Investigation Reports

REPORT IN TERMS OF SECTION 8(2) OF THE
PUBLIC PROTECTOR ACT 23 OF 1994

REPORT NO. 3
(SPECIAL REPORT)

REPORT ON PROGRESS AND INTEGRITY OF
THE SENIOR CERTIFICATE EXAMINATION - 1996

PUBLIC PROTECTOR

REPUBLIC OF SOUTH AFRICA
SBN 0-621-17644-3 RP 36/1997


Madam Speaker and Honourable Members of Parliament

I have the honour to submit a special report in terms of Section 8(2) of the Public Protector Act 23 of 1994 regarding a report on progress and integrity of the Senior Certificate Examination - 1996.

S.A.M. BAQWA
Public Protector of the
Republic of South Africa

15 November 1996


TABLE OF CONTENTS

REPORT

1. INTRODUCTION

2. MEETING

    2.1 Participants
    2.2 The Problem
    2.3 Background

3. THE INVESTIGATION

    3.1 Western Cape Province
    3.2 Free State Province
    3.3 Northern Province
    3.4 North-West Province
    3.5 Eastern Cape Province
    3.6 Northern Cape Province
    3.7 Mpumalanga Province
    3.8 Gauteng Province
    3 9 Province of KwaZulu/Natal

4. ASSESSMENT AND EVALUATION

    4.1- 4.6 The Human Factor
    4.7 Communication Strategies
    4.8 The Legal Situation & Disciplinary Procedures

5 CONCLUSION


REPORT ON PROGRESS AND INTEGRITY OF THE SENIOR CERTIFICATE EXAMINATION- 1996

1. INTRODUCTION

The South African Federation of State Aided Schools (SAFSAS) submitted a complaint to me on 30 October 1996 regarding the alleged irregularities concerning the 1996 matric examinations. In view of the urgency of the matter brought about by the fact that the examinations were already under way, I granted an interview to the representatives of SAFSAS on the same day.

At the interview it transpired that besides SAFSAS's main concern, which was the irregularities around the matric examination, they were unhappy with the fact that, as they reported then, they had received no response to requests for meetings with the Minister of Education (National) and the MEC for Education (Gauteng). The requests were for meetings to discuss issues concerning problems around the matriculation examinations.

2. MEETING

In order to facilitate a speedy resolution and or discussion of the matters raised I arranged a meeting with the National Department of Education, the Gauteng Department of Education and SAFSAS at my offices on 1 November 1996. Regarding the problem of communication, it became clear at that meeting that though there were problems concerning communication they were certainly not insurmountable. It was accordingly resolved that further communications would be addressed not only to the political heads of the respective Departments but also to the administrative heads in order to try and ensure a speedier response. I did not allow further discussion of this matter because I considered the matter of irregularities concerning matriculations examination to be the more paramount and important issue.

2.1 Participants

The meeting on 1 November 1996 was attended by the following persons:

From the Department of National Education Dr I Rensburg (Deputy Director-General), Miss Sheila Sisulu, (Special Advisor to the Minister of Education) and Dr Gustav Niebuhr (Chief Director). The Gauteng Department of Education was represented by: Mr James Maseko (Superintendent-General), Mr Enver Motala (Deputy Head Examinations), Dr Pine Pienaar (Director District Nr 3). SAFSAS was represented by Prof J M Potgieter, Prof P J Visser and Dr H T van Deventer. Also present from the Office of the Public Protector was Dr M Schutte, my Assistant.

2.2 The Problem

At the time of the meeting virtually all newspapers, radio and television broadcasts daily carried reports of:

  • Leaks of examination papers;
  • Disruptions of the examination process;
  • Improper arrangements regarding security, storage and transportation of papers;
  • The postponement of examination dates and generally the credibility and status of the 1996 matric results.

2.3 Background

Conducting of examinations is a provincial responsibility and the Department of Education (National) is not directly involved. It does however perform a monitoring function and also advises the Heads of Education Departments Committee (Hedcom) with regard to the running of examinations.

In 1995, the examinations were conducted on an agency basis and the various provinces were able to orientate themselves to take over this responsibility in 1996. In 1996 each province took the responsibility to run its own examinations.

