The Gauteng High Court has dismissed an urgent application by the Information Regulator seeking to halt the publication of matric results in newspapers. Judge Ronel Tolmay struck the case from the court roll on Wednesday, ruling that it lacked urgency and ordering the Regulator to pay costs.
“The present manner of publication has been followed for at least three consecutive years; why should this year be treated differently?” questioned Tolmay in her judgment.
The Regulator had sought an interdict to prevent the release of the 2024 matric results on public platforms, arguing that such publication violated learners’ privacy rights under the Protection of Personal Information (POPI) Act. The regulator claimed the practice breached the “conditions for lawful processing of personal information”.
Despite this, Judge Tolmay noted the absence of evidence showing harm to learners.
“The interests of the affected learners should have taken centre stage, it did not. There is nothing before me to indicate any prejudice to learners… It is also important to note that no evidence of any complaints by learners were placed before me,” she said.
Tolmay further urged the parties to resolve their differences in a manner prioritising learners’ rights.
“The whole dispute at this point centres on the contradicting views of the parties. The parties will be well advised to determine what will ultimately be in the best interest of the learners. After all, it is their rights we are dealing with.”
The Regulators application followed an enforcement notice it issued to the Department of Basic Education in November last year, demanding that it stop the publication of results in newspapers. The regulator turned to the courts when the Department did not comply.
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With the court’s decision, the matric class of 2024 will be able to view their results in their local newspapers as scheduled on Tuesday.