Courts & Legal
Exam pass revoked: Gauteng student takes private college to court
When an exam pass turns into a court fight
What started as a moment of relief quickly turned into a legal battle for Phina Ngwenya from Springs in Ekurhuleni. After completing her debt counselling exam through the Business Skills Institute, she was initially told she had passed. Days later, that result was wiped away.
Now, the dispute has moved far beyond the classroom. Ngwenya has taken the private college to court, arguing that her disqualification was unfair and based on instructions she followed in good faith.
The WhatsApp message at the centre of the dispute
At the heart of the case is a familiar modern problem. Conflicting instructions in a world where official communication often happens over WhatsApp.
Ngwenya maintains that she logged into the exam invigilation system early because she was advised to do so by an assessor. She has shared a WhatsApp message that encouraged students to log in ahead of time to ensure everything was set up and working properly.
The college, however, alleges that logging in before the official start time breached exam rules. It also claims that the required invigilation and proctoring process was not properly activated, meaning it could not verify the student’s identity or the integrity of the exam.
Ngwenya denies breaking any rules and says she followed the guidance provided by the institution.
Shock, frustration, and a demand to rewrite
The situation escalated when Ngwenya received a letter informing her that she had been disqualified and would need to pay to retake the exam. According to her legal team, this came without warning, despite her having already been told that she passed.
Her lawyers argue that the initial confirmation created a legitimate expectation that the matter was finalised. In legal terms, this means a student should be able to rely on an official result once it has been communicated.
They have demanded that the college reverse the disqualification, recognise her original result, and issue a written apology.
A wider conversation about online exams
While the case focuses on one student, it has struck a nerve with many South Africans who have experienced the stress of online assessments. On social media, users have questioned how clear and consistent exam rules really are, especially when instructions are shared across emails, portals, and messaging apps.
Since the pandemic, online invigilation has become standard practice for many private institutions. But this case highlights how technical systems, timing rules, and communication gaps can have serious consequences for students trying to better their lives through education.
The college responds
Business Skills Institute chief executive Cindee Groenewald has defended the institution’s processes. She says all students were informed in advance about exam rules and the requirement to use the prescribed proctoring system.
According to the college, Ngwenya was formally advised of the reason for her disqualification and given the option to retake the exam in line with institutional procedures. The matter has now been handed over to legal representatives, with the college stating it will not comment further until the case is resolved.
Why this case matters
For many South Africans, private colleges offer an accessible route into specialised careers like debt counselling. This case raises important questions about fairness, communication, and accountability in a sector that plays a growing role in skills development.
As the legal process unfolds, Ngwenya’s fight is being closely watched by students who want reassurance that exam rules are applied consistently and that a pass really means a pass.
Follow Joburg ETC on Facebook, Twitter, TikT
For more News in Johannesburg, visit joburgetc.com
Source: The Citizen
Featured Image: Rational Standard