At the meeting referred to above I was presented with a comprehensive report by the National Education Department concerning the monitoring of preparation for the Matriculation Examinations in the Provinces. Besides meetings with bodies such as the Inter Provincial Committee on examinations (IPEC) the Department had also conducted a survey covering issues such as, registration of candidates, examination timetables, distributions of candidate numbers and individual timetables, printing of question papers, network for distributing question papers, security arrangements concerning distribution of papers, invigilation, transport of scripts and related matters, appointment of invigilators, training of invigilators, examination monitoring committees, procedures for dealing with irregularities, marking arrangements, appointment and training of sub examiners, arrangements for release of results, and submission of statistics to the Department of Education. The survey was a reflection of the situation in the provinces with regard to the 1996 Senior Certificate examination as at 4 October 1996. The overall impression gained from that survey was that preparations for examinations were progressing well in all provinces.

At the same meeting I was also presented with a report by the Gauteng Department of Education (GDE). Their report dealt with the key systemic and organisational elements of the examination in the Province. The report also concerned preparations for the 1996 examinations which had commenced in August 1995 when examiners and internal moderators were appointed. According to the report an examinations Support Team was established which was charged with the responsibility of organising all the processes relating to the examinations conducted by GDE. This Task Team was made up of 11 persons who consisted of line functionaries responsible for examinations and other officials of the department. The Task Team reported to the Chief Director Provisioning and through her to the Head of the Department. The report also discussed the planning process which the department engaged in prior to the examinations.

Concerning examination leakages the GDE had become aware of breaches of the system on 16 October 1996. Reports had come to the GDE through a variety of sources including the Media and these concerned shortages in the numbers of papers distributed, incorrect labelling, the omission of errata and paper leakages.

The overall impression created in the Gauteng report was that though there had been problems in Gauteng, these had been met effectively. Further, the National Report implied that examinations in other Provinces were on track. This impression was

however short lived because shortly after the meeting and ahead of my issuing a statement concerning the meeting, reports started coming out to the effect that there were leakages in places such as KwaZulu/Natal and that there were further leakages in the Gauteng province. This prompted me not to rely on the two reports referred to above but to conduct my own investigation of the situation. I do perhaps need to state here that my investigation was more to assess, evaluate and report on the immediate problems rather that to proffer a solution in the long term. I considered that whatever report or comment I made would have to take into account the most recent situation in order to authentically reflect on the integrity of the matric examinations of 1996. Before giving my impression of the situation I proceed to deal with the situation on the ground in the nine provinces as at 14 November 1996 seriatim.

3. THE INVESTIGATION

3.1 Western Cape Province

According to the Head of the Education Department in this province no question papers have been leaked. The Department has however made contingency plans to use supplementary papers in the subjects concerned in the event of a leak. Distribution of examination papers is done by Sun Couriers. The examination papers are stored in strong rooms at schools or if there is no strong room at a school or at a place nearby where there is such a facility, for example another school, an Area Managers office or a police station is used. Nearly all the educational institutions in this province have their own strongrooms. Circuit Managers are monitoring the situation on a continuing basis at each of the schools for which they are responsible. There has been no need to report any irregularity to the South African Police Service.

Problems that have been experienced were of such a nature that the Department was able to take measures to solve them satisfactorily, for example, there has been a shortage of question papers at certain centres as a result of faults in counting, but shortfalls could be made up. The worst case was a shortage of maps for the Geography practical examination at a particular school resulting in the delay in the starting of the examination by over an hour.

Errors with printing also occurred. An annexure was not printed for the first Latin paper and had to be faxed to all the relevant schools. An answer sheet was not included with another paper and the candidates had to write their answers in the answer book

The overall assessment in this province is that nothing has occurred which has brought the integrity of the examination into question.

3.2 Free State Province

No known examination leaks have occurred in this province.

With regard to the distribution, delivery of question papers, delivery is done 1 hour before writing of the specific paper, by senior officials of the District Offices. There is 24 hour security. Question papers are stored in strong rooms. Full monitoring teams are monitoring the examinations every day and constant written reports are given to an Irregularity Officer.

With regard to preventive measures, there is constant interaction between the South African Police Service and the Department in the twelve districts. The Department also liaises with the Office of the Commissioner of Police of the Free State and a good working relationship has been established. The Department is constantly monitoring the examinations in the province and no disruptions have been experienced thus far.

3.3 Northern Province

No examination papers have leaked thus far according to available information. case of a leak, papers set for 1997 are on stand by to be used to dose the gap.

