By Charmaine Ndlela

The Equal Education Law Centre, the Western Cape Children’s Commissioner and Ilitha Labantu have raised concerns over the Department of Basic Education’s draft regulations on managing learner pregnancy, warning that gaps could undermine implementation.

The Department of Basic Education has extended the deadline for public comment to May 24, 2026, after civil society groups requested more time to broaden participation.

The extension follows the gazetting last month of the draft regulations under the South African Schools Act, as amended by the Basic Education Laws Amendment Act.

The regulations aim to ensure pregnant learners can remain in school and return after childbirth, supported in a non-discriminatory environment. Schools would be required to provide academic, psychosocial and health support, reinforcing the constitutional right to basic education.

A key provision introduces mandatory reporting in certain cases. Where a learner under 16 falls pregnant, schools would have to report the matter to the Department of Social Development and the South African Police Service.

While intended to address potential statutory offences and protect minors, the measure has raised concerns among stakeholders about its practical implications.

Basic Education Minister Siviwe Gwarube said the regulations build on progress made in addressing learner pregnancy.

“We have moved away from a painful past where young girls were expelled or forced out of school due to pregnancy. These practices contributed to high dropout rates. The regulations reaffirm our commitment to dignity, inclusion and equal opportunity,” she said.

In a joint submission, the organisations welcomed the intent of the regulations but said significant gaps remain.

They cited a lack of clarity on implementation, particularly in under-resourced schools, as well as unclear roles across departments, limited detail on funding, insufficient operational guidance for schools, and capacity constraints in school health and support systems.

Without a clear implementation plan, the groups said, the regulations risk being ineffective despite their policy intent.

They also called for a stronger rights-based approach, with greater emphasis on learners’ dignity, privacy and best interests, improved accountability mechanisms, and clearer recognition of learner fathers.

“The regulations must be responsive, practical and adequately resourced,” the organisations said.

INSIDE EDUCATION

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