Matric battle in court

SHOCK: DECISION TO CUT TIES WITH INDEPENDENT EXAMINATIONS BOARD ‘Additional, retrospective and unjustified levy’ at centre of dispute.

As thousands of young people around the country eagerly await the release of the 2019 matric results, the future of thousands more hangs in the balance.

This after Umalusi, the regulatory body responsible for issuing matric certificates, decided to cut ties with the Independent Examinations Board (IEB), which sets and marks the final exams for most of the country’s private schools.

The decision is, however, being challenged, with the IEB having taken its fight to the High Court in Pretoria.

In papers filed late last year, the IEB indicated it would be asking a judge for an order setting aside Umalusi’s decision. In the interim, the IEB said, it would be asking for an urgent interdict against the enforcement of the decision – which is meant to take effect from

April – until the matter had been finalised.

The IEB’s case is that Umalusi’s decision impairs the right to education of pupils whom it services and infringes on the IEB’s right to just administrative action.

“If the decision is not interdicted, the IEB will be unable to assess about 230 schools for the National Senior Certificate, as well as 286 adult learning centres.

The pupils at these schools are dependent on the IEB’s assessment in order to obtain their certificates,” read the court papers. “They will not be able to obtain certificates for their studies if Umalusi’s decision is not interdicted.

“In addition, pupils who have already completed their studies will not be able [to] obtain certificates for these qualifications for purposes of applying for work or tertiary education.”

Anne Oberholzer, CEO of the IEB, said yesterday the matter centred around Umalusi having tried to levy the IEB with “additional, retrospective and, in our view, unjustified” charges for the 2016, 2017 and 2018 academic years.

“Despite numerous attempts by [the] IEB and its board to resolve the matter amicably with Umalusi, this has not been successful,” Oberholzer said.

“Umalusi, on the one hand, has initiated high court proceedings to claim such monies from [the] IEB and [the] IEB has, on the other hand, instituted review proceedings in the same court to review and set aside those claims by Umalusi as unlawful.

“The IEB has taken this decision in order to clarify legally what fees Umalusi may charge and how that process should be conducted.

“The IEB has done, and will do, everything in its power to ensure that pupils are not negatively affected by this matter.”

Oberholzer added that while a court date had yet to be set, the IEB and Umalusi were looking to expedite the process and, if possible, have the cases heard together.

Umalusi’s spokesperson, Lucky Ditaunyane, said yesterday that Umalusi was “not in a position to argue the merits of the case through the media” as the

They will not be able to obtain certificates for studies

matter was still before the court.

“However, today Umalusi approved the release of the 2019 IEB results, together with those of other assessment bodies.

“This attests to the fact that Umalusi has not suspended its services to IEB.

“Regarding future IEB candidates, the matter will be decided by a court of law.” – news@citizen. co.za