Regarding distribution, papers are distributed to examination centres on a daily basis. Circuit Managers, Subject Advisors and Psycho Educational Services Officers are being utilised not only in the delivery of papers but also in the monitoring of examinations. There is also a team from Head Office that is going out daily to monitor the writing of examinations.

Concerning preventing measures, the Department has not had irregularities yet, but the South African Police Service did help at Mutedu High School where some elements of the community wanted to disturb the writing of examinations. The Department requested and secured police presence around that area (this is in the Bakenburg-Mahwelereng Area).

Isolated cases concerning shortages of papers have been reported in this province but these were quickly attended to especially because of a radio-telephone system that is being employed for quick and prompt action. There has not been any disruption or irregularity reported in this province and the system seems to be intact and working.

3.4 North-West Province

There have been no examination leaks according to available information in the North West. The North-West, like the other provinces, has had for the first time to set its own examination papers. The Department set 187 papers for 60,000 matriculants. Nearly 700 examiners were involved in producing these papers and checking their quality which was later attested by the South African Certification Council (SAFCERT). More than 2,000 educators are involved in invigilating and their duty is to access during the actual sitting whether any discrepancies need to be brought to the attention of the Department.

Irregularity officials have been appointed to be on stand-by to be sent out to investigate if any leakages are reported from whatever source. Master copies of supplementary question papers which have been moderated by SAFCERT are ready for printing if any leakages occur. Examination papers are distributed from Head Office every ten days to Districts and Circuits. Papas are delivered on a daily basis from Districts and Circuits to schools using Circuit Managers, Subject Advisors and Examination Co-ordinators. Although Circuits and Districts do their own monitoring, the Provincial Department of Education also over and above these, has 24 officials (1 per district) which monitor the examination process on behalf of Head Office. These teams visit schools unannounced for monitoring and they cover approximately 50 schools per week. Monitoring reports are compiled on a weekly basis and submitted to Head Office, the Deputy Director-General and the MEC.

No irregularities have been experienced in this Province though there have been minor problems experienced concerning spelling and typing errors in papers.

3.5 Eastern Cape Province

No question papers have been confirmed as leaked in the Eastern Cape. The Provincial Department has arranged two back-up papers which are on the ready for each subject.

Regarding distribution, papers are delivered by truck to the Regional Offices from the Examination Centre. A truck is accompanied by officials from a security firm. Papers

are taken into custody by officials at the Regional Offices in the presence of the security personnel. Papers are stored in strongrooms guarded by security personnel on a 24-hour basis. Delivery of examination papers takes place at irregular intervals without disclosing the dates of delivery. Examination scripts are dealt within a similar manner in a reversed version. The Department prints its own papers and security personnel are on duty for 24 hours. The whole process is monitored by close circuit television. Two examiners set separate papers and neither knows which paper is to be used in the examination. Monitoring teams as well as managers of security firms do regular checks and submit reports.

This Province has not suffered any disruption so far and only technical problems like the breakdown of collating machines have been experienced. Two cases of irregularities by candidates were reported and are being investigated. These are essentially concerning the use of crib notes. Provision has been made in the Province's draft legislation for action against anyone breaching security or confidentiality regulations.

3.6 Northern Cape Province

One paper has been confirmed leaked in this Province, namely Biology Higher Grade. An internal investigation is in progress and the South African Police Service has been informed. Back-up papers are available for each subject.

Concerning distribution, examination papers are distributed by Superintendents of Education and Subject Advisors. Police escorts are used where deemed necessary. A daily review of the examination process is made and reinforcements are provided where necessary. Preventive measures are in place and members of SAPS are questioning possible sources. The case of the leakage is being handled by SAPS Kimberley.

Logistical problems have been caused by the great distances and other geographical factors which sometimes crop up. Besides the leakage of the Biology paper referred to above, no other irregularities have been reported thus far. There is an Irregularities Committee in place which forms part of the examinations structure to deal with any eventuality.

3.7 Mpumalanga Province

No papers have been reported leaked thus far. Contingency plans include the use of the February/March supplementary question papers in the event of a leakage.

Distribution of examination papers is delivered by means of panel vans accompanied by armed security guards. The Provincial Monitoring Committee is in charge of and performs monitoring work in all districts.

No reports have been made to the South African Police Service because no irregularities have occurred.

The Department prints its question papers. Occasionally technical problems and breakdown of machines have been experienced.

The Deputy Director-general considers the examination to be on track thus far.

