In a rapidly evolving legal saga, AfriForum has signalled its intention to take legal action against the Information Regulator (IR) regarding an urgent application aimed at halting the publication of 2024 matric results in newspapers.
At the heart of the dispute is whether the Department of Basic Education’s (DBE) method of sharing examination results aligns with the stringent requirements set forth in the Protection of Personal Information Act (POPIA).
Alana Bailey, AfriForum’s head of Cultural Affairs, confirmed in a recent statement that the organisation’s legal team is preparing to lay the groundwork for a case to ensure that matriculants’ results are available across media platforms.
This move comes after the IR’s decision to prohibit the publication of these results was revealed, raising questions about the rights of matriculants to have their achievements shared publicly.
The IR’s application seeks to block the results’ publication until the DBE adheres to previous compliance orders under the POPI Act.
The legal matter will be heard on January 7, only days before the results are set to be released. Meanwhile, the DBE maintains that it will proceed with the publication of the results in accordance with a prior court ruling.
This legal nuance recalls a similar scenario in January 2022, when AfriForum, in collaboration with Maroela Media and a concerned matriculant, successfully challenged the DBE’s attempt to prohibit the publication of the 2021 results.
At that time, the court sided with the parties, reinforcing the belief that public disclosure of results does not infringe upon individuals’ privacy rights; only examination numbers are published, not personal details.
“This is not simply a matter of privacy, as the information shared is minimal at best. The court has already ruled in favour of our position in the past. It is crucial for this year’s matriculants to have their hard work reflected in the media as it has been traditionally,” Bailey stated.
In its proactive stance, AfriForum has formally requested to be added as a co-respondent in the legal proceedings should the IR move forward with the case against the DBE on January 7.
The urgency of this legal predicament comes amid the backdrop of a commitment to educational excellence from government officials.
Minister in the Presidency Khumbudzo Ntshavheni recently praised the successful execution of the matric exams, noting the establishment of 181 ready-for-audit marking centres across the nation.
The anticipated release date for the national matric results is set for January 13, with provincial results to follow on January 14.
Basic Education Minister Siviwe Gwarube has also publicly expressed her gratitude to all involved in the exam process, from teachers to parents, acknowledging their dedication to creating a fair and credible education system.
“Your hard work has been instrumental,” she remarked, urging the continual pursuit of excellence within South Africa’s educational framework.
The Star