, LCP4809 ASSIGNMENT 2 SEMESTER 2 2025
DUE DATE: 15 SEPTEMBER 2025
The Role of School Governing Bodies in Determining Policies: A Focus on Pregnancy
Policies in South African Public Schools
Introduction
School Governing Bodies (SGBs) are central to the governance of public schools in South
Africa. The South African Schools Act 84 of 1996 (hereafter the Schools Act) empowers
SGBs to adopt policies that regulate the conduct of learners, including policies on
admissions, language, discipline, and other matters that shape the school environment. One
of the most contentious areas of policy relates to pregnancy among learners. The
determination of pregnancy policies by SGBs has raised constitutional, legal, and ethical
questions, especially concerning the rights of learners to equality, dignity, education, privacy,
and the best interests of the child.
This essay critically discusses the functions of SGBs in policy determination, focusing on
their authority to adopt pregnancy policies. It analyses the legislative framework that confers
powers on SGBs, considers relevant constitutional provisions, and examines case law—
particularly Head of Department, Free State Province v Welkom High School & Harmony
High School (2013). The essay argues that while SGBs possess significant authority in
policy-making, their decisions must be consistent with the Constitution and cannot unfairly
limit the rights of learners.
The Legislative and Constitutional Framework
The Constitution
The Constitution of the Republic of South Africa, 1996, is the supreme law and provides the
foundation for interpreting all other legislation and policies. Section 29(1)(a) guarantees the
right to basic education, which is immediately realisable and not subject to progressive
realisation (Jansen, 2015). Pregnancy policies that exclude learners from schooling directly
threaten this constitutional guarantee.
Section 9 of the Constitution enshrines the right to equality and prohibits unfair discrimination
on various grounds, including gender and pregnancy. In addition, Section 10 guarantees
DUE DATE: 15 SEPTEMBER 2025
The Role of School Governing Bodies in Determining Policies: A Focus on Pregnancy
Policies in South African Public Schools
Introduction
School Governing Bodies (SGBs) are central to the governance of public schools in South
Africa. The South African Schools Act 84 of 1996 (hereafter the Schools Act) empowers
SGBs to adopt policies that regulate the conduct of learners, including policies on
admissions, language, discipline, and other matters that shape the school environment. One
of the most contentious areas of policy relates to pregnancy among learners. The
determination of pregnancy policies by SGBs has raised constitutional, legal, and ethical
questions, especially concerning the rights of learners to equality, dignity, education, privacy,
and the best interests of the child.
This essay critically discusses the functions of SGBs in policy determination, focusing on
their authority to adopt pregnancy policies. It analyses the legislative framework that confers
powers on SGBs, considers relevant constitutional provisions, and examines case law—
particularly Head of Department, Free State Province v Welkom High School & Harmony
High School (2013). The essay argues that while SGBs possess significant authority in
policy-making, their decisions must be consistent with the Constitution and cannot unfairly
limit the rights of learners.
The Legislative and Constitutional Framework
The Constitution
The Constitution of the Republic of South Africa, 1996, is the supreme law and provides the
foundation for interpreting all other legislation and policies. Section 29(1)(a) guarantees the
right to basic education, which is immediately realisable and not subject to progressive
realisation (Jansen, 2015). Pregnancy policies that exclude learners from schooling directly
threaten this constitutional guarantee.
Section 9 of the Constitution enshrines the right to equality and prohibits unfair discrimination
on various grounds, including gender and pregnancy. In addition, Section 10 guarantees
