Basic Education Minister Siviwe Gwarube this week announced a package of education reforms while tabling the Department of Basic Education’s 2026/27 budget.

Among the announcements was confirmation that ECD centre registrations had grown by 200% since 2021, expanding access to 1.2 million children across South Africa.

Gwarube also announced an ECD Nutrition Pilot in the Eastern Cape, aimed at tackling child hunger, malnutrition and stunting during the early years of development.

The department will also develop national screen-time guidelines for children aged two to six, amid concerns about the effect of excessive exposure to phones and tablets on language, memory, attention span and social development.

In a major legislative development, Gwarube said the Children’s Amendment Bill had been approved by Cabinet and would now go to Parliament.

“The Bill is critical to unlocking a more efficient, child-centred ECD system so that vulnerable children are not excluded from support because of unnecessary red tape,” Gwarube said.

She also announced the establishment of a Multi-Disciplinary Technical Support Team to help provincial education departments facing severe financial pressure return to sustainable financial paths.

The team will support provinces with budget planning, financial analysis, school resourcing and financial stabilisation to protect classroom delivery and improve governance.

On foundational learning, Gwarube said 10,000 Foundation Phase teachers would receive targeted literacy and numeracy training in 2026/27. The department will also refresh the implementation of the National Reading Literacy Strategy.

Gwarube said the department would issue directives to schools to cut the number of reporting tools teachers were required to complete.

“We are reducing the administrative burden on teachers, educators must spend more time teaching children and less time filling in unnecessary paperwork” she said.

In one of the most significant changes, Gwarube said the department would begin ranking provincial matric performance using an inclusive basket of quality indicators, rather than allowing a single matric pass-rate percentage to dominate the national conversation.

The new approach will consider learner retention, bachelor passes, literacy and numeracy progression, mathematics participation and overall learning improvement.

The minister also announced that the department would launch an independent external forensic investigation into the Foundation Phase National Catalogue process.

On funding, Gwarube said the department had been allocated R38.2 billion for the 2026/27 financial year, despite fiscal constraints. This includes R32.7 billion in conditional grants, R11 billion for the National School Nutrition Programme, R16 billion for the Education Infrastructure Grant, and R4.6 billion for the Early Childhood Development Grant.

“We must build strong foundations for strong futures. The future of South Africa depends on the quality of education we provide to every child today,” Gwarube said.

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The Oprah Winfrey Leadership Academy for Girls (OWLAG) on Monday honoured its teachers for their outstanding contribution to the Class of 2025’s exceptional matric performance.

The Class of 2025, also known as the Zenith cohort, achieved a 100% pass rate and a 100% Bachelor’s pass. All 44 learners passed, with a group average of 76% and an average of 2.98 distinctions per learner. More than half of the class obtained three or more distinctions, while 5% ranked among the top 1% nationally in IEB subjects. 

The awards recognised departmental teaching excellence using measurable indicators drawn from the Independent Examinations Board (IEB), aligned with national best practice.

Head of Academics Dumisani Tshabalala said the awards reflect the extraordinary journey of the cohort. He said that many learners joined the academy later than usual and experienced disrupted schooling due to the COVID-19 pandemic.

Unlike a typical five-year academic journey at OWLAG, some learners spent only two to three years at the school, having faced significant gaps in their foundational education. Tshabalala emphasised that teachers played a critical role in closing these gaps through “compensatory education”.

“In the space of a few years, teachers spent countless hours beyond the normal school day, including weekends, to support learners academically,” he said. 

“What they have achieved is nothing short of extraordinary.”

The Teacher Awards, presented at departmental level, highlighted the collective effort behind learner success.

Among the top-performing departments were:

• The Languages Department (Afrikaans FAL & English HL) produced learners in the national Top 1%
• Physical Sciences was recognised as the most improved subject
• IsiZulu First Additional Language achieved 100% distinctions, exceeding the national average by over 13%
• Life Orientation contributed the most distinctions, with all learners scoring above 80%
• Mathematical Literacy recorded 100% of learners above 70%
• Sesotho First Additional Language exceeded the national average by more than 15 percentage points.

A total of 14 teachers were recognised across categories, reflecting a strong culture of collaboration and shared accountability, according to the school.

Guest speaker Chumani Nyati praised teachers for their transformative role, saying the theme “Great Teachers, Greater Impact” reflected the lived reality of education.

“A great teacher does far more than deliver lessons. They create curiosity, inspire belief, and shape the future one learner at a time,” Nyati said.

She added that teachers play a crucial role in fostering belonging and confidence among learners, particularly those from disadvantaged backgrounds.

