The Department of Basic Education (DBE) has expressed their intention to release this year’s matric results in newspapers, stating they will be guided by a 2022 North Gauteng High Court decision.
In January 2022, AfriForum, Maroela Media and a matriculant won a case to ensure that the 2021 matric results will be published in the media after the department announced a decision that it would not do so.
Earlier this month, the Information Regulator of South Africa (IR) issued an Infringement Notice and an Enforcement Notice to the department, stating it failed to comply with the Protection of Personal Information Act in 2023.
“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“It directed that the results of the 2024 matriculants should not be published in the newspapers, and (the DBE) must make these results available to the learners using methods that are compliant with POPIA, such as each learner obtaining their result from the school or using the secure SMS platform of the DBE which enables each learner to access their results confidentially.
“In the Enforcement Notice, the IR has directed the department to obtain the consent of learners or the parents and guardians of learners who will write the matric examination in 2025 before publishing their results in newspapers,” said the regulator.
DBE’s Chief Director for National Assessment and Public Examinations, Rufus Poliah said the department was of the view that based on advice from a Senior Council, it was compliant with POPIA.
“The publication of the results in the newspapers is necessary to accommodate learners that are on vacation during this period and cannot access their schools to obtain their results.
“The results are published in the newspapers in an anonymised format using examination numbers. We will be guided by the 2022 court order,” he said.
When asked whether the department intended to approach the court again in its engagement with the IR, Minister Siviwe Gwarube said it would be too premature to announce such a decision.
She reiterated Poliah’s point about the anonymity of the results and 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.
AfriForum’s Head of Cultural Affairs Alana Bailey said it was in the public’s interest that the information is shared on public platforms.
“To label 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. AfriForum is determined to once again do everything in its power to ensure that this year’s matriculants will also be able to get their results on media platforms as had been the custom in the past,” said Bailey.
On Thursday a rewrite was held for Computer Application Technology (CAT), for learners who were affected by power cuts and floods.
About 181 marking centres with more than 70 000 markers located near police stations have been audited and opened on Wednesday.
The actual marking will commence on Sunday and conclude on December 13.
The capturing of all marks is expected to conclude on December 16, and the Umalusi approval meeting follows on January 7 next year.
The ministerial announcement is expected on January 13 and the provincial release of results the following day.
Cape Times