3.8 Gauteng Province

Compared to the other Provinces, Gauteng is one of only two Provinces that have experienced serious problems regarding the Senior Certificate Examinations. The following question papers or copies thereof were received by the Gauteng Department of Education and were therefore confirmed leaked or in circulation prior to the date on which they were to be written:

  • Biblical Studies Higher Grade
  • English First Language Higher Grade (third paper)
  • Computer Studies Higher Grade
  • Accounting Higher Grade
  • Biology Higher Grade
  • English Second Language Higher Grade (third paper)
  • Geography Higher Grade (theory) (first paper)

A Gauteng Department of Education investigation team consisting of senior officials has been set up to investigate the possible sources of all the leakages from the Department. This team is working on a full-time basis. The investigation team is also investigating allegations of students who have either bought, sold or somehow acquired copies of examination papers prior to the date on which they were to be written. It is hoped that the investigation into student irregularities will lead back to the sources of leakage within the Department.

As soon as the leakages were confirmed, the Gauteng Department of Education contacted the South African Police Service which immediately put in place a team to investigate the leakages. The Gauteng Department of Education and the South African Police Service are collaborating in the investigation.

Alternative question papers have been introduced since the leakage of the Accounting paper. These have been produced at short notice and under the tightest possible security throughout the process of production. A team led by Prof Graham Hall, is responsible for the whole of the operations in respect of alternative question papers.

This team alone is responsible for this activity.

Regarding distribution, Prof Hall has reorganised the process for the reproduction and distribution of alternative question papers to District Officers. As far as it is possible, each paper is distributed on the evening before the writing of the paper to the various District Distribution Centres. In each District, particular persons have been identified to ensure the checking of the number of scripts to be distributed. This is done immediately prior to the writing of any exam paper.

Steps have been taken to strengthen the security arrangements at the Hercules Centre and the mechanism for the distribution of papers from that centre to Regional District Offices. In addition new security arrangements and a completely separate team has been organised in respect of packaging and distribution of papers from the Hercules Centre.

Progress with regard to security and other arrangements is monitored on a daily basis. This monitoring takes the form of a report from each District Office (there are eighteen in all) to the Head of Department. These reports have mainly dealt with problems relating to a shortage in a number of scripts delivered to any particular schools and all such problems have been resolved.

With regard to preventive measures, Captain Devraj from John Vorster Square Police Station in Johannesburg was appointed by the SAPS to lead the investigation. A team of about five investigators are supporting her in the investigation. The SAPS have conducted investigations by questioning key staff members from the Examination Section at Head Office and by following up leads which have been acquired by the Gauteng Department of Education or which they have obtained themselves.

The Gauteng Department of Education has so far received verbal confirmation from SAPS (Mr Sibeko Mkabela) that SAPS will be offering a reward of R100 000 for information which would lead to a conviction. The case number for investigations into the examination leakages is 2001/10/96.

A report was also received that the marking memorandum or part thereof for the Biology Higher Grade Paper, was also in circulation prior to the date on which the examination was to be written. This paper was however reset and the consequences of the marking memorandum being in circulation would have been negated. What this report did raise, was a possible source of further leakage in the Department which needs to be investigated.

An internal investigation team was set up for the specific purpose of following all leads in respect of alleged leakages. The work of this team continues to date and it has followed every substantive lead in respect of leakage of papers. According to this team, examination papers are circulated by a criminal syndicate intent on profiteering through the sale of examination papers. The investigation team is working in close liaison with the high level investigative team of the SAPS who are pursuing the possibility of prosecutions against particular individuals.

Additional steps to prevent further leakages have included the complete reorganisation of centres at which and the processes through which examination papers are secured, stored, printed, reproduced, packaged and distributed. This has meant the total or partial reorganisation and augmenting of the teams responsible for these operations. Detailed and regular discussions with every district of the GDE including a daily process of reporting with regard to any inadequacies in the system were instituted. This required each District Director to submit a detailed management plan of examinations and their day to day monitoring.

A team has been set up for the replacement of papers at short notice. This team operates in complete confidentiality and is separate from any other process in respect of the examinations. It is accountable to the Head of a Department himself. Further meetings are held on an almost daily basis in the highest echelons of management of the Gauteng Department of Education, often into the late evening to evaluate, monitor, strengthen and assess the overall integrity of the planning process particularly in respect of the leakages.

In the light of these measures, the Superintendent-General, Mr Maseko, of the Gauteng Department of Education, is satisfied about the substantial integrity of its planning, administrative and delivery systems.

