Education Act, 2010
Act 3 of 2010
- Published in Government Gazette 20 on 15 March 2010
- Commenced on 15 March 2010
- [This is the version of this document from 15 March 2010.]
Part I – Preliminary
1. Short title and commencementThis Act may be cited as the Education Act 2010 and shall come into operation on the date of publication in the Gazette.
2. InterpretationIn this Act, unless the context otherwise requires—"appointing authority" in relation to a teacher in the public school is the Commission, in the case of a teacher in an independent schoolis a schoolboard;"board" means a school board as established under section 23;"Chief Education Officer" means an officer in the Ministry of Education who is in charge of the teaching service;"Chief Inspector" means the head of the inspectorate as established under section 18;"church" means any religious body registered under the Societies Act 19661;"Commission" means the Teaching Service Commission established under section 144 of the Constitution;"Conciliation Board" means a board established under section 59;"Constitution" means the Constitution of Lesotho 1993;"Council on Higher Education" means the Council on Higher Education established by Higher Education Act 20042;"disciplinary action" means a formal or informal action taken by management against a teacher who fails to conform with the rules and regulations governing teachers or has committed any other misconduct;"dispute of interest" means a dispute over employment matters to which a teacher or employerdoes not have a right."dispute of right" means a dispute arising from a breach or contravention of law, contract of employment."Education Advisory Council" means the Education Advisory Council established under section 28;"Educational Secretary" means a person appointed as such under section 26;"employer" means the Government of Lesotho represented by ministries, departments and agencies, in a case where a teacher is employed by the Commission or in a case where a teacher is employed by a school board it means the school board;"Government Controlled Schools Secretary" means a person appointed as such under section 27;"grievance" means a feeling of dissatisfaction or injustice which a teacher encounters in the workplace and formally brought to the attention of the employer;"head of department" means a teacher who is in charge of a department under his or her supervision;"handicapped" means physically or mentally disabled or both, including sensory disabilities, whether singular or multiple;"independent school" means a school other than a public school which is allowed to determine its own admission criteria;"learner" means a person enrolled in a school to receive full time tuition;"learning center" means a designated place for the provision of basic literacy and numeracy skills for out-of-school learners;"Minister" means the Minister responsible for education;"Ministry" means the Ministry responsible for education;"parent" means a parent who in law or by virtue of an order of a competent court has the custody or control of a learner, or a legal guardian, or in the absence of such parent or legal guardian, the person with whom the learner resides and to whom the parent or guardian has entrusted, in writing, the custody or control of such learner, or if the learner has no parent or legal guardian, the person with whom the learner resides and who has the actual custody or control of such learner;"prescribe" unless the context otherwise requires, means prescribe by regulations;"principal" means a teacher in charge of a school;"Principal Secretary" means the Principal Secretary responsible for education;"proprietor" in relation to a school means any person, community, church, society or corporation by whom or by which a school is established or to whom or to which an established school is transferred, and in the case of a community-based, religion-based and non-governmental organisations means an organ or office stipulated as such by the institution;"public school" means a state-funded school wholly managed in terms of government regulations and manned by teachers who are in the Teaching Service;"school" means any registered school, special school, pre-primary school, primary school, secondary school, high school, combined junior school, combined basic education school, combined junior college, class, part time class, night school, formal and distance learning post, or any other institution for imparting instruction but does not include—(a)an institution or organisation which provides education which is wholly of a religious character;(b)an institution owned or maintained by a religious body for the purpose of training persons for the ordained ministry or for admission to religious order; or(c)a training institution owned by Government, a Ministry or Government Department."special school" means a school in which learners who may require education different from that offered in schools receive special education;"teacher" means a person employed in a school for purposes of instruction either on a full time or part time basis and who has been registered in accordance with section 34;"Teaching Council" means the body established under section 35;"teachers’ formation" means any body, union, association or organisation registered under the Societies Act 1966, Companies Act 19673 or the Labour Code Act 19924 as amended whose entire membership is composed of teachers;"Teaching Service" means the service established under section 144 of the Constitution;"Teaching Service Department" means the department of the Ministry of Education charged with the responsibility of administering the teaching service;"Tribunal" means the Teaching Service Tribunal established under section 61.
3. Purpose and objectives of the ActThis Act seeks to—
Part II – Administration of the Act
4. Administration of the Act
5. Procedure for computing the age of a child
6. Compulsory attendance
Part III – Registration of schools
8. ApplicationA person who wishes to—
9. Requirements for registration of schools
10. Consideration of application by the MinisterOn receiving an application in accordance with section 8, the Minister may make such inquiry as he or she considers necessary and may—
11. Certificate of registration
12. Classification of schoolsThe Minister shall classify schools in accordance with the following categories—
13. Funding of schools
14. Reclassification of a school
15. Premises in which a school may operate
16. Grounds for cancellation of registration and closure of a school
17. Closing of a school temporarily
Part IV – School supervision
18. Inspectorate of schools
Part V – Management of schools
20. School principals
21. Duties of a principal
22. Suspension of a principalThe appointing authority may, pending institution of disciplinary hearing, suspend a principal of a school where, in the opinion of the appointing authority, the principal’s conduct is detrimental to the welfare of the learners enrolled in the school, subject to giving the principal a hearing.
