Over 300 Mpumalanga matrics of 2022 await results amid ongoing court battle

More than 300 Mpumalanga learners have been waiting for their matric results for 2022 amid an ongoing court case after the Department of Basic Education accused over 900 learners of cheating.

The Mbombela High Court’s Judge Johannes Roelofse has granted the Department of Education leave to appeal his earlier judgment in which he instructed the department to release the full results to the 300 learners.

The department withheld some of the learners’ results for the 2022 matric examination after it had accused them of cheating during the writing of the exams.

The actual number of affected learners whose results were withheld is more than 900; however, only a few more than 300 appointed legal representatives to fight their battle in the Mbombela High Court. The majority of them are being represented by Adv DJ Sibuyi of the Mthunzi Law Chambers in Hazyview, and Ephraim Khambako, who is representing just over 60 learners.

Following a long winding legal battle of nearly two years, the court ruled in favour of the learners and Roelofse ordered the department to release their results.

The learners’ joy was, however, cut short after the department made a successful application for leave to appeal his judgment during the sitting on October 3.

During the latest hearing, Sibuyi had attempted to punch holes in the department’s application.

Mpendulo Mdluli was one of the legal representatives for the education department.

Sibuyi accused the department of failing to submit the necessary records, but instead submitting transcripts.

“The attorney, Mrs Mdluli, said she had submitted records. Let me say they look like transcripts, and transcripts are not records,” argued Sibuyi during the court sitting.

“You see, we are representing poor learners, and we respect the fact that the Department of Education has exercised its legal right of applying for leave to appeal,” said Khambako.

Sibuyi said the department’s appeal was some kind of delay tactic that undermined the future of the learners.

“The Department of Education is not taking the future of these learners seriously, but we are ready for the next fight because the supremacy of the Constitution reigns above money. These learners have spent two full years without the prospect of registering in any higher learning institution,” he said.

Meanwhile, Khambako said he was disappointed that the department was granted leave to appeal, but promised that he and Sibuyi would oppose this. “We are just waiting to see the appeal and we have decided to oppose it. You see, we are representing poor learners and we respect the fact that the Department of Education has exercised its legal right of applying for leave to appeal,” said Khambako.

A parent whose child was one of the affected, but who did not want to be identified, said it was a very sad moment for all of them.

“We are now at the stage where the department was granted leave to appeal, and we are aware that if it does not win, the case it will obviously go to the next court. I won’t be surprised if this matter ends up in the Constitutional Court,” she said.

The spokesperson for the Mpumalanga education department, Jasper Zwane, did not respond to the questions sent to him concerning these latest developments.