3.9 Province of KwaZulu-Natal

As stated above, this is one of the Provinces where problems have been experienced with regard to Senior Certificate examinations. According to the Superintendent of Education, Dr S N Shabalala, as at 12 November 1996, three examination papers had been confirmed as leaked. They are:

Business Economics Higher Grade, Physical Science Higher Grade (Paper 1) and Physical Science Higher Grade (Paper 2).

Business Economics Higher Grade was detected to have been leaked in certain confined centres. The Department plans to monitor these centres and to deal with the problem at the marking centre. Irregularity examiners will monitor the scripts from these centres very closely. With regard to Physical Science (HGPl and P2), these papers have been reset and rescheduled.

Further, and in order to maintain the integrity of the examination, the Department has undertaken to reschedule and to replace the following papers:

  • English Second Language HGP2
  • Afrikaans Second Language HGP2
  • Economics HG
  • Mathematics HGP2
  • Geography HGP2
  • History HG
  • English Second Language HGP3
  • Biology HG
  • Accounting HG

With regard to distribution of examination papers, a private security firm has been engaged to secure distribution of papers and scripts. Inspectors of Education and Subject Advisors in the various regions have been appointed as monitors who visit the various Examination Centres.

Concerning preventing measures, the irregularities have been reported to the South African Police Service. The Sydenham Police Station is dealing with the matter. Several arrests have been made including the arrest of a School Inspector, Sipho Mchunu of Umlazi, Durban.

Problems have also been experienced in the reprinting and distribution of question papers during the period of disruption. I am, however, assured by the Superintendent of Education that these problems are being managed by the Examination Directorate. The Department seems to be confident that the problem has been contained.

4. ASSESSMENT AND EVALUATION

My function in terms of the Constitution is to investigate upon receipt of a complaint or on own initiative any act of maladministration in connection with the affairs of government at any level.

As stated above the conducting of examinations is a provincial responsibility and the National Department of Education is not directly involved therein. The National Department does however perform a monitoring function and it also advises the Heads of Education Departments Committee (Hedcom) with regard to the running of examinations. In this brief report and in the absence of any maladministration I do not seek to usurp nor supplant the functions of the National Education Department. The problems around the writing of senior certificate examinations can be considered at two levels namely, short term and long term. The suggestions and recommendations which I make below are not meant to be the last word on the matter which quite clearly needs a much more in depth analysis and long term planning. That duty rests both on the National and Provincial Departments of Education.

The National Party acting through the agency of Ms July Killian has made submissions concerning the issues discussed herein and it has also raised a number of questions in that regard. The questions pertain more to the issues specifically concerning the Gauteng Education Department. The issues raised in that submission are also of a short term and long term nature. Some of the issues are discussed in this report and other questions are being referred to the Gauteng Department of Education for their responses.

The outcry concerning the Senior Certificate Examination arose due to the leaks of examination papers, disruptions of the examination process and improper arrangements regarding the security, storage and transportation of papers. It is true that however excellent the examination management plan and backup strategies may be in any given examination, such plan and backup strategies can only be as good as the people who operate, implement and manage it. What one has to do with here is the fallibility of human beings and the involvement of the human element in the system.

Whilst one recognises that it is for the very first time in the history in this country that Departments have undertaken examinations on the current scale - involving all the previously segregated sections of the South African Society, and the enormity of the task, one has to ask questions such as - what plans have other provinces employed which have successfully excluded any disruptions or leakages in the examinations? What is their success recipe? How can such success recipes be copied and duplicated in the provinces which have had problems? It is in the answers to such questions that solutions have to be found.

Having said that, there are problems which are quite obvious and which are amenable to being addressed without conducting a lengthy investigation. The problem which I have referred to above, namely the human element has to be addressed in a multifaceted way and this is what I attempt to do, albeit in a limited manner.

4.1 Some of the provinces employ security firms with regard to distribution of examination papers. Without casting any aspersion on any security firm, it is a fact that the experience, insight and integrity of outsiders to the Education process may vary from place to place.

It is accordingly incumbent on the National Education Department to investigate and propose a standardised form of security arrangements which could be adopted in all the provinces. This could be done with reference to the success recipes obtained from the problem free provinces.

4.2 It has been observed from one of the problem free provinces that personnel working around production and distribution of examination papers was said to have been "hand picked". Whilst this may have worked for the particular province, it is a method that is fraught with danger.

