Cape Town - The Equal Education Law Centre has intervened in a case where two pregnant girls were forced to leave school at the end of their fifth month of pregnancy and only allowed to return three months after giving birth. They also had to pay a R200 deposit.
Lisa Draga, an attorney with the centre, said that according to the Lenasia school’s governing body’s pregnancy policy, the refundable deposit was “for use in case of emergency”, including costs incurred if the school was required to “phone the ambulance or parents”.
The name of the school was not released.
“The school governing body had drafted their pregnancy policy to align with the Measures for the Prevention and Management of Learner Pregnancy. The measures were released by the Department of Basic Education in 2007 and featured troubling content, including requiring pregnant learners to take a period of absence of up to two years to fulfil their parenting responsibilities,” Equal Education said.
It said that in 2009 the acting director-general of basic education issued a letter to all provinces requesting them to relay to schools that pupils may not be expelled from school due to pregnancy and must be allowed to return to school as soon as they were able.
“Earlier this year Equal Education intervened as amicus (friend of the court) in a Constitutional Court matter concerning unlawful exclusion of pregnant learners from two Free State Schools, Harmony and Welkom High. Judgment in that matter is pending,” the statement said.
Draga said the Lenasia case highlighted the need for clarity at a national level on how schools are required to assist and support pregnant pupils.
“National regulations on learner pregnancy which emphasise the need to support pregnant girls and to ensure minimal disruption to their schooling is urgently required.”
Bronagh Casey, spokeswoman for Education MEC Donald Grant, said schools were not allowed to charge pregnant pupils any fees, penalties or deposits for any reason.
In a response to a question in the provincial legislature earlier this year, Grant said the Western Cape Education Department’s policy on managing pupil pregnancies in public schools was drafted in line with the Bill of Rights.
In terms of the policy the parent will, on request of the principal, be asked to obtain a medical certificate giving a possible date of confinement, the date from which it would be medically advisable for the pupil to be absent from school before the confinement, and the date from which it would be medically advisable for her return to school.
Casey said the life orientation curriculum for every phase already deals with sex and sexuality at appropriate levels.
Last year about 2 458 Western Cape pupils fell pregnant, representing about 1. 35 percent of the female high school population in the province. - Cape Argus