The department approached the North Gauteng High Court in Pretoria on Friday and filed papers in efforts to set aside an Information Regulator’s (IR) enforcement notice which is instructing the department not to publish the results on media outlets.
The Department of Basic Education (DBE) remains confident that this year’s matric results will be released in newspapers as they are challenging the Information Regulator of South Africa’s ban.
The DBE argues that the ban is not in accordance with the law.
It approached the North Gauteng High Court in Pretoria on Friday and filed papers in efforts to set aside an Information Regulator’s (IR) enforcement notice which is instructing the department not to publish the results on media outlets.
It accused the department of failing to comply with the Protection of Personal Information Act in 2023.
However, DBE's Elijah Mhlanga said the department has received consent from candidates who wrote their exams and a 2022 North Gauteng High Court decision also gives them a right to publish the results.
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.
“The appeal means that the enforcement notice has been suspended and that the Department will proceed and release results to media houses who will publish in terms of the established practice in which only exam numbers are used. “In its papers the Department argues that the publication of the matric examination results in its current format (only the examination number and the results) in local newspapers is not information that relates to an identifiable learner. For the Information Regulator to sit back and merely state a conclusion on the basis that the Department of Basic Education has failed to demonstrate compliance with any one of the conditions in section 11(1) of the POPI Act, is therefore insufficient.
“It is for the Information Regulator to positively demonstrate non-compliance with the relevant provisions of the POPI Act in respect of a past or present interference with the protection of the personal information of a data subject before an enforcement notice can be served,” said Mhlanga.
During the department's last media briefing last month over exam progress, 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.
However, IR believes exam numbers can be identifiable, and it insists that results must be given to students individually to ensure their privacy is maintained, obtaining the results directly from the school or receiving them via SMS.
IR spokesperson Nomzamo Zondi told the Cape Times last month that DBE had not responded nor formally communicated with them while they were making public statements.
“They have 31 days to react to some of the instructions we issued in the Enforcement Notice which we issued to them on November 4, 2024,” said Zondi.
The IR did not respond by deadline on Monday regarding the court papers. The marking of exam scripts concluded on time last week and marking centres are currently closed.
The next phase will be capturing marks and the department is expected to meet with Umalusi next week.
Cape Times
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