The Information Regulator (IR) had directed the Department of Basic Education to refrain from publishing the 2024 matric results in the media. Picture: Boksburg Advertiser
With less than a month before matric results are released, the Basic Education Department (DBE) says it will urgently engage with the Information Regulator (Regulator) about the publication of the results.
On Monday, the Regulator issued an Infringement Notice to the DBE ordering the department to pay an administrative fine of R5 million following its failure to comply with the Enforcement Notice issued by the Regulator on 18 November 2024.
The Regulator had issued the Enforcement Notice following the finding of the contravention of various sections of the Protection of Personal Information Act (POPIA) by the DBE.
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The Enforcement Notice had ordered the DBE to provide an undertaking “that it will not publish the results of the 2024 matriculants in the newspapers” within 31 days from the date on which the order was served.
It also ordered that the department “must not publish the results for the 2024 matricula in newspapers and must make these results available to the learners using methods that are compliant with POPIA.”
The Regulator indicated that should the DBE fail to abide by the Enforcement Notice within the stipulated timeframe, “it will be guilty of an offense, in terms of which the Regulator may impose an administrative fine in the amount not exceeding R10 million, or liable upon conviction to a fine or to imprisonment of the responsible officials”.
The 31 days given to the department expired on 19 December 2024.
On Monday, the Regulator said the department had not provided an undertaking that it will not publish the results of the 2024 matriculates in the newspapers, or submit an appeal.
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The DBE was given 30 days from 23 December 2024 to pay the administrative fine, or make arrangements with the Regulator to pay the administrative fine in instalments or elect to be tried in court on a charge of having committed the alleged offense referred to in terms of POPIA.
On 15 December, the DBE announced it had lodged an application to set aside the enforcement notice issued by the Regulator.
According to spokesperson Elijah Mhlanga, the department filed its papers at the North Gauteng High Court in Pretoria on Friday, 13 December.
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In its papers, the department argued that the publication of the matric examination results in its current format (only the examination number and the results) in the newspapers is not information that relates to an identifiable learner.
The department argues that the IR should demonstrate how the publication of matric results in their current form violates the POPI Act.
On Monday, the DBE said it noted the Regulator’s notice.
“The State Attorney confirmed to the Department on 18 December 2024 that the Registrar of the High Court approved the application on 17 December 2024 and that the appeal application was being served by the Sheriff of the High Court on the Information Regulator on 18 December 2024,” said the DBE.
“The enforcement notice was received by the Department on 18 November 2024. The Department made its appeal to the High Court on 13 December 2024.”
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The DBE said it would engage the Regulator on the matter via the State Attorney and its counsel “as a matter of urgency”.
“The Minister still maintains her view that inter-governmental issues can be resolved through dialogue and resorting to adversarial legal proceedings.”
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