The High Court in the Eastern Cape, in Mthatha, has dismissed the application by parents of learners at Cibeni Senior Secondary in Port St Johns to force the Education Department to release last year’s Grade 12 results.
More than 400 learners who sat for final examinations at the school had their results withheld for suspicion of cheating during exams. The parents and SGB took the department to court, accusing it of infringing the learners’ rights to further their studies.
The ruling did not sit well with the learners and parents. They think it was unfair.
A devastated learner, Zamangwane Sibhayi says justice has failed them.
“The law has failed us. We were not given enough clarity. The only thing we heard is that the case is dismissed. What does that mean? Like, what about our results? We worked hard. Don’t we deserve to further our education like other children? Why is this happening to us? What did we do to deserve this? We need justice. That is what we want, our results.”
Parents think the department should do better
Parents, on the other side, think the Department of Education should have handled the matter differently.
“I would suggest that the educational centre or the Education Department can just go to school so that they can check their work during the course of the year so that they can prove if these children have copied or whatever they’ve done wrong. But I thought if they can go there, they can see how hard do these children worked,” says an SGB member.
“They are abusing our children while we are struggling. We are not free at all because government is fir everyone and not for those who are wealthy. We are poor parents but they are mistreating our children. We have also been ill-treated,”says another SGB member.
DOE happy with the ruling
The Department of Education has welcomed the ruling. Basic Education Spokesperson, Elijah Mhlanga says the Department has been vindicated by the ruling.
“As the Department ,we welcome the decision of the courts which confirms that the learners were implicated in the exam irregularities. This will also strengthen the arm of the Department in its bid to adopt a zero-tolerance approach in dealing with issues of exam irregularities so we will move forward and enhance the credibility of the examinations. But at the same time we appeal to communities to understand the implications of irregularities in examinations that the implicated persons will cooperate with the department and accept the sanctions that have been imposed on them,” says Mhlanga.
But the parents are not letting this slide. Their legal representative, Hloniphile Mkhongozeli says they will take the matter to the highest court in the land, if needs be.
“This application has been dismissed and we’ll still study the judgement once it comes to our disposal. For now, the judgement is not yet ready. The judge was just reading his notes. We’ll still need to apply, to write a letter for the transcribed record in order for us to advise properly our clients. But they have already indicated that in the event that the judgement will come contrary to their expectations, they will seek the leave to appeal up to the Constitutional Court,” says Mkhongozeli.
Six schools in the Eastern Cape, including Cibeni senior secondary, had their Grade 12 results withheld due to suspected cheating. The Education Department is still investigating any possible involvement of invigilators and teachers in the cheating scandal.
