A Grade 12 pupil who was allegedly denied access to an exam room because he had missed extra classes has approached the Constitutional Court (ConCourt) on an urgent basis.
This after the matter was struck off the roll in the Limpopo High Court due to a lack of urgency on December 3. Johannes Moko, 23, a pupil at Malusi Secondary School at Marobjane village near Senwabarwana was supposed to write business studies paper 2 onNovember 25but the school principal allegedly sent him home to fetch his parent or guardian after he ’ d missed extra lessons.
In court papers, Moko said he went home but didn ’ t find his grandmother, who had gone to fetch her medication at a local hospital, resulting in the pupil being refused entry into the school.
Moko is represented by advocacy group the African Court on Human and Peoples ’ Rights, which wants the ConCourt to declare the school principal ’ s decision to send Moko home and making him miss the exam unconstitutional. The court must order that Moko be given an opportunity to write the business studies paper 2 examination before the release of the 2020 matric results in January/February 2021.
“Also, Moko ’ s results for business studies paper 2 examination [must] be marked and released together with the matric results,” read the court papers. Moko, through his lawyer, Adv Shadrack Tebeila, further asked the ConCourt to order the provincial department of education to arrange counselling sessions for him and with the service provider of his choice to be paid by the department before the release of the 2020 results. Provincial education spokesperson Tidimalo Chuene said: “We are not in a position to give comment on the matter owing to the legal process around it.”
The ConCourt directed the department to file an answering affidavit by yesterday.
In his affidavit, Moko said on the said date he prepared to write for his exam and upon his arrival at the school gate at around 7am, the principal stopped him from entering the property.
Moko said he and two other grade 12 pupils were stopped from entering the school premises on the basis that they hadn ’ t attended extra lessons and were told to go home and fetch their parents to discuss the matter. Moko said one pupil spoke privately with the principal and was later allowed to write and the other brought a parent.