"The department did not answer in its papers to the learners’ challenge that the notices of the hearings were defective. If the notice was defective, and in this instance, all else further is tainted. To hold otherwise would offend the learners’ right to fair administrative action.
"However, what the learners must appreciate is that cheating does not pay. Because they have cheated, they have lost two years," said Roelefse.
The pupils' legal representative Adv Doctor "DJ" Sibuyi said his more than 300 clients intend to sue the department for damages.
"The learners have been vindicated and the judgment should serve as a lesson for the department to always follow procedure. We intend to sue for damages and time lost because had the department followed procedure, we would not find ourselves here," he said.
Speaking to Sowetan, one of the pupils, Jabulile Mabaso, 22, from Tlhavekisa High School in Bushbuckridge denied that she cheated in her exams.
"This matter has affected me a lot. I am home doing nothing, stressed and depressed and not knowing what to do at all. Now, I am better because justice has been served. I did not cheat and I was not part of anything."
Mabaso said when the results come out, she plans to study for an LLB.
Buhle Ngobeni, 20, also from Tlhavekisa, said she was "lucky" to have gone to university after the cheating scandal.
"I am in my second year, studying LLB at the University of Limpopo. I didn't get my results, but the system managed to get my results, so I managed to register but my biggest challenge is that they really want me to submit my actual matric certificate. I am ignoring emails asking me to submit my certificate," she said.
"I can't apply for bursaries because I don't have my matric certificate, but now that the court has ruled in our favour I can actually apply for bursaries. They [the department] have been holding us back."
Ngobeni also said she was not part of the WhatsApp group.
Umalusi's senior manager for communications Biki Lepota said they were still studying the judgment and would respond at a later stage.
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Court rules cheating pupils must get results
Education department disciplinary hearings were tainted –judge
Minors representing themselves without a legal guardian present, conducting disciplinary hearings in a group and proceedings not being recorded.
These are some of the flaws committed by the Mpumalanga department of education in disciplinary hearings against matric pupils accused of cheating during their 2022 exams. The cheating scandal led to the department withholding the results of more than 400 matriculants.
However, so grave was the department's bungling of disciplinary processes that on Monday the Mpumalanga high court reviewed and set aside the decision to nullify the pupils' examination results.
High court acting judge Johannes Roelofse said he had no doubt that the pupils cheated and deserved to be punished as they were. However, the procedural defects tainted the entire process, he said.
"They [pupils] were entitled to the prescribed procedure and fairness in the process of the department arriving at the decision. This did not happen."
He therefore ordered the results to be released.
On Wednesday, basic education spokesperson Elijah Mhlanga said the department's legal team was studying the judgment and its implications.
"In due course a detailed response will be provided. This matter is being treated as urgent," he said.
Allegations at the time were that pupils in several schools in Mpumalanga had paid teachers up to R1,500 to join WhatsApp groups on which answers for maths and physical science were posted while exams were in session.
Last year, the pupils' exam results were withheld and declared null by the provincial department of education because it had determined at the marking phase of the scripts and also through an investigation that the pupils had irregularities during the examinations.
However, the pupils hauled the department to court last year. They claimed among other things that the nullification letter did not inform them of their right to appeal the decision and that this violated their right in terms of the constitution to appeal an administrative decision.
"They [pupils] also said they were not given an opportunity to respond to the invitation to attend the irregularity hearing within 10 working days of being notified of the hearings."
The pupils alleged that they "received the written notification on February 22 2023 and that in terms of the notification, an irregularity hearing was scheduled for February 28 2023 and therefore, contrary to the stipulated 10 days’ notice period, we were given a mere 6 days. It is evident that we were not accorded the requisite 10-day notice to respond, resulting in procedural unfairness and a breach of regulations [sic]'."
The pupils also alleged that some of those who were under the age of 18 represented themselves instead of being represented by their parents or guardian.
"The department did not answer in its papers to the learners’ challenge that the notices of the hearings were defective. If the notice was defective, and in this instance, all else further is tainted. To hold otherwise would offend the learners’ right to fair administrative action.
"However, what the learners must appreciate is that cheating does not pay. Because they have cheated, they have lost two years," said Roelefse.
The pupils' legal representative Adv Doctor "DJ" Sibuyi said his more than 300 clients intend to sue the department for damages.
"The learners have been vindicated and the judgment should serve as a lesson for the department to always follow procedure. We intend to sue for damages and time lost because had the department followed procedure, we would not find ourselves here," he said.
Speaking to Sowetan, one of the pupils, Jabulile Mabaso, 22, from Tlhavekisa High School in Bushbuckridge denied that she cheated in her exams.
"This matter has affected me a lot. I am home doing nothing, stressed and depressed and not knowing what to do at all. Now, I am better because justice has been served. I did not cheat and I was not part of anything."
Mabaso said when the results come out, she plans to study for an LLB.
Buhle Ngobeni, 20, also from Tlhavekisa, said she was "lucky" to have gone to university after the cheating scandal.
"I am in my second year, studying LLB at the University of Limpopo. I didn't get my results, but the system managed to get my results, so I managed to register but my biggest challenge is that they really want me to submit my actual matric certificate. I am ignoring emails asking me to submit my certificate," she said.
"I can't apply for bursaries because I don't have my matric certificate, but now that the court has ruled in our favour I can actually apply for bursaries. They [the department] have been holding us back."
Ngobeni also said she was not part of the WhatsApp group.
Umalusi's senior manager for communications Biki Lepota said they were still studying the judgment and would respond at a later stage.
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