The High Court in Pretoria is set to deliver a highly anticipated judgment today on whether the 2024 matric results will be published in newspapers and digital platforms, as has been customary.
Judge Ronel Tolmay will hand down her ruling following an urgent application by the Information Regulator (IR) to block the public dissemination of the results, citing privacy concerns under the Protection of Personal Information Act (POPIA).
The case at a glance
The Information Regulator’s legal battle with the Department of Basic Education (DBE) and AfriForum centres on whether publishing matric results without explicit consent violates POPIA.
- The IR contends that the DBE has not obtained the necessary consent from all matriculants, making the publication unlawful.
- The DBE argues that it is acting in compliance with an existing 2022 court order, which permits the release of matric results using unique examination numbers instead of names, thus protecting personal privacy.
- AfriForum, joining the DBE in opposing the regulator, has called the urgency of the application “self-made” and claims there is no public harm in releasing the results.
The IR has proposed alternative methods, such as secure SMS platforms, to ensure that matriculants receive their results privately.
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However, the DBE has expressed scepticism over the feasibility of implementing such systems on short notice, especially given that the results are scheduled for release on Monday, 13 January 2025.
Key arguments heard in court
During Tuesday’s court proceedings, both sides presented robust arguments:
- Information Regulator: Advocate Kennedy Tsatsawane argued that the public release of results violates POPIA and that the DBE’s defiance of the IR’s enforcement notice issued in November 2024 created the urgency of the matter. He emphasised that the 2022 ruling in favour of AfriForum did not address POPIA violations and called for a declaratory order to settle the issue.
- Department of Basic Education: Advocate Marius Oosthuizen maintained that the regulator had ample time to act following the 2022 judgment. He argued that withholding the results would create unnecessary delays and confusion for matriculants, especially those in rural areas who rely on newspapers to access their results.
- AfriForum: Advocate Quintus Pelser pointed out that matric results have been published without incident since the 2022 ruling, using anonymised data. AfriForum emphasised that transparency in the education sector is in the public interest and argued against the regulator’s proposed alternatives, which they deemed impractical.
What to expect today
Judge Tolmay’s ruling will determine whether matric results can be published through traditional channels on Monday, 13 January 2025, as planned.
The judgment is expected to address:
- Whether the 2022 court order remains binding in the context of POPIA.
- Whether the DBE’s practices align with data protection laws.
- The practicality of implementing alternative methods for disseminating results.
Should the court side with the IR, it could signal a significant shift in how matric results are shared, potentially affecting over 900,000 matriculants and the education sector’s transparency.
