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Department of Basic Education and Umalusi suffer blows after losing a court case where quality assurance body Umalusi demanded a rewrite for mathematics and physical sciences paper for grade 12 learners.
This followed leakage of the said two papers prior to them being written and it was also discovered that some learners in some provinces had access to the papers before hand.
South African Democratic Teachers Union (Sadtu) and lobby group AfriForum dragged the matter to court against the rewrite of the papers saying it would be unfair to certain learners who had no prior access to the papers and rewrite would also affect them mentally considering the tough conditions they have been through this year amid Covid-19 lockdown.
The Pretoria High Court ruled in favour of the union and lobby group and said the decision by the department is irregular and unlawful.
Presiding over the case Judge Norman Davis said the decision should reviewed and set aside.
“I therefore conclude that the decision to have the Math II and Physical Science II papers of the National Senior Certificate examination of 2020 rewritten was irregular and unlawful and should be reviewed and set aside.
“I further conclude that the learners have a right to have their exam papers marked in terms of regulation 45, which provide for such right, irrespective of whatever proposal or certifications may be made by Umalusi,” he said.
Investigations found that the leak circulated through WhatsApp, and Umalusi said it was impossible to determine the extent of the leak.