Pretoria – The High Court in Pretoria has ruled in favour of the publication of the 2024 matric results in newspapers and other media platforms.
Judge Ronèl Tolmay today, (Wednesday 8 January 2025), ruled in favour of the publication of the results by the Department of Basic Education (DBE).
The matter was brought to the court after the Information Regulator (IR) of South Africa slapped the DBE with a R5 million fine for not upholding an enforcement notice issued on November 18, 2024, prohibiting the department from publishing 2024 matric results in newspapers.
AfriForum and several other groups were added as interested parties to the IR’s case against the Department of Basic Education (DBE).
Commenting on the matter, AfriForum said it “welcomes the fact that the urgent application of the IR to obtain an interdict against the publication of the 2024 matric results was unsuccessful”.
The IR was also ordered to pay AfriForum’s legal costs for this case.
The case was heard in the Pretoria High Court on Tuesday, (7 January 2025).
The IR argued that the publication of the matric results in public media would be a violation of the matriculants’ right to privacy.
On the contrary, Judge Ronèl Tolmay ruled that it was in the public interest and that the results should be published on public platforms and in printed media.
However, the case where the merits of the withholding or publication of the results will be decided will follow later in the year.
“The ruling is a victory for the matriculants for whom the publication of their results in this way is of great importance,” Bailey said after the case.
“It is also part of the larger conversation that is essential to gain more clarity about the distinction between the right to privacy and the public interest.”
In the judgment, the Judge noted “The parties will be well advised to determine what is ultimately in the best interest of the learners. After all, it is their rights we are dealing with”.
Meanwhile, the GOOD Party said:; ”There is a duty on both the Information Regulator and the Department of Basic Education to work together in the future to find a method of publication which is in the best interests of the learners who wrote their matric exams”.
Historically, the publication of the matric results with full names was a milestone that marked the end of a basic schooling journey.
Learners and families pored over the pages of newspapers to check for their names.
“That excitement is something that was obviously enjoyed only by those whose name was published. If it was not published it meant you were not successful,” explained Brett Herron, GOOD: Secretary-General.
“As our understanding of adolescent mental health issues, trauma, and the right to privacy has evolved, so too has our understanding of the impact of not succeeding and having your family and peers find out by the omission of your name in a publication.
“The rite of passage versus the right to privacy is what we are grappling with.
“We can’t dismiss the trauma that can be inflicted when we ignore the right to privacy.”
The GOOD Party said that given that the results were now published by exam number only, the rite of passage was no longer as relevant and the balance of common sense must weigh in favour of protecting privacy.
“There is little joy in seeing random numbers published without names and surnames as the High Court ordered the DBE to do from 2022,” said Herron.
“The DBE should work on a system for notifying each learner directly, as suggested by the IR, for future exams.
“We say to parents and learners that the matric results are a significant milestone.
“Bear some thought for those for whom the outcome is disappointing and traumatising.”
Responding to the high court ruling, the IR said it “notes the decision” by Judge Tolmay to strike off the roll of its application brought on an urgent basis on the matter of the publication of matric results in the newspapers by the DBE.
“Naturally, the regulator is disappointed that the decision was not in its favour,” the regulator said in a statement.
The IR said its urgent application was about compliance with the Protection of Personal Information Act (POPIA) and the enforcement of the orders made by the Regulator to the DBE.
The regulator, however, said it welcomes judicial processes that may help to illuminate certain aspects of POPIA, particularly on the issue of the obligations of responsible parties in complying with its orders.
“Today, Judge Tolmay found that our argument for urgency of the matter was not substantiated,” the IR said.
“The primary implication of the high court’s decision is that the DBE is likely to proceed with their intention to publish the 2024 Matric results in the newspapers as they had indicated recently.
“If the DBE is to proceed with the publication of the results in the newspapers, they will still be guilty of non-compliance with the regulator’s orders.
“This is because the regulator’s orders are not suspended by the high court’s decision today, nor by any appeal.
“No appeal is currently before the court.”
Additionally, the regulator said the high court’s decision today means that the matter will then have to be heard in the normal course insofar as the orders relating to the 2025 results were concerned.
“The decision of the high court today does not mean that the processing of personal information of the matriculants, by publishing their exam numbers and results, is lawful,” the IR statement said.
“The regulator maintains that position and the merits of our case will be dealt with should the DBE lodge an appeal which will be heard, possibly on an expedited basis.
“Until such time as an appeal against the orders of the regulator is brought before the court, the regulator will continue to expect compliance with its orders and will do what is provided for in the law to enforce its orders.”
The National Senior Certificate Examination Results for the Class of 2024 will be released on Monday 13 January 2025.