23. School boards
24. Meetings of the Board
25. Responsibilities of the school boardA school board shall—
Part VI – Educational secretaries
26. Educational Secretaries
27. Secretariat for Government Controlled Schools
Part VII – Education Advisory Council
28. Education Advisory Council
29. Functions of the Education Advisory Council
30. Vacancies in the Education Advisory Council
31. Meetings of the Education Advisory Council
32. Standing Committee of the Education Advisory Council
Part VIII – Teaching Service
33. Administration of the Teaching Service
34. Entry into the Teaching ServiceA person seeking to become a teacher shall first register as a teacher under the terms and conditions to be prescribed by the Minister.
35. Teaching Council
36. Functions of the Teaching CouncilThe functions of the Teaching Council are to—
37. Vacancies in the Teaching CouncilThe office of a member of the Teaching Council, other than an ex-officio member, shall become vacant—
38. Meetings of the Teaching Council
39. Standing Committee of the Teaching Council
40. Employment of teachers
Part IX – Teaching Service Commission
41. Composition of the Teaching Service Commission
42. Functions of the Teaching Service Commission
43. Acts of the Teaching Service Commission not to be invalidated by vacancies or absence of membersSubject to the provisions of section 45(3), as to the quorum, nothing which is determined by the Commission under this Act or any other written law shall be or deemed to be invalid by reason only of the fact that the full number of members of the Commission had not been appointed, or that any member of the Commission was absent from the Commission, or that there was any vacancy in the number of members at the time such a decision was made.
44. Secretary to the Teaching Service Commission
45. Meetings of the Teaching Service Commission
46. Report of the Teaching Service Commission
47 Tenure of office
48. Improper influence
49. Privileged communication
50. Consent to prosecutionA prosecution in respect of an offence under section 48 shall not be instituted except with the consent of the Director of Public Prosecutions.
51. Remuneration and allowances of membersA member of the Commission shall be paid such remuneration and allowances as may be determined by the Minister in consultation with the Minister responsible for finance.
Part X – Appointment of teachers
52. Appointment of a teacher other than a teacher paid by the GovernmentThe power to appoint, promote, demote, transfer or remove from office a teacher other than a teacher whose salary is paid by the Government vests in a school board.
53. Terms and conditions of service of teachers
54. Secondment of teachers
55. Whole time of teacher at disposal of school
56. Private employment and private interest
Part XI – Conduct of teachers
57. Codes of practice
Part XII – Settlement of disputes
58. Legal representationIn any proceedings under this Part, a party to a dispute may be represented by a legal practitioner.
59. Conciliation Board
61. Teaching Service Tribunal
Part XIII – Retirement of teachers
62. Retirement of teachers on permanent and pensionable terms
63. Retirement on medical groundsThe appointing authority may require a teacher to retire if the teacher is certified, in writing, by a medical board appointed by the Principal Secretary responsible for health, to be suffering from an illness which prevents him or her from performing his or her duties efficiently and the illness is likely to be permanent.
Part XIV – Teachers’ formations
64. Right of association
65. Representation of teachers
Part XV – Miscellaneous
66. Power of delegation
67. PenaltiesNotwithstanding any penalty imposed under this Act, a court may, where circumstances warrant, impose a penalty less than that stipulated by the Act.
68. RegulationsThe Minister may make regulations for the carrying into effect the principles and provisions of this Act, and in particular such regulations as may—
Part XVI – Transitional
69. Continuation of educational secretariesThe educational secretaries appointed under section 24 of the Education Act, 19957; shall continue to hold office as if appointed under this Act.
70. Continuation of functionsAll bodies and offices established or otherwise given functions under the Education Act 1995 as amended, shall continue to operate until such time that the Minister has approved or appointed bodies, officers and persons under this Act.
71. RepealsThe following are repealed—
History of this document
Cited documents 0
Documents citing this one 4
- Chen Yun Bo v Paballo Martin Theko and Others (LAC/REV 8 of 13)  LSLAC 1 (27 January 2014)
- Nthulenyane v Principal Secretary, Ministry of Education (CIV/APN 52 of 2019)  LSHC 29 (17 June 2021)
- Standard Lesotho Bank Limited v Kopano Holdings (Pty) Ltd (CCT/0039/2017)  LSHC 18 (8 November 2021)
- Tlali v Eighteenth Episcopal District of the African Methodist Episcopal Church (CIV/APN/287/2021)  LSHC 50 (9 August 2022)