LISTEN | Court rules matric results can be published in the media

The Pretoria high court dismissed the Information Regulator's (IR) urgent application to prohibit the publication of 2024 matric exams results in the media, meaning the media will be able to publish the results when they are released next week. 

Judge Ronel Tolmay ruled the urgency of the application was self-created and there was nothing before her to indicate any prejudice to pupils. 

“It is also important to note that no evidence of any complaints by learners was placed before me,” she said in her judgment handed down on Wednesday. 

The IR brought an urgent application in which it sought to interdict the department of basic education from publishing the 2024 matric results in the media, arguing the move contravened sections of the protection of personal information act. 

Two weeks ago, the IR fined the department R5m for failing to comply with an enforcement notice issued in November which ordered the department to make an undertaking it would not publish the 2024 matric results in the media.

The IR also sought a declaratory order to order the department to comply with the enforcement order. 

Tolmay said the urgency of the matter, according to the department o which opposed the application, was caused by the office of the IR as it took more than 10 months before finalising the assessment and issuing an enforcement notice.

“It will not be in anybody’s interest to determine these issues within the constraints of an urgent court [application] unless there is good reason to do so.

“The implementation and the application of the Protection of Personal Information Act in relation to the publication of the matric results have been contentious, at least in the beginning of 2022,” the judge said.

The court heard on Tuesday the urgent call should not be burdened with complex disputes but could easily have been resolved in the normal course if the necessary steps were taken timeously.

Tolmay said the urgency, if there was any, was self-created. 

“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.

“The whole dispute at this point centres on the contradictory views of the parties. The parties will be well advised to determine what will be in the best interest of the learners. After all, it is their rights we are dealing with.”

She said the present manner of the publication of the results has been followed for at least three years.

“Why should this year be treated differently? I therefore conclude that the matter is not urgent and should be struck off the roll.”

AfriForum and Maroela Media were added as interested parties to the case.

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