The Mpumalanga high court has ruled against 519 pupils who took the department of education to court over 2022 matric results that were withheld after allegations of mass cheating.This appeal application, brought forward by the department, ruled that most of the affected learners never exhausted the internal appeal process, leaving their results sealed and their challenge dismissed before the merits were even tested.In August 2024, the high court ruled in favour of the pupils, that the department’s 2022 decision was unlawful and ordered the release of the results, but the department appealed.None of the learners acknowledged in their papers that internal remedies had not been exhausted, and none sought exemption from exhausting the internal remedies.— Takalani Ratshibvumo, Deputy Judge PresidentDeputy Judge President Takalani Ratshibvumo said some learners made an “attempted appeal”Some people took no action, others sent a letter to the government in May 2023. “None of the learners acknowledged in their papers that internal remedies had not been exhausted, and none sought exemption from exhausting the internal remedies,” He said.He also added that it seemed like the students had a plan to not seek any remedial help at all.“The modus operandi of the respective learners was evidently clear that they sought the immediate release of the results, and they had no intention of exhausting the internal processes afforded to them in the relevant regulations,” he said.Ratshibvumo said to maintain the integrity of SA’s crucial matric exam, irregularities must be carefully identified and eliminated.“Equally important is the duty to see to it that every matriculant is treated fairly and not painted with the same brush used for the transgressors. This would also apply to irregularities in disciplinary processes, appeals and/or review applications….the internal remedies available to the respondents have not been exhausted, the appeal stands to be upheld,” he said.The pupil’s lawyer, Adv Doctor Sibuyi, was extremely disappointed with the outcome.“I respect the court’s decision, but we did achieve our first success in court. They maintained that outcome during their second success on appeal. Naturally, we will continue moving forward and are currently preparing our documents for the Constitutional Court,” Sibuyi stated that the state had delayed the case, despite the fact that they filed the appeal.“We are very disappointed because when the appeal was filed, it was supposed to be prosecuted promptly. However, the state did not take action for nearly two years. We are the ones who have worked hard to push this case forward for appeal. “The approach taken by the state in their appeal has been consistently cumbersome; they have not been willing to assist or adequately prepare their case,” He added that some students’ lives have been stopped, and others could be expelled from university.“The impact on the students is significant. Some students, who are currently in universities, used their statements to gain admission. Many of them have been enrolled for three years now. The universities have begun their own research processes, meaning they allow a certain period for students, after which they require official certificates. They can no longer accept statements as valid documentation,” He said. Sibuyi said that the department had erred in not releasing the certificate’s results, but just the result of one subject.“The regulations are clear. They state that if a student has written a subject and you suspect that they cheated on one subject, you can only withhold the result for that one subject. You cannot withhold the entire certificate, and the department is not following its own regulations. The court should have taken this into consideration,” He explained. He explained. Sowetan
2025-11-21 04:00:01
Education dept wins appeal in ‘cheating’ matric results case