It is accordingly recommended that personnel working with the production and distribution of exam papers should be persons who have obtained a security clearance and staff members should be in possession of security clearance certificates in all education departments.

4.3 The safe keeping of question papers prior to them being written is a key function of any education department to ensure a fair process for the examination of its matriculation candidates.

It has been observed that in some provinces strongroom facilities are more in abundance than in others.

It is recommended that National Education should ensure in conjunction with the relevant Provincial authorities that the imbalances with regard to strongroom facilities should be rectified. Every school should have as its basic facility a strongroom which is properly secured. If this is not done the perennial nature of the problem will persist.

4.4 Questions have also been raised about the levels of experience and qualifications about personnel involved in the examination process. It is recommended that relevant departments carry out an in-depth personnel audit of the sections of the departments which deal with examinations with a view to ensuring that the personnel is both adequate not only with regard to numbers, but also to qualifications.

4.5 It has been observed that preparations for examinations in some of the provinces started only about three months ahead of the examinations. Experience teaches that successful examinations can only be achieved if examinations are prepared for in earnest long before commencement time. I do understand that the actual setting of papers may need to be delayed for security reasons but the logistical questions with regard to centres, personnel, security, distribution of examination papers and collections of scripts can be taken care of well in advance and it is recommended that departments adopt this long term planning approach. If this is done it would prevent the ad hoc decisions and crisis management which cannot but create opportunities for deliberate leakages of examination papers.

It is accordingly recommended that an examination management plan should be drawn up by a group of professional and experienced officials within the relevant education departments fifteen to eighteen months prior to commencement of examinations. It is further recommended that there should be strict adherence to deadlines and security measures as detailed in an examination management plan because without such adherence there can be no effective implementation thereof.

4.6 It has been observed from some provinces that exam question papers were contaminated by spelling errors and other language errata.

This was possibly caused by unrealistic or limited staff structure and it is recommended that sufficient arrangements be made both with regard to staff and time in order to make room for adequate proof reading.

4.7 Communication Strategies

There have been complaints about what has been referred to as "sensational reporting" concerning the matriculation examinations. There is a fine balance that needs to be maintained between the cherished duty resting upon the media to inform the public and sensational reporting. The function of informing the public is a two way process which involves the information providers (Education Departments in this case) and the information distributors (The Media).

Key to the efficient management of a matriculation examination is undoubtedly the timeous flow of correct information to the relevant stake holders to ensure their full participation and co-operation. A failure to provide proper information is a sure recipe to fanning the fires of rumour-mongering and the subsequent sensational reporting. Key stakeholders therefore such as school principals, parents and matric candidates ought to receive reliable information at all times. Verbal communication between the relevant departments and the stakeholders can only sow confusion. The importance therefore of an effective and uniform communication strategy cannot be over emphasised.

4.8 The Legal Situation and Disciplinary Procedures

I am of the view that in order to deal with the human element in the system a strong deterrence to deviant behaviour on the part of educators, learners, civil servants and non-civil servants assisting but working outside the education system has to be put in place.

Individuals who steal, leak, sell or distribute examination papers unlawfully need to be dealt with mercilessly. Even learners who accept leaked examination papers are as guilty as the culprits who make them available in the first place.

Learners, teachers, parents, law enforcement agencies and indeed all South Africans have to stand up against elements who seek to destroy the country's values and its future. Education is the key to the future of this country. It is the key to the development of the country and its human resources. It accordingly becomes a national responsibility to defend the education system with all the means at our disposal.

The procedure regarding disciplinary steps to be taken against "educators", is found in the Educators Employment Act of 1994. This is a National Act, applicable to all educators in all provinces. Section 8(e) makes provision for the discharge of educators on account of misconduct.

The Public Service Act, 1996, makes provision for the discharge of officers or employees (who are not educators) on account of misconduct (S17).

The South African Schools Act of 1995 will be promulgated on 15 November 1996 and it comes into operation on 1 January 1997. The Act provides for uniform norms and standards for the education of"learners" at schools throughout the Republic.

Section 8 directs that - subject to any applicable provincial law, a governing body of a public school must adopt a "code of conduct" for the learners, after consultation with the learners, parents and educators of the school.

The National Minister may determine guidelines for the consideration by governing bodies of public schools in adopting a code of conduct for learners. A learner is obliged to comply with the code of conduct of the school that he/she attends. The National Department of Education is still in the process of formulating its guidelines on the code of conduct, and no such guidelines exist in any of the provinces yet.

