ASSIGNMENT 2
DUE DATE: 15 SEPT 2025
, LCP4809
ASSIGNMENT 2 2025
Question:
Write an essay of approximately 1500 words in which you discuss the function of
public-school 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.
School Governing Bodies and Pregnancy Policies in South Africa
The South African Schools Act (SASA) gives school governing bodies (SGBs) the
responsibility to help manage public schools. SGBs must work in the best interest of the
school by making sure learners receive quality education, creating a school constitution
and mission, and adopting a code of conduct for learners. These duties give SGBs the
authority to set everyday school policies, provided they follow the law and national
curriculum standards. Over time, many SGBs have also made rules dealing with
learners who become pregnant.
The power of SGBs to make a Learner Pregnancy Policy must be understood within the
framework of the Schools Act (SASA 84 of 1996), Department of Basic Education
guidelines, and the constitutional rights to education, equality, and dignity. Important
cases such as Head of Department, Free State Province v Welkom High School (2013)
and Rautenbach (DF Malan) (2025) show how the courts have guided the balance
between SGB authority and learners’ rights. National policy and the Constitution play a
key role in limiting and shaping how pregnancy policies are made in schools.