Information Regulator hopes to appeal ruling that allows publication of matric results

Judgment is pending in the Information Regulator’s application for leave to appeal the North Gauteng High Court's ruling on the publication of matric results.

In December last year, a full bench of the High Court dismissed the regulator's bid to scrap the publication of matric results permanently.

It said it’s a breach of the Protection of Personal Information (POPI) Act.

The matter was heard virtually on Thursday.

The case dates back to 2024 when the Information Regulator issued an infringement notice to the Department of Basic Education (DBE) after it was ordered not to contravene the POPI Act by publishing the matric results in January 2025.

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The regulator fined the department R5 million for failing to commit to the regulator's instructions by 19 December 2024.

The regulator lost the case against the DBE and AfriForum in December, when the court ruled that publishing matric results by using the examination numbers was sufficient protection for learners' identity.

AfriForum’s Alana Bailey said that while the regulator is appealing the ruling and challenging the court’s authority, AfriForum maintains that learners’ rights were protected and that the court did have jurisdiction.

"Clarity about the acceptability of this and about the balance between the right to privacy and public interest is urgently required. Vital research also depends on it," said Bailey.

AfriForum said it is eagerly awaiting the court's decision on whether the regulator will be allowed to appeal.