1. 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.
Essay 1
Introduction
In South Africa, the governance of public schools is a shared responsibility between the state, school
principals, educators, and School Governing Bodies (SGBs). A vital function of the SGBs is to
formulate policies that guide the school's operations and ensure a safe, inclusive, and supportive
environment for all learners. One such policy is the school pregnancy policy, which addresses the
needs of pregnant learners and ensures their right to education while promoting gender equity.
The Role of School Governing Bodies
School Governing Bodies (SGBs) in South Africa are elected bodies consisting of parents, teachers,
non-teaching staff, and sometimes learners. Their role, as defined by the South African Schools Act
(SASA) of 1996, is to provide a mechanism for stakeholder participation in the management and
governance of schools. SGBs have the power to formulate policies on various matters such as
admissions, discipline, language of instruction, and health-related issues (South African Schools Act,
1996: Section 20).
While SGBs are given significant autonomy to establish policies, these policies must align with
national legislation, such as the Constitution of South Africa, as well as international human rights
obligations. The policies developed by SGBs should reflect the values and needs of the school
community while ensuring that the rights of learners are not compromised. In the case of pregnancy,
SGBs are tasked with creating policies that ensure pregnant learners are treated with dignity and
have the continued right to education.
Pregnancy Policies in Schools
The issue of learner pregnancy in South African schools has received considerable attention,
particularly regarding the rights of pregnant learners to continue their education. Historically, some
schools have had policies that excluded pregnant learners or made it difficult for them to remain
enrolled. Such policies not only violated the learners' constitutional rights but also perpetuated
gender inequality in educational settings (Department of Basic Education, 2007).
The pregnancy policy adopted by SGBs should be inclusive, ensuring that pregnant learners are
supported throughout their pregnancy and beyond, enabling them to complete their education
without discrimination. A comprehensive pregnancy policy typically addresses issues such as the
continuation of education during pregnancy, access to maternity leave, provision of counseling
services, and a clear protocol for re-entry into school after childbirth (Department of Basic Education,
2007). These policies ensure that pregnant learners are not stigmatized or marginalized but are
instead supported in balancing their educational and personal responsibilities.