Former students challenge education department's decision to overturn court ruling
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Former students challenge education department's decision to overturn court ruling

Fifty graduates of Baphutheng secondary school in Limpopo face new uncertainty after the Department of Basic Education decided to challenge a court ruling that acquitted them of cheating allegations during exams.

The results of these students for the 2024 certification were withheld after they were accused of 'group cheating' on the 'Business Studies' (Paper 1) and 'Economics' (Paper 2) exams. They spent nearly two years in limbo while these accusations hung over them.

On October 1, the High Court of Limpopo overturned the findings against the students and ordered the provincial education department to publish their academic records within five days and issue National Senior Certificate certificates within 30 days.

However, this ruling has not brought the relief the students hoped for. The organization SECTION27, which represented the students, reported that the Limpopo Department of Education notified it on October 8 of its intention to appeal and submitted an application for leave to appeal. This organization emphasized that such notification suspends the effect of the court ruling.

SECTION27 clarified: 'The court ruling was issued on October 1, and the Limpopo Department of Education was supposed to publish the students' results within 5 days, a deadline that expired on October 8, 2026. On that day, the department informed us that they would appeal and submitted their Application for Leave to Appeal. Such notification suspends the effect of the court ruling.'

For its part, the department stated that it awaits written justifications from the court before making a decision on further action. Lukhangwe Vangka, spokesperson for the Minister of Basic Education, noted that the department has not yet received these justifications.

Vangka added: 'The Department of Basic Education is waiting for these justifications so that we can make an informed decision on the next steps. We are still awaiting the reasons for the decision; they will be reviewed and coordinated with lawyers.'

SECTION27 acknowledged the department's right to appeal but expressed disappointment with the decision. The organization warned that the legal process will further delay the students' chances of continuing their education, finding employment, or starting a career. SECTION27 stated that it will apply under section 18(3) of the High Court Act to enforce the court ruling while the appeal process continues.

The organization noted that the students remain at home without any engagement or prospects for moving forward. It was mentioned that many of them come from poor areas and depend on social support from grandparents or child maintenance payments received for younger siblings. Furthermore, the organization reported that they are suffering from psychological trauma, and further delays will exacerbate their difficulties, causing feelings of 'hopelessness and despair.'

The dispute began over the similarity of the students' answers on the exam, which was deemed evidence of group cheating. The students denied the fraud, claiming that the answers reflected teaching methods in their underprivileged school. SECTION27 explained that teachers used group repetition, rote learning, and thematic songs to help students memorize concepts and essay structures because the school had limited textbooks and other learning materials. The organization insisted that no direct evidence of cheating was presented, and examiners did not report any violations during the exams.

In its ruling, the court overturned the disciplinary findings against the students, as well as the decisions of the former acting head of the department and the provincial minister of education that confirmed them. The court ruled that the students' results and certificates must be issued without any notations indicating examination misconduct.

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