The acting principal still refused to allow Moko to enter the examination room, and Moko subsequently missed the exam.
Moko was told he will be able to write a supplementary exam in May 2021.
Aggrieved by this decision because he wished to pursue tertiary education at the start of 2021, Moko brought an urgent application to the high court in Limpopo for an order that he be given an opportunity to write the missed examination soon.
“The high court, for reasons which cannot be fathomed, struck the matter off the roll for lack of urgency,” justice Sisi Khampepe said on Monday as she read the summary of the unanimous judgment she wrote.
Moko then applied for leave to approach the ConCourt on an urgent basis for an order that the conduct of the acting principal was inconsistent with the right to basic and further education entrenched in the constitution.
Moko requested that he be afforded the opportunity to write the exam before the marking of other matric scripts and the release of other matric results.
The department of basic education, Umalusi and the acting school principal did not oppose his application. The department offered Moko an opportunity to write the missed exam in January 2021.
The court determined the application from papers without oral submissions.