Hundreds of affected candidates have mounted a final legal bid to secure their withheld examination results after a provincial court setback.

About 900 former matriculants from various schools in the province had their results withheld by the Department of Education (DoE) after the November 2022 National Senior Certificate (NSC) examinations, amid allegations of cheating during their final exams.

Most of the affected learners were from schools in the Bushbuckridge Local Municipality, including Lamulelani High School in Madras, Eric Nxumalo Secondary School in Thulamahashe, Nghunghunyane Secondary School in New Forest, Acornhoek Academy, Dlumani High School in Manyeleti, Mahlale High School in Welverdiend Trust, Tlhavekisa High School in Manyeleti, Sokisi Secondary School in Clare A Trust, Wem High School in Mkhuhlu, Mdluli Secondary School in Hluvukanim and Mhlangane Secondary School in Islington.

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Close to 500 of the affected learners took the matter to the Mpumalanga Division of the High Court in Mbombela claiming that they had never cheated during the examination.

Full bench overturns initial order

Lawyers from Mthunzi Law Chambers – advocates DJ Sibuyi and Buyile Mdluli and attorney Tatenda Magocha – represented hundreds of learners, while attorney Ephraim Khambako represented a handful of them.

On August 12, 2024, Acting Judge Johannes Roelofse ruled in favour of the learners and ordered the DoE to release the results.

The department, however, appealed the judgment, leading to yet another legal battle that ended with a full bench deciding in favour of the department on November 19, 2025.

The full bench in the Mpumalanga Division of the High Court found that the affected learners had failed to exhaust internal appeal procedures as required by the Promotion of Administrative Justice Act (PAJA) before turning to the courts.

The full bench ruling rested strictly on administrative procedures under PAJA and did not make a factual finding confirming that the candidates cheated.

Legal team approaches Constitutional Court

Sibuyi then escalated the matter directly to the Constitutional Court.

“We request the honourable court to reinstate the judgment and order of Acting Judge Roelofse, which reviewed and set aside the administrative decision dated March 31, 2023, and ordered the release of the examination results of the schools and subjects identified in the operative notices of motion, subject to the exact wording of the stamped order,” reads the notice of motion as submitted by Sibuyi to the court and seen by Mpumalanga News.

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Roelofse found that the department had failed to act in accordance with its own set of rules after withholding the results.

When contacted for comment, Sibuyi said only that the matter had been allocated a case number in the Constitutional Court, but declined to divulge further details, saying he could do so only once the matter had been heard.

Department opposes leave to appeal

Mpumalanga DoE spokesperson Gerald Sambo said the basic education sector will oppose the application for leave to appeal.

“The sector is of the considered view that the reasons advanced by the full bench, led by Deputy Judge President Takalani Ratshibvumo, with acting judges Nicole Mayet and Hermann Fourie concurring, are comprehensive, correct and sufficient,” said Sambo. “Above all, the judgment reaffirmed a critical principle: the role of the Department of Basic Education in safeguarding the integrity of the NSC examinations cannot be overstated. The NSC is the ultimate assessment after 12 years of schooling and its credibility must be protected.”

Sambo said the withholding of results after allegations of mass cheating was a necessary and lawful step to ensure that the examination system remained credible, qualitative and untainted.

“The sector remains committed to fairness for all learners, but will not compromise on the integrity of the national examination system,” he concluded.