The High Court in Pretoria will on Tuesday, 7 January 2025, hear an urgent application brought by the Information Regulator to halt the publication of the 2024 matric results through traditional media channels.
This marks the latest development in a heated standoff between the regulator and the Department of Basic Education (DBE), with the stakes revolving around privacy rights and access to information.
What to expect in court
The Information Regulator is seeking an interdict to prevent the DBE from releasing matric results via newspapers, digital platforms, and school bulletin boards.
Central to its argument is compliance with the Protection of Personal Information Act (POPIA), which the regulator claims is being breached by the public release of learner results without explicit consent.
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Tensions have escalated in recent months, with the regulator imposing a R5 million fine on the DBE in December 2024 for failing to safeguard students’ personal information.
This fine followed claims of insufficient measures to protect exam numbers from unauthorized access.
The DBE, however, maintains that its current practices adhere to a 2022 court ruling affirming that publishing results using unique examination numbers does not infringe on privacy laws.
Minister Siviwe Gwarube has defended the practice as beneficial for learners, particularly those who cannot easily collect their results from schools.
The Backstory: A debate on privacy and access
The Information Regulator’s case hinges on its interpretation of POPIA, arguing that public dissemination of matric results violates the privacy of learners, guardians, and parents.
In November 2024, the regulator issued an enforcement notice against the DBE, warning that failure to comply would result in legal action.
Despite this, the DBE confirmed its intent to publish the results nationwide, citing precedent and logistical convenience.
Minister Gwarube noted that previous rulings deemed the public release of results both practical and equitable, particularly for rural students who rely on newspapers to access their results.
Adding complexity to the matter is the involvement of AfriForum, the conservative lobby group known for its staunch advocacy of Afrikaans education and related causes.
Surprisingly, AfriForum has joined the court proceedings in opposition to the regulator’s stance.
Its representative, Alana Bailey, argued that publishing results is in the public interest and serves as an important accountability tool for the education sector.
AfriForum also referenced the 2022 ruling, stressing that the use of examination numbers rather than names offers sufficient privacy protection.
For the nearly 900,000 matriculants, the outcome of Tuesday’s court hearing will determine whether they can access their results through traditional media on 13 January 2025, as planned, or if alternative measures will need to be implemented.
