Basic education launch court bid to have matric results published in newspapers

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The basic education department (DBE) has approached the courts to set aside the enforcement notice issued by the Information Regulator regarding the publication of matric results in newspapers.

The department filed its papers at the North Gauteng high court in Pretoria on Friday.

According to the department, the appeal means that the enforcement notice has been suspended and that they will proceed and release results to media houses who will publish in terms of the established practice in which only exam numbers are used.

The Information Regulator on or about 6 November 2024 decided to serve the DBE with an enforcement notice, said departmental spokesperson Elijah Mhlanga.

He stated that the tenor of the enforcement notice is to prevent the annual publication of the matric examination results in the local newspapers.

“In its papers the department argues that the publication of the matric examination results in its current format (only the examination number and the results) in the local newspapers is not information that relates to an identifiable learner,” he explained.

Outlining the fourfold which he said DBE appeal relied upon, Mhlanga said an enforcement notice of the POPI Act can only be issued and served in respect of a past or present interference with the protection of the personal information of a data subject.

“… and is therefore, by legislative design, reactive in nature so that the proactive enforcement notice served by the Information Regulator on the DBE, with regard to the future publication of the matric examination results, is null and void.

“Secondly, and in the alternative, the Information Regulator is bound by a court order which already settled the lawfulness of the release and publication of the matric examination results in the present format (consisting of examination numbers and corresponding results only) in local newspapers;

Not in contravening info by publishing matric results

“Thirdly and in the further alternative, the release and publication of the matric examination results in the present format (consisting of examination numbers and corresponding results only) in local newspapers is not the publication of information which relates to an identifiable person and therefore the DBE is not in contravention of section 11 of the POPI Act.

“Fourthly and in the further alternative, the release by the DBE for publication of the matric examination results in the present format (consisting of examination numbers and corresponding results only) in local newspapers is in any event compliant with the processing limitations contained in either section 11 of the POPI Act,” he explained.

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Mhlanga highlighted that for the Information Regulator to sit back and merely state a conclusion on the basis that the DBE has failed to demonstrate a compliance with any one of the conditions in section 11(1) of the POPI Act is therefore insufficient.

He continued: “It is for the Information Regulator to positively demonstrate non-compliance with the relevant provisions of the POPI Act in respect of a past or present interference with the protection of the personal information of a data subject before an enforcement notice can be served.

“Therefore, the decision to serve the department with the enforcement notice is not in accordance with the law and/or involves an exercise of discretion by the Information Regulator that ought to have been exercised differently.”