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[1]   Introduction.

It is often said that education is what remains after one has forgotten what they learned at school.[1] In South Africa, the bridge from those learning years is marked by the National Senior Certificate examinations. This is the ultimate test that assesses learners' level of education after 12 years of learning. This bridge should be approached with great care, as it can be traumatic for learners, knowing it could be a barrier to their careers and future. Equally important is the vetting process that ensures that the examinations were qualitative and untainted. The role played by the Department of Basic Education (the Department) in safeguarding this process cannot be overstated, given the significant contribution learners make to the nation after completing National Senior Certificate examinations.

[2]   Among the thousands of learners who sat for their National Senior Certificate examinations in 2022 in South Africa, there were eight hundred and ninety-six (896) learners from various schools across Mpumalanga, whose results in specific papers that they wrote were withheld by the Department after it was alleged that they were involved in mass cheating during the final National Senior Certificate examinations.

[3]   Their results were withheld following disciplinary hearings conducted by the Department. They were, however, allowed to rewrite after their sanctions had lapsed in March 2023.  As of the date of this judgment, four hundred sixty-seven (467) learners, including some of the 510 who brought the review application, had rewritten the examination over the years, starting in 2023, the most recent group having done so in June 2025. There are still those who registered to rewrite later this year, 2025.

[4]   Five hundred and ten (510) learners instituted review proceedings in terms of the Promotion of Administrative Justice Act, 2000 (No. 3 of 2000) (PAJA) against the Appellants (respondents before the court a quo), seeking an order compelling them to release the results of the papers that were withheld.