The presiding officer of the court, judge Norman Davis, heard the applications simultaneously in the joint hearing.
Advocate Wisani Sibuyi for Sadtu argued that the point of who made the decision was relevant in court. He submitted that the wrong person made the decision on the rewrite.
Sibuyi said the decision, being taken by Umalusi, was a clear violation of the decision-making process.
“In the event of the leakage of a national examination question paper, the director-general of the Department of Education and the minister of education should decide on the most appropriate course of action,” he told the court.
He said the department’s decision was premature and that in an event of a leak, there must be a full investigation.
Sibuyi said in this matter, the department decided not to proceed with investigations, fuelling the union's belief that the decision must be set aside
In addition, Sibuyi said, the union is of the opinion that the leaks in 2016 were on a larger scale than this year, but there was no rewrite ordered then.
“They need to be consistent,” he told the court.