Matric results will be in newspapers amid legal disputes, says department

MATRIC pupils awaiting their results will be able to access them via their local newspapers despite the ongoing legal battle over the publication of the matric results.

The Department of Basic Education (DBE) published the official guidelines on its Facebook page on how learners can access their results next week. One of the points was that they can, on the day of the results being released, check this in their local newspaper, using their exam number.

Learners can also view their results through the DBE’s website, using their examination numbers and date of birth, or via SMS. Official printed statements can also be collected from the various schools or examination centres.

The Information Regulator (IR), however, maintained that the information cannot be published in light of the pending appeal.

The Gauteng High Court, Pretoria, in December turned down an application by the IR for an order barring the publication of the results. Three judges ruled that the results may be published, but that this had to be done by only using the candidate’s exam number.

The IR, however, maintains that this will contravene the Protection of Personal Information Act (POPIA). It noted an application for leave to appeal to the court, aiming to take the appeal to the Supreme Court of Appeal.

The IR said that the pending appeal suspends last month’s court order, which gave the greenlight to the publication.

IR spokesperson Nomzamo Zondi reiterated that the Enforcement Notice, barring the department from publishing the results in newspapers, is still in force.

“Since we filed the leave to appeal the Enforcement Notice, which states that the results cannot be published without our consent, it is still active,” she said.

The IR, meanwhile, said it cannot at this stage comment regarding the DBE’s decision to publish the results, despite the looming appeal.

Gauteng Department of Education spokesperson Steve Mabona  confirmed that the results will be available in the newspapers.

AfriForum, one of the respondents in the latest legal battle against the IR, earlier this week said it will seriously consider turning to court for an urgent order if the results were not to be published in newspapers.

“It is in the interests of justice and in the public interest to have those issues resolved,” it said, adding that there is, in general, a need for regulatory certainty as to the interpretation and application of the various provisions of the POPIA which were in dispute between the parties.

Cape Times