Following the Information Regulator's announcement on the ban on the publication of the matric results, Afriforum says they will take the matter to court. The ban was after the independent body found that the Department of Basic Education (DBE) was in breach of the conditions for the lawful processing of personal information.
WHAT PRIVACY?
In a statement, the Information Regulator said: "No legal justification existed for the DBE to continue with the publication of the results in the newspapers." It directed that the results of the 2024 matriculants should not be published in the newspapers and must be made available to the learners using methods compliant with POPIA.
KwaZulu-Natal Parents Association Chairperson Vee Gani said he doesn't see how publishing only the student number was infringing on the privacy of the students. He said the person who is likely to know the student could be someone from the school or a family member. "The banning of publishing results in the media is not going to help anyone. I feel sorry for the kids. How are they going to get their results? The government must first provide a reasonable alternative for pupils to access the matric results immediately. This is something that children look forward to," Gani said.
TAKING THE MATTER TO COURT
AfriForum announced that it will approach its legal team to challenge the Information Regulator's directive prohibiting the publication of the matric results. In a statement, AfriForum said in January 2022, Maroela Media and a matriculant won a case to ensure that the 2021 matric results could be published in the media after the department had announced that they would no longer publish the results in the media. "The court ordered the department to proceed with the publication thereof and a costs order was even issued against it. To label it as a violation of individuals' right to privacy does not make sense, as only examination numbers appear in the media. The court has previously ruled in favour of AfriForum and the other parties that this does not infringe on anyone's right to privacy," the lobby group said in a statement. Elijah Mhlanga, spokesperson for the DBE, stated: "The department is still processing the matter internally. At the right time, we will make our steps public."