/\c. ·"'CHP!!_. H PR f~~~\:,, f-\ ' • . . '\ J~ t African Cornrn1ss1on on Human Rights our Human and Peoples' Ri~Jhts Collective Respon sibility 7. On the 28 th of October 2020, the Complainant received a letter from the the Acting Chief Executive Officer of the Mankweng Hospital notifying her of the Limpopo Health Department's decision. 4 8. The Complainant then seized the Labour Court of South Africa in Selemabothokgo Magdeline Rachidi v The Head of the Department of Health and 2 others, Case No. J1231/20 (Labour Court Case No. J1231/20) seeking urgent interim relief to halt the deductions from her salary. 5 9. On 17 November 2020, the Labour Court dismissed the application, for lack of jurisdiction, indicating that the matter falls under the competence of the Bargaining Council or the Arbitration of the Bargaining Council, if unresolved by the Arbitration of the Bargaining Council. 6 10. Subsequently, the Complainant seized the High Court with an urgent application in Selemabothokgo Magdeline Rachidi '( Head of Department ()f Health Limpopo and another, Limpopo Division, Polokwane, Case No: 2628/2021 (High Court Case No: 2628/2021 ), which on 23 rd April 2021, was struck off from the roll, for lack of urgency. 7 11. The Complainant then filed an urgent Application for direct access at the Constitutional Court in Selemabothokgo Magde/ine Rachidi v Head of Department of Health Limpopo and Another, Case CCT 134121 (Constitutional Court Case CCT 134/21) which was on 3rd May 2021 dismissed ,because no case was made out for urgency and direct access. 8 •• 12. After this, the Complainant approached the Comrryission on 16 February 2022. ) ;n\it• • ARTICLESALLEGED TO HAVE BEEN VIOLATED 4 Complainant's Observations para 37-38; Annexure SMRS 5 Complainant's Observations, para 43 6 Complainant's Observations, para 43 7 Complainant's Observations, para 22 8 Complainant's Observations, para 26-29 21 P age The African Commission on Human and Peoples' Rights 31 Bijilo An nex Layout, Kombo North District, West Coast Region Gambia Phone : (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjiJl@africa-union.org httos:/achor.au.int/0 0 a