ACDP says judgement respects rights of School Governing Bodies and pregnant learners

MEDIA RELEASE

Cheryllyn Dudley MP

11 July 2013

The ACDP welcomes the Constitutional Court judgment handed down yesterday, regarding

the powers of a Head of a Provincial Department of Education (HOD) to instruct a principal of a public school to act in contravention of a learner pregnancy policy adopted by the governing body of that school.

ACDP Member of Parliament on the Basic Education Portfolio Committee, Cheryllyn Dudley said today:

“The ACDP recognises the wisdom of this judgement and we believe it brings clarity in the circumstances.  It is important that School Governing Bodies have the assurance that school policy will be respected by the department and that due process will be followed when policy is queried. 

“Society as we know it today has opted for inclusive rather than exclusive policies and education – our children and educators have had to come to terms with realities such as pregnant learners and as much as it is not the most ideal situation - excluding these learners from school would not help create a better reality – in fact it is just another excuse for people to terminate the pregnancy and pretend the developing child does not exist. In my opinion, the natural restrictions and consequences of pregnancy could help convince other girls and boys that waiting until they are ready to have a family is a far better option.

In 2008 and 2009 the governing bodies of Welkom High School and Harmony High

School respectively adopted pregnancy policies that provide for the exclusion of pregnant learners from school for certain time-periods. The HOD issued instructions to the principals of the schools to readmit two learners who had been excluded from school.  The schools sought to interdict the HOD from interfering with the implementation of their policies - the High Court granted the interdict, which was confirmed by the Supreme Court of Appeal.

The Constitutional Court, concluded that, because the HOD had purported to override school policies without following the relevant procedures set out in the Schools Act, he acted unlawfully.

The ConCourt did however acknowledge that the schools’ pregnancy policies at face-value infringe upon the constitutional rights of pregnant learners, including the rights to human dignity, to freedom from unfair discrimination and to receive a basic education. In order to address these concerns, the schools were ordered to review the policies and to meaningfully engage with the HOD in the process of reviewing their policies, in line with the principles of cooperative governance enshrined in the Schools Act.

CONSTITUTIONAL COURT OF SOUTH AFRICA - CCT 103/12

Date of Hearing: 5 November 2012

Date of Judgment: 10 July 2013