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A Limpopo student has achieved a victory at ConCourt.
- The Constitutional Court has ordered that Johannes Moko be allowed to take his examination before January 15, 2021.
- Moko was supposed to take the exam in November, but was denied entry to the school by the acting principal.
- The court also ordered that their results be released at the same time as other students in February.
The Constitutional Court ruled in favor of a Limpopo matriculated student who took his acting school principal to court after he was denied entry to an exam after missing an extra lesson.
In a unanimous ruling on Monday, the high court ruled that the acting principal of Malusi Secondary School, Tlou Mokgonyana, had violated Johannes Moko’s right to education when he denied the student entry to the school to write his Study Document. business 2 on November 25. because Moko had missed an extra class.
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“It is very regrettable that the first defendant (Mokgonyana) did not consider it necessary to make us confident as to what could have caused him to act as he did. Is there a policy or established practice that no student will be allowed to sit for an exam if they did not attend additional lessons? Or was the first respondent acting funny? “Judge Sisi Khampepe said in the ruling.
According to court documents, on the day of the exam, Moko met Moko at the boarding gate and demanded that she bring a parent or guardian to explain why she did not attend an additional lesson before she could enter the school.
Moko’s family were not immediately available to come to the school, and when they let him in, the exam had already started. This meant that Moko would only be able to take a supplemental exam in May 2021.
Urgency matter
Distraught at the thought of this, Moko submitted an urgent request to the Polokwane High Court to be allowed to take the examination immediately. The matter was removed from the list because the court considered there was no urgency as Moko could rewrite the exam in 2021.
Khampepe’s ruling stated:
“I cannot conceive how the High Court could not have found the matter to be urgent. Fortunately, Mr. Moko’s determination to write the exam before the results are published, so that he can access higher education in 2021, has resulted in the defendants offering in their submissions to this court that he be will give the opportunity to write the exam in January 2021 “.
The court ordered that Moko be allowed to write her exam before January 15 and that her result be published at the same time as the rest of the enrollment results in February.
Other respondents on the matter were the Limpopo Department of Education, the department head, the Minister of Basic Education and the Umalusi regulatory board.
None of the respondents opposed the request and all have submitted notices to comply with this court’s decision.
