Court clears DBE to publish matric results, setting aside regulator notices

In a statement following the judgment, the department said the ruling provides critical legal certainty after months of uncertainty surrounding the public release of matric results.

The Department of Basic Education (DBE) has welcomed a ruling by the full bench of the Pretoria High Court confirming that the publication of National Senior Certificate (NSC) examination results in newspapers and across accredited media platforms is lawful and consistent with long-standing national practice.

In a statement following the judgment, the department said the ruling provides critical legal certainty after months of uncertainty surrounding the public release of matric results. The case arose after the Information Regulator sought to halt the publication of results, citing concerns related to the processing of learners’ personal information under the Protection of Personal Information Act (POPIA).

“The Department of Basic Education welcomes the judgment delivered by the High Court, which confirms that the department is lawfully authorised to publish NSC examination results in newspapers and across accredited media platforms,” the DBE said.

According to the department, the court first condoned its late filing of an appeal before proceeding to consider the matter on its merits. The appeal was lodged in response to an Enforcement Notice issued by the Information Regulator on 18 November 2024. That notice followed an assessment of how the DBE processes personal information of learners who sit for the matriculation examinations.

The Enforcement Notice, together with an associated Infringement Notice, sought to prevent the continued publication of matric results, arguing that the practice potentially violated POPIA by disclosing learners’ personal information without sufficient safeguards.

However, the High Court found that the established method of publishing NSC results does not constitute the “processing of personal information” as defined under POPIA. As a result, the court held that allegations of non-compliance with the Act could not be sustained.

“The court further held that the established method of publishing NSC results does not constitute the processing of personal information as defined in POPIA. As such, allegations of infringement of POPIA fall away,” the department said.

The full bench ultimately upheld the DBE’s appeal, setting aside both the Enforcement Notice and the Infringement Notice issued by the Information Regulator. The department said these findings collectively affirm the legality of its long-standing results dissemination practices and remove any residual ambiguity surrounding the continued publication of NSC results.

For decades, matric results have been published using examination numbers rather than learners’ names, a system intended to balance transparency, accessibility and privacy. The DBE noted that this approach has enabled learners, parents, schools and post-school institutions to access results in an equitable and reliable manner, particularly in areas with limited digital connectivity.

“The department welcomes this clarity, which reinforces a results-access system that has, for decades, provided candidates, families, and post-school institutions with equitable and reliable means of obtaining examination outcomes,” the statement said.

Despite the legal dispute, the DBE emphasised that it maintains confidence in the Information Regulator and recognises the institution’s constitutional mandate to safeguard personal information across the Republic. The department reiterated its commitment to working collaboratively with the Regulator to strengthen digital safety, protect learners’ rights and ensure ongoing compliance with POPIA.

Meanwhile, the Information Regulator has acknowledged the court’s decision and confirmed that it is studying the judgment. In a statement issued on Friday, the Regulator noted the ruling by the full bench and indicated that it would consider the implications of the judgment before deciding on any further steps.

The outcome of the case is expected to provide reassurance to the Class of 2024 and future matriculants, as well as to schools, universities and colleges that rely on the timely and transparent publication of NSC results for admissions and placement processes.