By Johnathan Paoli
The Basic Education Department has maintained its obligation and intent to publish the results of the 2024 National Senior Certificate (NSC) examinations on media platforms, despite a halt called by the Information Regulator (IR).
Chief Director for National Assessment and Public Examinations, Rufus Poliah, made the remarks during the department’s media briefing on the exams in Cape Town on Wednesday.
“The DBE is of the view that we are fully compliant, and well within the ambit of regulations, to publish the results,” Poliah said.
He explained that the decision rested on three important factors.
Firstly, it was the department’s duty to make the information readily available and accessible to all learners including those who lived in remote areas and experienced challenges in travelling to writing centres.
Secondly, he stressed the anonymous nature of the results, saying only examination numbers were used.
Lastly, he highlighted the 2022 ruling from the North Gauteng High Court which ordered the department to publish the results, despite its previous decision to stop.
When asked whether the department intended to approach the court again in its engagement with the IR, Minister Siviwe Gwarube said it was too early to announce a decision.
“I think it will be premature to indicate any kind of court action right now,” the minister said.
She reiterated Poliah’s point about the anonymity of the results and that learners needed to be accommodated.
However, Gwarube said that perhaps the department and the IR could find each other and collaborate in finding a way to balance both the rights of learners and the regulations on the spreading of private information.
Department director-general Mathanzima Mweli said that the issue was one of law, considering the 2022 ruling, but agreed with the minister that the two would find ways of resolving disputes in line with the Intergovernmental Regulations Act.
The regulator has accused the department of non-compliance with the Protection of Personal Information Act, issuing an enforcement notice earlier in the month.
It argues that the department violated Section 11 of the Act by publishing matriculants’ personal information without consent.
Civil society organisation AfriForum has indicated its willingness to approach the courts again for the judicial confirmation of the right of the department to publish.
INSIDE EDUCATION
