R5m fine fuels tension over publishing matric results

There are split views on whether the department of basic education (DBE) should publish the 2024 matric results when they are released in two weeks.

Amid a legal battle, the department has been fined R5 million for its intention to publish the results.

Last month, the Information Regulator (IR) issued an enforcement notice aimed at preventing the publication of the results in local newspapers, raising concerns about breaching the Protection of Personal Information Act (Popia).

Preventing publication of matric results in newspapers

The matter will be heard on 7 January, just days before the results’ release on 14 January.

Yesterday, DBE spokesperson Elijah Mhlanga said Basic Education Minister Siviwe Gwarube had had engagements with the chair of the IR to find a resolution to the matter that does not include adversarial court proceedings.

ALSO READ: Don’t daze through December: How to prepare for your future while waiting for your matric results

He said the department was confident that the engagements would produce a workable compromise.

“When the Popia Act came into effect on 1 July, 2020, the department was equally affected by it, just like any other organisation that handles personal information,” he said.

“The decision was taken to also afford the department time to interrogate the Act and put in place measures to comply with it.”

Hope engagements produce workable compromise

Mhlanga said AfriForum and Maroela Media previously took the department to court and a court order instructed them to release the results to newspapers that wanted to publish them.

“The department did so. The department would be in contempt of court if it doesn’t release the results to newspaper houses. It is bound by a court order of January 2022,” he said.

ALSO READ: Afriforum to take on Information Regulator over matric results

Mhlanga said the fine imposed by the regulator was noted, but “we believe it was issued in error because the regulator assumed that the department had not responded to the enforcement notice”.

He said the department had filed court papers and all due process were followed.

President of Education International Dr Mugwena Maluleke said the regulator knew about the court order allowing the department to publish exam numbers which do not expose details like IDs and names.

‘Respect court’s judgment’

“So, the regulator should respect the court’s judgment,” he said.

However, political analyst Dr Benjamin Rapanyane disagreed, saying anything that would be in violation of law should not be entertained. “The education department is aware of the Popia regulations and therefore should not plan in violation of it,” he said.

ALSO READ: Class of 2024: Matric results, re-markings and rewrites — everything you need to know

Governing Body Foundation CEO Dr Anthea Cereseto said: “It is problematic because results are personal and there is private information so the regulator is right to insist that the department follows the law.”

She questioned whether those who volunteered for the results to be published at the beginning of the year could withdraw their consent at the end, if they felt differently about their decision.

“It’s got to be voluntary. To what extent was it voluntary when students filled out that form at the beginning of the year? The exam number comprises the centre which already reveals information about the school and the pupil. The candidate’s number is also in alphabetical order according to the school records so it would be identified,” she said.

‘It’s got to be voluntary’

Wonderboom High School principal Marius Lazer said most parents and pupils at his school wanted the results be published.

“Only the pupils’ examination numbers are published, which means that candidates’ identities are not revealed,” he said.

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