The Information Regulator has expressed disappointment after it lost its bid to interdict the Department of Basic Education (DBE) from publishing matric results in the media.
Judge Ronel Tolmay yesterday threw out the urgent court application by the regulator to stop the department from going ahead with publishing the 2024 matric results in the media.
The watchdog says the publishing of the results in media is in contravention of the Protection of Personal Information Act (POPIA).
The 2024 National Senior Certificate examinations results will be released next week on Tuesday 14 January.
In her ruling, the judge concluded that the matter was not urgent and should be struck from the roll and ordered the regulator to pay the costs.
Following the verdict, DBE spokesperson Elijah Mhlanga took to social media to say the department will proceed with publishing of matric results in the media.
“Naturally, the regulator is disappointed that the decision was not in its favour,” says the watchdog in a statement.
It notes that the regulator’s urgent application was about compliance with POPIA and the enforcement of the orders made by the regulator to the DBE.
South Africa’s data privacy enforcer in December issued the DBE with an infringement notice, in which it ordered the department to pay an administrative fine of R5 million following its failure to comply with the enforcement notice issued by the regulator 18 November 2024.
The DBE was issued with the enforcement notice for contravention of various sections of POPIA after it failed to obtain consent for the publication of matric results from learners or parents/guardians of learners that sat for the 2023 National Senior Certificate examinations, according to the regulator.
“The regulator welcomes judicial processes that may help to illuminate certain aspects of POPIA, particularly on the issue of the obligations of responsible parties in complying with the orders of the regulator and in protecting personal information that they hold about data subjects, such as the matriculants in this case,” says the regulator in the statement.
However, it notes that if the DBE is to proceed with the publication of the results in the newspapers, it will still be guilty of non-compliance with the regulator’s orders.
“This is because the regulator’s orders are not suspended by the High Court's decision, nor by any appeal. No appeal is currently before the court,” it notes.
Additionally, it points out that the High Court’s decision means that the matter will then have to be heard in the normal course insofar as the orders relating to the 2025 results are concerned.
According to the regulator, the decision of the High Court 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.
“Until such time as an appeal against the orders of the regulator is brought before court, the regulator will continue to expect compliance with its orders and will do what is provided for in the law to enforce its orders.”
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