Four pregnant women (“Applicants”) were suspended from pursuing their studies and writing their final examinations, pursuant to Regulation 13(2) of the Teachers’ Training College. This regulation suspends female students who have become pregnant during an academic year. The regulation was promulgated pursuant to Section 10(1) of the Bophuthatswana National Education Act 2 of 1979. Applicants challenged the regulation as inconsistent with the right to equality established in Section 9 of the South African Constitution (“Constitution”).
The Court determined whether Regulation 13(2), which suspends pregnant women from pursuing their studies, violates Section 9 of the Constitution.
The Court noted that the constitutional right of equality applies not merely to matters before a court of law, but also to any law or regulation promulgated by the state. However, the Court noted that the right of equality is not absolute, and the law may discriminate on various grounds to achieve legitimate objectives, provided the discrimination is based on “reasonableness” and “rationality.” The Court reasoned that in the present case, no legitimate objective is achieved by prohibiting pregnant women from continuing their studies. Therefore, there is no correlation between a legitimate objective or the purposes of the regulation, and its discriminatory effects. The Court thus held that Regulation 13(2) violates Section 9 of the Constitution.