By Johnathan Paoli
The Information Regulator (IR) is maintaining its position on its enforcement notice prohibiting the Basic Education Department from publishing the 2024 National Senior Certificate (NSC) examination results on media platforms.
Inside Education reached out to IR spokesperson Nomzamo Zondi, who criticised the Chief Director for National Assessment and Public Examinations, Rufus Poliah’s pronouncement concerning the results.
“While the department of Basic Education has stated in the media its intent to proceed with publishing, it has not formally responded to the notice, and as the Information Regulator, we still stand by our concerns over the sharing of personal information,” Zondi said on Monday.
The regulator has accused the department of non-compliance with the Protection of Personal Information Act, specifically Section 11, stating that the department had failed to attain consent from learners.
However, Poliah told reporters last week that the department was of the view that it was fully compliant and well within the ambit of the law to publish the results, contending that the results were in fact anonymous.
A department spokesperson told Inside Education on Monday that Basic Education Minister Siviwe Gwarube had still not decided whether she was going to take the matter to court.
“The minister would prefer that government institutions resolve differences through constructive dialogue and no trough expensive litigation.”
Meanwhile, AfriForum, via its legal team, Hurter Spies Attorneys, has issued a letter of demand to Gwarube seeking clarity on the matter.
AfriForum wants to know whether the minister’s office intends to file an appeal against the notice and whether it will officially declare its position in relation to the IR.
“Our client’s position is that the Regulator erred in issuing the enforcement notice and our instructions are to assist our clients with urgent review proceedings in order to have the enforcement notice reviewed and set aside,” the letter reads.
The results will be announced on 13 January.
INSIDE EDUCATION
