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LCP4809 Assignment
2 Semester 2 | Due 15
September 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
, Exam (elaborations)
LCP4809 Assignment 2 Semester 2 Memo |
Due 15 September 2025
Course
Education Law (LCP4809)
Institution
University Of South Africa (Unisa)
1. Write an essay of approximately 1500 words in which you discuss the
function of publicschool governing bodies to determine Policies at schools
with reference to “School Governing Bodies Function to determine the School
Pregnancy Policy”. Please refer to relevant legislation and case law to
substantiate your argument
The Function of Public School Governing
Bodies in Determining Policies: A Focus on
School Pregnancy Policies
Introduction
The South African education system is founded on the principles of democracy, equity, and
accountability. Within this framework, school governing bodies (SGBs) play a critical role in
shaping the governance and policy environment of public schools. Established under the South
African Schools Act 84 of 1996 (SASA), SGBs are tasked with adopting policies that regulate
school life and ensure alignment with constitutional and statutory principles. One of the most
contested areas of SGB policy-making has been the school pregnancy policy, which governs
how schools respond when learners fall pregnant. This issue touches on deeply sensitive areas of
constitutional rights, gender equality, children’s rights, education rights, and public
morality.
This essay explores the function of SGBs in determining school policies, focusing on their
authority and limits in relation to pregnancy policies. It examines relevant legislation such as
SASA, the Constitution of the Republic of South Africa, 1996, and the Children’s Act 38 of 2005.
It also draws on landmark case law such as Head of Department, Mpumalanga Department of
Education v Hoërskool Ermelo (2010) and MEC for Education: KwaZulu-Natal v Pillay (2008),
as well as the High Court ruling in Welkom High School v Harmony High School (2013), which
dealt directly with pregnancy policies. The essay argues that while SGBs have significant
autonomy in policy-making, their policies must respect the rights of learners and remain
consistent with constitutional values and national frameworks.
LCP4809 Assignment
2 Semester 2 | Due 15
September 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
, Exam (elaborations)
LCP4809 Assignment 2 Semester 2 Memo |
Due 15 September 2025
Course
Education Law (LCP4809)
Institution
University Of South Africa (Unisa)
1. Write an essay of approximately 1500 words in which you discuss the
function of publicschool governing bodies to determine Policies at schools
with reference to “School Governing Bodies Function to determine the School
Pregnancy Policy”. Please refer to relevant legislation and case law to
substantiate your argument
The Function of Public School Governing
Bodies in Determining Policies: A Focus on
School Pregnancy Policies
Introduction
The South African education system is founded on the principles of democracy, equity, and
accountability. Within this framework, school governing bodies (SGBs) play a critical role in
shaping the governance and policy environment of public schools. Established under the South
African Schools Act 84 of 1996 (SASA), SGBs are tasked with adopting policies that regulate
school life and ensure alignment with constitutional and statutory principles. One of the most
contested areas of SGB policy-making has been the school pregnancy policy, which governs
how schools respond when learners fall pregnant. This issue touches on deeply sensitive areas of
constitutional rights, gender equality, children’s rights, education rights, and public
morality.
This essay explores the function of SGBs in determining school policies, focusing on their
authority and limits in relation to pregnancy policies. It examines relevant legislation such as
SASA, the Constitution of the Republic of South Africa, 1996, and the Children’s Act 38 of 2005.
It also draws on landmark case law such as Head of Department, Mpumalanga Department of
Education v Hoërskool Ermelo (2010) and MEC for Education: KwaZulu-Natal v Pillay (2008),
as well as the High Court ruling in Welkom High School v Harmony High School (2013), which
dealt directly with pregnancy policies. The essay argues that while SGBs have significant
autonomy in policy-making, their policies must respect the rights of learners and remain
consistent with constitutional values and national frameworks.