The school said Monday’s event marked its first year of honouring teachers for their role in the pass rate, and that it would continue to do so moving forward.

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Speaking at the provincial matric results awards ceremony in Centurion on Tuesday, Lesufi warned that without swift corrective measures, Gauteng risks reversing gains made in recent years.

“This is not the standard for Gauteng. This is not where we should be, considering the resources we invest in education. There is no way we can be happy with position three,” Lesufi said.

“This kind of performance is not ideal and is not acceptable. We need to find a way forward. If we do not change the system, we risk falling even further. We must rework and reengineer it.”

Gauteng was overtaken by the Free State despite achieving its highest-ever matric pass rate, improving from 88.4% in 2024 to 89.06% in 2025.

While the province recorded an increase, it lagged behind others in terms of growth, particularly when compared with provinces it is traditionally grouped alongside.

Lesufi called for the reprioritisation of the education budget and renewed focus on school infrastructure, warning that shortcomings in these areas had contributed to Gauteng losing its second-place national ranking.

However, he welcomed the narrowing gap between fee-paying and no-fee schools, many of which are located in townships, noting that these schools had delivered strong results.

Lesufi also praised the provincial department’s recruitment strategy, which places some of Gauteng’s best teachers in township schools to ensure equitable access to quality education.

“We are ready to have one equal education system in our country. It should not matter where you study — you can obtain a Bachelor pass in a township school just as you can in a suburban school,” he said.

Addressing the media after the ceremony, Gauteng Education MEC Matome Chiloane echoed the call for a shift in strategy, attributing the slower growth to the province’s inclusive approach towards progressed learners.

Chiloane said the department remains committed to ensuring access to education, even for learners who are not academically inclined — a stance that has affected overall performance.

“Our strategies must change. While our results show an upward trajectory, this year we accommodated a larger number of progressed learners compared to other provinces,” he said.

“We had about 10,000 progressed learners, of whom 55% passed. This shows that we are a system that supports learners to complete their schooling. Our goal is to prevent learners from remaining stuck in the system.”

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For 2024, two matriculants have been honoured with the National Top Learner Awards by the Basic Education Department. While it has not always been plain sailing for Owethu Shangase and Ryyan Ebrahim, the two attribute their success to the support systems around them and their ability to dream big.

Shangase, 17, is from the John Wesley Kosi Bay Private School in Umhlabuyalingana in northern KwaZulu-Natal, and Ebrahim, 19, is from Pinelands High School in Cape Town

Shangase achieved a total of eight distinctions in the 2024, while Ebrahim passed with nine distinctions.

Shangase is described by the department as a spectacularly driven young man who is the product of “when consistency meets inspiration”.

His academic career boasts an impressive first place from Grade 3 to Grade 12, and comprises a full house of distinctions achieved for the entire FET phase (grades 10-12). He skipped two grades due to his aptitude for academics, especially Mathematics.

Speaking to Inside Education, Shangase expressed his immense gratitude and disbelief at his achievement.

“Being the top performer in the country has left me overwhelmed and humbled. Never in my wildest dreams did I imagine this,” he said.

Shangase revealed that procrastination and inconsistency were among his biggest challenges for Grade 12.

“I planned a lot, but struggled to follow through. This affected my confidence, making me doubt my ability to succeed,” he admitted.

Despite these hurdles, his determination and support from his family, who ensured that he had the necessary resources, helped him persevere.

Among his proudest moments was becoming the valedictorian at his school, achieving first place in every subject with a remarkable 96% average.

And securing second place in a provincial Inter-District Olympiad reinforced his belief in the value of hard work.

Looking ahead, Shangase plans to study Actuarial Sciences at the University of Cape Town, aspiring to become a fellow member of the Actuarial Society of South Africa and possibly a chief risk officer in the future.

He envisions a South Africa where funding and educational resources reach the most disadvantaged communities.

His advice to future matriculants is to set goals and persevere.

“Have clear goals, work diligently and help others along the way. Collaborating and supporting peers only brightens the path for everyone,” Shangase said.

He also emphasises the importance of prayer and maintaining humility throughout the journey.

For Ebrahim, who was the head boy at Pinelands, the recognition is “unbelievable and overwhelming”.

“I’m so grateful to have been honoured in this way, and it’s all by the grace of God,” he told Inside Education.

Described by the department as an exceptional, resilient young man, in his Grade 10 exams he faced significant challenges when his home underwent renovations. Undeterred, he devised a plan to wake up early and study in quieter places like the school library.  

Ebrahim, who had an aggregate of 97.57%, acknowledges that his matric year was not without its challenges, saying just like other students, there were moments when he was overwhelmed.

