Matrics can access their results in local newspapers amid legal disputes

While the legal battle over the publication of the matric results is still ongoing, matrics awaiting their results will be able to access it via their local newspapers.

Gauteng Department of Education spokesperson Steve Mabona on Wednesday confirmed that this will be the case. “There was a decision on this matter and yes, the results will be available in the newspapers,” Mabona said.

The Information Regulator (IR), however, maintained that the information cannot be published in light of the pending appeal.

The Gauteng High Court, Pretoria, in December turned down an application by the IR for an order barring the publication of the results. Three judges ruled that the results may be published, but that this had to be done by only using the candidate’s exam number.

The IR, however, maintains that this will contravene the Protection of Personal Information Act (POPIA). It noted an application for leave to appeal to the court, aiming to take the appeal to the Supreme Court of Appeal.

The IR made it clear that the pending appeal suspends last month’s court order, which gave the greenlight to the publication.

IR spokesperson Nomzamo Zondi on Wednesday reiterated that the Enforcement Notice, barring the Department of Basic Education (DBE) from publishing the results in newspapers, is still in force.

“Since we filed the leave to appeal the Enforcement Notice, which states that the results cannot be published without our consent, it is still active,” she said.

The IR, meanwhile, said it cannot at this stage comment regarding the DBE’s decision to publish the results, despite the looming appeal.

The department on Tuesday published the official guidelines on its Facebook page as to how learners can access their results next week. One of the points was that they can, on the day of the results being released, check this in their local newspaper, using their exam number.

Learners can also view their results through the DBE’s website, using their examination numbers and date of birth, or via SMS. Official printed statements can also be collected from the various schools or examination centres.

AfriForum, one of the respondents in the latest legal battle against the IR, earlier this week said it will seriously consider turning to court for an urgent order if the results were not to be published in newspapers.

In challenging the High Court’s decision on the matric results, the IR said in its notice for leave to appeal that issues such as the DBE’s defences based on section 11 of the POPIA must be clarified by the SCA.

It added that these defences are going to arise in other matters in the future.

“It is in the interests of justice and in the public interest to have those issues resolved,” it said, adding that there is, in general, a need for regulatory certainty as to the interpretation and application of the various provisions of the POPIA which were in dispute between the parties.

zelda.venter@inl.co.za