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More than 300 learners in Mpumalanga continue to await their 2022 matric results amid an ongoing legal battle after the Department of Basic Education accused over 900 students of cheating during the exams. Recently, Judge Johannes Roelofse of the Mbombela High Court granted the department leave to appeal his earlier judgment, which had ordered the release of the results for the 300 students who had legally challenged the withholding.
The dispute started when the department withheld results from over 900 learners, alleging irregularities in the exam process. Out of those, around 300 students, represented mainly by Advocate DJ Sibuyi of Mthunzi Law Chambers and Ephraim Khambako, took legal action. In a ruling earlier this year, Judge Roelofse directed the department to release the withheld results, which briefly relieved the affected students. However, this relief was cut short when the department successfully applied for leave to appeal the ruling on October 3.
During the latest court proceedings, Advocate Sibuyi argued that the department failed to submit proper records for its appeal, providing only transcripts instead. He accused the department of employing delaying tactics that jeopardise the future of the learners, who have been unable to register for higher education for nearly two years.
While Sibuyi and Khambako plan to oppose the department’s appeal, Khambako expressed disappointment over the court’s decision to grant leave to appeal, emphasising their commitment to continue fighting for the learners’ rights. Parents of the affected students are also frustrated, with one parent suggesting that the case might eventually reach the Constitutional Court if unresolved.
The Department of Basic Education, through its spokesperson Jasper Zwane, has yet to provide comments on the latest developments.
