Ruling on pregnant pupils welcomed
|Published
A 14-year-old Kimberley girl is 28-weeks pregnant after allegedly being raped on several occasions by her primary school teacher. The girl’s parents confirmed this week that they had opened a case of statutory rape against the Grade 7 teacher from a Colville primary school. Picture: Johnnie van Niekerk A 14-year-old Kimberley girl is 28-weeks pregnant after allegedly being raped on several occasions by her primary school teacher. The girl’s parents confirmed this week that they had opened a case of statutory rape against the Grade 7 teacher from a Colville primary school. Picture: Johnnie van Niekerk
Bloemfontein - The Free State education department was pleased with Wednesday's Constitutional Court judgment on school pregnancies.
“The Constitutional Court has re-affirmed our view that the pregnancy policies we complained about were infringing upon the constitutional right of the pregnant learners,” spokesman Howard Ndaba said.
The court earlier held that two Free State school governing bodies (SGB) had to review their current pregnancy policies. The review had to be done by October 10 this year, Judge Sisi Khampepe said.
Once this had been completed, the governing bodies had to hand an affidavit to the court setting out the process followed and furnish copies of the reviewed policies.
“The applicant (department) and respondents (SGBs) must engage meaningfully with each other in order to give effect to the order,” Khampepe said.
The court was delivering judgment in a dispute between the Free State education head (HOD) and two Welkom high schools.
At issue was whether the HOD was lawfully entitled to order the principals of the Welkom High School and Harmony High School not to comply with the pregnancy policies their governing bodies adopted in 2008 and 2009.
These provided for the automatic suspension of pregnant pupils.
Ndaba said the department respected the judgment and felt its position on the constitutionality of the pregnancy policies had been vindicated.
However, the department felt disappointed that the court's majority ruling disagreed with its arguments on certain technical legal issues.
The Federation of Governing Bodies of SA Schools (Fedsas) said the judgment had dealt state interference in the affairs of schools a knockout blow.
Fedsas spokesman Jaco Deacon said the court “in the umpteenth court judgment” confirmed education departments could not give instructions to schools and school principals when these instructions were not in accordance with the law.
“Although this case focuses on the abuse of power by state officials, we should not lose sight of the fact that school principals were again the victims of illegal state interference.” - Sapa