Expulsions, therefore, are at the discretion of the school and cannot be said to be mandated by
the government. Instead, the question is whether school-specific decisions to expel a student
for pregnancy are authorized under the aforementioned grounds. The absence of a specific
mention of pregnancy in these regulations strongly indicates that they are not intended to
authorize expulsion on this basis.
An analysis of the text of these provisions further suggests that they do not provide authorization
for expulsion on grounds of pregnancy. For example, some have interpreted the "persistent
and deliberate misbehaviour" grounds in subsection (a) to authorize expulsion on the basis
of pregnancy. However, it is not clear how pregnancy alone would be evidence of "persistent
and deliberate misbehaviour." Even if the "misbehaviour" at issue is the act of having sex, this
act need not be persistent or deliberate to result in pregnancy. As evidenced by adolescents
interviewed for this report, pregnancy can result from a single sexual encounter or from violent
and nonconsensual sex, or both. Justifying the expulsion of all pregnant adolescents on this
regulatory ground, therefore, is without foundation.
Others have suggested that expulsion on the basis of pregnancy is authorized under subsection
(b) because adolescent sexual activity, of which pregnancy is unmistakable evidence, is a
criminal offence-specifically, an "offence against morality." However, chapter XV of Tanzania's
Penal Code, which sets out all offences against morality, does not list female adolescent sexual
activity as an offence. In fact, under the Penal Code, a female minor is not criminally liable for
any sexual activity or sexual intercourse that she engages in prior to turning 18.221 Further, the
status of "being pregnant" is certainly not a criminal offence under this section. As a result,
justifying the expulsion of pregnant students on this ground is unfounded.
In addition to expounding on grounds for expulsion, the regulations address the circumstances
warranting exclusion from school. They specify that a student "may" be excluded, or refused
admission or readmission to school,222 where "the delay in the pupil reporting for admission to
the school is inexcusable" or "the physical or mental health of the pupil is such as to make it
undesirable for the pupil to be admitted to the school."223 These are the only two grounds for
exclusion specified in the regulations.
Again, the use of the word "may" must be understood as deliberate and as conferring discretion
on the school committees and school boards. Further, the regulations do not define the
circumstances in which it would be "undesirable" for a student to matriculate. It is thus up to
these bodies to determine the health grounds on which students might be excluded. However,
excluding female students on the basis of pregnancy is in clear violation of Tanzania's legal
obligations prohibiting discrimination and promoting the best interests of the child.224
Finally, the regulations state that a head of school is permitted to make recommendations to
school committees and boards regarding the expulsion or exclusion of a student. Where the
school head chooses to do so, "such recommendation shall be contained in a written report
setting out the full circumstances in which the recommendation is made and the report shall
be accompanied by a copy of all relevant extracts from the record" concerning the student's
physical or mental health.225 These bodies may then either accept or reject the head of school's
recommendation.226