Siviwe Gwarube, Minister of Basic Education. (Photo: Ntswe Mokoena/GCIS)
The Information Regulator’s (IR) application for leave to appeal in the court battle over the publication of matric results in newspapers and on online media websites was refused on Wednesday.
The IR’s application was heard on 12 March after a full bench of judges ruled in December last year that matric results may indeed be published on public platforms.
According to Alana Bailey, AfriForum’s head of cultural affairs, the ruling brings final certainty to a dispute that has been going on since 2022.
“This is a victory for the publication of information that is in the public interest,” says Bailey.
The case began in 2022 when the Department of Basic Education first tried to ban the publication of matric results. However, the courts ruled in favor of AfriForum and others involved and found that its publication is in the public interest.
The recent legal action stems from the IR’s attempt at the end of 2024 to stop the department from releasing the 2024 matric results. The regulator’s application to obtain an interdict failed, after which the case was heard on the merits.
The full bench ruled in December last year that the publication of matric results is legal and that the use of examination numbers as the only means of identification provides sufficient protection of matriculants’ privacy. The court also found that the department had acted legally by not complying with the IR’s instruction to withhold the results.
(Photo: Maroela Media)
With the refusal of leave to appeal, this ruling therefore still applies from now on.
Bailey says the ruling has ramifications that extend beyond just the matric results.
“Several fields of research work with information from individuals who can only be identified by numbers or codes. This is precisely used to protect their right to privacy and anonymity. The fact that the case has now been settled means that such data can be used and essential research can continue without fear that it could cause problems,” she says.
Maroela Media has been publishing the matric results annually since 2014.