
Pretoria – The Department of Basic Education has requested that the high court invalidate the enforcement notice issued by the Information Regulator, which forbids the publication of matric results in newspapers.
Last month, the Information Regulator served an enforcement notice to the Department of Basic Education, mandating the cessation of the annual publication of matric examination results in local newspapers.
The enforcement notice was issued to prevent the release of the 2024 matric results in newspapers, citing non-compliance with South Africa’s data protection legislation, known as the Protection of Personal Information Act (POPIA).
However, the department asserts that publishing the results in newspapers does not contravene the provisions of POPIA.
On Friday, (13 December 2024), the department filed legal documentation with the North Gauteng High Court in Pretoria.
“The appeal indicates that the enforcement notice is currently suspended, enabling the department to proceed and issue results to media outlets, which will publish them in accordance with the established practice of using solely exam numbers,” the department stated in a release on Sunday, (15 December 2024).
In its legal filings, the department argues that the publication of the matric examination results in the current format (which includes only the examination number and results) in local newspapers does not constitute information capable of identifying a specific learner.
“The Information Regulator’s assertion that the Department of Basic Education has failed to demonstrate compliance with any conditions set forth in section 11(1) of the POPI Act is insufficient,” the department stated.
“It is the duty of the Information Regulator to provide evidence of non-compliance with relevant provisions of the POPI Act concerning any previous or ongoing violations of personal data protection prior to issuing an enforcement notice.
“Therefore, the decision to issue the enforcement notice to the Department does not conform with legal standards and/or represents a misuse of discretion by the Information Regulator that should have been exercised differently.”