Pretoria High Court
By Lerato Mpembe
The Pretoria High Court has ruled in favour of the Department of Basic Education (DBE) and dismissed an urgent application by the Information Regulator to halt the publication of 2024 matric results in newspapers. Judge Ronel Tolmay struck the application off the roll, citing a lack of urgency and awarding a punitive cost order against the Information Regulator. This means the results will be published as planned on Monday, 13 January 2025.
High Court Dismisses Information Regulator’s Bid
The Information Regulator filed the urgent application, arguing that publishing the results in newspapers violated the Protection of Personal Information Act (POPIA) by unlawfully processing learners’ personal data. However, Judge Tolmay ruled that the regulator’s urgency was “self-created,” pointing out that the issue had been ongoing since 2022 when the same court allowed the DBE to publish results in an anonymised format using exam numbers instead of names.
“The regulator waited for nearly three years to address this matter after the 2022 ruling. No persuasive reasons have been provided for the delay, and the timing of the enforcement notice, issued only in November 2024, demonstrates a lack of urgency,” Tolmay stated.
Background: Privacy vs. Access to Information
The legal battle over publishing matric results highlights a growing tension between privacy rights and equitable access to information. The Information Regulator’s enforcement notice, issued in late 2024, directed the DBE to explore alternative methods of distributing results, such as secure SMS platforms. The regulator maintained that the traditional method of publishing results in newspapers violates POPIA, even in anonymised form.
The DBE, however, argued that the enforcement notice was both untimely and unjustified, as previous court rulings legitimised the current practice. The department emphasised the practical challenges of implementing new systems, particularly in rural areas where many learners rely on newspapers to access their results.
Stakeholder Reactions
Department of Basic Education
DBE spokesperson Elijah Mhlanga welcomed the ruling, describing it as a victory for learners and transparency. “This judgment reaffirms the department’s commitment to ensuring that matriculants receive their results without unnecessary delays or disruptions. The use of exam numbers ensures compliance with POPIA while maintaining accessibility,” Mhlanga said.
Mhlanga also addressed the Information Regulator’s concerns, stating that the department has made significant efforts to align with POPIA requirements. “Our compliance measures, including the use of anonymised data, should not be seen as an admission of guilt but as a proactive step towards protecting personal information,” he added.
AfriForum
Civil rights organisation AfriForum, which joined the case in support of the DBE, hailed the ruling as a victory for public interest. “This is not just a win for the DBE but also for the thousands of matriculants who depend on newspapers to access their results. The judgment highlights the importance of balancing privacy with accessibility,” said Alana Bailey, AfriForum’s Head of Cultural Affairs.
Bailey also criticised the regulator’s timing, stating, “The enforcement notice was issued too late, leaving little room for meaningful dialogue or alternative solutions.”
Information Regulator
The Information Regulator expressed disappointment with the ruling but reiterated its commitment to upholding privacy rights. “Our enforcement notice aimed to ensure compliance with POPIA, which is essential for protecting personal data. We will review the judgment and consider further legal action,” a spokesperson for the regulator said.
Legal Perspectives: Urgency and Precedent
Legal experts have highlighted the significance of the ruling, particularly in clarifying the application of POPIA. Advocate Marius Oosthuizen SC, representing the DBE, argued that the regulator had ample time since the 2022 ruling to address its concerns. “They had all the time in the world to challenge the court order and chose not to act until the last minute,” Oosthuizen said.
Advocate Kennedy Tsatsawane SC, representing the Information Regulator, countered that the issue became urgent only after the DBE publicly declared its intention to defy the enforcement notice. He argued that alternative methods, such as SMS platforms, should have been implemented to protect learners’ privacy.
However, Judge Tolmay dismissed these arguments, noting that the regulator failed to prioritise the interests of learners. “The rights of learners to access their results should have been at the forefront of this application. Instead, the regulator chose to act at the eleventh hour, creating unnecessary anxiety and uncertainty,” she said.
Impact on Matriculants and Schools
The ruling ensures that the more than 800,000 matriculants awaiting their results will receive them as scheduled. Education experts have warned that any delay in the release of results could have significant implications for university admissions and other post-school opportunities.
“For many learners, particularly in rural areas, newspapers are the most reliable source of information. Denying them this option would have caused logistical challenges and further marginalised already vulnerable communities,” said a senior education analyst.
Broader Implications for Privacy and Data Protection
The case has sparked a national debate on the balance between privacy and public access to information. While POPIA aims to protect personal data, critics argue that its enforcement must be practical and considerate of broader societal needs.
Chairperson of the Information Regulator, Advocate Pansy Tlakula, defended the regulator’s actions, stating, “The DBE cannot disobey lawfully issued orders of the regulator. These orders must be complied with until set aside or suspended by an appeal served timeously.”
Education stakeholders, however, have called for greater collaboration between the DBE and the Information Regulator to avoid future disputes. “This case highlights the need for clear guidelines and proactive engagement to ensure compliance with POPIA while maintaining accessibility for learners,” said a representative from the South African Democratic Teachers Union (SADTU).
Looking Ahead: What Comes Next?
The Information Regulator has indicated that it may pursue an appeal, potentially prolonging the legal battle. In the meantime, the DBE has committed to publishing results in newspapers on 13 January 2025, as per tradition.
The department has also pledged to explore alternative methods for disseminating results in future, including secure digital platforms. “We are open to discussions with the regulator to ensure that our processes align with legal requirements while meeting the needs of learners,” Mhlanga said.
🔴Central News Weekly Edition 087🔴 Download the Latest Edition | Top Story: “Building ‘The Ngwathe We Want’:
Dr Mothamaha Drives Cost-Effective
Solutions with New Fleet Acquisitions”
Download Here:
Read all our publications on magzter:
https://www.magzter.com/ZA/Central-News-Pty-Ltd/Central-News/Newspaper/All-Issues
Central News also offers Sponsored Editorial Content, Podcasts , Radio / Social Media Simulcast, Video Production , Live Streaming Services, Press Conferences, and Paid Interviews (Video/Audio) etc.
We guarantee exceptional exposure, reach, and engagement, with an excellent return on investment.
Advertisement:
To place your advert on our platforms (Print Newspaper or Digital Platforms) : Please email : sales@centralnews.co.za
For Business Related:
business@centralnews.co.za
Newsroom:
Send your Stories / Media Statements To: newsroom@centralnews.co.za
General Info:
info@centralnews.co.za
Office Administrator:
admin@centralnews.co.za
Whatsapp / Call: 081 495 5487
Website: https://www.centralnews.co.za
Social Media Platforms (@centralnewsza) : Linkedin, Facebook, Tiktok, Twitter, Instagram, Youtube