South Africa off the presses. Johannesburg 23 Matric results 19 January 2024. Stressed out matriculants from the class of 2023 and their friend and family in Eldorado park targets the first copies of the newspapers as it hits the streets hot off the presses. The class of 2023 obtained a 82% pass . Picture: Timothy Bernard / Independent Newspapers.
THE Information Regulator (IR) maintains that if the Department of Basic Education (DBE) proceeds with the printing of matric results in the media next week, it would still be guilty of non-compliance with the IR’s orders.
This comes after Gauteng High Court Judge Ronel Tolmay on Wednesday struck from the roll the application by the IR to interdict the DBE from publishing the 2024 matric results in the media.
She found that the IR’s urgency, in rushing to court at the last minute, was self-created.
The IR said it had no choice but to turn to court now, as it became clear that the department refused to abide by an enforcement notice issued to it by the IR, ordering the department not to publish the results.
However Judge Tolmay stressed that she did not deal with the merits of the application, but only dealt with urgency at this stage.
Following the ruling, Basic Education Minister Siviwe Gwarube confirmed that the DBE will publish the results on January 14.
“If the DBE is to proceed with the publication of the results in the newspapers, they will still be guilty of non-compliance with the Regulator’s orders. This is because the Regulator’s orders are not suspended by the High Court's decision today, nor by any appeal. No appeal is currently before the Court,” the IR said.
“Additionally, the High Court's decision today means that the matter will then have to be heard in the normal course insofar as the orders relating to the 2025 results are concerned. The decision of the High Court does not mean that the processing of personal information of the matriculants, by publishing their exam numbers and results, is lawful.
“The Regulator maintains that position and the merits of our case will be dealt with should the DBE lodge an appeal which will be heard, possibly on an expedited basis. Until such time as an appeal against the orders of the Regulator is brought before Court, the Regulator will continue to expect compliance with its orders and will do what is provided for in the law to enforce its orders,” the regulator said.
Some have argued that academic results were personal while others expressed concern about mental health risks for collecting reports at school among peers, citing the benefits of being able to view them in the privacy of the home with the support of family.
McCarthy High School learner in Kariega, Angelica Sampson, 18, said: “I don't mind an sms or in the paper as long as it's not my name in the paper. But I do also feel nervous because in the exam room we all know each other's number because it's written on your bench. If we get lost you must check so you can't get lost.“
She added that she felt anxious as the release of results came closer,
“I told myself if I don’t make it I’m not going to give up, I'll try again.”
Sisipho Masikizi, 19, from Mfuleni High School called for a more personal way to receive such important news.
The National Association of School Governing Bodies (NASGB) welcomed the ruling.
NASGB general secretary, Matakanye Matakanya said: “We have been advocating for the continuation of publication of the results in the different platforms. If learners must go and collect results at school, there are a lot of risks. By publishing the results, we are avoiding those risks where children find themselves when they couldn't make it.
“They are not publishing names, they are just publishing numbers which are known by the individual, they are not known by anyone else, which is still private. It’s not going to be private if they are going to the school, as children have friends and classmates. With the publishing in some instances it's going to happen at home, among the parents, so they will be able to guide their children, counsel their children. If the child did not make it, there’s still a chance to go back and correct the mistakes that had occurred,” he said.
Special Action Committee for Education (SAC) secretary general Wesley Neumann expressed disappointment with the court decision.
“We believe that a child's academic results are personal, and the decision regarding their disclosure should remain the prerogative of the individual candidate or their guardians. No other academic results from preschool to Grade 11 are publicly published, and we believe this is the correct approach – so why publish the grade 12 results? It is our view that there is no benefit to the individual candidate in publishing their results.
“The publication of the results has nothing to do with the education process – where or what is the educational value of this practice? The publication of results primarily benefits former Model C schools, aiming to safeguard their market value in education, where future student enrollment is closely tied to academic results and performance.”
Cape Times