High Court to decide on Publishing 2024 Matric Results in media amid Urgency Debate

The Gauteng High Court in Pretoria is set to rule today on whether it will hear the merits of the Information Regulator’s (IR) urgent application to prevent the Department of Basic Education (DBE) from publishing the 2024 matric results in the media.

The IR filed the application on an urgent basis, arguing that the publication of matric results in the media would violate students’ rights to the protection of personal information. The regulator insisted that the DBE must first obtain explicit consent from students before releasing their results publicly.

Instead, the IR suggested that the department disseminate results through its SMS service or allow learners to collect their results directly from the schools where they wrote their exams.

Court Focuses on Urgency of the Matter

On Tuesday, Judge Ronel Tolmay emphasized that the court would initially only determine whether the IR’s application was urgent. Arguments regarding the merits of the case would only proceed if the court ruled the matter urgent.

Should the court find the application lacks urgency, the results will be published in the media as planned next week. However, if the IR’s case is deemed urgent, all parties will present their arguments on the substantive issue of privacy and consent.

The IR maintains that publishing matric results without prior consent breaches students’ constitutional right to privacy. The regulator argued that, unless consent is obtained, public dissemination of the results should be prohibited.

“The department must ensure it has permission before sharing students’ results in any public domain,” the IR argued, highlighting the potential violation of the Protection of Personal Information Act (POPIA).

What’s at Stake?

This case could set a significant precedent for balancing transparency and privacy in South Africa. The outcome will determine whether traditional media outlets can continue publishing matric results or if a more restricted, consent-driven approach will be adopted.

Learners, parents, and education stakeholders now await the court’s decision, which could reshape how matric results are communicated in the future.

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