primary educational rights for all in Namibia. The major findings of the study indicated that it is an indisputable fact that not all children in Namibia attend primary school (due to various legally unjustifiable reasons) despite the constitutional provision not only of the compulsory but also of the free educational right

In conclusion the study revealed the fact that violation of The Namibian Constitution as well as of the treaty obligation of the provision of compulsory and free primary educational rights was a reality in an independent Namibia. Consequently, the study also indicated that there was a lacuna (lack of a penal clause) in our Educational Act which as of necessity, calls for law reform/amendment of the Education Act to address the issue of non-compliance with the constitutional and international treaty obligations regarding the provision of compulsory free primary education of all children, in Namibia by virtue of being human.