“I decided to step back, remind myself that my best was good enough, and leaned on the support of my family and friends,” he shared.

His ability to manage stress and maintain focus helped him navigate the intense academic year.

Ebrahim plans to study Data Science, which he describes as a fusion of maths, computer science and business, also at UCT.

“It’s an area I’m passionate about and one that aligns with South Africa’s growing need for innovation,” he explained.

The stories of Shangase and Ebrahim serve as a beacon of hope for future matriculants, demonstrating that with vision, effort and resilience, greatness is achievable.

The department celebrated the achievements of these exceptional matriculants and 37 others at a ceremony in Johannesburg, recognising the transformative impact of their hard work.

As they embark on their academic and professional journeys, Shangase and Ebrahim stand as shining examples of South Africa’s potential and the power of education to shape the future.

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The Hawks have arrested a 21-year-old suspect man connection with the suspected leak of the 2024 matric results that were allegedly sold on the internet.

This follows Basic Education Minister Siviwe Gwarube announcing on Monday that the department had identified a breach in its system.

“If the leak is from our side, we will deal with it. If it is from processes outside the department, we will deal with it. But either way, we will take this breach seriously,” Gwarube said.

She said that if the leak should be found outside the department, they were obligated to share the information with the Hawks to investigate the matter.

Results were being offered on the internet for R99.90 before their official release on Tuesday.

Gwarube said that she grateful law enforcement agencies were able to step in quickly for a speedy investigation. 

Hawks spokesperson Col Katlego Mogale said the department lodged the complaint in Pretoria and the case was transferred to the Hawks for further investigation.

The Hawks’ serious economic offences unit descended on a house in Hillcrest, north of Johannesburg, after a search and seizure warrant was approved.

The Hawks proceeded to the identified premises where the man and his were living.

“During the search, electronic gadgets and an unlicensed shotgun with live ammunition were found. The 21-year-old suspect will be detained for the unlawful possession of a firearm and investigations into the matric result leakages will continue,” said Mogale.

Gwarube stressed on Monday that the breech occurred at the “tail-end” of the process, and would consequently not affect the integrity of the results.

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The Free State once again emerged as South Africa’s top-performing province in the 2024 National Senior Certificate (NSC) results, marking the sixth consecutive year it has claimed the top spot.

Education MEC Julia Maboya expressed immense pride in a media briefing after the provincial release of the NSC results at the Central University of Technology in Bloemfontein on Tuesday.

“We have always surpassed our targets. As a province we are really proud of learners, teachers, parents, SGBs and teacher unions. I think it is in this province that we have demonstrated that education is a societal matter,” Maboya said.

The MEC attributed this success to relentless hard work, strategic planning and community involvement.

Maboya praised the feat as remarkable given the province’s socio-economic challenges, but pridefully stressed the Free State’s determination.

“We are investing in our people through education. That is the best thing we can do for our people because we happen to be one of those poor provinces,” she said.

The Free State achieved an impressive 91% pass rate, a marked improvement from the 89.1% recorded in 2023, with key achievements including a notable increase in quality passes.

In addition, 48.2% of learners earned bachelor passes and 30% achieved diploma passes, reflecting consistent improvement in high-grade results since 2020.

A total of 17,486 learners qualified for university studies, 10,889 for diploma programmes, and 4,621 for higher certificates, underscoring the depth and diversity of academic success across the province.

Four of the Free State’s districts ranked among the top 10 nationally out of 77 districts, with Fezile Dabi District achieving a remarkable 93.5% pass rate, the second highest in the country.

Other high-performing districts include Motheo, Xhariep and Thabo Mofutsanyana, demonstrating the province’s regional strength in education.

Among the 355 schools in the province, 67 achieved a 100% pass rate, and 232 exceeded a 90% pass rate.

The province’s focus on Mathematics and science education also yielded exceptional results, with Mookodi Secondary School in Thabo Mofutsanyana District being named the best school in these subjects, achieving a 97% pass rate in both.

Maboya said the Free State’s consistent advancements in quality outcomes and district level achievements highlighted its leading role in South Africa’s education landscape.

Fezile Dabi District Director Vusi Chuta said the accomplishment reflected the district’s dedication to quality education and its transformative impact.

He stressed the drivers of success in the district including initiatives like Saturday classes, after-school programmes, and holiday revision sessions focusing on critical subjects such as Mathematics, Physical Sciences and Accounting, supporting high-risk learners.

The district also focused on fostering teamwork among educators, principals and school governing bodies, enhancing teaching quality through regular workshops and training, with the district officials actively involving parents and community stakeholders to ensure holistic learner support.

