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Matric learner has taken the Limpopo Education Department to the Constitutional Court

Matric exam
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A matric learner, who has taken a school principal and the Limpopo Education Department to the Constitutional Court, after he was allegedly refused to write a Business Studies Paper Two examination, says the issue has affected him.

Johannes Moko missed the exam at Malusi Secondary School in Senwabarwana in November when the principal allegedly accused him of not attending extra classes.

Johannes Moko says on the morning of November 25, he went to school prepared to sit for the Business Studies Paper Two examination.

He says he was surprised when the principal prevented him and two other learners from entering the school.

They were allegedly accused of failing to attend extra classes and were instructed to fetch their parents to discuss the issue before sitting for the exam.

The other learners managed to bring their parents and were allowed to write. But Moko says he was unable to locate his grandmother or sibling, with whom he stays. He says efforts to speak to the principal afterwards proved futile.

“When I approached the school gate, the principal appeared in his car and stopped me from entering the premises. He said I must go fetch my parent because I did not attend Saturday classes. I went home, but didn’t find my grandmother whom I stay with, as she had gone to the clinic. My sister was also not available. I returned to the school and sat outside under a tree. A local man came and asked what was happening, he went to plead with the principal but it didn’t help. I then missed writing.”

The Education Department says Moko can only write the subject in May next year.

The Polokwane High Court dismissed the case as not urgent and Moko is now seeking relief at the Constitutional Court.

“It has affected me badly because I wanted to register for a Human Resources course next year. Now that I didn’t write, it means I will lag behind when others move forward next year. I’m pinning my hopes on the court case. My wish is to write so that when the results are announced, I’m also counted.”

The Saviour Association for School Governing Bodies has accused the school and the department of violating Moko’s rights. The association’s chairperson Caiphus Moshutla says the matter could have been handled differently.

“They just deny a child right to learn. We believe that you know district director failed to attend this matter. If he attended, we shouldn’t be where we are. It really disadvantaged the child and it affected the child in a hard way because now he is done with the exam, they never even get a psychologist for him. So it really disadvantaged the child altogether even more on other subjects he has written.”

Spokesperson for the department, Tidimalo Chuene, says they will not comment on the matter because it is a subject of a court case.

Meanwhile, the Constitutional Court has directed the principal and the department to file written submissions on the matter by no later than Friday, December 18, 2020.

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