‘Publish matric results’: Court dismisses regulator’s bid to ban pratice

The court ruling that the department of basic education should continue publishing matric results in the media was welcomed yesterday, as the Information Regulator (IR) lost an attempt to stop the public dissemination.

Yesterday, the High Court in Pretoria dismissed an urgent application by the IR, upholding the publication of examination numbers. The regulator had argued that the use of candidate numbers in the release of results in the media contravened the Protection of Personal Information Act.

AfriForum’s head of cultural affairs, Alana Bailey, said they were relieved, on behalf of the matriculants of 2024, that they will receive results in the usual way.

AfriForum relieved on behalf of matrics

“The Information Regulator claimed to have conducted research, but no evidence was presented. If students feel disappointed with their results, that trauma exists, regardless of publication.

“Instead, the focus should be on providing adequate mental health support for pupils, which remains lacking. This is a gap that both the departments of health and basic education need to address,” she said.

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

Judge Ronel Tolmay handed down the judgment in favour of the department. Tolmay said there was no evidence of consequence placed before her in court and the effect of the decision on candidates should have taken centre stage.

An order issued by the high court in 2022, permitted the department to publish matric results in the media using examination numbers and omitting candidates’ names for their privacy. According to Bailey, this order was still valid.

The regulator also fined the department of basic education R5 million for failing to comply with an enforcement notice in November, which ordered the department not to publish the 2024 matric results in the media.

IR fined DBE R5m

Bailey said AfriForum does not believe publishing results violates the privacy of pupils, as argued by the Information Regulator.

AfriForum was added as a fellow respondent alongside the department and a few other parties.

ALSO READ: Information Regulator loses interdict bid, matric results to be published

“If matriculation exam numbers are used, the pupils’ privacy is protected. Additionally, the department of basic education is implementing a system where pupils or their parents must provide consent for results publication.

“This will ensure greater security and privacy. Those who wish to have their results published will still have access,” Bailey said.

On Tuesday, the EFF became the latest to throw its weight behind the Information Regulator’s stance that the release of matric exam results publicly creates an opportunity for ridicule and humiliation and slammed the department for defending the practice.

EFF supports IR

However, Bailey argued that the concerns remained the same, whether results were published online or in print.

“This case is important because it examines the balance between public interest and privacy.

ALSO READ: Matric results: Court to rule on publishing of 2024 results on Wednesday [VIDEO]

“We can find that balance in between the two, but to completely remove the newspapers for somebody who doesn’t have connectivity, or who doesn’t have airtime or data, it will be an issue.”

Dr Anthea Cereseto, national CEO of the Governing Body Foundation, said the judgment was a welcomed directive to ending the standoff.

“This matter should have been resolved after the 2022 judgment, where the courts gave an order to publish. The expectation was that the matter would be addressed before the next set of results were published.

Matter should have been resolved after 2022 judgment

“So, for this year, I think the court’s decision to publish is correct. It’s very late in the day for this specific order to come through now,” she said.

“At the moment, individual results by exam number offer reasonable protection. Pupils consented when entering the exam, though whether this consent meets explicit standards is a separate matter. But ideally, the department and regulator should address these issues collaboratively to avoid court actions.”

NOW READ: Information Regulator insists publishing 2024 matric results violates Popia, urgency questioned