The Department of Basic Education (DBE) has welcomed a high court decision confirming the publication of the National Senior Certificate (NSC) examination results in newspapers and across accredited media platforms, consistent with long-standing national practice.
“The Department of Basic Education welcomes the judgment delivered by the High Court, which confirms that the department is lawfully authorised to publish NSC examination results in newspapers and across accredited media platforms, consistent with long-standing national practice.
“The judgment provides crucial legal clarity for learners, parents, institutions and the media, following recent uncertainty regarding the publication of matric results. In its findings, the Court condoned the department’s late filing of the appeal and proceeded to consider the matter on its merits,” the department said in a statement.
This as the full bench of the Pretoria High Court to set aside the Information Regulator’s Enforcement Notice wherein the regulator sought to block the publication of matric results.
The Enforcement Notice was issued against the DBE on 18 November 2024 following a finding from an assessment of how the department processes the personal information of learners who sit for matriculation exams.
The department said that the court further held that the established method of publishing NSC results does not constitute the processing of personal information as defined in the Protection of Personal Information Act (POPIA).
“As such, allegations of infringement of POPIA fall away,” it said.
In addition, the court upheld the department’s appeal, setting aside both the enforcement and infringement notices that had previously been issued.
“Collectively, these determinations affirm the legality of the department’s long-standing dissemination practices and remove any residual ambiguity surrounding the continued publication of NSC results.
“The department welcomes this clarity, which reinforces a results-access system that has, for decades, provided candidates, families, and post-school institutions with equitable and reliable means of obtaining examination outcomes,” said the department.
The department further reiterated its confidence in the Information Regulator and acknowledges its essential role in safeguarding personal information across the Republic.
The DBE remains committed to working collaboratively with the Regulator to uphold learners’ rights and strengthen digital safety in alignment with POPIA.
Meanwhile, the Information Regulator is studying the court decision.
READ | Regulator studying court decision on publication of matric results
In its statement on Friday, the regulator noted the decision by the full bench. –SAnews.gov.za
