Nantu’s Role in Policy Analysis and Application

AT A MEETING on 29 April, the National Teachers’ Council (NTC) of the Namibia National Teachers Union (Nantu) unilaterally decided to exclude school principals from serving in any Nantu leadership position.

NTC cited Nantu’s constitution and the Basic Education Act (BEA) of 2020 as the legal frameworks for this limitation.

The NTC resolution was informed by a legal opinion from two prominent law firms, sought to provide a legal interpretation of clause 7.2.4 of Nantu’s constitution and section 47(7)(k) of the BEA.

A legal opinion is not legally binding. Similarly, the legal opinion given by the law firms rightly states that the NTC has the discretion to consider taking the legal opinion provided or to leave it altogether.

For the NTC to buy into the legal opinion hook, line and sinker without conducting a wide-ranging regional consultative meeting with all Nantu members leaves a lot to be desired.

Interestingly, the resolution contravenes clause 17.1 of Nantu’s constitution. If the NTC resolution goes unchallenged, it will set a bad precedent for the union in future.

PROVISIONS

An organisation’s constitution is a sacrosanct document. Therefore, there must be due regard on preserving its sanctity at all costs. Any contemplation of amending the constitution must be done in line with clause 17.1.

Does clause 7.2.4 of the NC, as well as section 47(7)(k) of the BEA, explicitly exclude school principals, inspectors of education (IoEs) and senior education officers (SEOs) from taking up leadership positions within Nantu structures as per the provisions?

Clause 7.2.4 states that “only full members in good standing such as practising teachers, technicians, librarians, lecturers, advisory services, education officers, inspectors of schools and instructors who are not in managerial positions and deals with cases shall be eligible for nomination and election as office bearers of the union at all levels”.

Section 47(7)(k) of the BEA states that “in managing a state school, the functions of the principal are to…assist the regional director in handling disciplinary matters pertaining to teachers and other staff members…”

Nantu’s primary objectives include advocating for teachers’ rights, fostering cooperation, and protecting teachers’ interests.

It aims to be the voice of Namibian teachers and actively participates in educational matters.

It has a hierarchical leadership structure that includes various levels such as the NTC, the highest decision-making body, comprised of representatives from different regions; the national executive committee (NEC), responsible for implementing decisions made by the NTC; the secretariat which handles day-to-day administrative tasks; regional organs that represent teachers at regional level; branch organs that represent teachers at local branch level and the school organs that represent teachers at school level.

IS A PRINCIPAL A TEACHER?

The BEA defines a “teacher” as a staff member qualified to teach others in formal education and whose occupation is teaching and includes a staff member who does not have a teaching qualifications but has other abilities and qualifications relevant to teaching.

It further defines a “principal” to mean a teacher who holds the post of the head of the school. Principals are indeed teachers and heads of schools.

The BEA only states that a principal is a “head of school” but does not state that a principal is a manager, or a member of the management cadre as defined in the Public Service Act of 1995.

NTC’s argument that a principal is a manager and therefore cannot hold a leadership position in the union is neither here nor there.

Does the BEA regulate the operations of trade unions in Namibia? Trade unions are regulated under the Labour Act of 2007.

The term “trade unions” is only mentioned once in the BEA – in connection with the appointment of people to the National Lifelong Learning and Adult

Education Council.

The term “unions of teachers” is mentioned four times in the BEA.

Firstly, as it relates to appointing people to the National Lifelong Learning and Adult Education Council.

Secondly, as it relates to appointments to the National Advisory Council on Education.

Thirdly, in connection with appointing people to the Regional Education Forums. Fourthly and lastly, as it relates to appointments to the National Examination, Assessments and Certification Board.

If the BEA does not regulate the operations of other trade unions such as Napwu, PSUN and TUN – which bargain and organise their members who fall under the unified structure and teaching service categories of staff members in the public service under the education ministry – it also can’t be used to regulate the operations of Nantu whose members fall under the teaching service of the same ministry.

Therefore, the BEA does not regulate the operation of trade unions, including Nantu.

CONDITIONS OF SERVICE

Did NTC err in its judgement by passing the resolution excluding principals from holding leadership positions in the union?

The decision to exclude principals and other union members from leadership positions in the union was not expected to arise from Nantu; rather from the employer who must ensure it applies to all trade unions under the education ministry (Napwu, PSUN, TUN and Nantu).

Nantu is but one of many unions representing employees under the education ministry.

Nantu’s role in the analysis and application of Section 47(7)(k) of the Basic Education Act should be limited to that of a watchdog, seeing to it that all government/ministerial policies are in line with the recognition agreement and that any unfair labour practices emanating from the application of law and policies are detected and rectified.

By failing to analyse the policy in question and determine whether, by implication, the employer acted unilaterally and altered the conditions of service of principals – by adding extra responsibilities to principals’ job descriptions – NTC is complicit in violating clause 8(p) of the recognition agreement entered into between the employer and the unions(Napwu,

Nantu).

NTC failed to focus on the bigger picture which is bread-and-butter issues and that is its core business and mandate. Instead of passing a resolution instructing the NEC to engage the employer and determine whether principals do (not) deserve additional benefits because of the changes in conditions of service as contemplated above,

NTC passed a resolution that seeks to preserve union leadership positions in the union to a select group of members. This is unconstitutional.

THE RIGHT THING TO DO

Therefore, I contend that NTC made a crucial error of judgement when it passed the resolution to exclude a section of union members from serving at all levels of union structures.

The only sensible thing for the NTC to do is to call an urgent NTC meeting to consider annulling their ill-advised resolution before the restructuring exercise starts at school and branch levels this month (May), as well as at regional level in June/July before the national congress set for August/September.

In conclusion, principals are teachers, therefore principals who are full members of Nantu in good standing, have every right to participate in union activities, to elect and to be elected to positions of authority within union structures as per Nantu’s constitution.

– Naftal K Shigwedha is an educator who served as Nantu professional coordinator from 2015 -2021. The views expressed here are his own