The new public protector says she will leave the dispute over the state capture report prepared by h.
The pupils who were caught on a cellphone video having sex in a school toilet have been transferred to separate schools in the same area.
Police investigations now centre on the person who made the video, according to education officials.
Education department spokesman Mbali Thusi yesterday said the recommendations of an internal disciplinary hearing were that both pupils be "transferred" to other schools to allow them to continue with their studies without being interrupted .
The pupils were initially suspended for about a month after their teachers found the cellphone.
A tribunal comprising the school governing body, staff and department officials was set up to make a decision.
Thusi said the boy - a Grade 12 learner - will be able to write his examinations and that officials in the exam section have been briefed about the case.
"The exam section will do everything possible to ensure that he does not have any problems with the examinations," Thusi said.
He said the police were investigating who filmed the pupils and also who circulated the video at the school.
School security guards have also been instructed to keep a close eye on pupils spending too much time in the toilets.
Sadtu spokesman Sipho Nkosi said the union was unhappy with the tribunal's lenient decision.
"We see the transfer as another way of kicking the two out politely," Nkosi said.
"What the two pupils did was very wrong."