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The acting director still refused to allow Moko to enter the exam room, and Moko subsequently missed the exam.
Moko was told that she could take a supplemental exam in May 2021.
Aggravated by this decision because he wanted to continue tertiary education in early 2021, Moko submitted an urgent request to the Limpopo high court to be given the opportunity to write the missed exam soon.
“The higher court, for reasons that cannot be deciphered, dropped the matter for lack of urgency,” Judge Sisi Khampepe said on Monday when reading the summary of the unanimous sentence she wrote.
Then, Moko requested permission to approach the Court of Justice urgently for an order that the conduct of the acting director was incompatible with the right to basic and higher education enshrined in the constitution.
Moko requested that she be given the opportunity to write the exam prior to scoring other matrix scripts and publishing other matrix results.
The basic education department, Umalusi and the acting school principal did not object to his request. The department offered Moko the opportunity to write the missed exam in January 2021.
The court determined the request from documents without oral presentations.
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