Court overturns ruling on withheld matric results in cheating scandal

In a significant legal decision, the Mpumalanga High Court has overturned a previous order requiring the Department of Basic Education to release the withheld matric results of pupils implicated in a major cheating scandal during the 2022 National Senior Certificate (NSC) examinations. This ruling comes as a blow to nearly 896 pupils whose results were deemed null and void following allegations of widespread cheating.

Initially, the Mpumalanga Education Department declared the results invalid after an investigation at the marking stage identified potential malpractice among the pupils. As a result, their results were withheld pending disciplinary hearings. However, the department allowed those who were sanctioned to rewrite their examinations after the sanctions had lapsed in March 2023. To date, 467 of those have successfully rewritten their examinations, with more expected to do so in the upcoming months.

Last year, a group of approximately 510 pupils sought judicial intervention, successfully persuading the court to compel the education authorities to release their results based on claims of procedural irregularities, and the alleged unfair group nature of the disciplinary hearings. The pupils argued that they were unable to continue their studies without an accurate reflection of their academic performance.

Yet, the recent appeal heard by Judge Takalani Ratshibvumo revealed that only 101 of the implicated pupils had pursued available internal appeal processes necessary before seeking judicial review. “None of the learners pursued the internal appeal processes to completion; therefore, the internal appeal process was not exhausted,” he stated in his judgment.

In his opening remarks, Judge Ratshibvumo emphasised the importance of the NSC examinations as a critical bridge to pupils’ futures in South Africa. He noted that education remains a vital asset, and ensuring the integrity of examinations is paramount. “The role played by the department in safeguarding this process cannot be overstated,” he added, highlighting the considerable contribution these pupils can make to society once their educational journeys are complete.

As the legal battle surrounding the 2022 examinations continues, the ruling serves as a reminder of the complexities within the education system and the importance of procedural fairness in disciplinary matters. The ramifications of this case could have lasting effects on the future of educational integrity and the rights of pupils who find themselves under investigation.

IOS