Silencing Success? Legal Battle Over 2024 Matric Results Sparks National Debate

The Department of Basic Education (DBE) and the Information Regulator are set to face off in court on Tuesday over the publication of the 2024 matric results in newspapers. This contentious issue has raised debates about privacy rights under the Protection of Personal Information Act (POPIA) and the public’s interest in accessing the results.

The Information Regulator, led by chairperson Pansy Tlakula, argues that publishing matric results in newspapers violates students’ privacy under POPIA. Tlakula maintains that results should be accessed directly by learners through schools or the DBE’s SMS platform, ensuring privacy is not compromised.

Tlakula emphasized, “The DBE only has to give the matric results to the relevant learners or their authorized guardians or parents. Publishing them in the media compromises personal information.”

She added that an assessment found the practice of publishing results in newspapers non-compliant with POPIA, which came into effect in July 2021.

DBE’s Stance on Publication

The DBE, however, opposes the enforcement notice issued in November 2023 that bans the publication of results. Elijah Mhlanga, a spokesperson for the department, stated that consent had been obtained from candidates to publish their results without names or surnames.

Mhlanga cited a 2022 court ruling by Judge Anthony Millar, which allowed the publication of results with anonymized data, as legal justification for their position.

“This court order gives us the right to publish the results in newspapers. The enforcement notice is currently suspended while we challenge it,” Mhlanga said.

Tlakula argued in court papers that the DBE’s refusal to comply with the enforcement notice undermines the rule of law. She insisted that the 2022 ruling did not address the lawfulness of publishing results but was based on an agreement at the time.

“This application is about ensuring compliance with the enforcement notice, which has full legal force and effect until set aside,” Tlakula said.

AfriForum Joins the Legal Battle

AfriForum has entered the fray, supporting the DBE’s position. Alana Bailey, AfriForum’s Head of Cultural Affairs, argued that the 2022 court order still stands and strikes a balance between privacy and public interest.

“The order confirmed that publishing results using examination numbers without names sufficiently protects privacy while serving the public interest,” Bailey stated.

The Information Regulator has proposed that for future matric results, the DBE must obtain explicit consent from learners or their parents/guardians before publishing results in newspapers. Tlakula advised the department to develop a system to streamline the consent process while complying with POPIA.

The court’s decision on whether matric results can be published in newspapers will set a precedent balancing privacy rights under POPIA and public access to information. For now, both sides remain steadfast in their arguments, with the outcome likely to have long-term implications for the publication of educational data in South Africa.

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