Fight for fairness: SECTION27 challenges withholding of matric results for 50 learners

SECTION27 has launched legal action in the Limpopo High Court on behalf of 50 former Baphutheng Senior Secondary School learners, challenging the withholding of their 2024 matric results after being found guilty of “group copying” in Business Studies Paper 1 and Economics Paper 2.

According to Patience Phiri, spokesperson for SECTION27, the decisions taken by the acting head of department and upheld by the MEC for Education in Limpopo have left the learners’ results withheld for more than a year, putting their education, job opportunities, and future plans on hold.

“The allegation against the learners is based solely on the fact that their examination answers were similar. The Limpopo Department of Education (LDoE) has not furnished any evidence of cheating or group copying.”

She added that no learner was found with unauthorised material, there was no evidence of communication or coordination during the exams, and invigilators confirmed that the examinations were conducted without any irregularities.

Phiri explained that what the department has labelled as “group copying” is in fact the result of teaching and learning methods adapted to the realities of an under-resourced school.

“What the Limpopo Department of Education has characterised as ‘group copying’ is, in truth, the foreseeable outcome of how teaching and learning occur at Baphutheng Senior Secondary School, an under-resourced public school with limited access to textbooks, no library, and learning support materials.

“In response to these constraints, educators employed creative and practical teaching methods to ensure learners could understand and retain complex content. These included structured oral learning, group recitation, and subject-based songs to memorise key concepts and essay frameworks.

''These methods were used openly and consistently throughout the academic year. This approach, confirmed by educators and the former principal, was designed to compensate for material shortages and also explains why learners produced similar, though not identical, responses during examinations.”

Phiri also criticised the disciplinary process, calling it fundamentally unfair. Learners were subjected to intimidating and coercive questioning, faced shifting accusations, and were denied a meaningful opportunity to respond. Attempts to submit corroborating evidence, including video recordings showing the teaching methods, were ignored. The appeal to the MEC simply endorsed the original findings without addressing the substance of the learners case.

She said the consequences have been severe. With their results withheld, learners have missed university application deadlines, lost job opportunities, and faced the stigma of being labelled as “cheaters.” Many have experienced significant emotional and psychological distress.

Phiri argued that this case highlights a systemic injustice, where learners from under-resourced schools are punished not for wrongdoing but for succeeding under challenging conditions. Achievement that does not align with the standards of privilege is met with suspicion rather than support, perpetuating inequality.

She added that through the judicial review, SECTION27 is seeking a court order to overturn the decisions of the Acting Head of Department and the MEC, to release the learners' NSC results, and to affirm that context-sensitive and innovative teaching approaches cannot be used to deny students their futures.

“We are asking the court to set aside these punitive decisions and ensure the learners’ results are released, recognising that their success should not be criminalised simply because it arose from context-specific learning methods,” said Phiri.

The Star

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