It’s October 2022, and a teenage girl’s future is at stake. She (‘Ntsiki’) is pregnant and – for that reason – has been expelled from school. She has been barred from writing her grade 12 school-leaving exam set to take place in approximately one week’s time. This was the case that landed on SECTION27’s Advice Office desk, initiating a race against time to defend Ntsiki’s rights to basic education and non-discrimination.
Ntsiki was one of four girls that year to be expelled from the Tabhane Technical School in Ladysmith, KwaZulu-Natal (KZN), where the school’s discriminatory pregnancy policy at the time automatically excluded pregnant learners. KZN is the province with the highest rate of teenage pregnancies in South Africa. Meanwhile, in communities like Ntsiki’s, teenage pregnancies are also highly stigmatised. In past instances, KZN educators and administrators with restrictive school policies have provided various justifications for the exclusion of pregnant learners. They have claimed these learners would negatively influence fellow young girls to fall pregnant, encourage inappropriate conversations among children, and undermine the reputation of the school.
What lies beneath these justifications are traditional patriarchal norms that frown upon teenage pregnancies, regardless of their alleged impact on school-related dynamics. Ntsiki is one of many girls who has been forced to confront this stigma. Her community and its traditional leadership were averse to having her continue her schooling, despite her own wishes to complete her education.
Unable to secure placement to write her exam at another nearby school, Ntsiki sought the help of SECTION27. With only one week to resolve Ntsiki’s issue, SECTION27 quickly recognised the gravity and urgency of the situation, and drafted a letter to the KZN Department of Education (KZNDoE) demanding that they allow her to sit for her grade 12 exam.
Fortunately, the law worked in Ntsiki’s favour. Her expulsion from school directly contradicted the 2022 National Policy on the Prevention and Management of Learner Pregnancy, which aims to prevent unfair discrimination against pregnant learners. The policy seeks to create a supportive and inclusive environment for pregnant learners and obligates the Department of Basic Education (DBE) to provide them with access to care, counseling, and support. The policy is further supported by the South African School Act, which states that “a public school must admit learners and serve their educational requirements without unfairly discriminating in any way.”
These legal provisions give effect to the rights to basic education and equality under the South African Constitution. Furthermore, the Constitutional Court in the case of Head of Department, Department of Education, Free State Province v Welkom High School and Another; Head of Department, Department of Education, Free State Province v Harmony High School and Another 2014 (2) SA 228 (CC) held that the expulsion of pregnant learners from schools is a prima facie violation of their rights to a basic education, equality and dignity. On these grounds, SECTION27 threatened to take legal action against the KZNDoE if their demands were not met.
As a result of SECTION27’s intervention, the DBE, with oversight over the provincial education department, was concerned about litigation and negative publicity and stepped in. They conceded to SECTION27’s demands, allowing Ntsiki to write her exam: a huge relief for Ntsiki and a victory for the realisation of the right to basic education and non-discrimination.
However, for SECTION27, their work did not end there. Following Ntsiki’s involvement of legal representation in her case, her community became hostile, issuing threats against her and her family. In response, SECTION27 ensured that Ntsiki had an alternative location to sit for her exam, safeguarding her from the aggression wielded against her by her community.
SECTION27’s intervention not only secured Ntsiki’s right to write her matric exam but also prompted a critical review of Tabhane Technical School’s pregnancy policy. The revised policy, aligned with national laws, now ensures that no learner will be expelled in the future based on their pregnancy status.
Despite Ntsiki’s struggles, she passed her matric exams and obtained school leaving qualification. Reflecting on SECTION27’s swift actions, she expressed her gratitude, saying, “our lives would have been at a standstill or paused, but you came and we were able to write exams freely and safely. […] I hope SECTION27 continues to help others the way you did with us.”
Ntsiki’s success stands as a testament to her resilience. Her victory goes beyond individual triumph, highlighting the importance of upholding sexual and reproductive health and rights (SRHR) within the education system. This case underscores the critical role that legal advocacy plays in challenging discriminatory practices and promoting SRHR, ensuring that pregnant learners can continue their education without fear of exclusion or stigma.
By: Sabine Bos
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