The applicant, Johannes Moko, was a Grade 12 learner at Malusi Secondary School in Limpopo. On 25 November 2020, he arrived at school to write the Business Studies Paper 2 examination, part of the National Senior Certificate (matric) examinations. The acting principal prevented him and two other learners from entering the school because they had allegedly not attended extra lessons, instructing them to return with their parents or guardians. Moko was unable to secure a parent or guardian in time and returned alone, only to find the gates locked. Although he was later allowed onto the premises after intervention by a third party, the examination had already begun and the principal refused him entry to the exam room. As a result, Moko missed the examination. Education authorities informed him he could only write a supplementary exam in May 2021. His urgent application in the High Court was struck from the roll for lack of urgency, prompting him to seek urgent direct access to the Constitutional Court.
The Court granted leave for urgent direct access; declared that the conduct of the acting principal violated the applicant’s right to education under section 29(1) of the Constitution; ordered the second to fifth respondents to allow the applicant to write the Business Studies Paper 2 examination by 15 January 2021; directed that the results be released together with the general release of the 2020 matric results; and ordered the first to fourth respondents, jointly and severally, to pay the applicant’s costs, including costs of two counsel, in both the Constitutional Court and the High Court.
The case is significant for affirming that the constitutional right to basic education in section 29(1)(a) extends to the entirety of school education, including Grade 12 and matric examinations. It reinforces that the right is immediately realisable and may not be unjustifiably limited by school authorities. The judgment underscores the constitutional obligations of school principals as organs of state and highlights the Constitutional Court’s willingness to grant urgent direct access where learners’ educational futures are at stake.