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The presiding judge, Judge Norman Davis, heard the requests simultaneously at the joint hearing.
Sadtu’s attorney Wisani Sibuyi argued that the point of who made the decision was relevant in court. He claimed that the wrong person made the decision on the rewrite.
Sibuyi said the decision, made by Umalusi, was a clear violation of the decision-making process.
“In the event of a leak of a national examination questionnaire, the director general of the Department of Education and the minister of education must decide the most appropriate course of action,” he told the court.
He said the department’s decision was premature and that in the event of a leak, there must be a full investigation.
Sibuyi said that in this matter, the department decided not to continue with the investigations, fueling the union’s belief that the decision must be set aside
Furthermore, Sibuyi said, the union is of the opinion that the leaks in 2016 were on a larger scale than this year, but a rewrite was not ordered at the time.
“They must be consistent,” he told the court.
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