High Court judge dismisses application by exam cheat

THE High Court has dismissed an application  by a Midlands State University (MSU) student challenging his expulsion and nullification of results after he was caught while allegedly cheating during an examination.

Bulawayo High Court judge Justice Nokuthula Moyo's ruling follows an application by Prosper Makumbe who was allegedly caught by an invigilator while in possession of six pieces of scrap paper containing material that was relevant to the examination.

In papers before the court, the MSU was cited as the respondent.

Makumbe, who sought an order compelling  MSU to reverse the nullification of his results, was writing an MBA Business Leadership supplementary examination when the incident occurred on July 24 in 2014.

Justice Moyo said Makumbe cheated in the examination to his own acknowledgement and plea and was convicted accordingly.

"The applicant now seeks to clutch at straws in a bid to avoid the reality stemming from the consequences of his actions. It would appear from his  founding affidavit, the applicant was just throwing everything without laying proper foundation for his case," she said.

The judge ruled that Makumbe's application lacked merit.

"The applicant has absolutely no merit and it should be dismissed with the contempt it deserves," ruled Justice Moyo.

Makumbe, through his lawyers, Dube-Tachiona and Tsvangirai Legal Practitioners, sought an  order directing the university to issue him with his academic certificate within 48 hours from the date of the order.

MSU wrote a letter to Makumbe on March 28 this year informing him of its decision to nullify his results following investigations by the student disciplinary committee.

Makumbe allegedly breached rules of the Student Conduct and Discipline Ordinance 2 of 2014.

A hearing was conducted on February 26 and on August 12 Makumbe was expelled and his results were nullified.

According to a letter signed by MSU registrar, Mr Erasmus Mupfiga, the disciplinary committee recommended Makumbe's expulsion from the university and the nullification of his MBA 831 examination results.

Mr Mupfiga said Makumbe had previously failed the module and sought to obtain a pass through fraudulent means.

Makumbe accused the MSU of gross misdirection when it served him with a notice and charge sheet which did not comply with its rules on student conduct and discipline. He argued that he was only given four days' notice before the hearing date.

He said he mistakenly brought scrap pieces of paper to the examination hall due to pressure.

Makumbe said the invigilator took his student identity card and the scrap papers and allowed him to continue with the examination.