The Limpopo High Court in Polokwane has overturned exam-irregularity findings against 50 former Baphutheng Senior Secondary School matrics and ordered the release of their results and certificates — nearly two years after the pupils were branded cheats over similarities in their answer scripts.

Acting Judge Masilo handed down the order on 1 October, finding that the Limpopo Department of Education (LDoE) had failed to establish that the learners committed any form of examination irregularity.

The court reviewed and set aside the department’s disciplinary findings, the former acting head of department’s decision to adopt those findings, and the MEC’s decision dismissing the learners’ appeal.

Human rights organisation SECTION27, which represented the learners, welcomed the ruling.

“Cheaters” for almost two years

“For almost two years, these learners have lived under the label of “cheaters” because similarities in their Business Studies Paper 1 and Economics Paper 2 answers were treated as proof of group copying.

The learners consistently denied cheating and explained that they were taught in an under-resourced school with limited access to textbooks and other learning materials, where educators relied on creative teaching methods such as singing, group repetition and recitation to help learners memorise concepts and essay structures,” the organisatino said in a statement to the media.

“There was no direct evidence of copying during the examinations, and the educators, invigilators and the school principal were not questioned about the similarities. Despite this, the LDoE made serious findings against the learners largely on the basis of similarities in their examination scripts.”

Unlawful process

The court found that the former acting head of department communicated findings against the learners even though the body legally required to make the relevant decision and recommendation had not yet done so. The learners were therefore found guilty through an irregular and unlawful process.

SECTION27 said the department’s incompetence had resulted in trauma for the learners, “wasting two years of their lives that they will never get back”.

The court directed the LDoE to provide the learners with complete, unredacted statements of results — free from any annotation or suggestion of examination irregularities — within five days.

Their formal National Senior Certificates must be issued, without any adverse endorsement, within 30 days.

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SECTION27 said the order was particularly important because the learners come from a deeply under-resourced school where poverty and inequality shape the conditions in which they are expected to learn.

“Teaching methods developed in response to inequality should never become another way of punishing learners for the inequality they already endure,” the organisation said.

“Learners in South Africa should never be subjected to such abuse of power and discrimination by a system meant to protect them.”

• SECTION27 is a human rights organisation that seeks to achieve substantive equality and social justice in South Africa. Guided by the principles and values in the Constitution, SECTION27 uses law, advocacy, legal literacy, research and community mobilisation to advance socio-economic rights, in particular the right to access health care services and the right to basic education as guaranteed in section 27 and section 29 of the Constitution of the Republic of South Africa respectively.

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