Despite losing a court battle, the Information Regulator of South Africa said if the Department of Basic Education (DBE) goes ahead and publishes the 2024 matric results in newspapers, it will be guilty of non-compliance.
The regulator released a statement on Wednesday after the North Gauteng High Court in Pretoria dismissed its urgent application to interdict the DBE from publishing matric results in newspapers.
Judge Ronel Tolmay said that the regulator's urgency in rushing to court at the last minute was self-created.
The regulator said it was disappointed with the court's decision but welcomed the judicial process.
However, it added that if the DBE plans to publish the results in the newspapers, they will still be guilty of non-compliance regarding the regulator’s orders.
The regulator insists that the DBE contravened various sections of the Protection of Personal Information Act (POPIA) by releasing results in newspapers.
On November 18, 2024, the regulator issued the DBE with enforcement prohibiting the department from publishing 2024 matric results in newspapers.
The department was given 31 days to provide the regulator with an undertaking that it would not publish the results in newspapers, but the notice was ignored by the department.
In December, the regulator slapped the DBE with a R5 million fine for not upholding the enforcement notice.
The regulator said its orders are not suspended by the high court's decision, nor by any appeal.
"No appeal is currently before the court. Additionally, 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.
"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," said the regulator.
Meanwhile, Basic Education Minister Siviwe Gwarube confirmed that the DBE will publish the results on January 14.
She also thanked the regulator on social media for raising their concerns and said she will continue to work with them to address any further concerns in the interest of advancing education and supporting the regulator.
The results will, however, be published using only the candidate’s exam number, as the court in 2022 ordered that no names may be made public.
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