Additionally, Chuta said the district prioritised foundational literacy and numeracy, preparing learners to excel in senior grades and celebrating achievements of learners and schools by cultivating motivation and healthy competition.

Approximately 67% of Bachelor passes came from Quintile 1 to 3 schools, showcasing the district’s commitment to equity and inclusivity, with many regarding Fezile Dabi’s success as integral to the Free State’s overall 91.0% pass rate.

Despite its success, Chuta said the district aimed to address challenges like declining participation in gateway subjects.

He said the district’s commitment to sustained excellence would ensure it remained a model of educational achievement in South Africa.

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Limpopo and Mpumalanga welcome the matric triumph of 2024

By Johnathan Paoli

The provinces of Limpopo and Mpumalanga heartily celebrated their learners during the releases of the 2024 National Senior Certificate (NSC) exam results on Tuesday.

Limpopo education MEC Mavhungu Lerule-Ramakhanya said it was the first time the province had surpassed the 80% threshold since the advent of democracy, earning it sixth place nationally, a leap from seventh last year.

“The class of 2024 made history by pushing boundaries and delivered on their promise,” she said.

Once lagging in performance, Limpopo has now emerged as a “province on the rise”, achieving a historic 85.01% matric pass rate, up from 79.5% in 2023.

The top three districts included Mogalakwena with an 87.8% pass rate, Mopani West with 87.2%, and Vhembe East and Capricorn South tied in third place with 85.8%.

Sekhukhune East was the most improved district, up from 74.7% to 84%.

Setotolwane Secondary from Capricorn South achieved a 100% pass rate with more than half of matriculants achieving Bachelor passes.

Lerule-Ramakhanya attributed this success to the relentless efforts of teachers, principals, parents and stakeholders who united under the shared vision of excellence.

She expressed gratitude to traditional leaders, pastors, government officials and sponsors for their unwavering support. Sponsors were particularly lauded for providing resources like shoes, laptops and bursaries.

While celebrating the achievements of the Class of 2024, Lerule-Ramakhanya emphasised that the work continued.

She said Limpopo had set its sights on achieving a top five national ranking.

In Mpumalanga, education MEC Cathy Dlamini noted that matriculants achieved an 84.99% pass rate, exceeding the province’s target by 1.99% and marking a significant improvement from 2023’s 77%.

“We wish to congratulate the Class of 2024. Your accomplishments are an inspiration to us all. We hope that the Class of 2025 will emulate this best practice. No one must be left behind,” Dlamini said.

Basic Education Deputy Minister Reginah Mhaule attended the provincial announcement, thanking all stakeholders had assisted in maintaining the stability and improvement of the sector.

Of the 64,201 candidates who wrote the NSC exams, 54,567 passed, with 27,885 qualifying for Bachelor programmes and there were 23,310 distinctions.

Districts recorded notable improvements in pass rates, with Ehlanzeni District leading at 88.43%, Gert Dibande at 87.67% and Nkangala at third with 85.24%.

Out of the 17 municipalities in the province, the Steve Tshwete local municipality obtained position one after passing 2449 learners which constitute a 92.9% pass rate.

The top-performing circuit was Msukaligwa, achieving a 95.9% pass rate, with 51 out of 71 circuits performing above 80%.

Among schools, 58 were able to pass all learners who wrote, recording a 100% pass rate, an improvement from the 24 schools in 2023.

A total of 201 performed between the 80% and 99% pass rate bracket compared to 117 of 2023, while 500 schools performed above 70% compared to 417 of 2023.

Hoërskool Nelspruit emerged as the best performing institution, with 100% of its learners passing and collectively achieving 366 distinctions.

The most improved school is Madoda Secondary School in Siyabuswa Circuit at Nkangala District, registering an improvement of 62% and obtaining a 90.9% pass rate this time around.

The province also saw impressive results in Mathematics and Physical Sciences, surpassing targets with pass rates of 66.37% and 73.69%, respectively.

Out of the 481 no-fee schools, 31 obtained 100%, 332 schools obtained results above 80% and 412 schools performed above 70%.

The overall best quintile 1 school in the province is Mkolishi Secondary School at Manzana in the Chief Albert Luthuli Local Municipality, obtaining a 100 % pass rate for two years in succession and passing all 103 learners who sat for the examination.

Efforts to improve inclusivity and quality education were evident, with 481 no-fee schools participating and significant resources allocated to rural and disadvantaged areas.

Key initiatives for 2025 included strengthening technical high schools, coding and robotics programmes, and e-learning systems.

