The Head of Department: Department of Education, Free State Province v Welkom High School and Harmony High School

The governing bodies of Welkom High School and Harmony High School adopted pregnancy policies regulating learner pregnancy in terms of the South African Schools Act 84 of 1996. In both cases, pregnant learners were required, under these policies, to take a leave of absence from school. The Head of Department (HOD) for Education in the Free State issued directives instructing the school principals to disregard the governing bodies’ pregnancy policies and to re‑admit the learners immediately. The schools and their governing bodies challenged the HOD’s authority to issue such instructions, contending that governance matters, including codes of conduct, fall within the exclusive competence of school governing bodies.

Both appeals were dismissed with costs. The High Court order was amended to interdict the HOD from directing principals to act contrary to the governing bodies’ pregnancy policies for as long as those policies remain in force, and to confirm the affected learners’ entitlement to attend school, remain in their grades, and be taught and examined.

The case is a leading authority on the division of powers between provincial education authorities and school governing bodies. It affirms the Oudekraal principle that even invalid administrative acts have legal effect until set aside and reinforces the constitutional principle of legality by prohibiting self‑help by state officials. It is central to South African administrative law and education governance jurisprudence.