Renthia Kaimbi
The removal of a learner from a public school or hostel is not a decision a principal or school board can make on their own, says Erastus Haitengela, executive director of the Ministry of Education, Innovation, Youth, Sports, Arts and Culture.
Haitengela spoke as the Windhoek Observer received complaints from parents who say they were caught off guard by suspensions and expulsions, leaving them to face the cost of finding new schools and uniforms.
He explained that the suspension and expulsion of learners are governed by strict legal procedures that require several levels of oversight and written communication with parents at each stage.
“The processes for the suspension and expulsion of learners from public schools are primarily regulated by the Basic Education Act 2020 and the general rules of conduct for learners,” Haitengela said.
“These legal frameworks ensure that disciplinary actions are conducted with the best interests of the child in mind and that due process is followed.”
He said schools are legally required to inform parents in writing of any charge and any resulting suspension.
This notice must reach parents within three days from the date the learner is charged.
The written notice is meant to replace informal or verbal communication that leaves parents without proof or clarity.
Haitengela stressed that expulsion is not decided at the school level.
“If the learner is guilty of serious misconduct, the Board may recommend to the executive director that the learner be expelled,” the guidelines state.
The executive director must then review the full record of proceedings and make an independent decision within 14 days of receiving the recommendation.
If the decision is to expel the learner, parents must again be informed in writing. This notice gives parents the right to request the full record of proceedings and the reasons for the decision.
“The parent has seven days from this notification to request a copy of the record of proceedings and the Executive Director’s specific reasons,” the procedure states.
Haitengela said this process creates a clear chain of responsibility.
“The process functions like a legal ladder. The principal is the ‘arresting officer’ who sets the case in motion; the school board is the magistrate… and the executive director is the ‘high court judge’ who must sign off on the most severe punishment (expulsion),” he said.
Parents also have the right to appeal an expulsion decision directly to the minister of education, who serves as the final authority.
One parent whose daughter was recently expelled from Matutura Secondary School in Swakopmund described the experience as harsh.
She said the learner was first suspended in November.
“The first I heard of it was when she came home and said she wasn’t allowed back at school and was only allowed to go write exams,” she said.
“Now they are talking about expulsion, and I have no money for a new uniform if she has to change schools. This punishment is on my wallet, and I was given no warning,” she said.
The ministry said the law sets out a clear process to protect both learners and parents, with written notices and centralised decision-making meant to prevent schools from acting on their own when dealing with expulsions.
