Matric learners at Sekano-Ntoane Secondary School in Soweto prepare to sit for their first Matric exam on 5 November 2020. Picture: Tracy Lee Stark
Amid a legal battle, the Department of Basic Education (DBE) has been fined R5 million in relation to the publication of the 2024 matric results.
Last month, the Information Regulator (IR) issued an enforcement notice aiming to prevent the release of matric results in local newspapers, citing concerns related to the Protection of Personal Information Act (Popia).
Despite the DBE’s efforts to challenge the notice in the North Gauteng High Court in Pretoria, the IR proceeded with the penalty.
On Monday, the IR issued an infringement notice, directing the DBE to pay a R5 million administrative fine for failing to comply with the enforcement notice issued on 18 November.
The regulator stated that the department was required to confirm within 31 days whether it would refrain from publishing the matric results and to ensure the results were shared with pupils through methods compliant with the Popia.
According to the IR, failure to comply with the enforcement notice could result in an administrative fine of up to R10 million or lead to the conviction of responsible officials, potentially facing additional fines or imprisonment.
The deadline for compliance expired on 19 December.
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“To date, the department has not provided the regulator with an undertaking that it will not publish the results of the 2024 matriculants in the newspapers as ordered in the enforcement notice or any other communication in that regard.
“The DBE had the right to appeal the enforcement notice in terms of section 97(1) of Popia.
“Popia provides amongst others that if an appeal is brought, the enforcement notice need not be complied with pending the determination or withdrawal of the appeal.
“The regulator had not been served with the appeal application by close of business on 19 December, despite media reports that the DBE had lodged an appeal against the decision of the regulator in the high court,” the IR’s statement reads.
IR chairperson Pansy Tlakula emphasised that the department’s intention to share the results in newspapers was prohibited.
“The DBE cannot disobey lawfully issued orders of the regulator without following the procedure stipulated in Popia,” she said.
Tlakula also reiterated that the orders issued by the IR carried the “fullest legal force and effect”.
“The regulator had not yet been served with the DBE’s appeal against the orders issued against it.
“For this reason, these orders remain of full force and effect and must be complied with,” the statement further reads.
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