Dlamini emphasised the province’s commitment to achieving a minimum 80% pass rate across all districts, with intensified support for underperforming schools.

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Political parties have congratulated the Class of 2024 for their remarkable determination which has ensured that they achieved the highest pass rate in the history of the country.

Despite the unprecedented disruptions of the Covid-19 pandemic, the pass rate for last year was 87.3%.

ANC national spokesperson Mahlengi Bhengu-Motsiri praised the collaborative efforts and parents, teachers and learners, whose combined hard work and dedication led to the improvement in the results.

“The Class of 2024 achieved a historic 87.3% pass rate, the highest in the country’s history. This remarkable milestone reflects the resilience of learners, educators and parents, as well as the decisive role of successive ANC-led administrations’ interventions in education,” she said on Tuesday.

The matric pass rate was 82.9% in 2023. A notable highlight is that the class got the highest ever number of Bachelor passes at 47.8%, representing a 6.9% increase from the previous year.

Democratic Alliance education spokesperson Delmaine Christians also applauded the learners, saying that despite facing adversities and budget constraints which impacted teacher staffing, class sizes, school safety and access to quality resources, they surged beyond expectations.

“We know that learners had to overcome severe socio-economic and other circumstances to reach Grade 12 and sit their examinations, and that many of them used their circumstances as a motivation to ensure they achieve the best possible results,” she said.

Christians further said that the party recommended that South African Council for Educators be strengthened to ensure all teachers were equipped to provide quality education, as even top students struggled with ineffective teaching.

Meanwhile, the EFF cautioned that the country faced significant concerns due to dwindling interest in Physical Sciences and has called for a strong foundation to be instituted for this crucial subject.

EFF spokesperson Leigh-Ann Mathys said that “the declining participation in Physical Sciences and the lack of improvement in results are also major concerns for South Africa’s future”.

“A robust foundation in these subjects is essential for global competitiveness and participation in the Fourth Industrial Revolution,” she said in a statement.

The GOOD Party is also urging the government to allocate more funds to education, focusing on rural areas so that students in village schools receive the same quality education as those in suburban schools.

“Government [needs] to place greater priority on basic education as the basic building block our developmental society. We must [spend] more money on developing our children…,  said GOOD secretary general Brett Herron.

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The Department of Basic Education is being urged to prioritise its core responsibilities, specifically school admissions and teaching, on the first day of the new school year.

Makhi Feni, the chairperson of the Select Committee on Education, Science and Creative Industries, said that this would ensure a smooth start to the academic year.

“On behalf of the committee, we trust Minister Siviwe Gwarube and her team will ensure the reopening of schools runs smoothly,” said Feni.

He highlighted ongoing concerns and campaigns surrounding scholar transport and other pressing issues, including the proposed reduction of teacher posts, arguing that they should not affect teaching, especially on the first day.

“These are side shows that need not impact the reopening of schools, and the necessary learner and teacher support should be provided to all schools so that they are geared for effective learning on the first day,” he said.

Feni emphasised that the first day of school should prioritise the basics, which were enrolment, registration and providing students with necessary curriculum-aligned materials.

Feni also addressed concerns that matric results were being sold online for a fee, sparking concerns about the integrity and accessibility of the results.

“The issue around paying a fee to view results is another form of extortion and should not be entertained,” he said.

Feni emphasised that the Basic Education Laws Amendment Act was focused on shaping the future of South African education, rather than catering to special interest groups nostalgic for the past.

He further expressed confidence that Gwarube would be transparent with Parliament and avoid politicising the implementation of the legislation.

“We trust that Minister Gwarube will not seek to use the regulations for political gain of BELA opponents. The president has ordered a complete implementation in the presidential ascension to the BELA Act. It is such a comprehensive piece of legislation that need not be viewed with narrow minds,” he said.

South African schools are set to reopen this week. The Class of 2024 will get their results on Tuesday.

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The Basic Education Portfolio Committee has called on both the department and the Information Regulator (IR) to prioritise the needs of learners amidst the battle surrounding the publishing of matric results.

Committee chair Joy Maimela said that uncertainty surrounding the publication of the results could potentially lead to increased anxiety among the expectant matriculants.

“These learners are probably almost as stressed now whilst awaiting the announcement of the results on Monday as they were when writing the NSC examinations. We appeal to all to not add to heightened stress levels. The back and forth can lead to added anxiety for these candidates,” Maimela said.

She urged the parties involved to resolve the matter amicably and reiterated her commitment to prioritising the interests of learners.

“Let us rather focus on all our learners’ emotional and psychological wellbeing and support them as best as we can,” Maimela said.

