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By Baldwin Ndaba 
December 28, 2020
A Limpopo tuition student won his battle in Constitutional Court on Monday to force the Department of Basic Education to allow him to write the Business Studies tuition exam 2 he had missed after his principal denied him entry to the room. exams in November.
Johannes Moko’s troubles began on November 25, 2020, when he came to his school in Limpopo to write Matrix Exam 2 for Business Studies Paper.
Tlou Mokgonyana, the acting principal of Malusi High School, stopped him at the school gates because he had not attended certain additional lessons.
Moko was instructed to go find her parents to discuss missed extra lessons and not to return to school without them.
He went to look for his tutors but, unable to do so, he returned to school, alone, some time later. By the time he returned, the Business Studies Paper 2 exam was underway. The acting principal denied Moko entry to the exam room and Moko subsequently missed the exam.
Several meetings with the acting director and members of the Limpopo Department of Education followed and Moko was informed that she could write the supplemental exam in May 2021.
Unhappy with this decision, as he wished to continue tertiary education in early 2021 and writing the exam in May would delay this, Moko made an urgent request to the High Court to be given the opportunity to write the missed exam. imminently. The Superior Court removed the matter from the list due to lack of urgency.
Next, he requested authorization to address the Constitutional Court directly and urgently to rule that the conduct of the interim director was incompatible with the right to basic and higher education in article 29 (1) of the Constitution and that he provided the opportunity to write the Business Studies Paper 2 Exam prior to scoring the other Matric Exam scripts and posting of the other Matric results.
On Monday, the ConCourt judges made a unanimous decision in favor of Moko. They also convicted the Limpopo Superior Court for refusing to listen to their urgent request.
In his view, Judge Sisi Khampepe granted Moko her permission to directly access the ConCourt.
Judge Khampepe also found that Mokgonyana’s “conduct, which resulted in Moko’s inability to sit for the Business Studies Paper 2 exam on November 25, 2020, is declared a violation of the applicant’s right to education under section 29 (1) of the Constitution.
The ConCourt also ordered the Limpopo Education Authorities, the Minister of Basic Education and Umalusi to give Moko the opportunity to write Business Studies Paper 2 by January 15, 2021.
“The result of the written examination in terms of this order will be published simultaneously with the general publication of the results of the 2020 Senior National Certificate examination in January or February 2021.
Mokgonyana, Limpopo MEC for Education; Department head; Minister Angie Motshekga and Umalusi were ordered jointly and severally to be responsible for paying Moko’s legal costs, including two attorneys in court and in the higher court.
None of them objected to the request.
Political Bureau
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