By Thapelo Molefe
The North Gauteng High Court has reserved judgment in the high-profile case about the legality of publishing matric examination results in newspapers and online public platforms, a long-standing South African tradition now facing a potential ban.
The two-day hearing held this week saw the Department of Basic Education (DBE) and the Information Regulator argue over whether the public release of National Senior Certificate results in their current format breaches the Protection of Personal Information Act (POPIA).
The case follows an earlier urgent application brought by the Regulator in January to block the release of the results, which the court dismissed for lack of urgency.
The Regulator has since sought a full review of the DBE’s publication practice, arguing that even publishing examination numbers without names on newspapers and digital platforms amounts to a violation of learners’ privacy under POPIA.
However, the department maintains that its current method of displaying only examination numbers does not violate the law. According to the DBE, the information cannot be linked directly or indirectly to any individual without prior or insider knowledge, meaning that it does not qualify as “personal information” under the Act.
“For decades, the publication of matric results has been a matter of public interest and national transparency,” the DBE said in a statement on Wednesday.
“It provides reassurance to learners, families, and the broader public regarding the integrity of the national examination system. The Department remains committed to balancing the right to privacy with the principles of openness, accountability, and public confidence in education.”
AfriForum, which joined the matter as a party supporting the continued public publication of results, has strongly defended the practice.
The organisation’s head of cultural affairs, Alana Bailey, said the dispute dates back to 2022, when the DBE initially sought to halt the release of results through newspapers and other media platforms.
“In that case, the judge agreed that publishing results was in the public interest and that using examination numbers instead of names sufficiently protected learners’ privacy,” Bailey said.
She added that at the start of the year, the Information Regulator once again attempted to block the publication of matric results in newspapers and online platforms, a move that was unsuccessful when Judge Ronel Tolmay ruled in favour of publication on 8 January.
“With that court order still in place, the DBE had no other choice but to oppose the Regulator’s instruction to withhold publication of the results,” Bailey said.
During this week’s proceedings, both parties argued over the definition of personal information and the balance between privacy rights and public access to information.
Bailey said AfriForum continues to receive requests from matriculants asking the organisation to help ensure that results remain publicly available.
“We will protect their interests as far as possible. It’s important that more clarity is obtained about when individuals’ privacy must be protected at all costs and when disclosure is in the public interest. The ruling in this case will provide greater certainty in this regard.”
At the conclusion of the hearing, Information Regulator Chairperson Advocate Pansy Tlakula welcomed the opportunity for the matter to be ventilated in open court, saying that it is crucial in clarifying learners’ privacy rights under POPIA.
The court will deliberate on the submissions made by both sides before delivering its judgment.
INSIDE EDUCATION
