Africa-Press – Eswatini. Suspects implicated in the leakage of the Form V examination papers are likely to face jail time of 10 years or a fine of E50 000.
The suspects can also be sentenced to both. This is according to the Examinations Council of Eswatini (ECESWA) Act, 2023. More than three teachers and at least eight pupils from a certain school, are said to be responsible for the leakage of the Eswatini General Certificate of Secondary Education (EGCSE) exam papers, which were shared via social media. The teachers are said to have confessed to leaking the papers, whereby examination questions and/or topics were scribbled on a piece of paper before being shared with a ‘distributor’. The teachers are said to have worked with eight to 10 people to distribute the exam papers to pupils, which they allegedly sold for E300, others for E400. The leaked papers were Mathematics Paper III and IV, Physical Science Paper II and IV, SiSwati Paper III and Religious Education Paper I and II. Pupils had to resit the papers in an examination that was concluded on Thursday last week.
According to the Act, any person who gains access to examination materials and unlawfully reveals the contents, whether orally, in writing or by any other means to unauthorised persons, sits for examination with the intention to impersonate, or offer, or attempts to impersonate a registered candidate and also influences or attempts to influence another person to sit an examination with the intension to impersonate a registered candidate, will be liable to the aforementioned fine or sentencing upon conviction by a court of law.
Certificate
The Act also states that any person who presents a forged certificate which bears the seal of the council or utters falsified information to a prospective employer or to an educational or training institution to gain admission or any other advantage not lawfully due and prints, publishes, delivers, receives or sells a certificate which bears the seal of the council without the authority of the council, commits an offence and shall be liable to the aforementioned penalties. The Act explained that an established Malpractice Committee shall preside over all matters of dishonesty and malpractice duly referred to it by council and shall be constituted as and when necessary. According to the Act, the committee shall consist of members of the council, who will include the attorney general (AG) or a representative, who shall be the chairperson, the director of education and training, director of the National Curriculum Centre, the principal secretary in the Ministry of Finance or a representative and the registrar who shall be the secretary.
The Act states that the council shall be informed by the Director Examinations Administration and Result Processing through the office of the registrar in all matters that relate to malpractice. It was reported that the head of centre shall be informed within five working days of any suspected case of malpractice. The head of centre would also be responsible for the formal investigation of the suspected case of malpractice and duly notify the persons to be investigated in writing of the ongoing investigations. “The director examinations, administration and result processing shall, upon the completion of its investigation submit a report to the registrar for lodging before the council. “The council shall upon receipt of the investigation report defer the matter to the Malpractice Committee and the committee shall after hearing the case, present its findings and recommendation to the council for the determination of appropriate sanctions,” reads the Act in part.
Conclude
Adding, the Act highlighted that the council may conclude the case by four steps, which include, nullifying the results and cancellation of certificate in case of candidates, disqualifying schools or candidates; refer case to the ministry for disciplinary action where a teacher is involved; and report to the police where there is a criminal element involved. The Act went on to state that the council shall also conclude all cases of malpractice within 21 days from the date they are lodged by the registrar. They also explained that there shall be a committee, known as the Appeals Tribunal, appointed by the minister and the tribunal shall consist of three persons, being a lawyer with at least five years admittance to the bar of Eswatini, a retired educator with education from a recognised tertiary institution and a representative of a faculty of education from a recognised tertiary institution.
Sittings
“The Appeals Tribunal, shall, in any of its sittings, elect one of their members, to be chairperson, may co-opt for assistance, on ad-hoc basis, any other person who has expertise in a particular field, as they may consider necessary, shall regulate its own procedures; and members shall be paid such allowances as the minister may determine,” reads the Act in part.
The Act mentioned that any person, who is aggrieved by a decision of the council, may within 21 days after the person is notified of the decision of council, appeal to the tribunal.
The Act highlighted that the appeal shall be in writing and clearly state the grounds of appeal and the tribunal shall take oral or written evidence on oath. “In every proceeding before the tribunal, the appellant and the council may call evidence and may be given an opportunity to be heard either in person or by a person duly authorised by the appellant or the council.
“Where the appellant or the council or both, fail to appear before the tribunal at the time and place appointed, the tribunal may, upon proof of service of the notice of the hearing, proceed to determine the appeal, unless good cause for non-appearance is shown,” reads the Act in part.
Furthermore, it was mentioned that the tribunal shall hear and determine an appeal within 21 days from the date; the appeal is filed with the tribunal. They concluded that the decision of the tribunal shall have the effect and be enforceable as if it were decision of a court. “An appellant who is aggrieved by a decision of the tribunal may, within 21 days after that person is notified of the decision, take the matter to the High Court for review,” reads the Act in part.
For More News And Analysis About Eswatini Follow Africa-Press
