u;:~~~-~~- AC H PR 1 African Commission on Human and Peoples' Riqhts Human Rights our Collective Responsibil ity Decision Of The African Commission on Human and Peoples' Rights on Admissibility Communication 785/22 Selemabothokgo Magdeline Rachidi and the Republic of South Africa Summary of the Complaint: 1. The Secretariat of the African Commission oh Human and Peoples' Rights (the Secretariat) received the Complaint on the 16th of February 2022. 2. The Complainant is Selemabothokgo Magdeline Rachidi, a South African citizen, employed by the Limpopo Department of Health hereinafter referred to as Limpopo Health Department) as a Staff nurse at the Mankweng Hospital. The Respondent State is the Republic of South Africa. 3. According to the Complainant, she was translated from Staff Nurse to Professional Nurse. 4. She was enrolled in that capacity on the 3pt of May 2019 and began performing the duties of Professional Nurse on the pt of June 2020. 1 5. The Complainant avers that on 14 September 2020, the Department of Health, by letter addressed to the Chief Executive Officer of Mankweng Hospital reversed the translation and decided that the payments made to the Complainant as Professional Nurse with effect from the 1st of June 2020, be recovered by way of deductions from her salary. 2 6. According to the letter of the 14th of September 2020, the reason for the reversal was that the Complainant had been wrongfully translated as she was n • . - HU• 4• - for appointment to the position of Professional Nurse at the time of her,,t <fil'SJ~io~&t ~"-'0 .o/'•~ ~ .- ..,.0 ~ c, 0-0 .._ ;:- < :,. t \ :i O • / /7 ;<r (") U Ill O · \'-2 o · \t ~- ::- <fl ,; \ • Gl I ~r AU-UA f v, i "t. -----~ (:) ' 1 Complainant's Observations on Admissibility and Merits, para 41 (Hereinafter referre • o (af· ~ 4.·R1CP.II"~ e -o"',_,~...,'<-0 ,.1 Complainant's Observations) • _110,.,,"-IE ET o£.S I'~"' 2 Complainant's Observations, para 35 ·---~--- 3 Complainant's Observations para 36; Annexure SMR4 • ll Page A The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layo ut, Kombo North District, West Coas t Reg ion Gambi a Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-baQjuL@africa-uni on.org httos:/achor.au. int/0 (i a