Judicial review launched for Limpopo learners accused of group copying in matric exams

In a dramatic turn of events that highlights the struggles faced by under-resourced schools in South Africa, SECTION27 has initiated a judicial review application in the Limpopo Division of the High Court in Polokwane.

The case centres on 50 former matric learners from Baphutheng Senior Secondary School, who are challenging the controversial decisions that branded them as “cheaters” during their final 2024 National Senior Certificate (NSC) examinations.

The allegations stem from the learners’ similar answers on key subjects—Business Studies Paper 1 and Economics Paper 2. Their final results have been withheld for over a year, a situation that threatens their education, employment prospects, and, ultimately, their futures. The decisions leading to this outcome were made by the Acting Head of Department and upheld by the MEC for Education in Limpopo, yet they lack substantial evidence of misconduct.

Crucially, the Limpopo Department of Education (LDoE) has not produced any concrete proof of cheating or coordination among the learners. None were found with unauthorised materials, nor was any communication observed during the examinations. In fact, the invigilators confirmed the absence of any irregularities, raising serious questions about the legitimacy of the accusations.

The context is vital. Baphutheng Senior Secondary School is emblematic of the broader challenges within South Africa’s education system: severely under-resourced, with limited access to textbooks, a lack of library facilities, and insufficient learning materials. In response to these deficiencies, teachers employed inventive and communal teaching methods aimed at helping students understand and retain complex information.

Practices included structured oral learning, group recitation, and the incorporation of subject-focused songs to aid memory recall—all of which have been transparently utilised throughout the academic year.

This collaborative approach is not evidence of wrongdoing but rather a testament to resourcefulness in an environment where traditional methods have failed. This was reaffirmed by the school's educators, who contended that the similar but not identical answers produced by students were a natural byproduct of their learning environment.

The disciplinary actions taken against these learners, however, starkly contrast with the innovative methods employed in their education. They were subjected to coercive questioning and denied the opportunity to adequately respond or provide context to their circumstances.

Despite attempts to submit corroborating evidence, such as video recordings illustrating their teaching methodologies, these were dismissed. The subsequent appeal to the MEC did little to address these glaring procedural inconsistencies, instead endorsing the original unfounded verdicts.

The ramifications have been severe. The ongoing withholding of results means these learners have been effectively barred from furthering their education or entering the job market. Many have missed crucial university application cycles, lost employment opportunities, and face the stigma of being publicly labelled as “cheaters” within their communities. The psychological and emotional toll on these young individuals has been nothing short of devastating.

This case underscores a deeper systemic injustice in the South African education landscape. Learners from schools like Baphutheng are not being punished for genuine misconduct; rather, they are facing consequences for their academic successes shaped by necessity and limited resources.

When their achievements do not conform to the expectations set by prevailing standards of privilege, they are met with suspicion, further entrenching inequality in the education system.

Through this judicial review application, SECTION27 aims to secure an order that not only reviews and nullifies the previous decisions made by the Acting Head of Department and the MEC but also directs the immediate release of the learners’ NSC results.