Free State schools pregnancy policies challenged

By Drum Digital
05 March 2013

The Constitutional Court will hear arguments about the legality and constitutionality of two Free State schools' pregnancy policies on Tuesday.

The case follows a challenge by the Free State department of education, which believes it is unconstitutional to not allow a pupil who has given birth to return to school in the same year.

In terms of the schools' policies, pupils who have given birth must stay out of school for the rest of the year, and then redo the year.

According to papers submitted ahead of the application, the issue arose as a result of the policies of Welkom High School and Harmony High School.

The education department believes the policies are in breach of section nine of the Constitution and violate pupils' right to education.

It had tried to intervene to force the schools to let the pupils return in the same year.

The schools contend that this infringes the powers of their governing bodies.


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