Pretoria – The High Court in Pretoria has ruled to permit the publication of the 2024 matric results in newspapers and other media formats.
On Wednesday, January 8, 2025, Judge Ronèl Tolmay announced that the Department of Basic Education (DBE) can proceed with the publication of the results.
This ruling emerged after the Information Regulator (IR) of South Africa fined the DBE R5 million for failing to comply with an enforcement notice issued on November 18, 2024, which prohibited the department from releasing the 2024 matric results.
Various organizations, including AfriForum, were involved as interested parties in the IR’s case against the DBE.
In a statement regarding the ruling, AfriForum expressed its satisfaction, stating that the IR’s urgent application for an interdict to block the publication of the 2024 matric results failed.
The court ordered the IR to cover the legal fees incurred by AfriForum in this case.
The hearing was held at the Pretoria High Court on Tuesday, January 7, 2025.
The IR argued that making the matric results public would violate the privacy rights of the matriculants.
In contrast, Judge Ronèl Tolmay concluded that publishing the results on public platforms and in print media serves the public interest.
However, the legal discourse concerning the merits of publication against withholding results will be examined later in the year.
“This ruling is a victory for the matriculants, as the public announcement of their results is meaningful,” Bailey stated after the ruling.
“It also fuels the ongoing dialogue essential for distinguishing between the right to privacy and the public interest.”
Judge Tolmay noted in her judgment, “The involved parties should reflect on what genuinely benefits the learners, whose rights are at risk.”
Meanwhile, the GOOD Party remarked: “Both the Information Regulator and the Department of Basic Education have a duty to work together to establish a publication approach that prioritizes learners’ interests.”
Historically, the announcement of matric results with full names has marked a significant milestone in the journey of basic education.
Students and their families would eagerly search through newspapers for their names.
“The excitement is an experience shared only by those whose names appeared. Not seeing one’s name signifies a lack of success,” Brett Herron, GOOD: Secretary-General, explained.
“As our understanding of adolescent mental health, trauma, and privacy rights has evolved, so has our awareness of the impacts of failure, particularly when students’ names are not included in publications.”
“We are navigating the balance between tradition and the right to privacy.”
“We cannot ignore the potential trauma stemming from neglecting the right to privacy.”
The GOOD Party noted that as results are now published by exam number only, the significance of this rite of passage is diminished, advocating for a focus on preserving privacy.
“Dispersing random exam numbers in print, without names, as mandated by the High Court since 2022, lacks enjoyment,” Herron remarked.
“The DBE should devise a direct notification system for each learner, as recommended by the IR, for future exams.”
“To parents and students, we affirm that receiving matric results represents an essential milestone.”
“We urge consideration for those who might face disappointing or distressing results.”
In response to the high court’s ruling, the IR stated that it “acknowledges the decision” made by Judge Tolmay to reject its urgent application related to the DBE’s publication of matric results in newspapers.
“We are understandably disheartened by the ruling not being in our favor,” the regulator commented.
The IR emphasized that its application centered on adherence to the Protection of Personal Information Act (POPIA) and ensuring the DBE followed its directives.
Nevertheless, the regulator appreciates judicial processes that could elucidate various aspects of POPIA, particularly concerning the obligations of responsible parties under its directives.
“Today, Judge Tolmay concluded that our urgency argument was unsubstantiated,” the IR remarked.
“As a result of the high court’s ruling, it seems that the DBE will proceed with its plan to publish the 2024 matric results in newspapers as previously stated.”
“Should the DBE publish the results, it will still be in violation of the regulator’s directives.”
“The regulator’s orders remain in effect despite the high court’s ruling today and any potential appeal.”
“There is currently no appeal before the court.”
Moreover, the regulator indicated that today’s high court decision suggests that the matter will go through standard judicial processes concerning orders related to the 2025 results.
“Today’s ruling does not absolve the processing of matriculants’ personal information by publishing their exam numbers and results as being unlawful,” the IR reiterated in its statement.
“The regulator maintains this position, and the merits of our case will be addressed if the DBE files an appeal, which may be expedited.”
“Until there is an appeal against the regulator’s orders presented to the court, we will continue to expect compliance and act accordingly under the law to enforce our orders.”
The National Senior Certificate Examination Results for the Class of 2024 will be announced on Monday, January 13, 2025.
