Fifty former matric learners from Baphutheng Senior Secondary School have been cleared of cheating during their final exams by the Limpopo High Court.
These learners were flagged for "group copying" during the 2024 NSC exams, due to similarities in their Business Studies Paper 1 and Economics Paper 2 answers.
The learners consistently denied cheating and explained that they were taught in an under-resourced school with limited access to textbooks and other learning materials, where educators relied on creative teaching methods such as singing, group repetition and recitation to help learners memorise concepts and essay structures.
There was no direct evidence of copying during the examinations, and the educators, invigilators and the school principal were not questioned about the similarities.
Despite this, the Limpopo Department of Education (LDoE) made serious findings against the learners largely on the basis of similarities in their examination scripts.
On 1 October 2026, Acting Judge Masilo handed down an order, with written reasons to follow. The court found that the LDoE had failed to establish that the learners committed any form of examination irregularity. As a result, it reviewed and set aside the disciplinary findings, the Former Acting Head of Department's decision to adopt the disciplinary findings, and the MEC’s decision dismissing the learners’ appeal.
The court further found that the Former Acting Head of Department communicated findings against the learners even though the body legally required to make the relevant decision and recommendation had not done so. The learners were therefore found guilty in an irregular and unlawful process.
The court directed the LDoE to provide the learners with complete, unredacted statements of results, free from any annotation or suggestion of examination irregularities, within five days. Their formal National Senior Certificates must similarly be issued, without any adverse endorsement, within 30 days.
