A dispute about whether a pregnant learner should be allowed to attend classes has again highlighted the conflict between individual rights and the responsibilities of the school.
In a recent case, the family of a Grade 12 pupil at Johannes Mushaathama Secondary School in Tshirolwe complained that she had been expelled because she was pregnant.
According to the girl's mother, who asked not to be named to protect her daughter's identity, the school informed them that the pupil would not be allowed to continue attending classes until after giving birth.
"My child was told to go home and only return next year, after she has given birth," she said. "I'm very worried. She's already been at home for two months, and she's missing out on valuable lessons."
She said her daughter had been given a letter from the school stating that she could not continue with her studies due to her pregnancy. "I'm unhappy with this decision. There are more than three other pregnant girls at the school. Why is only my child being targeted?"
The chairperson of the school governing body (SGB), Ms Emily Ramadi, responded by saying that the learner who was complaining was in an advanced stage of pregnancy. "We didn't expel her. The Department of Education's policy does not allow us to send a learner away because she is pregnant," she said.
She said the school was willing to make arrangements for the pupil to continue her studies from home. "We don't have the skills to manage her condition at school. She could go into labour at any time, and it's better for her to be at home where she can receive proper care."
Department of Education spokesperson Mike Maringa said no teacher or principal was allowed to discriminate against a learner because of pregnancy. "If a learner has been turned away, the matter must be reported to the circuit manager," he said.
He explained that pregnant learners are allowed to attend school until one month before their due date. If they are medically advised to stay home earlier, they must complete a health questionnaire, and the school is expected to make arrangements for continued academic support.
"There should be no disadvantage to the learner," Maringa said. "If the parents want the learner to remain in school, they must also take responsibility. Should anything happen to the pupil while on school premises, the school will be held liable. The department does not have qualified personnel to care for learners in such conditions."
The South African Schools Act (SASA) explicitly prohibits unfair discrimination against learners, including on the basis of pregnancy. Section 5(1) of SASA states that a public school must admit learners and serve their educational requirements without unfairly discriminating in any way.
The Department of Basic Education (DBE) provides guidelines to schools and SGBs in its policy document. It states that schools must allow the pregnant learner to remain in school during and after pregnancy. "To facilitate the application of these rights, learners who are over six months pregnant will be required to submit a medical certificate indicating the status of their pregnancy and estimated delivery date. In addition, the pregnant learner will be asked to provide medical reports to her appointed educator or school principal, certifying that it is safe for her to continue with her schooling, if she wishes to stay in school beyond 32 weeks (eight months) of pregnancy. If the learner does not provide this information and fails to provide an explanation, she may be asked to take a leave of absence until medical proof is provided," the policy reads.
Teenage pregnancies remain a serious problem in South Africa. The latest available statistics from the District Health Barometer show that more than 360 teenagers give birth in South Africa every day. Ten of those daily teen births are to girls younger than 15. In the 2022/23 financial year, 132,800 teenage births were recorded.