The dispute centres on the department’s practice of publishing matric results in newspapers, a tradition challenged by the Regulator.

The Regulator issued an enforcement notice in November, asserting that the practice violated the Protection of Personal Information Act.

Despite being ordered to cease the practice within 31 days, the department did not comply, prompting the Regulator to seek an urgent court interdict.

However, the court struck the matter from the roll, deeming it non-urgent, and ordered the Regulator to cover the legal costs.

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The Pretoria high court has ruled that the Information Regulator’s (IR) bid to block the Basic Education Department from publishing the 2024 matric results in newspapers is not urgent.

This means that Minister Siviwe Gwarube will announce the National Senior Certificate exam results next Monday, and media platforms will publish the results the following day.

Judge Ronèl Tolmay said on Wednesday that the IR, which was opposed to the marks being made public due to concerns around privacy, had not moved with speed in its application.

“No persuasive reasons were given by the IR on why the application was delayed, the Regulator also waited 10 months to publish the assessment done after the 2023 publication of results,” she said.

Learners needed to take central stage and their interests were not prioritised in this application, the judge said.

The matter was struck off the roll, which means the 2024 matric results will be published on media platforms, including newspapers.

The urgent application was opposed by the department and civil rights group AfriForum.

The IR had raised concerns that the public release of the matric results violated the rights to privacy for learners under the Protection of Personal Information Act.

However, the department and AfriForum argued that pupils were not identified as only their student numbers were made public.

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The Pretoria high court will hear an urgent application on Tuesday by the Information Regulator (IR) to stop the release of the 2024 matric results on media platforms.

The results will be be announced by Basic Education Minister Siviwe Gwarube next week Monday and are meant to be published by the media the following day on Tuesday, 14 January.

While the IR fined the Basic Education Department R5 million for failing to comply with an enforcement notice issued in November, which ordered the department not to publish the 2024 National Senior Certificate (NSC) exam results, it has also approached the court in an attempt to stop the publication of the marks.

The IR is arguing that releasing the results in the media is a violation of matriculants’ rights to privacy.

The department, civil rights group AfriForum and Maroela Media are opposing the application.

Late last month, the IR said that the department had not provided it with an undertaking that it would not publish the results as ordered in its enforcement notice.

“The DBE had the right to appeal the enforcement notice in terms of Section 97(1) of POPIA (Protection of Personal Information Act). POPIA provides, amongst others, that if an appeal is brought, the enforcement notice need not be complied with pending the determination or withdrawal of the appeal.

“The Regulator had not been served with the appeal application by close of business on 19 December 2024 despite media reports that the DBE had lodged an appeal against the decision of the Regulator in the High Court,” it said.

IR chairperson Pansy Tlakula explained that the department could not disobey lawfully issued orders of the Regulator without following the procedure stipulated in the legislation.

“The two orders issued by the Information Regulator against the DBE have the fullest legal force and effect and must be complied with by the DBE until set aside or suspended by an appeal served upon the Regulator timeously,” she said.

AfriForum’s Alana Bailey told Inside Education that it and other parties had succeeded in a case on the same issue in 2022.

A judge ruled in favour of the organisation that the release of the NSC results was in the public interest, and that by using exam numbers instead of the names of Grade 12 learners, the privacy of matriculants was sufficiently protected.

It argues that the 2022 order is still valid.

The department also maintains that the information revealed in the media does not identify a pupil, and is therefore, not in contravention of the Act.

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The Basic Education Department has instituted legal proceedings to set aside an enforcement notice, barring the publication of matric results in newspapers.

Basic Education spokesperson Elijah Mhlanga said the department filed its papers against the Information Regulator (IR) at the North Gauteng High Court on Friday.

“The appeal means that the enforcement notice has been suspended and that the department will proceed and release results to media houses who will publish in terms of the established practice in which only exam numbers are used,” Mhlanga said.

In September, the regulator 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.

The spokesperson said the appeal focused on four areas.

Mhlanga said an enforcement notice under Section 95(1) of the Act could only be issued and served in respect of a past or present interference with the protection of the personal information of a data subject and was reactive in nature; making the proactive barring null and void.

Secondly, he said that the IR was already bound by a court order regarding the lawfulness of the release.

Thirdly, Mhlanga confirmed that information revealed in the newspapers did not relate to an identifiable person and was, therefore, not in contravention of Section 11 of the Act.

Lastly, Mhlanga maintained that the information published was in any event compliant with the processing limitations contained in either Ssection 11(1)(b)-(f) of the legislation.

He said despite the IR’s statement that the department had failed to demonstrate compliance with the law, it was for the regulator to positively demonstrate non-compliance.

