IS IT VOLUNTARY CONTRIBUTION OR SCHOOL FEES?

UNPACKING THE EDUCATION ACT 3 OF 2020:

By Steven K. Muhembo
As I peruse through the latest education law, herein referred to
as the Basic Education Act 3 of 2020, I realises that there are
major amendments made from that of Education Act 16 of 2001.
The first sentence that satisfied my sight reads “To promote and
regulate free and compulsory basic education”. On the 04 of
January our principal circulates circular 1 of 2022 herein
referred to as Circular Form Ed: 1/2022 of the Ministry of
Education, Arts and Culture, with the heading “School Operation
for the Commencement of the 2022 School Year”. The last
sentence of paragraph 1 in section 8 of Circular 1 of 2022 clearly speaks to the aims of
the Basic Education Act 3 of 2020 as highlighted above and it state, “No child should be
excluded, stigmatised, labelled or discriminated against in the event that resources of any
kind could not be contributed or matched”.

I felt relieved as I thought that, while I awaits my salary my kids would simply be registered
and my so called VOLUNTARY contribution will be made at a later stage as per guide of
the circular. Section 9 of the circular Form Ed: 1/22 gave me more relief as it spells out
the important of VOLUNTARY contribution. In the first paragraph of section 9 the last
sentence reads “Parents and guardians are still at liberty to contribute, albeit
VOLUNTARY, towards the upkeep, maintenance and improvement of the schools of their
children (and by inference their own schools). The last paragraph of section 9 even makes
it more explicit in its wording and emphasis of free education and the promotion and
protection of the rights of learners to education. The paragraph emphasises, “No progress
reports of learners should be withheld due to non-payment of parental VOLUNTARY
contribution.”
I was relieved until I entered the principal’s office, as I sit down on a chair I was offered,
wishing to receive the progress report of my child and of course the bills of my so called
VOLUNTARY contribution. The principal reaches out some papers and calculates how
much I owe the school, and hands me a notes with an amount N$ 1900.00. I receive my
notes gladly with the hope that I shall also receive my child’s progress report. As I inquired
my child’s progress report, the principal utters “Until you settle my money that’s when you
can receive your child’s progress report and if you won’t pay your child will not be
registered” I felt the weakness in my knees and my mind stopped working for a while as
I seat and stared at the principal. Suddenly I commended, “you are not being serious
principal” she repeats, “I am serious if you don’t pay your child will not be registered”. I
quickly took my bill note and left the office, without further I do. It was like in a movie
where your family is blacklisted in order for you to contribute, in common law this is
referred to as coercion which is defined as, the practice of persuading someone to do
something by using force or threats. As I drove home, I imagined how many parents are
out there being coerced by principals who think threatening to deny a child to education
is a strategy to receive the so called VOLUNTARY contribution.

Both principals, teachers, schoolboards, learners, parents and the community at larger
must be aware that, education is a rights for their children which is provided and must be
enforced and protected under Article 20 (1) (2) of the Constitution of Namibia. Article 20
(Education) Provides that, all persons shall have the right to education. Primary education
shall be compulsory and the State shall provide reasonable facilities to render effective
this right for every resident within Namibia, by establishing and maintaining State schools
at which primary education will be provided free of charge.

This means that parents are not obliged to pay money or provide stationeries to schools
in order for their children to be registered or attend school, but where possible are
requested to provide what they can afford to assist schools to succeed within their
communities. The so called “VOLUNTARY contribution” seems to have been abused,
misused, misinterpreted by most of the school principals in Namibia and therefore need
to be addressed.
Voluntary is defined as, done, given, or acting of one's own free will. The real question
is, IS IT VOLUNTARY CONTRIBUTION OR SCHOOL FEES? By answering this
questions it will help us, the community restructure our school governance properly. The
long queues in PEP stores and other book shops in Decembers/Januaries, demonstrates
that parents are basically funding stationeries for most if not all schools in Namibia.
Schools were supposed to address their own shortcoming towards schools stationeries
with the funds they receive from the Ministry to cater for this purposes.

Each child registered at a State school, receives a Universal Primary Education fund
(UPE) at primary schools, which is provided for by the Government of the Republic of
Namibia. In 2016 Universal Secondary Education (USE) Fund at secondary school, was
also established this was to relieve parents from paying school fees. This can be traced
back in a statement by then the Minister of Education Hanse- Himarwa (2018) who stated
that, ‘UPE entails that children can attend primary school without being compelled to pay
any school-related fees. This provision thus relieves parents and communities who would
normally not be able to afford school fees from the financial barrier to education. With the
USE came the implementation of fee-free secondary school in 2016, which allowed
parents not to pay school development fees, as well as Grade 10 and Grade 12
examination fees’. (See: Namibian, 2018-03-14)

Despite such provisions being introduced in order to achieve free education in Namibia.
Education has become more expensive in Namibia now than before UPE/USE was
introduced. Communities in the inland (rural) and those in towns (urban) are treated in
the same way and are compelled to pay the so called VOLUNTARY contribution. I have
seen a parent contributing axes since he could not afford money contribution for his
children to go to school in the far rural community in Kavango-West Region recently.

This cannot be a cry to the Government anymore, but to our own principals and
schoolboards who must implement government policies pari-passu. Just as they
implement the abolishment of corporal punishment policy which was made under Article
8 of the Namibia Constitution. The right to education is equally made under Article 20 (1)
(2) of the Namibian Constitution and must be respected as such. Community members
must therefore demand for the effective implementation of UPE/USE and renegotiate the
provision of VOLUNTARY contribution at school level.

VOLUNTARY contribution should be implemented effectively to promote the rights to

education for our children. We should find ways for fundraising activities in our schools
rather than compelling and coercing parents to pay schools fees which is perpetuated to
be abolished. Principals should be aware that coercion is unlawful in Namibia and should
not be used as a strategy to compel parents pay VOLUNTARY contribution. Threatening
to keep our children out of school for us to contribute can never be voluntary and is illegal.
Section 67 (1) of the Basic Education Act 3 of 2020 prohibits compulsory payment of
VOLUNTARY contribution at State schools. It reads “The payment of compulsory tuition
and examination fees and any other related fees in respect of education at any State
school is prohibited. (Read with sub-section 4(b) (iii) (cc). This section is complimented
by section 6 of the Basic Education Act, the new Act also prescribe punitive measures
which is found in section 7 (1) (2). This section, 7(2) provides that, a person who
contravene to subsection (1) commits an offence and is liable to a fine not exceeding N$
20 000 or imprisonment for a period not exceeding two years or to both fine and such
imprisonment (Read with Section 7(1) (a) and (b).

Community, parents, teachers, schoolboards and most importantly principals should

familiarise themselves with the following laws governing education and schools: The
Basic Education Act 3 of 2020; Specifically Chapter 3: Schools. Part 5 of chapter 3 of the
Basic Education Act 3 of 2020 and Circular Form ED: 1/2022, of the Ministry of Education
Arts and Culture, which contains a detailed information on: Admission for 2022, provision
for stationery, and parental contribution which is addressed in this article. Let us promote
education for all, in order to achieve education equity, quality, and access for our children.