Pregnancies in schools

Pregnant school girls may not be expelled or suspended.

Statistics on reported pregnancies amongst school-going learners have been quite alarming. In 2019 alone, Statistics South Africa reported 106 383 registered births among school-going learners between the ages of 10 and 19 years. The numbers have only risen over the past few years.

Pregnant learners in school often get faced with bullying remarks and discriminatory actions from fellow learners and teachers. Schools appear to be unsure about how to handle the concerns faced by pregnant learners in schools. This indicates some level of confusion amongst different school authorities and their desperation to address the issue.  Recently, there were reports that two schools had taken it upon themselves to implement a policy banning pregnant learners from attending school until they give birth. Alternatively, their policies provide that a pregnant learner could attend school if a parent accompanies her and cares for her at school. One of these schools is said to have revised its internal policy to allow pregnant learners to attend school.

This change of the school's internal policy happened after the Department of Education intervened and referred it to the Department of Basic Education Policy on the Prevention and Management of Learner Pregnancy in Schools (“Policy”) published in Government Gazette No. 45580 on 3 December 2021. The Policy provides guidance on various aspects, such as how pregnant learners should be treated in schools.

The provisions of the policy apply to both learners and educators who must keep its provisions in mind when dealing with pregnant learners in schools. The Policy is aimed at reducing the rate of pregnancy amongst learners, ensuring that pregnant learners are not excluded from school as a result of pregnancy or child birth, and providing an environment for pregnant learners to complete their basic education.

Education is key

It is important for learners, their parents and educators to be aware of what the relevant rights and duties are when dealing with pregnant learners in a school environment. The underlying principles of the Policy are drawn from the Constitution and other legislation, such as the Children's Act 38 of 2005 (“Children's Act”) and the Choice on Termination of Pregnancy Act 92 of 1996 (“Termination of Pregnancy Act”).

The Policy lists several guiding principles related to learner pregnancies. One of these principles is that every learner has the right to quality, age-appropriate sex education, including information on contraception. This principle is aimed at preventing unwanted pregnancies, as well as the prevention of sexually transmitted diseases and HIV. The following aspects from legislation are important to be aware of:

>     Section 134 of the Children's Act provides that no person may refuse to sell condoms or to provide free condoms on request to a child who is over the age of 12.

>     Section 134 of the Children's Act further provides that contraceptives other than condoms may be provided to a child at the child's request and without the consent of a parent if the child is at least 12 years old. However, the child will also receive medical advice and medical examination to ensure that it is safe to provide the contraceptives. 

>     Section 5 of the Termination of Pregnancy Act provides that a pregnant child may approach a health facility for termination of a pregnancy without consulting her parents. However, a medical practitioner or nurse will still advise the pregnant child that she must consult with a parent or family member, but the termination of pregnancy may not be denied if the child refuses to consult with them.

Schools should be aware of their duty to educate and support learners and ensure a safe environment for the learners to feel comfortable in addressing these matters with the relevant educators or staff members at the school.

Treatment of pregnant learners in schools

The Policy provides that a pregnant learner must be retained at school during the course of her pregnancy and she may return to school after giving birth. This means that a school cannot implement policies that will lead to the expulsion or suspension of the pregnant learner during her pregnancy. The school environment should be such that the pregnant learner is not discriminated against, stigmatised or humiliated. The learner should also be given access to counselling and support.

Procedural aspects related to pregnancies in schools and reporting

The Policy provides for several procedural aspects other than how to deal with the pregnant learner in school. For example, the policy provides the following guidance on what schools should do in respect of the father of the child the learner is pregnant with:

>     If the biological father is also a learner, he should be counselled and guided in respect of his rights and responsibilities.

>     If the biological father is an educator or staff of the school, he should be suspended and subjected to a disciplinary hearing.

>     There should be an investigation to establish whether a sexual offence was committed in the interaction with the pregnant learner. This also applies if the biological father is discovered to be someone else other than a learner or educator. 

>     Where there was a sexual offence committed or there was a suspicion of a sexual offence, the reporting procedure must be in line with the Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools (“Protocol”). The Protocol applies to incidents of sexual abuse and or harassment of learners irrespective of whether they take place on or off school premises, including incidents outside school hours.

>     There is a responsibility on educators to report incidents of suspected sexual abuse where the victim is a child. Reasonable grounds should exist for the suspicion. Where the learner reported the incident to the educator, the educator must not question the learner on the truthfulness of the information and must report the incident to the principal or School Management Team. The Protocol provides a form, indicating the information required, that must be completed by the principal. The principal also bears the responsibility to communicate the incident in writing to the victim learner's parents within 24 hours of receiving the complaint, but s/he may not disclose the name of the alleged offender. If the learner was raped and she is under the age of 18 years, the principal also has a duty to report the matter to SAPS.

In light of the above, it is clear that pregnant learners are protected from being discriminated against in schools by different policies and laws. Mismanagement of cases relating to pregnant learners is a violation of the policies and laws.

Did you know… Pregnant learners in school often get faced with bullying and discriminatory actions.