The High Court has confirmed that the National Senior Certificate (NSC) examination results can be published in newspapers and across accredited media platforms, consistent with long-standing national practice.
Archived image from SANews.gov.za
This after the Information Regulator approached the Pretoria High Court for an interdict against the publication of the matriculation results, while the DBE appealed the decision of the regulator. The matter was argued in the High Court (Gauteng Division, Pretoria).
“The Department of Basic Education welcomes the judgment delivered by the High Court, which confirms that the department is lawfully authorised to publish NSC examination results in newspapers and across accredited media platforms, consistent with long-standing national practice.
“The judgment provides crucial legal clarity for learners, parents, institutions and the media, following recent uncertainty regarding the publication of matric results. In its findings, the Court condoned the department’s late filing of the appeal and proceeded to consider the matter on its merits,” the department said in a statement.
Enforcement and infringement notices
This as the full bench of the Pretoria High Court to set aside the Information Regulator’s Enforcement Notice wherein the regulator sought to block the publication of matric results.
The Enforcement Notice was issued against the DBE on 18 November 2024 following a finding from an assessment of how the department processes the personal information of learners who sit for matriculation exams.
However, the DBE did not comply with the Enforcement Notice, thus forcing the Regulator to issue an Infringement Notice against DBE, in which it ordered the DBE to pay an administrative fine of R5m for non-compliance.
The department said that the court further held that the established method of publishing NSC results does not constitute the processing of personal information as defined in the Protection of Personal Information Act (PoPIA).
“As such, allegations of infringement of PoPIA fall away,” it said.
Notices set aside
In addition, the court upheld the department’s appeal, setting aside both the enforcement and infringement notices that had previously been issued.
“Collectively, these determinations affirm the legality of the department’s long-standing dissemination practices and remove any residual ambiguity surrounding the continued publication of NSC results.
“The department welcomes this clarity, which reinforces a results-access system that has, for decades, provided candidates, families, and post-school institutions with equitable and reliable means of obtaining examination outcomes,” said the department.
The department further reiterated its confidence in the Information Regulator and acknowledges its essential role in safeguarding personal information across the Republic.
The DBE remains committed to working collaboratively with the Regulator to uphold learners’ rights and strengthen digital safety in alignment with PoPIA.
Studying the decision
Meanwhile, the Information Regulator is studying the court decision.
In its statement on Friday, the regulator noted the decision by the full bench.
“Naturally, the regulator is disappointed that the Court’s judgment was not in its favour. We will study the judgment in order to determine the next course of action. Further announcements will be made in due course.
“The Regulator has previously expressed the importance of judicial processes that may help to illuminate certain aspects of the Protection of Personal Information Act, particularly on the issue of the obligations of responsible parties in complying with the orders of the Regulator and in protecting personal information that they hold about data subjects, such as the matriculants in this case,” the Information Regulator said.
