THE departments of basic education and health have contradicting opinions on the distribution of condoms at schools as part of a school health programme.

The soon-to-be-launched Integrated School Health Programme, aimed at the country's 12-million pupils, could hit legal snags given that the law prohibits sexual intercourse between children under the age of 16 years.

Initiated by the departments of basic education and health, the plan provides a basket of services including HIV counselling and testing, education on sexual and reproductive health, and the provision of condoms.

There seems to be confusion on how the programme will be rolled out in schools, especially with regards to sex education.

Announcing the programme, Health Minister Aaron Motsoaledi told the Sunday Times that HIV testing would be made available, but pupils would not be forced to take the test.

Asked if condoms would be made available to pupils, Motsoaledi was quoted as saying: "Of course. Why not? If people come to a health service facility, we can't say, 'You are a student and we can't offer it'."

But Department of Basic Education spokesman Panyaza Lesufi said there cannot be condoms in schools: "We have children in our schools. Sexual consent is above 16 and we cannot encourage them to break the law.

"We won't have condoms in the classrooms, but we will tell them where to go if they want information."

Lesufi said the programme was more about wellbeing than sexual education.

"Sex education will continue in Life Orientation. With this programme, it will not only be about physical checks, but also psychological ones. We will be looking for children who have been abused and we will get them in touch with law enforcement agents."

Motsoaledi's spokesman Joe Maila said the programme would encompass "all forms of prevention. We just want to ensure that all health mishaps are prevented - from pregnancy to HIV/Aids and abortions.

"As you know, last year there were approximately 77000 abortions in our facilities from unwanted pregnancies."

Maila said President Jacob Zuma would announce the plans when he launches the programme next Thursday.

An attorney at the University of Pretoria-based Centre for Child Law, Carina du Toit, said her organisation welcomed any initiative aimed at providing sexual education at schools.

But she raised a concern about how pupils under 16 years would be engaged on their sexuality because "they could be incriminating themselves if they admit they are having sex".

Another concern was raised by the Teddy Bear Clinic, an organisation that provides support for abused children.

Dr Shaheda Omar of the organisation said while welcoming the initiative, they were concerned about whether it would be effectively implemented.

This article was first published in the printed newspaper on 4 October 2012