The Student Representative Council of the Molepolole College of Education filed a claim against the Attorney General as representative of the Principal of the Molepolole College of Education and the Permanent Secretary in the Ministry of Education (“Respondents”) on behalf of students affected by regulations of the Teacher’s Training College. Specifically, the Council challenged Regulation 6 of the Teacher’s Training College which demanded that students inform the college authorities as soon as a pregnancy was confirmed. According to the regulation, students who became pregnant between December and April would be forced to leave the college immediately, due to the academic year schedule, and those whose pregnancy was confirmed between May and November would required to miss the next academic year. If a student became pregnant for the second time while at college, the institution had the right to expel her. 

Appellant argued that Regulation 6 violates Section 15(3) of the Botswana Constitution, which prohibits sex-based discrimination.