Afriforum to take on Information Regulator over matric results

The South African Teachers Union (SAOU) supports the public publication of matric results because matriculants are not personally identifiable, as only their examination numbers are disclosed.

SAOU executive Officer Paul Sauer said they also supported the current modus operandi of the Department of Basic Education (DBE) to disseminate the results.

“However, we are aware that with the new trends in technology, as well as the switch-off of print media, this problem will become less in the future,” he added. 

Information Regulator order

Earlier this month, the DBE said it would go ahead with the publication of matric results in newspapers on 14 January. This is despite an order from the Information Regulator (IR) that the results should not be published in newspapers.

DBE spokesperson Elijah Mhlanga said the department was no longer releasing the names and surnames of the candidates, and therefore not contravening the Popi Act.

“They are saying by releasing the results we are contravening with the Popi Act, but we argued that we are only using examination student numbers, not names like we did last time,” said Mhlanga.

“Exam numbers are not identifiable, I mean you cannot know who the number belongs to. That is where we are standing,” he explained.

Afriforum join case

This has resulted in a dispute between the IR, DBE and AfriForum over the release of the matric results.

Last month, the IR announced that it would fine the DBE R5 million for failing to comply with an enforcement notice in November, which ordered the department to make an undertaking that it would not publish the 2024 matric results in the media.

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However, AfriForum Head of Cultural Affairs Alana Bailey said the civil rights organisation was ready to oppose IR’s urgent court application regarding matric results.

“AfriForum’s legal team has informed the IR that it is ready to take legal action if the IR proceeds with an urgent application to prevent the publication of the 2024 matric results. In a letter to the IR’s legal representative, AfriForum requested to be added as a co-respondent if the IR goes ahead with the case against the Department of Basic Education on 7 January 2025,” she said.

Bailey said the request was based on compliance with the court order issued on 18 January 2022, which recommended the publication of matriculation results.

“At the time, AfriForum and other parties brought the case to ensure that the 2021 matric results could be published on public platforms. The court order confirmed AfriForum’s opinion that the publication of examination numbers without names provided sufficient protection of the privacy of the matriculants while also being in the public interest,” she added.

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Bailey said this past week, the IR not only announced that it was fining the DBE for the intended publication of the results but also approached the court on an urgent basis to try to stop the publication thereof.

“Based on the court order, AfriForum considers the enforcement order of the IR invalid and is therefore ready to oppose any action against the DBE and the publication of the results. Matriculants have a right to privacy, but also the right to access their results on public platforms, provided that their names are not published. This is an established practice, and the court has already conceded that this is in everyone’s interest,” she said.

Popi Act breach claims

In November, the IR spokesperson Nomzamo Zondi said the DBE was issued with an enforcement notice on 4 November 2024.

The IR found that the department was not compliant with Section 11 of the Popi Act. It was found to be in breach of the conditions for the lawful processing of personal information, specifically by failing to obtain consent from either the pupils or their parents or guardians, for publishing the results of the 2023 National Senior Certificate examinations.

Zondi said the IR has directed the DBE to obtain consent from parents or guardians of pupils who will write the matric examination in 2025 before publishing their results in newspapers.

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