Section 9 of the South African Schools Act regulates (subject to any applicable provincial law) the suspension and expulsion of a learner from a public school.

Concerning educators and public servants, I am of the view that any official who contributes directly or indirectly to the compromising of an examination by unlawfully having in his possession, buying, selling, reproducing in whatever way, or copying examination papers, ought to have no place in the civil service. He/she ought to be shown no mercy. He/she must be discharged from duty and criminally prosecuted.

The courts also ought to impose the highest fines and the harshest sentences (including terms of imprisonment). This ought to apply to both educators, civil servants outside the education system and non-civil servants assisting during examinations.

The fact that the provinces presently have no laws concerning the conduct of matriculation examination presents an opportunity to all of them to address the examinations issue proactively. They ought to include provisions in their laws which will make it unattractive to meddle with the examination process.

The province that seems to have given the matter some consideration already is the Eastern Province. In its draft "Regulations relating to the conduct of matriculation examinations in the Province of the Eastern Cape", Clause 3 .3 reads as follows:

"3.3 IRREGULAR POSSESSION OF EXAMINATION PAPERS

  1. Unless specifically otherwise provided in these regulations, no person shall, prior to the date and time determined by the Permanent Secretary for the question paper concerned to be written have in his possession, buy, sell, reproduce or in whatever way copy or have copies made of the question paper referred to.
  2. Any person who contravenes the provisions of sub regulation (1) shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rands or in default of payment to imprisonment for a period not exceeding 12 months."

I am in agreement with the spirit of the above clause and recommend that it be included as part of the legislation in all the provinces. I would however go further and recommend that the penal clause should read as follows

"Any person who contravenes the provisions of (the relevant legislation) shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand rands (R10 000-00) or in default of payment to imprisonment for a period not exceeding sixty (60) months".

The unequivocal message ought to be sent to all potential culprits that meddling with the examination process is just not worth the game.

Lastly, education authorities ought to consider the disqualification of learners from writing the Senior Certificate examinations whenever they are found to have transgressed as discussed above. Disqualified learners ought to be excluded from further participation in matriculation examinations for a period of three(3) years.

5. CONCLUSION

The leakage of examination question papers is not a new phenomenon and it has occurred in the previous dispensation. The incidences of leakages are attributable (at least in part) to cases of deliberate theft and breaches of confidentiality.

It is however clear from the above assessment of the nine provinces that the integrity of the matriculation examination of the class of '96 has been more than substantial in no less than six provinces. There has been a leakage of one paper in the seventh province which would imply that in almost seven provinces the examination process has not been compromised. The educational authorities who have played a role to bringing about such a success rate need to be commended and congratulated. Needless to say, the examination process is not yet over. There is still marking to be done and examination results to be processed. One can only hope however, that the flows that have been detected have led to increased vigilance on the part of the authorities.

There have been significant problems in two provinces namely, KwaZulu/Natal and Gauteng. It would seem to me however that even in those provinces the authorities have been pro-active and sufficient measures have been taken to redress the problem in the short term and that parents and students in those provinces need not fear or doubt the quality of the certificates issued by authorities in the effected provinces.

My overall impression is accordingly that the integrity of the matric examination in 1996 in my view is therefore substantially intact.

The MEC for Education, Mary Metcalfe has established a commission of enquiry into the Gauteng Matriculation Examination in terms of Section 9 of the Gauteng Schools Act of 1995. The terms of reference are as follows:

  1. To inquire into the preparation of examinations with special focus on security arrangements;
  2. To enquire into the adequacy of the steps taken to protect the integrity of the examinations; and
  3. to make recommendations regarding the necessary action to ensure that such a situation does not arise again.

The Independent Examinations Board and the Gauteng Provincial Services Commission have agreed to participate in the commission.

This Commission will run concurrently with the investigations conducted by the police and the Department's Investigation Team.

Clearly, mine is not the last word on the matter. I have been assured and I accept, that the National Education Department through the agency of the Inter Provincial Examinations Committee (IPEC) and the Heads of Departments Committee (HEDCOM) will undertake an in-depth analysis of the process and the problems after the marking and release of examination results with the view to highlighting the shortcomings and preventing a recurrence in future

PRETORIA
1996-11-l5

PUBLIC PROTECTOR

 

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