(f1t, ACH PR i f:, African Cornrrnss1on on c1.umi ,. Human and Peoples' Rights Human Rights our Collective Responsibility Decision of the African Commission on Human and Peoples' Rights on Admissibility Communication 783/22 Johannes Moko and The Republic of South Africa Summary of the Complaint: 1. The Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat) received the Complaint on the 16th of February 2022. 2. The Parties in this Communication are as follows: The Complainant is Johannes Mako, a 23-year-old male South African National. The Respondent State is the Republic of South Africa. 3. The Complainant alleges that on 20 November 2020, the Acting Principal of his then school, Malusi Secondary School, prevented him from sitting the Business Study Paper 2 examination on the grounds that he had not attended certain extra classes . He was requested to return to the school accompanied by a parent or guardian to discuss the matter of the alleged truancy. 4. The Complainant alleges that he was unable to locate his grandmother and his sister was far away and unable to attend to his school, he therefore returned alone later that day, finding the Exam already underway. The Acting Principal, he alleges, refused him entry into the examination room thus preventing him from taking his Business Studies Paper 2 examination on the scheduled 25 November 2020. 5. It is alleged that on the 26 th of November 2020, the Complainant returned to the school accompanied by his uncle and one Mr. Moshuhla where the Acting Principal informed them that the Complainant would have to sit for the supplementary examination in May 2021. 6. The Complainant alleges that on the 27th of November 2020, he escalated the matter to the Member of the Executive Council for Education in Limpopo Province where he was informed by the District Director that he would only be able to sit for the uMAN A"' examination in May 2021. ~"' o,, 7. The Complainant approached the High Court for an order that ~~d t~ ·t for " ~ ----<~ his Business Studies Paper before the examination period s, □ _.i.s a lica~on was struck off the role for lack of urgency. { i_~ } ~ ll Pagc' African , , Union • L) ~ ~ "' 'o -;;.~ :t.s- ~-\.l"' -----~ g ,.f;'i;J ~ ,._, The Afri can Comm ission o"'-.~um a'ffQ)fl~.~ 1t,~s•~ ts 31 Bijilo Annex 15 o<.i-.,~mb ~~ strict, W'es • n Gambia Phone : (220) 230 4361 Fax: (220) 441 05 04 Fm :til· ~11-h:::ini11lm):::ifrir.:::i-1 ininn nrn