The Telegraph
Pretoria – The High Court in Pretoria has ruled in support of the publication of the 2024 matric results in newspapers and other media outlets.
On Wednesday, January 8, 2025, Judge Ronèl Tolmay concluded that the Department of Basic Education (DBE) is permitted to proceed with the publication of the results.
This case emerged after the Information Regulator (IR) of South Africa imposed a R5 million fine against the DBE for failing to comply with an enforcement notice issued on November 18, 2024, which prohibited the department from disclosing the 2024 matric results.
AfriForum and several other organizations were involved as interested parties in the IR’s case against the DBE.
In a statement following the ruling, AfriForum expressed approval, emphasizing that the IR’s urgent application for an interdict against the publication of the 2024 matric results was denied.
The court mandated the IR to cover the legal costs incurred by AfriForum in this matter.
The hearing was held at the Pretoria High Court on Tuesday, January 7, 2025.
The IR argued that publishing the matric results in public media would violate the rights to privacy of the matriculants.
However, Judge Ronèl Tolmay determined that it is in the public interest to disclose the results on public platforms and in print media.
Nonetheless, the legal proceedings regarding the validity of publishing versus withholding the results will be addressed later this year.
“This ruling is a victory for the matriculants, where public disclosure of their results carries substantial significance,” Bailey commented after the ruling.
“It also adds to the ongoing debate on distinguishing between the right to privacy and public interest.”
In her ruling, Judge Tolmay emphasized, “All parties should reflect on what truly serves the best interests of the learners, as their rights are at stake.”
Meanwhile, the GOOD Party remarked: “Both the Information Regulator and the Department of Basic Education must work together in the future to come up with a publication method that prioritizes the best interests of learners.”
Historically, the publication of matric results with full names has been a significant milestone celebrating the completion of a basic education journey.
Students and their families would eagerly comb through newspapers to find their names.
“That excitement is an experience shared only by those whose names appear. Not being listed signifies a lack of success,” explained Brett Herron, GOOD: Secretary-General.
“As our understanding of adolescent mental health, trauma, and privacy rights has evolved, so has our awareness of the potential impact of failure, especially when learners’ names are excluded from publications.”
“We are facing the challenge of balancing tradition with the right to privacy.”
“We cannot overlook the potential trauma that can arise from infringing upon the right to privacy.”
The GOOD Party stated that now that results are disseminated by exam number only, the importance of this rite of passage has diminished, indicating that common sense should lean towards preserving privacy.
“Finding random numbers in print without names and surnames, as dictated by the High Court since 2022, brings little satisfaction,” Herron commented.
“The DBE should create a system to inform each learner directly, as suggested by the IR, regarding upcoming exams.”
“To parents and students, we reassert that receiving matric results is a vital milestone.”
“We advocate for thoughtfulness towards those who might face disappointing and distressing results.”
In reaction to the high court’s decision, the IR acknowledged that it “accepts the ruling” made by Judge Tolmay to reject its urgent application concerning the DBE’s publication of matric results in newspapers.
“We are understandably disheartened that the ruling was not in our favor,” the regulator expressed.
The IR pointed out that its application centered on compliance with the Protection of Personal Information Act (POPIA) and ensuring the DBE adhered to its directives.
Nevertheless, the regulator welcomes judicial proceedings that could clarify various aspects of POPIA, particularly regarding responsible parties’ duties under its orders.
“Today, Judge Tolmay determined that our urgency argument lacked merit,” the IR stated.
“Consequently, the high court’s ruling suggests that the DBE will likely carry on with its plans to publish the 2024 matric results in newspapers as initially indicated.”
“If the DBE does proceed with this publication, it will still be breaching the regulator’s orders.”
“The regulator’s directives remain intact despite the high court’s ruling today, and this stands even if an appeal is brought forth.”
“At present, no appeal is pending before the court.”
Additionally, the regulator mentioned that the high court’s ruling indicates that the issue will follow the normal judicial process relating to orders about the 2025 results.
“Today’s decision does not let the processing of matriculants’ personal information through the publication of their exam numbers and results become lawful,” the IR stated in its release.
“The regulator holds to this position, and the substance of our case will be discussed should the DBE submit an appeal to be considered, potentially on an expedited schedule.”
“Until any appeal related to the regulator’s orders is presented to the court, we will continue to anticipate compliance and act accordingly under the law to enforce our orders.”
The National Senior Certificate Examination Results for the Class of 2024 are set to be released on Monday, January 13, 2025.
