The Information Regulator has vowed to continue its efforts to block the publication of the 2025 matric results in the media, following a ruling by the full bench of the Pretoria High Court that set aside the Regulator’s enforcement notice and an infringement notice carrying a R5 million fine issued against the Department of Basic Education (DBE) in late 2024.
The enforcement notice, issued on 18 November 2024, followed an assessment into how the DBE processes the personal information of learners writing matriculation examinations.
That assessment found the department’s practices to be in violation of provisions of the Protection of Personal Information Act (POPIA), particularly regarding the publication of results, which the Regulator believes could compromise learners’ personal information.
As part of the enforcement action, the DBE was ordered to provide an undertaking that it would not publish the 2024 matric results in newspapers within 31 days of the notice being served.
The order further stated that the department “must not publish the results for the 2024 matriculants in newspapers and must make these results available to the learners using methods that are compliant with POPIA.”
However, the DBE did not comply with the enforcement notice, prompting the Regulator to issue an infringement notice against the department.
The matter has now escalated, with the Information Regulator set to approach the Supreme Court of Appeal to challenge the Pretoria High Court ruling.
Led by Advocate Pansy Tlakula, the Information Regulator is an independent statutory body established under POPIA and accountable to the National Assembly.
Its mandate is to monitor and enforce compliance with POPIA and the Promotion of Access to Information Act across both public and private bodies, ensuring the lawful processing of personal information and the protection of individuals’ rights to privacy and access to information.
The Regulator also investigates complaints, issues guidance and codes of conduct, and may impose penalties for non-compliance. Its responsibilities have expanded to include oversight of access to information functions previously held by the South African Human Rights Commission.
In a statement to ITWeb, the Regulator said it has decided to apply for leave to appeal the High Court’s decision to set aside its enforcement and infringement notices issued to the DBE in 2024.
It explained that an application for leave to appeal is a formal request for permission to challenge a lower court’s ruling.
According to the Regulator, after studying the judgment it proceeded to file the appeal, which has the effect of suspending the execution of the orders under appeal pending the final determination of the application and any further appeals.
The Regulator has also written to the DBE outlining the implications of the application for leave to appeal.
“The application for leave to appeal makes the Enforcement Notice and Infringement Notices enforceable, which still prohibits DBE from publishing the matric results in the newspapers,” it says.
“The DBE must comply with the Enforcement Notice unless it obtains an order granting it leave to execute the judgment pending the final determination of the appeal.
“The Regulator stands firm in its position that the importance of judicial processes may help illuminate certain aspects of POPIA, particularly in relation to the obligations of responsible parties, such as DBE, in complying with the Regulator's orders and in protecting personal information that they hold about data subjects.”
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