“The decision to serve the department with the enforcement notice is not in accordance with the law and involves an exercise of discretion by the IR that ought to have been exercised differently,” Mhlanga said.

This comes on the heels of AfriForum, via its legal team, Hurter Spies Attorneys, issuing a letter of demand to Basic Education Minister Siviwe Gwarube seeking clarity on the matter, and whether the department intended to file an appeal against the notice and 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 read.

The results will be announced on 13 January next year.

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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.

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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.

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While the Information Regulator (IR) has directed the Basic Education Department not to publish matric results on media platforms for the 2024 academic year, AfriForum has accused the IR of being unreasonable and is going to court, and the department is still weighing up its options.

The regulator has accused the department of non-compliance with the Protection of Personal Information Act. In its enforcement notice, issued last week, it determined that the department violated Section 11 of the Act by publishing matriculants’ personal information without consent.

IR spokesperson Nomzamo Zondi told Inside Education that there were other alternatives that would ensure compliance and privacy, such as providing results directly at schools or through secure SMS platforms.

The department has also been mandated to get prior consent from the 2025 matric cohort if results are to be published.

This directive follows a complex legal history.

In 2022, the DBE initially halted public matric result publications to align with the Act. However, AfriForum, Maroela Media and 2021 matriculant Anlé Spies, successfully challenged the decision in the North Gauteng High Court.

The court ruled that results could be published without names, using examination numbers instead.

While this addressed accessibility concerns, the IR maintains that the ruling did not address whether publishing results violates the Acts privacy standards.

On Monday, AfriForum reiterated its stance that publishing results with anonymised identifiers did not infringe on privacy.

Speaking to Inside Education, AfriForum’s head of cultural affairs, Alana Bailey, confirmed the organisation’s intent to contest the ban.

“It’s in the public’s interest to publish the information, especially for learners in rural areas who may face difficulties accessing their results otherwise,” Bailey said.

She highlighted the 2022 ruling as a precedent and emphasised AfriForum’s commitment to safeguarding student accessibility without breaching privacy laws.

While the department met its legal team over the weekend, there was no word on the way forward.

Department spokesperson Elijah Mhlanga did note that they were deliberating the next step, considering the legal and operational complexities.

He also pointed out the IR’s absence during the 2022 case, which left critical issues unresolved.

Mhlanga emphasised that any decision would aim to balance compliance with the Act and the public’s right to information.

The IR, led by Chairperson Pansy Tlakula, remains firm on its position.

The body, established under Popia, is tasked with ensuring the lawful processing of personal data in South Africa.

Zondi warned of severe penalties for non-compliance, including fines of up to R10 million or imprisonment of up to 10 years.

AfriForum’s legal challenge is expected to reignite debates about balancing privacy rights with public accessibility.

In 2022, the publication issue highlighted the challenges rural learners faced in retrieving results without public platforms.

The group also plans to engage Maroela Media as a potential co-litigant, leveraging their shared advocacy for transparency and access.

As the legal battle looms, stakeholders await clarity on how the department will navigate the conflicting demands.

The outcome could set a significant precedent for managing personal information in South Africa’s education sector.

While the 2024 matriculants anticipate their upcoming results, the decision underscores the evolving tensions between data privacy laws and practical considerations in a digital age.

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Civil rights organisation AfriForum plans on taking the Information Regulator (IR) to court following its decision to halt the Basic Education Department from publishing the 2024 matric examination results.

Speaking to Inside Education on Monday, AfriForum’s Alana Bailey confirmed that following discussions with the group’s CEO Kallie Kriel, it had given instructions to its  legal team to proceed with the case.

Bailey said the decision to go to court was borne from the fact that it was in the public’s interest to publish the information.

“It would not culminate in the infringement of anyone’s privacy due to the fact that exam numbers will be published, instead of names and surnames,” she said.

Bailey said the previous litigation on this matter established this fact, and even awarded a cost order against the department in AfriForum’s favour.

In 2022, AfriForum, accompanied by matriculant Anle Spies and Maroela Media, challenged the department’s decision to stop publishing matric results in the media to align with the Protection of Personal Information Act requirements.

This was to protect student privacy and curb potential misuse of personal information.

The North Gauteng High Court ruled in favour of the publication and instructed the department to publish the results omitting first names and surnames.

IR spokesperson Nomzamo Zondi said last week that the department had failed to obtain permission from matriculants who sat for the previous year’s exams, or their guardians, and expected such permission being sought for next year’s exams.

Zondi maintained that while ordering the department to publish the results, the court failed to make a ruling on the merits of whether processing of personal information through publishing was in violation of the Act.

