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The Information Regulator (IR) wants to appeal again in the case about the publication of matric results. This comes after the Gauteng High Court found earlier this month that the publication of the matric results does not form part of personally identifiable information and is therefore not unlawful in terms of the Popia legislation.
A full bench of judges then found the IR’s argument that learners memorize each other’s exam numbers in order to study each other’s results to be unrealistic. The court confirmed that matric results may therefore be published on public platforms.
The case regarding the publication of matric results in newspapers and other public platforms was also heard in the High Court in Pretoria in October.
However, the issue has been going on for more than four years.
In 2022, the court gave AfriForum and other stakeholders the first time that the publication of the results is in the public interest and must therefore continue.
At the end of 2024, the IR tried to prevent the Department of Basic Education from releasing the 2024 matric results. However, the IR’s application to obtain an interdict against the disclosure failed, after which the case on the merits followed.
In December last year, a full bench of judges confirmed in their judgment that matric results may indeed be published on public platforms. Furthermore, it was found that the use of examination numbers as the only means of identification provides sufficient protection for matriculants’ privacy and that the department of basic education acted lawfully by not complying with the IR’s instruction to withhold the results.
In the application for leave to appeal, the IR questioned, among other things, the court’s jurisdiction to condone the disregard of statutory instructions such as those of the regulator to the department of basic education. In contrast, AfriForum and the department’s legal teams emphasized the court’s jurisdiction and reaffirmed the protection that exam numbers offer to learners’ right to privacy.
Alana Bailey, AfriForum’s head of cultural affairs, says they hope that the matter can now finally be settled. Moreover, it is about more than just the announcement of matric results.
“Several research sites work with information from individuals that can only be identified by means of numbers or codes. This is precisely used to protect their right to privacy and anonymity.
“The judges’ decision will therefore also determine the future use of data and the continuation of vital research. The outcome of today’s proceedings will contribute to more clearly defining the balance between the protection of the right to privacy and the promotion of public interests.”
Maroela Media has been publishing the matric results annually since 2014.