As South Africa approaches the critical period for matric results, concerns are rising around the publication of these outcomes.
With only weeks remaining until the results are due, AfriForum has announced that it will mobilise its legal team to challenge a recent directive from the Information Regulator South Africa (IR), which prohibits the public dissemination of matric results.
This predicament echoes a similar situation faced in January 2022 when AfriForum, alongside Maroela Media and an affected matriculant, successfully contested a ban on the previous year’s results imposed by the Department of Basic Education (DBE).
In that ruling, the court mandated the publication of the results, underscoring the importance of public access to this information.
Currently, the IR has taken the lead, having issued an enforcement notice on November 4.
The regulator’s assessment revealed that the DBE breached the Protection of Personal Information Act (POPIA) by failing to obtain consent from learners or their guardians for the publication of the 2023 National Senior Certificate examination results.
According to Alana Bailey, AfriForum’s head of cultural affairs, the public’s right to access matric results outweighs privacy concerns.
“Labelling it as a violation of individuals’ right to privacy does not make sense, as only examination numbers appear in the media. The court has previously ruled in favour of AfriForum and the other parties that this does not infringe on anyone’s right to privacy,” said Bailey.
The Enforcement Notice issued by the IR dictates that all future results must be communicated through compliant means, such as direct school communication or secure SMS platforms, barring any publication in newspapers unless prior consent is obtained for the 2025 results.
Additionally, the regulator has mandated the DBE to establish a system to facilitate this consent before the next results publication.
In a statement, the IR said: “The IR found that no legal justification existed for the DBE to continue with the publication of the results in the newspapers. It directed that the results of the 2024 matriculants should not be published in the newspapers and must be made available to the learners using methods compliant with POPIA.”
Despite these developments, AfriForum remains resolute in its fight for public interest.
Bailey reiterated their commitment to ensure that this year’s matriculants will also be able to receive their results on media platforms as they have traditionally done.
Elijah Mhlanga, spokesperson for the DBE, stated: “The department is still processing the matter internally. At the right time, we will make our steps public.”
The Star