Constitutional Court instructs two schools to review pregnancy policies

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The Constitutional Court has instructed to two Free State school governing bodies to review their current pregnancy policies.

Judge Sisi Khampepe says the review has to be done by October 10th and details of the review has to be presented to court in the form of an affidavit.

The judgement delivered on Wednesday followed a dispute between the Free State education department and two schools who were ordered to reinstate learners who were expelled for being pregnant.

The issues related to whether the head of department was lawfully entitled to order the principals of the two schools not to comply with the pregnancy policies their governing bodies adopted in 2008 and 2009.

The HOD instructed the principals of the schools to readmit two pupils who had been suspended under the pregnancy policies.

The schools asked the Free State High Court for an interdict preventing the HOD from interfering with the implementation of their policies.

The high court granted the interdict, which the Supreme Court of Appeal confirmed.

The high court and the SCA found that the HOD did not have authority to instruct the principals to contravene duly adopted school policies.

The HOD appealed against the decision in the Constitutional Court.

The Constitutional Court dismissed the appeal against the decision of the SCA, but ordered the schools to review their policies on pregnant pupils.

No costs were ordered in the case.