Draft Regulations on Learner Pregnancy Management Published for Comment

Posted 25 March 2026 Written by Acts Online
Category Education

Brought to you by SA Legal Academy: The Department of Basic Education has issued draft regulations for the management of learner pregnancy, establishing a uniform framework for schools to support pregnant learners while prohibiting discriminatory practices.

In terms of the Basic Education Laws Amendment Act, No. 32 of 2024, the Minister of Basic Education published a notice on 24 April 2026 in Government Gazette 54581 (Notice 7411), extending the period for public commentary on the draft regulations. Stakeholders now have until 24 May 2026 to submit written representations regarding the proposed management protocols.

The draft regulations seek to standardise the treatment of pregnant learners across all public and independent schools. Under the proposed framework, schools are strictly prohibited from:

  • Suspending, expelling, or taking any punitive action against a learner based solely on pregnancy or child-birth.
  • Excluding learners from school activities or leadership positions due to their pregnancy status.
  • Disclosing a learner’s pregnancy status to third parties without written consent, except where required by law.

Mandatory Compliance Requirements

Once finalised, the regulations will require School Governing Bodies (SGBs) to develop and implement formal pregnancy management policies. These policies must include provisions for:

  • The creation of a supportive environment that allows for the continuation of the learner’s education.
  • Reasonable accommodations for medical appointments and health-related absences.
  • Procedures for reintegrating learners into the school environment following maternity-related leave.
  • The designation of a staff member to act as a liaison for the pregnant learner to ensure academic and psychosocial support.

Click here to download the extension notice and draft regulations.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; however, education professionals must familiarise themselves with the shift from discretionary to regulated pregnancy management to avoid personal liability for unfair discrimination.
  • For your business: Legal practices and compliance firms serving the education sector must prepare to audit existing school codes of conduct and learner admission policies to ensure they do not contain clauses permitting the exclusion of pregnant learners.
  • For your clients: School Governing Bodies and school principals must draft, adopt, and display a formal Learner Pregnancy Management Policy that complies with the finalised regulations, ensuring all staff are trained on confidentiality requirements.

Originally published at https://legalacademy.co.za/news/read/learner-pregnancy-input-sought-on-draft-management-regulations

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