,LCP4809 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 15 September 2025; 100%
correct solutions and explanations.
School Governing Bodies and Pregnancy Policies in South
Africa
Introduction
SGBs are entrusted with significant responsibilities, including
promoting the best interests of the school, ensuring quality
education, and developing a school constitution and mission
statement.[1] Crucially, SASA grants SGBs the authority to adopt
a code of conduct for learners, which inherently allows for the
development of policies that regulate learner behavior and
school life.[2] This broad mandate extends to the creation of
various school policies, provided they align with national
legislation and educational standards. The development of
policies addressing learner pregnancy falls within this scope, as
SGBs strive to manage the educational environment effectively
while upholding the rights of all learners.
Legislative Framework for SGBs and Policy Determination
The primary legislative instrument governing SGBs is the South
African Schools Act 84 of 1996 (SASA). Section 20 of SASA
outlines the functions of an SGB, which include, but are not
limited to, promoting the best interests of the school and
striving to ensure its development, adopting a code of conduct
, for learners, and supporting the principal, educators, and other
staff of the school in the performance of their professional
functions.[3] While SASA does not explicitly mention "pregnancy
policies," the power to adopt a code of conduct for learners
(Section 8) is the legislative hook through which SGBs derive
their authority to formulate such policies. This code of conduct
must be consistent with the Constitution and any applicable
provincial law.[4]
Furthermore, the National Education Policy Act 27 of 1996
(NEPA) provides for the determination of national education
policy by the Minister of Basic Education.[5] SGBs, in their policy-
making functions, must ensure that their policies are not in
conflict with national education policy. The Children's Act 38 of
2005 also plays a significant role, emphasizing the best interests
of the child as paramount in all matters concerning children.
[6]
This principle is particularly relevant when formulating
policies that affect pregnant learners, as it necessitates a
balanced approach that supports their right to education while
addressing the practicalities of their situation.
The Constitution of the Republic of South Africa, 1996, is the
supreme law and underpins all legislation and policy. Key
constitutional rights relevant to school pregnancy policies
include the right to basic education (Section 29), the right to
equality (Section 9), and the right to dignity (Section 10).[7] Any
policy formulated by an SGB must be consistent with these
Semester 2 2025 - DUE 15 September 2025; 100%
correct solutions and explanations.
School Governing Bodies and Pregnancy Policies in South
Africa
Introduction
SGBs are entrusted with significant responsibilities, including
promoting the best interests of the school, ensuring quality
education, and developing a school constitution and mission
statement.[1] Crucially, SASA grants SGBs the authority to adopt
a code of conduct for learners, which inherently allows for the
development of policies that regulate learner behavior and
school life.[2] This broad mandate extends to the creation of
various school policies, provided they align with national
legislation and educational standards. The development of
policies addressing learner pregnancy falls within this scope, as
SGBs strive to manage the educational environment effectively
while upholding the rights of all learners.
Legislative Framework for SGBs and Policy Determination
The primary legislative instrument governing SGBs is the South
African Schools Act 84 of 1996 (SASA). Section 20 of SASA
outlines the functions of an SGB, which include, but are not
limited to, promoting the best interests of the school and
striving to ensure its development, adopting a code of conduct
, for learners, and supporting the principal, educators, and other
staff of the school in the performance of their professional
functions.[3] While SASA does not explicitly mention "pregnancy
policies," the power to adopt a code of conduct for learners
(Section 8) is the legislative hook through which SGBs derive
their authority to formulate such policies. This code of conduct
must be consistent with the Constitution and any applicable
provincial law.[4]
Furthermore, the National Education Policy Act 27 of 1996
(NEPA) provides for the determination of national education
policy by the Minister of Basic Education.[5] SGBs, in their policy-
making functions, must ensure that their policies are not in
conflict with national education policy. The Children's Act 38 of
2005 also plays a significant role, emphasizing the best interests
of the child as paramount in all matters concerning children.
[6]
This principle is particularly relevant when formulating
policies that affect pregnant learners, as it necessitates a
balanced approach that supports their right to education while
addressing the practicalities of their situation.
The Constitution of the Republic of South Africa, 1996, is the
supreme law and underpins all legislation and policy. Key
constitutional rights relevant to school pregnancy policies
include the right to basic education (Section 29), the right to
equality (Section 9), and the right to dignity (Section 10).[7] Any
policy formulated by an SGB must be consistent with these
