Judge Norman Davis found that the decision by the Department of Basic Education, to order a rewrite of two matric examination papers was unl...
Judge Norman Davis found that the decision by the Department of Basic Education, to order a rewrite of two matric examination papers was unlawful.
The High Court in Pretoria has reviewed and set aside a decision by the Department of Basic Education, to order a rewrite of two matric examination papers.
Delivering his judgement on Friday, 11 December 2020, Judge Norman Davis found there was no reason for the nearly 400 000 matric pupils to rewrite their exams and that the decision was unlawful and irregular.
“The decision announced by the Minister of Basic Education on 4 December 2020 that the Mathematics Paper II and Physical Sciences Paper II of the National Senior Certificate Examinations of 2020 should be rewritten on 15 and 17 December 2020 is hereby reviewed and set aside,” Davis said.
MATRIC REWRITE JUDGEMENT: DBE ORDERED TO PAY COURT COSTS
Davis also ordered the department to pay the costs of the applications.
“The first and second respondents are jointly and severally ordered to pay the costs of the applicants in all four urgent applications including the cost of senior and junior counsel, where so employed, including the costs of the amicus curiae,” his judgement further read.
Afriforum and the South African Democratic Teachers’ Union (Sadtu) had approached the courts seeking to challenge the decision to have Grade 12 pupils rewrite the second papers for Mathematics and Physical Sciences.
Minister Angie Motshekga announced that the papers would be re-written on the 15th and 17th December respectively. This is after the question papers were leaked in parts of the country.
There has been much opposition to the move and many have lashed out at the department, saying the extent of the leak does not warrant a rewrite. The department had argued that the move is necessary as it protects the integrity, credibility and validity of the exams.
Quality assurer Umalusi, also defendants in the matter, had said an investigation into the leak would take too long and that would affect the matric results, which are set to be released in February 2021.
The examination papers were leaked just a week apart. The department subsequently sprung into action, roping in the Hawks to investigate. The minister confirmed that authorities had made a breakthrough, arresting one person in connection with the paper leak.
The 31-year-old man Themba Daniel Shikwambana, works for a Johannesburg-based company contracted by the education department to print matric exam papers. Shikwambana has been released on bail and is expected back in the dock in January 2021.
Delivering his judgement on Friday, 11 December 2020, Judge Norman Davis found there was no reason for the nearly 400 000 matric pupils to rewrite their exams and that the decision was unlawful and irregular.
“The decision announced by the Minister of Basic Education on 4 December 2020 that the Mathematics Paper II and Physical Sciences Paper II of the National Senior Certificate Examinations of 2020 should be rewritten on 15 and 17 December 2020 is hereby reviewed and set aside,” Davis said.
MATRIC REWRITE JUDGEMENT: DBE ORDERED TO PAY COURT COSTS
Davis also ordered the department to pay the costs of the applications.
“The first and second respondents are jointly and severally ordered to pay the costs of the applicants in all four urgent applications including the cost of senior and junior counsel, where so employed, including the costs of the amicus curiae,” his judgement further read.
Afriforum and the South African Democratic Teachers’ Union (Sadtu) had approached the courts seeking to challenge the decision to have Grade 12 pupils rewrite the second papers for Mathematics and Physical Sciences.
Minister Angie Motshekga announced that the papers would be re-written on the 15th and 17th December respectively. This is after the question papers were leaked in parts of the country.
There has been much opposition to the move and many have lashed out at the department, saying the extent of the leak does not warrant a rewrite. The department had argued that the move is necessary as it protects the integrity, credibility and validity of the exams.
Quality assurer Umalusi, also defendants in the matter, had said an investigation into the leak would take too long and that would affect the matric results, which are set to be released in February 2021.
The examination papers were leaked just a week apart. The department subsequently sprung into action, roping in the Hawks to investigate. The minister confirmed that authorities had made a breakthrough, arresting one person in connection with the paper leak.
The 31-year-old man Themba Daniel Shikwambana, works for a Johannesburg-based company contracted by the education department to print matric exam papers. Shikwambana has been released on bail and is expected back in the dock in January 2021.
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