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The South African Democratic Teachers Union and the organisation Afriforum welcomed Friday’s judgment setting aside the decision by the Department of Education that matrics rewrite two leaked examination papers.
In his ruling on Friday, North Gauteng High Court Judge, Norman Davis, said the decision was unlawful, irregular and should be reviewed and set aside.
“I further conclude that the learners have a right to have their exam papers marked in terms of regulation 45, which provides for such right, irrespective of whatever proposal or certifications may be made by Umalusi, now or in the future.”
The decision that learners rewrite the Maths ll and Physical Science ll was taken after the quality assurance body Umalusi said it would not be able to certify the exams due to the leak.
Judge Davis also ordered the Department to ensure that the examination scripts of those learners “who have not been found to have been involved in irregularities” be marked in accordance with the Department’s management plan.
Sadtu said the decision to order the rewrite was unfair as only a handful of learners had access to the leaked papers, among reasons.
Afriforum, which also filed papers, said the ruling was not only a victory for almost 400 000 matriculants who would have been disadvantaged by Minister Motshega’s decision, but also as a victory against the Department’s unfair, arbitrary and one-sided decision in this regard.
“We urge the Department to now focus on arresting the guilty parties to ensure that the integrity of the exams is beyond reproach,” said Afriforum’s advisor on Education Rights, Natasha Venter.
She said they also want to know what steps the Department would put in place prevent similar transgressions in the future.
