Despite a looming R5 million administrative fine by the Information Regulator of South Africa, the Department of Basic Education said it is going ahead with the publication of matric results in the media.
This as the regulator said the department failed to uphold an enforcement notice issued on November 18, 2024, which instructed the department to make an undertaking that it’ll not publish the 2024 matric results in the media.
According to the regulator, the department failed to confirm within 31 days whether it would refrain from publishing the matric results.
The 31 days given to the department by the regulator expired on 19 December 2024.
The regulator had found that the department contravened sections of the Protection of Personal Information Act (Popia) by publishing the results in the media previously.
“To date, the department has not provided the regulator with an undertaking that it will not publish the results of the 2024 matriculants in the newspapers as ordered in the enforcement notice or any other communication in that regard,” read a statement from the regulator.
Meanwhile, the department said it has noted both the infringement notice and the media release issued by the regulator.
In addition, the department sought to clarify to the regulator that it has filed its appeal application in terms of section 97 of the POPI Act on the relevant online high court system on 13 December 2024.
“The State Attorney confirmed to the Department on 18 December 2024 that the Registrar of the High Court approved the application on 17 December 2024 and that the appeal application was being served by the Sheriff of the High Court on the Information Regulator on 18 December 2024.
The POPI Act requires the appeal to be made to the High Court within 30 days of the date on which the enforcement notice was received.
The enforcement notice was received by the Department on 18 November 2024.
The Department made its appeal to the High Court on 13 December 2024,” said the department in a statement.
Moreover, the department said it’ll engage the regulator on this matter via the State Attorney and its counsel as a matter of urgency.
“The Minister still maintains her view that inter-governmental issues can be resolved through dialogue by resorting to adversarial legal proceedings,” added the statement.
