- Fifty former matric learners from Baphutheng Senior Secondary School have launched a court challenge against findings of “group copying” during the 2024 NSC exams.
- Their results have been withheld for over a year despite no evidence of cheating, unauthorised material, or exam irregularities.
- The case raises concerns about fairness, evidence, and how poverty-shaped teaching methods are treated in public schools.
Learners at Baphutheng Senior Secondary School in Limpopo, represented by SECTION27, have taken the Department of Education to court after their matric results were withheld for over a year, not because of proven misconduct, but because their exam answers were deemed “too similar.”
In the absence of basic resources like textbooks and a library, these 50 learners relied on group recitation, oral lessons, and subject-based songs to memorise content, a strategy openly practised at their under-resourced school.
Now, their future hangs in the balance, with SECTION27 challenging the findings in the Polokwane High Court, arguing that poverty-driven teaching methods are being unfairly punished as cheating.
Teaching methods, not cheating
The application explains that the similarities in learners’ responses are directly linked to how teaching and learning occur at Baphutheng Senior Secondary School, an under-resourced public school with limited access to textbooks, no library, and minimal learning support materials.
To address these constraints, educators relied on structured oral learning, group recitation, and subject-based songs to assist learners in memorising key concepts and essay frameworks.
These methods were used openly throughout the academic year. Learners practised together in classrooms and on school grounds, reciting and singing content as part of their preparation.
“These methods were designed to compensate for material shortages and to support comprehension and recall,” SECTION27 says. “This context explains why learners produced similar, though not identical, answers, and treating such outcomes as misconduct punishes learners for methods necessitated by poverty and resource scarcity.”
No evidence of cheating or coordination
The allegation against the learners is based solely on the fact that their examination answers were similar. SECTION27 elaborated: “The Limpopo Department of Education has not furnished any evidence of cheating or group copying.
“Furthermore, no learner was found in possession of notes or unauthorised material, and there was no evidence of communication or coordination observed in the examination venues. The invigilators also confirmed that there were ‘no irregularities at any stage of the examinations’.”
SECTION27 argues that the allegation rests on “nothing more than similarity of answers,” without corroborating evidence of cheating or group copying.
Disciplinary process under scrutiny
The organisation says the disciplinary process that followed was fundamentally unfair. “Learners were subjected to intimidating and coercive questioning, confronted with shifting accusations, and denied a meaningful opportunity to respond. Their explanations were not properly interrogated or tested.”
According to SECTION27, attempts to submit corroborating evidence, including video recordings demonstrating the teaching and learning methods used at the school, were disregarded. The appeal to the MEC failed to address these defects and merely endorsed the original findings without engaging with the substance of the learners’ case.
Lives placed on hold
By withholding their results, authorities have excluded these learners from further study and employment opportunities. University application cycles have passed, job prospects have been lost, and the stigma of being labelled “cheaters” has followed them in their communities. For many, the emotional and psychological impact has been profound.
“This case exposes a systemic injustice in the education system,” SECTION27 says. “Learners from under-resourced schools are punished not for misconduct, but for succeeding through methods shaped by poverty and necessity. When achievement does not conform to the norms of privilege, it is met with suspicion rather than support.”
Court challenge
Through this application, SECTION27 seeks an order reviewing and setting aside the decisions of the Acting Head of Department and the MEC, directing that the learners’ National Senior Certificate results be released.
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