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Tuesday, February 22, 2005 - Web posted at 7:56:08 GMT

Mutorwa to decide on teen mother's case

CHRISTOF MALETSKY

LAWYERS representing Seuaa Karuaihe-Samupofu, whose daughter the Windhoek High School refused to re-admit because she gave birth to a baby in December, have appealed to Basic Education Minister John Mutorwa to take her back.

WHS Principal Etienne Odendaal said that he had again refused re-admission to 18-year-old Utjiua Karuaihe because it would encourage other pupils to do the same.

A week ago, the High Court instructed Odendaal to use his own discretion in considering Utjiua's application and to inform her mother in writing of his decision within seven days.

After the ruling, Odendaal said, he invited Seuaa Karuaihe-Samupofu to motivate the application if there were any reasons other than what they gave the court.

Seuaa Karuaihe-Samupofu felt that her willingness to take care of her daughter's baby during school hours was sufficient motivation.

"We considered the issue again and decided not to make exceptions or to be diverted from the school's disciplinary code.

Admitting her will encourage other learners to challenge the policies of the school," Odendaal told The Namibian.

But he told the young mother that her place in the school for next year was already ensured.

"I felt she should be with the baby for the year.

If she attends classes, she won't be able to spend quality time with the baby," he said.

As instructed by acting Judge John Manyarara, Odendaal wrote back to the parents and informed them that they had the option to appeal to the Ministry of Basic Education.

The instructing attorneys from Metcalfe Legal Practitioners said they approached Mutorwa to consider the case and he indicated that he would respond in 15 working days.

They have also handed over the documents to the Legal Assistance Centre for further action.

When Odendaal first refused Utjiua Karuaihe readmission, he based the decision on a policy that requires teenage mothers to take a year off schooling to care for their babies.

However, Manyarara ruled that the policy was not correctly interpreted, as it recommends great caution in accepting applications.

He said it was not "reasonably possibly" the intention of the Cabinet policy to prohibit the enrolment of teenage mothers if they have a support system, like Utjiua, whose mother was willing and able to take care of her daughter's baby during school hours.

Manyarara set aside the decision by the principal of WHS to refuse Utjiua's application for admission and ordered Odendaal to use his discretion in considering the application and to inform her mother in writing of his decision within seven days.

He told Seuaa Karuaihe-Samupofu that she could approach the court again if not satisfied.

Odendaal said he would have no problem taking Utjiua back if the court or Mutorwa made such an order.

Mutorwa was the first respondent in the application.

Also cited as respondents were the Permanent Secretary in the Ministry of Basic Education, the WHS school board and the chairperson of the WHS school board.

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