Previous 1 / 10 Next

Docusign Envelope ID: 77CC6541-7A9CA C l~ i DP 4 f ~. African Commission on Human and Peoples· Riqhts urna·, R ts our Col ect1 P Res 1s•b:h·'t COMMUNICATION 783/22 Johannes Moko(represented V The Republic of South Africa Adopted by the African Commission on Human and Peoples• Right., During the 83"1 Ordinary Session held in Banjulfrom zlli to 21"' May 2025, Banjul, The Gambia ........... Ms. Abli Execu Comm/. Rights Hon. Ca Chairpe on Human rn,JRMrn. an pies' The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kornbo North District. West Coast Region Phone: (220) 23D 4361 Fax: (220) 441 05 04 Ema iJ: au-banjul@africanunion.org A'lQg,ndtt-e African Union https:/act,pr_au.int/0 0 a ec/eh/AIO

Select target paragraph3

● ● ●

Communication 783/22 – Johannes Moko v. The Republic of South Afric

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Admissibility
Domestic/National Laws
Education
Exhaustion of Local Remedies
Right to Health

Case Head Notes: Johannes Moko alleged that he was prevented from sitting his Business Studies Paper 2 examination at Malusi Secondary School in November 2020 because he had not attended certain extra classes. He subsequently approached the South African courts and was granted an undertaking concerning counselling services. Before the African Commission, he alleged violations of his right to health, including failure to provide the counselling services, and sought US$300,000 in compensation. 78322 Johannes Moko v. Republic… 78322 Johannes Moko v. Republic… The Commission found that the alleged violation of the right to health arising from the failure to provide counselling services, as well as the claim for compensation, had not been litigated before the South African courts. Consequently, the Complainant had not exhausted local remedies as required under Article 56(5). The Commission also found that the Communication had not been submitted within a reasonable time under Article 56(6), noting that it was received 14 months after the Constitutional Court judgment and that no sufficient justification for the delay had been provided

Country

South Africa

Outcome: Ruled Inadmissible

Year Decided: Mar 11, 2025

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 16: Right to Health
ACHPR 16.1: Right to Enjoy the Best Attainable State of Physical and Mental Health

Rights Violated (ACHPR Provisions)

None Indicated

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Feb 16, 2022 ~ Mar 11, 2025

Country Geolocation

Latitude: -30.559482

Longitude: 22.937506

Country Geolocation (linked ACHPR Decision): South Africa

Primary Documents

78322 Johannes Moko v. Republic of South Africa.pdf
English
Download View

African Human Rights CLA 2.0

Select target paragraph3

Communication 783/22 – Johannes Moko v. The Republic of South Afric

Primary Documents

Notifications