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South African Schools Act, 1996 (Act No. 84 of 1996)


Regulations for the Conduct, Administration and Management of Assessment for the Senior Certificate, 2005

Chapter 12 : Procedures for Dealing with Alleged Irregularities

58. Procedures in respect of irregularities identified during the planning and preparatory phase of the external examination


(1) The Head of Department or his or her nominee may immediately suspend an examination official who contravenes any of these regulations, and the matter must be dealt with in accordance with the Employment of Educators’ Act or in terms of the Public Service Act, or any other relevant legislation.


(2) Examination irregularities identified as having occurred before the question paper is written may include the leakage of the question papers set at provincial or national level.
(a) The first step in such a case is to determine the extent of the leakage, which must be determined by the Provincial Examinations Irregularities Committee (PEIC) or by a team delegated by the PEIC.
(b) In the case of a provincial question paper, if the leakage is widespread, the relevant provincial department of education must arrange for the question paper to be rewritten on an appropriate date that is suitable for all affected candidates. If the irregularity is confined to a single or a few assessment centres, then it may be recommended to the Head of Department that the action taken be limited to those affected examination centres. The decision in this regard must be made by the Head of Department and the MEC.
(c) In the event of the leakage of a national question paper, the Director-General of the Department of Education and the Minister of Education should decide on the most appropriate course of action.
(d) The Provincial Examinations Irregularities Committee (PEIC) must institute a full investigation to ascertain the source of the leakage. The South African Police Services (SAPS) and other investigation experts may be included in the investigation process. All evidence collected must be clearly documented for presentation to the Provincial Examinations Irregularities Committee (PEIC).
(e) Any other assessment irregularity identified prior to the writing of the question paper, which may impact on the integrity of the examination must be dealt with prior to the question paper being written.