- The learners faced accusations of group copying in Business Studies Paper 1 and Economics Paper 2 after examiners noticed similarities in their answers.
- The High Court in Polokwane found that the Limpopo Department of Education had not provided enough evidence to prove the learners committed any examination irregularities.
- The court ordered the department to release full statements of results within five days and to issue the National Senior Certificates within 30 days.
Former matric learners from Baphutheng Senior Secondary School have now been cleared of any wrongdoing after the High Court in Polokwane ruled that the Limpopo Department of Education had failed to prove they cheated.
These learners spent nearly two years without their National Senior Certificates. The similarities in their answers to Business Studies Paper 1 and Economics Paper 2 had been used as the main evidence against them.
The learners always denied cheating. They explained that their school had very limited resources, with few textbooks and learning materials. Teachers used creative methods like singing, group repetition and recitation to help students memorise concepts and essay structures.
There was no direct evidence that anyone copied during the exams. Investigators did not interview the teachers, invigilators or the school principal about the similarities in the learners’ answers.
Despite this, the Limpopo Department of Education made serious accusations against the learners, mostly relying on the similarities between their exam scripts.
Court finds process was unlawful
On 1 October 2026, the court handed down an order overturning the findings against the learners. Written reasons for the decision will follow. The court found that the department had not shown the learners committed any kind of examination irregularity.
The court also set aside the former acting head of department’s decision to adopt the disciplinary findings, as well as the MEC’s decision to dismiss the learners’ appeal. It also noted that the former acting head of department had communicated findings against the learners even though the proper body, which is legally required to make that decision and recommendation, had not done so.
The learners were found guilty through a process the court called irregular and unlawful. SECTION27, which welcomed the court order, said the department’s handling of the case had caused trauma and wasted two years of the learners’ lives.
Under-resourced school at centre of dispute
The case also put a spotlight on the tough conditions these learners faced at school. SECTION27 pointed out that the students came from a deeply under-resourced school, where poverty and inequality affected their access to education and learning materials.
The organisation said teaching methods developed in response to these challenges should not be used as a reason to punish learners for the inequalities they already face. The similarities in the learners’ scripts were treated as evidence of cheating, even though no one properly considered the teaching methods used at the school or gathered evidence from teachers and other people involved in the exams.
Results and certificates must be released
The court has now ordered the Limpopo Department of Education to give the learners full, unredacted statements of results within five days. These statements must not have any notes or hints suggesting examination irregularities.
The department must also issue the learners’ official National Senior Certificates within 30 days, and these must not carry any negative endorsements. SECTION27 said this order matters because learners should not face abuse of power or discrimination from a system that is supposed to protect their rights to education.
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