JONATHAN JANSEN | The DBE might have lost rewrite case, but it’s not over yet

If leaks were widespread and Umalusi, to maintain its credibility, refuses to certify the exam, a lot is at stake

16 December 2020 - 19:43

Judge Nathan Davis must have been in a foul mood when he set aside basic education minister Angie Motshekga’s decision for a rewrite of matric papers maths 2 and physical science 2. The decision was described as “irregular and unlawful”, with Davis dismissing the minister’s after-the-fact clarification that she did not, in law, have the authority to make the rewrite decision as “nonsensical ... an afterthought, devoid of a factual basis ... [a] shambles”. Haibo!

Poor Umalusi, the quality assurer for exams, also got klapped for its “unwarranted dictates” on rewriting, to which the minister and her department apparently “succumbed”. Umalusi’s position on the possibility of “substantial irregularities” in the two exams could be found to be “irrational” to the extent that “any reliance on its prescripts or dictates would equally be irrational”. Furthermore, the department’s rushed dates for the two rewrites, opined the judge, “smacked of callousness”...

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