Sometime in 2005, through Government Notice No. 295 of 2002, the government of Tanzania enacted Regulations that, among other things, provided for mandatory pregnancy test for school girls and expulsion of pregnant girls from school; the Regulations were fashioned as the Education (Expulsion and Exclusion of Pupils from Schools) Regulations, GN No. 295 of 2002.

With the coming into power of the fifth phase government, discrimination and hostility against pregnant school girls escalated. The tone was set by the then president, His Excellency the late John Pombe Magufuli, when he was quoted on one occasion publicly saying “in my administration, as long as I am president … no pregnant student will be allowed to return to school. We cannot allow this immoral behavior to permeate our primary and secondary schools … never.” This was followed by a number of other uncalled-for acts by government officials making unpleasant statements as regards to the manner in which the fifth phase government would deal with pregnant school girls.

On 28th April 2020, Inclusive Development For Citizen and Center For Strategic Litigation Limited (CSL) filed a reference at the East African Court of Justice against the Attorney General of the United Republic of Tanzania (AG of Tanzania) on behalf of schoolgirls in Tanzania Mainland, arguing that mandatory pregnancy tests and expulsion of pregnant girls from school, under the Education (Expulsion and Exclusion of Pupils from Schools) Regulations, GN No. 295 of 2002, in particular, the Regulations 4(b), (c) and 7(b) violate Articles 6(d), 7(2), 8(1)(c), 27(1), 30(1), and 143 of the Treaty for the Establishment of the East African Community (EAC Treaty) which mainly require the member state to adhere to principles of good governance, the rule of law and protection of human rights.

The case is still pending at the East African Court of Justice waiting for the scheduling conference to be conducted.