Key Takeaways:
- The Gauteng High Court has dismissed the Information Regulator’s bid to halt the publication of the 2025 matric results.
- The court ruled that the publication of matric results using examination numbers does not constitute the processing of personally identifiable information.
- The Information Regulator’s arguments were dismissed as "fanciful" and likened to "a poorly constructed thought experiment".
- The Department of Basic Education (DBE) had opposed the application, with AfriForum joining the case as an interested party.
- The publication of matric results will proceed as planned, with the results scheduled to be released on January 12, 2026.
Introduction to the Court Case
The Gauteng High Court has handed down a crushing judgment in the matter of the Information Regulator’s bid to halt the publication of the 2025 matric results. The court upheld an appeal by the Department of Basic Education (DBE), dismissing the regulator’s arguments as "fanciful" and likening its stance to "a poorly constructed thought experiment". This judgment is the latest in an ongoing battle over whether the National Senior Certificate (NSC) results could be published in newspapers using pupils’ examination numbers.
The Information Regulator’s Arguments
The Information Regulator had filed an urgent application to block the release of the NSC examination results in newspapers, citing concerns about the violation of students’ privacy under the Protection of Personal Information Act (Popia). However, the court ruled that the regulator’s stance does not reflect events in the real world. Judge Mark Morgan stated that it would be a very unusual learner who, having prepared for examinations, having spent weeks sitting for various papers, and having spent weeks awaiting results, would care to recall who sat next to the learner during examinations, work out from the sequence of examination numbers, and then have thoughts about how that other learner performed in the examinations.
Privacy Concerns
The court also addressed the issue of privacy, stating that the Popia Act is concerned with preserving privacy interests. However, Judge Morgan ruled that the manner of publication of the results does not constitute the processing of personally identifiable information. Therefore, the question of infringement of the right to privacy does not arise. The court held that the other issues raised in the application are incidental to whether the students’ right to privacy was infringed, and it is therefore unnecessary to address those other issues.
The Urgent Application
The Information Regulator had issued an enforcement notice in November last year, citing concerns about the publication of matric results. The DBE had opposed the application, with AfriForum joining the case as an interested party. Despite the potential R5 million fine, the DBE had planned to announce the results. The EFF had also sided with the Information Regulator in the court challenge, expressing concerns over the publication of examination results. However, the court’s judgment has paved the way for the publication of the results to proceed as planned.
The Publication Battle
The Information Regulator had argued that the results should not be published, even if no names are attached. The arguments before the court questioned whether the media, particularly newspapers, should publish the results. In recent years, the media has published results that show only a pupil’s unique exam number. However, the Information Regulator’s urgent application was intended to force the DBE to comply with the enforcement notice that had been issued by the regulator on 18 November 2024.
The Matric Results
South Africa’s education regulator, Umalusi, has confirmed that the 2025 matric results will be released on 12 January 2026. The marking of examination papers will conclude on 18 December, after which the quality assurance process will take place to ensure accuracy. The publication of the results will provide a sense of closure for the matriculants, who have been waiting anxiously for their results. The court’s judgment has brought an end to the uncertainty surrounding the publication of the results, and the matriculants can now look forward to receiving their results as planned.
Conclusion
In conclusion, the Gauteng High Court’s judgment has dismissed the Information Regulator’s bid to halt the publication of the 2025 matric results. The court’s ruling has paved the way for the publication of the results to proceed as planned, and the matriculants can now look forward to receiving their results on January 12, 2026. The judgment has also provided clarity on the issue of privacy and the publication of matric results, and it is hoped that this will bring an end to the ongoing battle over the publication of the results.
