. The report reflects the challenges (e.g. teacher absenteeism) and achievements in the education sector. However the report does not elaborate on the infrastructure, the 'mud schools' settlement committed the Department of Basic Education to spending R8.2 billion over 3 years (this could be cited at par 278 on p 68). . In terms of norms and standards, it was noted that the Minister for Basic Education has the power to set these as in the case of infrastructure. However, no norms and standards have been issued for admission with respect to capacity size of classes and teacher pupil ratio. This is problematic as the honours lies then school governing bodies (SGB) to determine that which has lead to a court case namely the case dealing with Rivonia Primary School. . Furthermore, in terms of learner pregnancy policy, the lack of a national policy has led to SGBs setting their own policy even though the 'measures' that were issued by Minister of Basic Education the practice remains inconsistent in dealing with these learners. The Welkom and Harmony High Schools cases are testament to this. Moreover, the constitutionality of learner pregnancy policy is under the spotlight in Constitutional Court at present.