,LCP4809 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 15 September 2025; 100%
correct solutions and explanations.
School Governing Bodies and Pregnancy Policies in South
Africa
Introduction
The right to basic education in South Africa is entrenched in
section 29(1)(a) of the Constitution of the Republic of South
Africa, 1996, and is immediately realisable without
qualification. This right, however, is frequently tested in the
context of pregnancy among school-going learners.
Historically, schools adopted policies that were exclusionary,
forcing pregnant learners to leave school, thereby
perpetuating gender inequality, poverty, and social exclusion.
In democratic South Africa, such policies must be measured
against the Constitution, the South African Schools Act 84 of
1996 (SASA), the Children’s Act 38 of 2005, and the Guidelines
for the Prevention and Management of Learner Pregnancy in
Schools (2021).
At the centre of policy-making for schools are School
Governing Bodies (SGBs), which, in terms of section 20 of
SASA, are empowered to develop codes of conduct and
policies, including those dealing with discipline, admission,
and pregnancy. However, the exercise of this power must be
, consistent with constitutional rights and national law. This
essay critically evaluates the role of SGBs in drafting and
implementing pregnancy policies in schools, highlighting the
constitutional and statutory framework, case law, and policy
considerations.
1. The Constitutional Framework
The Constitution is the supreme law of the Republic, and all
law and conduct must be consistent with it. Several
constitutional rights are directly implicated in pregnancy
policies in schools:
Equality and Non-discrimination (section 9): Pregnant
learners, who are predominantly female, must not suffer
unfair discrimination on the basis of gender or pregnancy.
Policies that exclude or stigmatise them are
unconstitutional.
Human Dignity (section 10): Forcing a learner to leave
school due to pregnancy undermines her dignity.
Best Interests of the Child (section 28(2)): All decisions
affecting children must give paramount consideration to
their best interests. This includes balancing the learner’s
right to education with her health and well-being.
Semester 2 2025 - DUE 15 September 2025; 100%
correct solutions and explanations.
School Governing Bodies and Pregnancy Policies in South
Africa
Introduction
The right to basic education in South Africa is entrenched in
section 29(1)(a) of the Constitution of the Republic of South
Africa, 1996, and is immediately realisable without
qualification. This right, however, is frequently tested in the
context of pregnancy among school-going learners.
Historically, schools adopted policies that were exclusionary,
forcing pregnant learners to leave school, thereby
perpetuating gender inequality, poverty, and social exclusion.
In democratic South Africa, such policies must be measured
against the Constitution, the South African Schools Act 84 of
1996 (SASA), the Children’s Act 38 of 2005, and the Guidelines
for the Prevention and Management of Learner Pregnancy in
Schools (2021).
At the centre of policy-making for schools are School
Governing Bodies (SGBs), which, in terms of section 20 of
SASA, are empowered to develop codes of conduct and
policies, including those dealing with discipline, admission,
and pregnancy. However, the exercise of this power must be
, consistent with constitutional rights and national law. This
essay critically evaluates the role of SGBs in drafting and
implementing pregnancy policies in schools, highlighting the
constitutional and statutory framework, case law, and policy
considerations.
1. The Constitutional Framework
The Constitution is the supreme law of the Republic, and all
law and conduct must be consistent with it. Several
constitutional rights are directly implicated in pregnancy
policies in schools:
Equality and Non-discrimination (section 9): Pregnant
learners, who are predominantly female, must not suffer
unfair discrimination on the basis of gender or pregnancy.
Policies that exclude or stigmatise them are
unconstitutional.
Human Dignity (section 10): Forcing a learner to leave
school due to pregnancy undermines her dignity.
Best Interests of the Child (section 28(2)): All decisions
affecting children must give paramount consideration to
their best interests. This includes balancing the learner’s
right to education with her health and well-being.
