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Discrimination Against Pregnant Students in Zimbabwe

Section 68C of the Education Act [Chapter 25:04] provides that no pupil / student in Zimbabwe is to be excluded from school on the basis of pregnancy. Thus, government and non – governmental schools cannot suspend students who fall pregnant whilst at school. Any policy which limits a pregnant learner’s fundamental right to basic education by requiring them to be excluded from school or to repeat up to an entire year of schooling has the negative effect of irretrievably altering the pupil’s future and may be regarded as unconstitutional. It may be useful for educators in Zimbabwe to heed the decision 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) para 115 wherein it was held that:

“Third, the policies prima facie violates learners’ rights to human dignity, privacy and bodily and psychological integrity by obliging them to report to the school authorities when they believe they are pregnant. In addition, all other learners are required to report to school authorities when they suspect that a fellow learner is pregnant. The policies thus have the effect of stigmatising pregnant learners for being pregnant and creating an atmosphere in which pregnant learners feel the need to hide their pregnancies rather than seek help from school authorities for medical, emotional and other support.”

Where a girl who is a pupil at a school becomes pregnant, the school head in terms of section 12 of the Education (General) Regulations, 2025 has an obligation to inform the parents of the girl as soon as possible if they are not already aware of the pregnancy. The school head also has a legal obligation to facilitate psycho-social support services to the girl and parent.

If the girl and her parents or legal guardians so wish, the pregnant girl shall be permitted to remain in school for as long as possible before the delivery of the child, and to return thereafter as soon as her health and the health of the child permit.