Wrongly accused matrics sue for R5m each
Prospective students barred from varsities after delays in probe over cheating
Monica Zitha was ecstatic when a university provisionally offered her admission to study for a degree in social work in 2017.
But her dream was shattered when a statement of her 2016 matric results indicated that the results were subject to “investigations relating to an alleged examination irregularity”.
Her marks and those of 169 other candidates who attended New Era College, a private school in Limpopo, were subjected to intense scrutiny by education department officials after the institution was implicated in the leaking of maths paper 2.
But Zitha, who was found not guilty of cheating after a disciplinary hearing, only received her matric certificate in August last year, more than four years after she wrote the exams.
She and 86 other pupils are claiming R5m each in damages from the Limpopo education department, including R4.5m for loss of income and R500,000 for psychological trauma, following a lengthy delay in finalising the disciplinary hearings and in issuing their matric certificates.
A further seven pupils from the same school have each instituted damages claims of R1.8m against the provincial education department through a different lawyer. Their claims for damages include R500,000 for being deprived of their results, R800,000 for being deprived of admission to higher education institutions or employment and R500,000 for defamation of character.
Umalusi confirmed that none of the 91 pupils who wrote the maths paper 2 were found to have committed any irregularity.
The exams quality assurer said 59 of the 91 candidates passed the exams and that the certificates of 25 candidates were sent to the provincial education department in March 2019, while 34 were sent in August last year.
Meanwhile, Zitha, who qualified for admission to university after achieving a bachelor pass, said she was subsequently denied admission by the institution because of the adverse remarks in her statement of results.
“My dream has always been to study at university and become a social worker.”
Rosebank College in Johannesburg, however, accepted her statement of results and allowed her to pursue a degree in public administration in 2017.
The community was laughing at me and my family — that I cheated. It’s embarrassing because people talk and believe what they hear even though they don’t have any proof
Ntila Shivuri, above
She completed it in 2020 after failing one year.
“Unfortunately, I could not even attend my graduation ceremony in April last year because my matric certificate was still outstanding.”
Said Zitha: “My life was on hold for years because of the delay in getting my matric certificate. I was embarrassed and criticised by my community for something I did not do. Even in the taxis, people spoke badly about our school.”
She said she and the other pupils were justified in claiming for damages from the provincial education department.
Another pupil, Ntila Shivuri, 24, said she was so desperate to study at university that she repeated matric at Julius Secondary School in 2017 after not receiving her results from New Era College.
“We went back home without results and it was painful. The community was laughing at me and my family — that I cheated. It’s embarrassing because people talk and believe what they hear even though they don’t have any proof.”
Using a statement of her matric results from Julius Secondary School, she enrolled for a diploma in safety management at the Durban University of Technology.
Shivuri, who said she was found not guilty during a disciplinary hearing, confirmed she received her matric certificate only towards the end of last year.
Limpopo-based law firm Netshilema Attorneys, which is acting on behalf of the seven former pupils, said in an affidavit concerning one of the pupils that its client was alleged to have had access to “leaked stolen question papers” before the exam.
“It is unlawful to punish a learner before you can get his or her side of the story on the allegations. The alleged leak and cheating circulated countrywide to the prejudice of the plaintiff.”
Its client had applied to study at various institutions but could not secure admission because his results had been withheld.
But in its plea, the Limpopo education department argued that this particular pupil and 36 others were found guilty of contravening the exam regulation by providing identical wrong answers for two questions in physical science paper 1.
The department denied in court papers that the particular pupil “suffered any prejudice and reputational harm” or that the department was responsible for the delay in conducting hearings from January 17 2017 until August 2018.
Netshilema Attorneys said it was also acting on behalf of some pupils found guilty because they were “defamed” before they were found guilty following media reports that they had cheated in the exams.
The firm said it had written to the state attorney’s office requesting a second pretrial conference to discuss a settlement proposal or referral of the matter to mediation after agreement by both parties.
“We have requested the minutes of the disciplinary hearings but have received nothing so far.”
Robert Mbambale, the lawyer representing the 87 pupils, confirmed that each former pupil was claiming R5m in damages “as a result of receiving their certificates almost five years after writing their exams”.
He said the matter was before the Thohoyandou high court.
Umalusi spokesperson Biki Lepota said no irregularities had been found for the maths exam.
“Umalusi not aware of any court action.”
Limpopo education department spokesperson Mike Maringa said its legal department indicated that it was “unable to share details because the matter is still before court”.