2 2025 - DUE 15 September 2025; 100% correct solutions
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The Role of School Governing Bodies in Formulating Learner Pregnancy
Policies in South Africa
Introduction
Education is widely recognized as a fundamental human right in South
Africa. The South African Constitution guarantees every child the right to a
basic education, a principle which is reinforced by the South African
Schools Act (SASA) of 1996. This legislation created a system of shared
governance in public schools, which includes the state, teachers, parents, and
most importantly, School Governing Bodies (SGBs). SGBs are entrusted
with both administrative and policy-making powers intended to improve
school performance and promote accountability.
Among the many policy areas SGBs are involved in, learner pregnancy has
emerged as a particularly sensitive and complex issue. The growing
prevalence of teenage pregnancies in South Africa has challenged schools to
develop policies that balance legal, moral, educational, and social
considerations. Over the years, some schools have attempted to formulate
rules that regulate the participation of pregnant learners, but these initiatives
have occasionally conflicted with constitutional and statutory rights.
This essay critically examines the function of SGBs in determining school
policies related to learner pregnancy, drawing on relevant legislation,
policy frameworks, and judicial decisions, including the landmark case Head
of Department, Department of Education, Free State Province v Welkom
High School Governing Body (2013). The essay will argue that while SGBs
have a role in shaping school policy, their powers are limited by
constitutional rights and national guidelines, and any pregnancy-related
policy must prioritize the right to education and non-discrimination.
Legal Framework for School Governing Bodies