Key Takeaways
- The Information Regulator has approached the Supreme Court of Appeal for guidance on the publication of the 2025 National Senior Certificate matric results.
- The regulator’s decision comes after the Gauteng High Court ruled that publishing matric results on public platforms using only examination numbers protects matriculants’ privacy.
- An education activist has expressed support for the regulator’s decision, stating that it is a step aimed at finding clarity and protecting pupils.
- The regulator stands firm in its position that judicial processes may help illuminate certain aspects of the Protection of Personal Information Act (POPIA).
Introduction to the Issue
The 2025 matric cohort is set to receive its results on 12 January 2026, and with just ten days to go, the debate surrounding the publication of these results is heating up. The Information Regulator has approached the Supreme Court of Appeal for guidance on the matter, following a court ruling in December 2025. The Gauteng High Court in Pretoria had ruled that publishing matric results on public platforms using only examination numbers, rather than names, protects matriculants’ privacy. This decision was made after the regulator argued that publishing the results would compromise the privacy of the matriculants.
The Court Ruling and Its Implications
Acting Judge Mark Morgan dismissed the regulator’s arguments as "fanciful" and likened its stance to "a poorly constructed thought experiment." The regulator had argued that publishing the results would compromise the privacy of the matriculants, but the court ruled that using examination numbers instead of names would protect their privacy. The regulator has since applied to the Supreme Court of Appeal for leave to appeal the decision, arguing that the High Court had introduced a new concept in the interpretation and application of the Protection of Personal Information Act (POPIA). The regulator claims that the parties were not given an opportunity to make submissions on the meaning of the phrase "personally identifiable information" in the context of the dispute before the court, and as a result, their right to a fair hearing was violated.
The Regulator’s Decision to Seek Guidance
The regulator’s decision to approach the Supreme Court of Appeal for guidance on the publication of the 2025 National Senior Certificate matric results has been supported by education activist Hendrick Makaneta. Makaneta stated that the regulator’s decision is a "step aimed at finding clarity with a view to protecting pupils." He acknowledged that publishing results has helped families to get information quickly, especially in areas with poor internet access, but also recognized that worries about privacy are real. Makaneta expressed hope that the process would be handled with calm voices and open minds, and that the shared goal would be the general well-being of all pupils and public trust in education.
The Regulator’s Position and Next Steps
The regulator has stated that it stands "firm in its position" that the importance of judicial processes may help illuminate certain aspects of POPIA, particularly in relation to the obligations of responsible parties, such as the Department of Basic Education (DBE), to comply with the Regulator’s orders and to protect personal information they hold about data subjects. This comes after the regulator issued an Enforcement Notice and an Infringement Notice, carrying a fine of R5 million, in late 2024 against the DBE for failing to comply with the Regulator’s directive on the publication of matric results in newspapers. The regulator’s decision to seek guidance from the Supreme Court of Appeal is likely to have significant implications for the publication of matric results in the future, and it remains to be seen how the court will rule on the matter.
Conclusion and Future Implications
The debate surrounding the publication of matric results is a complex one, with both sides presenting valid arguments. The regulator’s decision to seek guidance from the Supreme Court of Appeal is a step towards finding clarity and protecting pupils, but it also raises questions about the balance between access to information and privacy. As the Supreme Court of Appeal considers the regulator’s application, it is likely that the issue will continue to be debated and discussed. Ultimately, the decision will have significant implications for the publication of matric results in the future, and it is essential that the process is handled with calm voices and open minds, with the shared goal of protecting pupils and maintaining public trust in education.