‘Disappointed’ Information Regulator says court loss doesn’t mean publishing matric results is lawful

The Information Regulator (IR) says it expects the Department of Basic Education (DBE) to comply with its enforcement notice, despite a recent legal setback concerning the 2024 matric results.

In December, the IR filed an interdict application to prevent the publication of the National Senior Certificate (NSC) examination results in newspapers.

The regulator cited concerns about potential violations of students’ privacy rights under the Protection of Personal Information Act (Popia).

Legal battle over matric results

However, the North Gauteng High Court in Pretoria struck the application off the roll with costs on Wednesday, citing a lack of urgency.

The case had been heard the day before.

The litigation followed the IR’s decision to impose a R5 million fine on the DBE for failing to comply with an enforcement notice issued on 18 November.

ALSO READ: R5m fine fuels tension over publishing matric results

The notice required the department to confirm within 31 days that it would refrain from publishing matric results in newspapers and to adopt alternative methods of sharing results that align with Popia requirements.

The DBE was given 30 days from 23 December to pay the administrative fine and had the right to appeal the notice.

However, according to the IR, the department failed to meet the 19 December deadline to file an appeal.

In its defence, the DBE argued that it had lodged an appeal with the high court on 13 December.

IR disappointed

With the matric results expected to be released next week, the IR expressed disappointment in the court’s decision.

The regulator highlighted that the DBE’s decision to proceed with publishing the results did not absolve it of non-compliance.

“This is because the regulator’s orders are not suspended by the high court’s decision today, nor by any appeal. No appeal is currently before the court,” the IR said in a statement.

READ MORE: Education dept says Sheriff served Regulator matric results appeal day before deadline

The regulator reiterated that the court’s decision to strike the matter off the roll did not mean the legal dispute was over, saying that the matter would be heard sometime this year.

“The decision of the high court today does not mean that the processing of personal information of the matriculants, by publishing their exam numbers and results, is lawful.

“The regulator maintains that position, and the merits of our case will be dealt with should the DBE lodge an appeal, which will be heard, possibly, on an expedited basis,” the statement added.

The IR further emphasised its ongoing expectation of compliance and its readiness to enforce its notices using all legal avenues available “until such time as an appeal against the orders of the regulator is brought before court”.

Parliament calls for focus on matric pupils

Amid the controversy, Parliament has called on both the IR and the DBE to prioritise the well-being of matric pupils.

Joy Maimela, chairperson of the Portfolio Committee on Basic Education, expressed concern over the uncertainty caused by the legal battle, noting its potential to heighten anxiety among pupils awaiting their final results.

“We appeal to all to not add to heightened stress levels. The back and forth can lead to added anxiety for these candidates,” she said.

“We are on the eve of the announcement of results. Let us rather focus on all our learners’ emotional and psychological well-being and support them as best as we can,” Maimela added.

NOW READ: Matric results: Candidates reminded to fetch their NSC statements from designated exam centres