South Africa’s matrics of 2021 may now get their examination results via the media, as they have done for years. This was confirmed by the Gauteng High Court’s Pretoria Division yesterday (19 January 2022). Court Order Against this backdrop of events, South Africans have been debating how the Protection of Personal Information Act (POPIA) would affect the publication of matric result-related information in general. In this feature, legal expert Helene Viljoen answers some key questions.*
- The Department of Education (DOE) initially decided against publishing results
The act defines personal information as “information relating to an identifiable, living, natural person” and indicates that information relating to a person’s education is included in the definition. POPIA requires anyone seeking to process or publish another’s personal information to get the latter’s permission. On January 10 the Department of Education indicated that 2021’s examination numbers and results would not be published.
- The DOE’s decision challenged
Matriculant Anlé Spies, Afriforum and Maroela Media challenged their decision in court by means of an urgent application. They argued that a matriculant’s examination registration number does not in itself identify the person to whom it relates. Therefore, they requested the court to order the DOE’s publication of examination results.
- The court order
The department did not oppose the application, and an order was issued setting aside the January 10 resolution. It ordered the Minister of Basic Education to publish the results, but specifically forbade the publication of students’ names and surnames. In a press release, Afriforum’s manager of education rights, Natasha Venter, and media liaison, Chanté Kelder, explained that media platforms may proceed to publish the information.
- How does POPIA affect the South African media?
While yesterday’s court order sets out how the 2021 matric results must be approached, the act indicates how the South African media is to approach personal information. According to the South African Press Council’s website, the act indicates that media outlets that prescribe to an appropriate code of ethics must deal with personal information as the relevant code dictates. The South African Press Code is one example of such a code. Subscribers to the Press Code may therefore process and publish personal information as long as they do so for the purpose of lawful and ethical journalism. Click here for the South African Press Council’s detailed video explanation. (https://youtu.be/JCnr5ZW4_DI) *Viljoen is an admitted attorney and sits on the South African Press Council’s Panel of Adjudicators. She is also the legal and compliance adviser of CTP Limited (Caxton).
