Public interest law organisation SECTION27 has launched a judicial review application in the Limpopo Division of the High Court in Polokwane on behalf of 50 former matric learners who were accused of “group copying” during their 2024 National Senior Certificate (NSC) examinations.
In a statement issued on Tuesday, SECTION27 said the application challenges decisions taken by the Acting Head of Department in the Limpopo Department of Education and later upheld by the provincial MEC for Education. The decisions found the learners from Baphutheng Senior Secondary School guilty of group copying in Business Studies Paper 1 and Economics Paper 2.
As a result, the learners’ results have been withheld for more than a year, effectively placing their education and employment prospects on hold.
“The allegation against the learners is based solely on the similarity of their examination answers,” SECTION27 said. “No evidence of cheating or group copying has been provided.”
According to SECTION27, the Limpopo Department of Education failed to produce any proof that learners communicated during the examinations or were in possession of unauthorised materials. Invigilators at the examination centres also confirmed that no irregularities were observed at any stage of the exams.
The organisation argues that what the department labelled as “group copying” is, in fact, a predictable outcome of the teaching and learning environment at Baphutheng Senior Secondary School, an under-resourced public school with limited textbooks, no library and inadequate learning support materials.
To compensate for these challenges, educators adopted alternative teaching methods, including structured oral learning, group recitation and subject-based songs to help learners memorise key concepts and essay frameworks. These methods were used openly throughout the year and formed part of the school’s standard approach to learning.
“Learners practised together in classrooms and on school grounds, reciting and singing content as part of their preparation,” SECTION27 said. “This explains why their answers were similar, though not identical.”
SECTION27 also raised serious concerns about the disciplinary process followed by the department, describing it as fundamentally unfair. The learners were allegedly subjected to intimidating and coercive questioning, faced shifting accusations and were denied a meaningful opportunity to respond to the allegations.
“Their explanations were not properly interrogated or tested,” the organisation said. “Corroborating evidence, including video recordings demonstrating the teaching methods used at the school, was disregarded.”
The appeal to the MEC for Education, SECTION27 added, failed to correct these defects and simply endorsed the original findings without engaging with the substance of the learners’ case.
The consequences for the affected learners have been severe. With their results withheld, they have been unable to apply for university or secure employment, while the stigma of being labelled “cheaters” has followed them in their communities.
“University application cycles have passed, job opportunities have been lost, and the emotional and psychological impact has been profound,” SECTION27 said.
The organisation said the case highlights broader systemic inequalities in the education system, where learners from under-resourced schools are penalised for succeeding through context-driven and innovative methods.
Through the court application, SECTION27 is seeking an order setting aside the decisions of the Acting Head of Department and the MEC, directing the immediate release of the learners’ NSC results.
