9 January 2025

Gauteng High Court Clears Way for Matric Results Publication Amid Legal Challenge

Thousands of learners who wrote matric last year will once again be able to access their results through the media next week, following a ruling from the Gauteng High Court in Pretoria.


On Wednesday, Judge Ronel Tolmay struck off the application by the Information Regulator (IR) to prevent the Department of Basic Education from publishing the results in the media. In her ruling, the judge clarified that she had only considered the issue of urgency at this stage, without addressing the merits of the application itself. She determined that the IR's request for urgent intervention was of its own making, given the timing of its application.


The IR had argued that it had no option but to seek a court order after the Department of Basic Education refused to comply with an enforcement notice issued by the IR. The notice had instructed the department not to publish the results, following an assessment of whether doing so would infringe on the learners’ right to privacy regarding their personal information. The IR concluded that publishing the results would indeed violate these rights, leading to its directive.


However, the department had appealed the enforcement notice, maintaining its stance on the issue. Judge Tolmay noted that the IR had received the report on the assessment 10 months ago, and was fully aware of the department's position well in advance. She pointed out that despite this, the IR chose to approach the court during the peak period for the department, in December. This, she stated, constituted a "self-created" sense of urgency.


The judge also remarked that the results had been routinely published in the media for years, questioning why this year’s situation should be treated differently.