1. In 2003 the WCED Policy on Managing Learner Pregnancy in Public Schools was distributed to schools under cover of Circular 121/2003. The above-mentioned national Measures were distributed to schools in the Western Cape in 2007.
2. It has come to the attention of the WCED that schools are applying the national Measures instead of the WCED policy when dealing with learner pregnancy in schools. Principals and governing bodies should take note of the legality of the two documents.
3. The WCED policy is based on the legal prescripts of the Constitution of the RSA and the South African Schools Act, which provide all learners with the right to education, without unfair discrimination. The policy is thus enforceable.
4. The national Measures for the Prevention and Management of Learner Pregnancies are guidelines that were not issued in terms of any law, nor were they published in a Government Gazette. These Measures are thus not enforceable and applying them when dealing with learner pregnancy could have legal implications for schools and school governing bodies.
5. The national Department of Education (DoE), when questioned about the legality of the Measures, responded as follows:
"The status of the Measures is not legally binding, and in court it will not stand on its own. We [DoE] needed to guide schools in the absence of a provincial policy on Learner Pregnancy and how to implement the SA Schools Act['s] 'no expulsion clause'. The provincial policy of the Western Cape supersedes the national Measures."
6. Schools must therefore follow and apply the prescripts of the WCED policy issued under cover of Circular 121/2003 in all cases when dealing with learner pregnancy at school. Schools should not apply the National Measures. The Measures are merely guidelines for schools in a province where that province does not have a policy on learner pregnancy.
7. Please bring the contents of this minute to the attention of all concerned.
8. Your co-operation is appreciated.


SIGNED: MI MAAS-OLSEN
HEAD: EDUCATION
DATE: 2008:10:29