Public interest law centre SECTION27 is seeking an order to review and set aside the decision of the Limpopo Acting Head of Department and the Limpopo Education MEC directing that 50 learners’ National Senior Certificate (NSC) results not be released, arguing that “context-responsive and innovative teaching methods cannot be used as a basis to strip learners of their futures”.

SECTION27 launched a judicial review application in the Limpopo Division of the High Court on behalf of 50 former matric learners from Baphutheng Senior Secondary School, challenging the decision that found them guilty of “group copying” during their final 2024 NSC examinations.

The decision, taken by the Acting Head of Department and upheld by the Education MEC in Limpopo, relate to Business Studies Paper 1 and Economics Paper 2.

The learners’ results have been withheld for over a year, with SECTION27 arguing that the case exposes a systemic injustice in the education system.

“Learners from under-resourced schools are punished not for misconduct, but for succeeding through methods shaped by poverty and necessity. When achievement does not conform to the norms of privilege, it is met with suspicion rather than support. In this way, inequality is not only reproduced but enforced,” it stated.

SECTION27 pointed out that the allegation against the learners is based only on the fact that their examination answers were similar.

The organisation highlighted that the Limpopo Department of Education (LDoE) had not provided any evidence of cheating or group copying.

Additionally, no learner was found in possession of notes or unauthorised material, and there was no evidence of communication or coordination observed in the examination venues, SECTION27 added.

The invigilators also confirmed that there were no irregularities during the examinations.

“What the Limpopo Department of Education has characterised as ‘group copying’ is, in truth, the foreseeable outcome of how teaching and learning occur at Baphutheng Senior Secondary School, an under-resourced public school with limited access to textbooks, no library, and learning support materials.

“In response to these constraints, educators employed creative and practical teaching methods to ensure learners could understand and retain complex content. These included structured oral learning, group recitation, and subject-based songs to memorise key concepts and essay frameworks,” the organisation noted.

SECTION27 stated that these methods were used openly and consistently throughout the academic year.

“Learners practised together in classrooms and on school grounds, reciting and singing content as part of their preparation. This approach, confirmed by educators and the former principal, was designed to compensate for material shortages and to support comprehension and recall. It also explains why learners produced similar, though not identical, responses during examinations,” it highlighted.

SECTION27 said the disciplinary process that followed was fundamentally unfair, as learners were subjected to intimidating and coercive questioning, confronted with shifting accusations and denied a meaningful opportunity to respond.

“Their explanations were not properly interrogated or tested. Attempts to submit corroborating evidence, including video recordings demonstrating the teaching and learning methods used at the school, were disregarded. The appeal to the MEC failed to address these defects and merely endorsed the original findings without engaging with the substance of the learners’ case,” it explained.

The organisation claimed that the consequences have been devastating for the former pupils. By withholding their results, authorities have excluded these learners from further study and employment opportunities, SECTION27 said.