Matric results free to be published after high court ruling

The department of basic education can continue to publish matric results in the media after the high court in Pretoria found in its favour in the case against the Information Regulator, which barred the publication of examination numbers of matric candidates.

The regulator, an independent body, in November 2024 issued an enforcement order for the department to stop publishing examination numbers of matric candidates, arguing it contravened the Protection of Personal Information Act (Popia).

The regulator said learners in the same school can identify other learners and their results because examination numbers are allocated sequentially.

The department went to court to challenge the regulator’s notice.

Judge Omphemetse Mooki said in his judgement on Friday: “I hold the manner of publication of the results does not constitute the processing of personally identifiable information. The question of infringement of the right of privacy does not arise.”

He said it would be unusual for learners, having prepared for examinations for various papers and spent weeks awaiting results, to care to recall who sat next to them and work out from the sequence of examination numbers to know how other learners performed.

“I agree with the department that the regulator’s contention is fanciful. Its approach is akin to a poorly construed thought experiment. No empirical evidence supports the position. The regulator’s stance does not reflect events in the real world.”

This marks the second time the regulator has lost the case. In January, it lost an urgent application to interdict against the release of matric results in the media.

Business Day