Judgment has been reserved following an urgent application brought by the Information Regulator (IR) contesting the publication of the matric results. The regulator is raising significant concerns regarding the violation of students’ privacy associated with the release of results on public platforms, including newspapers.
On Tuesday, Judge Ronel Tolmay presided over a hearing where legal representatives for both the Information Regulator and the Department of Basic Education presented their arguments regarding the urgency of the matter. The proceedings were marked by pointed questions from Judge Tolmay, particularly regarding the basis for the current application.
“Your client was well aware that the matric write exams in the last part of the year,” Tolmay remarked. “She knew that there was a problem in the past, and there was a court order in this regard. So what makes this year different from 2022 and 2023? We are limited in understanding why this year’s results should not be published.”
The Department of Basic Education plans to release the matric results next week Tuesday, utilising exam numbers to maintain a level of anonymity. However, the Information Regulator contends that even when published in this manner, the results constitute a form of identification that infringes upon the Protection of Personal Information Act (POPIA).
This legal battle comes at a pivotal moment, as the release of matric results traditionally garners widespread attention across the nation. As students and parents await the outcome, the implications of this case could shape the future of privacy and data protection within the educational landscape in South Africa.
Legal representatives for both parties are expected to receive a directive on the way forward on the matter tomorrow, adding an air of anticipation to the ongoing debate surrounding privacy rights versus public access to educational achievements.