South African Schools Act, 1996 (Act No. 84 of 1996)RegulationsRegulations for the Conduct, Administration and Management of Assessment for the Senior Certificate, 2005Chapter 12 : Procedures for Dealing with Alleged Irregularities62. Procedures in respect of investigations |
| (1) | The investigations must be lawful, reasonable, timely and procedurally fair and the rights of the individuals should not be infringed. The principles of openness and transparency of an administrative action must be adhered to. |
| (2) | The following procedure must be followed in respect of an investigation: |
| (a) | A minimum of two members of the PEIC or two departmental officials delegated by the PEIC must be involved in all investigations; |
| (b) | The PEIC may call upon any official in the service of the relevant provincial department of education or any candidate or learner to appear before the Committee or the two-person team delegated to carry out the function, and it may also question any candidate accused of an alleged irregularity; |
| (c) | The PEIC or the delegated officials may also call upon any person not in the immediate employ of the relevant provincial department of education but under its jurisdiction as assessment body, to appear before the Committee or the two-person team delegated to carry out this function, and it may also question any such person in the normal course of an investigation; |
| (d) | The PEIC or the delegated officials has access to any room or place at any school or learning institution registered as an examination centre with the relevant provincial department of education and may scrutinise or take possession of any document, article or any other evidence which, in the opinion of the committee, may assist in the investigation; |
| (e) | In cases of serious misconduct, the relevant provincial department of education should reserve the right to report such cases to the relevant State Security Agents for criminal investigation; |
| (f) | All investigations undertaken by the PEIC or the delegated officials, at whatever level, must be clearly documented or minuted if it takes the form of a meeting; |
| (g) | Findings of an investigation must be submitted to a full sitting of the PEIC that must make a decision as to whether a hearing must take place or not; and |
| (h) | No member of the PEIC may be involved in, or allowed access to any examination irregularity investigation or hearing or documentation involving a relative or any other person in respect of whom the investigator cannot be impartial. |