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The Basic Education Department has confirmed that it is currently in discussions with its legal team on whether to fight the enforcement notice by the Information Regulator (IR) in prohibiting the publishing of matric results on media platforms.

Basic Education spokesperson Elijah Mhlanga said the department was due to meet its legal team for advice over the weekend.

He told Inside Education that the department has discussed the issue internally. It was now requesting legal counsel.

Mhlanga said by the end of the weekend, the department would have an idea of how to proceed.

IR spokesperson Nomzamo Zondi said on Friday that following a compliance assessment by the regulator, the department was found to be violating Section 11 of  the Protection of Personal Information Act.

Zondi said the department had failed to secure permission from matriculants who sat for the 2023 National Senior Certificate exams or their guardians, before publishing their personal information, thereby breaching privacy rights.

“The IR found that no legal justification existed for the DBE to continue with the publication of the results in the newspapers,” she said.

Civil rights group AfriForum is also consulting its lawyers on the matter.

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The Information Regulator (IR) has ordered the Basic Education Department to refrain from publishing matric results for 2024 on media platforms, and it must obtain explicit consent to publish the 2025 results.

This directive follows an enforcement notice issued by the regulator, citing non-compliance with the Protection of Personal Information Act (POPIA). 

IR spokesperson Nomzamo Zondi spoke to Inside Education on Thursday, saying that following a POPIA compliance assessment, they found that the department’s practice of publishing matric results violated Section 11 of the Act. 

Zondi said the department had failed to secure permission from matriculants who sat for the 2023 National Senior Certificate exams or their guardians, before publishing their personal information, thereby breaching privacy rights.

“The IR found that no legal justification existed for the DBE to continue with the publication of the results in the newspapers,” she said. 

The regulator advised the department to employ alternative, privacy-compliant methods for distributing matric results, including having students retrieve their results directly from their schools or using a secure SMS platform. 

This would enable students to access their scores confidentially.

In addition, the IR ordered that for the 2025 cohort, the department must create a system to collect prior consent from learners or their guardians if it intended to publish results publicly. 

Zondi said that should the department fail to implement these changes, it risked being barred from publishing matric results in any form for 2025. 

In 2022, the department initially decided to stop publishing matric results in the media to align with Popia requirements, aiming to protect student privacy and curb potential misuse of their personal information. 

However, this decision was challenged by civil rights group AfriForum, Maroela Media and Anlé Spies, a 2021 matriculant. They argued that limited access to school facilities and the internet could hinder students, particularly those in rural areas, from easily accessing their results. 

The North Gauteng High Court ruled in favour of the publication and instructed the department to publish matric results while omitting first names and surnames, instead using only examination numbers. 

Zondi, however, maintained that while ordering the department to publish the results, Judge Miller did not make a ruling on the merits of whether the processing of personal information by publishing matric results was a violation of Popia.

Inside Education spoke to AfriForum’s Alana Bailey, who said its legal division would study the directive.

Department spokesperson Elijah Mhlanga said they would officially communicate the way forward in due time.

Headed by Pansy Tlakula, the IR is an independent body established in terms of Popia. It is accountable to the National Assembly and responsible for overseeing the protection of personal information in the country. 

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The Class of 2022 sat for their final school examinations from October 31 to December 7 last year.

The department explained that results for the matric class of 2022 are currently being processed.

“When the results are released, we urge [learners] to collect their results at the centre where [they] sat for the 2022 National Senior Certificate examinations,” the department said.

For learners who will return to school this year, the academic year will kick off on Wednesday for learners attending school in Gauteng, Free State, Limpopo, Mpumalanga and the North West.

In the coastal cluster – Eastern Cape, KwaZulu-Natal, Northern Cape and Western Cape – learners will have their first day of school on 18 January.

Meanwhile, Higher Education, Science and Innovation, Minister Blade Nzimande, has condemned the murder of Mboneli Vesele who was a bodyguard of University of Fort Hare Vice Chancellor Professor Sakhele Buhlungu.

This after an alleged attempted assassination of the vice chancellor on Friday.

“I outrightly condemn this barbaric murder of Mr Vesele and the attempt on the life of Professor Buhlungu. This attack is not only an attack on the University of Fort Hare but also an attack on the entire Post School Education and Training sector.

“I also encourage all the Vice Chancellors (VC) and TVET College Principals to engage with my Department on all security related issues to enable us to engage with the Cabinet Security Cluster, particularly on security concerns that have an impact on the institutions’ ability to perform their duties,” Nzimande said.

The department is providing psycho-social support to Vesele’s family and university staff. – SAnews.gov.za

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