The new public protector says she will leave the dispute over the state capture report prepared by h.
The future of pupils captured on cellphone video footage having steamy sex in a toilet at the Tongaat Secondary School remains uncertain.
The pupils have been suspended after teachers found out about the video, which was being circulated among pupils.
More than three weeks after the school discovered the video and suspended the two "lovebirds", the tribunal set up to deal with the issue has not yet taken a decision.
The suspended pupils say they are worried about their future after losing almost a month of schooling.
But pupils at the school say having sex in the toilets is common, though this was the first time the culprits were caught red-handed and action taken.
The department of Education yesterday said it was represented in the tribunal, which it said was trying to finalise the case.
Education spokesman Mbali Thusi said she could not at this stage reveal the recommendations the school governing body and department have tabled at the tribunal.
She said whatever decision the tribunal took would not affect learning.
The girl has allegedly been transferred to another school while the boy was reinstated.
The South African Democratic Teachers Union (Sadtu) in the province has condemned the school for the delay in making a decision. It said the matter affected learning.
Sadtu's Sipho Nkosi said suspending the pupils would cause them to join the large number of youngsters who are roaming the streets with nothing to do.
The province parents association spokesman Fayed Rajack said the tribunal should be given enough time to deliberate on the matter.
That way it will arrive at the proper decision without being rushed.