University of Botswana Law Journal - PULP

RECENT LEGAL DEVELOPMENTS – LESOTHO 179
to an age determined by the minister in independent or public schools. They are
obliged to provide learners with full opportunity and guidance to complete
primary education (Section 4 (b)). Attendance at schools is compulsory and
learners are obliged to attend their school every day. Learners can only be
absent if parents provide reasons acceptable to a principal or if a school where
the learner attends gives notice to a parent that the learner has been excused
from attending classes on the grounds that the learner is suffering from an
infectious or contagious disease (Section 6). Where a learner fails to attend
school regularly the parent of such learner becomes liable to a criminal
conviction, which may attract community service, fine or custodial sentence
(Section 6(5)). All schools must be registered in accordance with the provisions
of the Act (Section 7). The Act establishes an inspectorate of schools whose
main function is to supervise schools. The inspectorate inspects the work of
each school annually, monitors effectiveness of tests and examinations,
appraises performance of principals of schools and performs other functions as
the minister may prescribe (Section 18).
The management of schools is undertaken by school principals
(Section 20). In terms of section 21 schools are governed by the school
boards. The Act also establishes the Education Advisory Council whose role
is to advise the minister about school curriculum, terms and conditions of
service for teachers, funding of schools and quality assessment (Sections 28
and 29). The Teaching Service Commission is another institution established
by the Act (Section 41). Its main functions are to appoint, promote, demote,
transfer and remove from office teachers whose salaries are paid by the
government (Section 42). Part X of the Act provides for the appointment,
promotion, demotion, transfer or removal from office of teachers other than
those teachers whose salary is paid by the government. Any disputes of
interest arising in relation to the application of the Act must be conciliated by
the Conciliation Board (Section 59). Disputes of rights are resolved through
arbitration (Section 68). The Act establishes the Teaching Service Tribunal,
which deals with appeals instituted by a teacher, a trade union or employer
arising from a grievance and disciplinary action.
1.3 WATER AND SEWAGE COMPANY
(PROPRIETARY) LIMITED (ESTABLISHMENT
AND VESTING) ACT NO. 54 OF 2010
The purpose of the Act is to establish a government-owned company to be
known as Water and Sewerage (Proprietary) Limited (Section 3). After
incorporation of this company all the assets, liabilities, rights and obligations
of the existing parastatal known as Water and Sewerage Authority vest in the