Basic Education Minister Angie Motshekga. Picture: GCIS
An urgent application will be heard in court at 10am on Thursday regarding the Department of Basic Education’s decision to have matriculants rewrite the leaked mathematics paper two and physical science paper two.
Both the South African Democratic Teachers’ Union (Sadtu) and AfriForum will be in court, to oppose the rewrites.
Court documents include affidavits from pupils affected by the department’s decision.
Motions are against Basic Education Minister Angie Motshekga, the National Examinations Irregularities Committee (NEIC), and the Umalusi Council for quality assurance and further education and training. Sadtu’s motion includes education MECs in all nine provinces as well.
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AfriForum is demanding that exam scripts and every pupil who was not involved in “the alleged irregularity” during the November national senior certificate examinations be marked, that marks be allocated as set out in the marking memorandum of the applicable subjects, and that results be released accordingly.
Their motion also states that Motshekga be interdicted from destroying any answer scripts of any of the two exams, until the outcome of review proceedings “may be instituted against her decision to call a rewrite”.
AfriForum and Sadtu both want Motshekga’s announcement that the exams be rewritten at a later date be declared “ultra vires, invalid and unconstitutional and accordingly set aside”, AfriForum’s motion reads.
Sadtu and AfriForum also want Motshekga to be held liable for costs of the urgent lawsuit, as well as the granting of further and/or alternative relief.
AfriForum is representing four matric pupils, “acting out of interest for the class of 2020”.
The application, it said, intends to investigate the impact Motshekga’s actions had on the “constitutional rights of dignity, access to fair administrative action as well as the general rules applicable to accused persons of being presumed innocent has on this matter”.
READ MORE: Class of 2020: Union, dept butting heads over matric paper rewrites
Sadtu said it seeks to interdict Motshekga from subjecting “innocent learners” to rewriting an exam without having had access to the leaked papers.
It is also seeking an order “reviewing and setting aside the impugned decision on the basis of illegality”.
Sadtu slammed Motshekga’s reasons into rewriting the leaked exams as “clearly ingenuine [sic]”, and that the reasons used to bolster her decision was “clearly not true”.
The union said actions from legal structures such as the NEIC, the provincial examinations irregularities committees and examination panellists were “rendered obsolete simply because of the threat imposed” by Motshekga and Umalusi.
“Under these circumstances, it sounds like the first respondent [Motshekga] takes the decisions while at gunpoint from the hands of the 12th respondent [Umalusi]. This cannot be acceptable in an open and democratic society rooted int her rule of law,” their motion explained.
It added that Motshekga appeared to be “extremely fearful” of Umalusi, and that it should not have formed part of rewrite discussions until it was presented with results.
“The information that the first respondent [Motshekga] uses in order to infringe on the rights of thousands and thousands of learners, some of whom are from indigent families who do not even have the luxury of technology constitutes an unequivocal gross violation of the rights of such voiceless learners.
“It constitutes a complete demoralisation of such learners which such leaners will carry for their entire academic lives.”
Court proceedings are expected to start at 10am in the Gauteng division of the High Court.
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