DailySun
Pretoria – The High Court in Pretoria has ruled in favor of the publication of the 2024 matric results in newspapers and other media platforms.
On January 8, 2025, Judge Ronèl Tolmay confirmed that the Department of Basic Education (DBE) could proceed with the publication of the results.
This legal development arose after the Information Regulator (IR) of South Africa imposed a R5 million fine on the DBE for failing to comply with an enforcement notice dated November 18, 2024, which prohibited the department from disclosing the 2024 matric results.
AfriForum and several other organizations participated as interested parties in the IR’s case against the DBE.
Following the ruling, AfriForum expressed its satisfaction, noting that the IR’s urgent request for an interdict to prevent the publication of the 2024 matric results was not granted.
The court ordered the IR to cover the legal costs incurred by AfriForum in this case.
The hearing was held at the Pretoria High Court on January 7, 2025.
The IR argued that publishing the matric results in public media would violate the privacy rights of the matriculants.
In contrast, Judge Ronèl Tolmay ruled that it was in the public interest to publish the results in public forums and print media.
However, the legal discussions regarding the implications of publishing versus withholding the results will be addressed later this year.
“This ruling represents a victory for the matriculants, for whom public access to their results holds great significance,” remarked Bailey after the hearing.
“It also contributes to the ongoing conversation crucial for distinguishing between privacy rights and public interest.”
In her judgment, Judge Tolmay stated, “The involved parties should carefully consider what genuinely serves the best interests of the learners, as their rights are at stake.”
Meanwhile, the GOOD Party commented: “Both the Information Regulator and the Department of Basic Education have a duty to work together in the future to create a publication method that prioritizes the learners’ best interests.”
Traditionally, the release of matric results alongside full names has marked a significant milestone in the completion of basic education.
Students and their families would eagerly check newspapers to find their names.
“That thrill is an experience shared only by those whose names are listed. Not appearing indicated a lack of success,” explained Brett Herron, GOOD: Secretary-General.
“As our understanding of adolescent mental health, trauma, and privacy rights has advanced, so too has our awareness of the potential consequences of failure, particularly when students’ names are missing from publications.”
“We wrestle with the balance between tradition and the right to privacy.”
“We cannot ignore the potential trauma that disregarding the right to privacy can cause.”
The GOOD Party stated that since results are now published by exam number only, the significance of this rite of passage is diminished, and common sense should lean towards maintaining privacy.
“Seeing random numbers in print without names, as stipulated by the High Court since 2022, brings little joy,” Herron stated.
“The DBE should implement a system to directly notify each learner, as suggested by the IR, for future examinations.”
“To parents and students, we affirm that receiving matric results is a crucial milestone.”
“We urge consideration for those who may face disappointing and distressing outcomes.”
In response to the high court’s ruling, the IR remarked that it “recognizes the decision” made by Judge Tolmay to dismiss its urgent application regarding the DBE’s publication of matric results in newspapers.
“We are understandably disheartened that the ruling did not favor us,” the regulator acknowledged.
The IR emphasized that its application focused on compliance with the Protection of Personal Information Act (POPIA) and ensuring that the DBE adhered to its directives.
However, the regulator welcomes judicial proceedings that could clarify various aspects of POPIA, particularly regarding the obligations of responsible parties under its orders.
“Today, Judge Tolmay determined that our urgency argument was not valid,” the IR stated.
“As a result of the high court’s decision, it is likely that the DBE will continue with its plans to publish the 2024 matric results in newspapers as previously indicated.”
“If the DBE proceeds with publishing the results in newspapers, it will still be violating the regulator’s orders.”
“The regulator’s orders are not invalidated by the high court’s ruling today, nor by any potential appeal.”
“At present, there is no appeal before the court.”
Furthermore, the regulator noted that the high court’s decision today suggests that the matter will undergo the standard judicial process concerning orders related to the 2025 results.
“Today’s ruling does not exonerate the processing of personal information of matriculants by publishing their exam numbers and results from being unlawful,” the IR articulated in its statement.
“The regulator maintains this position, and the merits of our case will be dealt with if the DBE files an appeal to be heard, possibly on an expedited basis.”
“Until an appeal against the regulator’s orders is presented to the court, we will continue to expect compliance and act accordingly under the law to enforce our orders.”
The National Senior Certificate Examination Results for the Class of 2024 will be published on Monday, January 13, 2025.
