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Monday, January 24, 2005 - Web posted at 7:44:14 GMT

LAC threatens court action over school places

TANGENI AMUPADHI

THE Legal Assistance Centre (LAC) has written to the Ministry of Basic Education and Culture, warning that it will launch an urgent High Court application if three children living in Goreangab on the outskirts of Windhoek are not enrolled in school.

LAC Director Norman Tjombe confirmed last week that he sent a letter to the Permanent Secretary pointing out that the rights of three Nowaseb brothers - 12-year-old Cassius, Avery (10) and Jerome (9) - are being violated.

Cassius and Avery Nowaseb have never been to school.

Their mother Susanna Nowases said her children have always been denied enrolment because she is unable to pay school fees.

Jerome was accepted at the Tobias Hainyeko Primary School in Okuryangava last year but dropped out as the mother could not afford to pay for transport to the school, which is a couple of kilometres away.

The three children stayed at home when schools opened last week despite promises from the Ministry of Basic Education, Culture and Sport that places would be found for them by the start of the academic year.

Ministry officials were introduced to the family in the middle of last year, and even took their identification documents in order to search for schools for the children.

Ministry spokesperson Veiue Kangueehi said on Friday that the children would be attending school from tomorrow, and that officials were still finding hostel accommodation for them.

Kangueehi said the Ministry had not received the letter from the LAC, which was addressed to the Permanent Secretary.

In the letter, Tjombe pointed out that Susanna Nowases is divorced, partly paralysed and unable to find a job.

She suffers from tuberculosis and the father of the children died last year.

"We further wish to point out that our client's children have a constitutional right to education as stated in Article 20 of the Namibian Constitution, and a statutory right under section 53 of the Education Act, Act 16 of 2001 to attend primary education," Tjombe writes.

Government has been given until today to respond.

* Tangeni Amuphadi is now a freelance contributor to The Namibian

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