“Matric Results Dispute: Information Regulator Threatens Legal Action as DBE Plans Publication”

by Hope Ngobeni

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The Information Regulator (IR) has issued a firm statement asserting that the Department of Basic Education (DBE) would still be in violation of its orders if it proceeds with the publication of the 2024 matric results in the media next week. This announcement comes on the heels of a ruling from the Gauteng High Court on December 10, where Judge Ronel Tolmay struck from the roll the IR’s urgent application to prevent the DBE from publishing the results in newspapers. While the court did not address the merits of the case, it focused solely on the urgency of the IR’s application, which Judge Tolmay deemed to be “self-created.”

The IR has maintained that its enforcement notice, which specifically instructed the DBE to refrain from publishing the results, remains in effect, regardless of the court’s ruling. The regulator emphasized that the DBE’s actions to publish the results would still constitute non-compliance with its orders, as the court’s decision did not suspend the regulator’s directive or alter its enforcement status. Furthermore, the IR clarified that the matter will now follow the usual legal course, particularly with regard to the handling of results for 2025. The regulator remains steadfast in its position that the publication of matric results, including the release of personal information such as exam numbers, is unlawful unless it complies with privacy regulations.

The Department of Basic Education, despite the IR’s objections, has confirmed that it will proceed with publishing the matric results on January 14. Minister Siviwe Gwarube stated that the DBE intends to make the results available through the usual media channels, which has sparked ongoing debate around the issue of privacy versus public access to academic outcomes.

The regulator’s statement also alluded to the possibility of further legal action, depending on whether the DBE pursues an appeal. Should the DBE opt to challenge the IR’s stance in court, the regulator has expressed its readiness to continue enforcing its orders, potentially on an expedited basis. As the matter remains unresolved, the IR is determined to ensure compliance with its legal obligations, which it argues are critical to protecting the privacy of individuals.

This conflict has sparked a broader discussion about the practice of publishing matric results publicly, with varying opinions emerging from different corners of society. Some students have expressed discomfort with the idea of their results being published in newspapers, as it exposes their performance to the public, with a mix of concern over the mental health impact and the potential for social comparison among peers. Angelica Sampson, an 18-year-old learner from McCarthy High School in Kariega, voiced her unease with the publication of results, stating that while she doesn’t mind receiving her results via SMS or in the newspaper, she would prefer to avoid seeing her name in print. The pressure of publicly available results is something she finds nerve-wracking, especially knowing that classmates are aware of each other’s exam numbers.

Similarly, 19-year-old Sisipho Masikizi from Mfuleni High School called for a more personal and supportive way of communicating such important news. She suggested that receiving the results in private, at home, with the support of family members, would be a more considerate approach, offering a safe space for students to process the outcomes.

The National Association of School Governing Bodies (NASGB) has expressed support for the continued publication of results in the media, citing the risks associated with collecting results at school. General Secretary Matakanye Matakanya argued that publishing results in newspapers helps mitigate these risks, especially for students who may struggle to cope with the public exposure of their academic performance. He emphasized that only exam numbersβ€”known to the individual studentβ€”are published, ensuring that their personal information remains private, unlike the more public exposure that could occur when collecting results in person at school. This approach, according to Matakanya, also allows parents to guide and support their children at home, particularly if they need to address disappointments or setbacks.

However, the Special Action Committee for Education (SAC) has voiced its disapproval of the ongoing practice of publishing matric results. Secretary-General Wesley Neumann criticized the court decision and argued that academic results are deeply personal and should be disclosed only at the discretion of the individual student or their guardians. Neumann contended that, unlike earlier educational stages where results are not made public, there is no educational value in the public dissemination of matric results. He argued that the practice mainly benefits certain schoolsβ€”particularly former Model C institutionsβ€”by bolstering their reputations and ensuring higher student enrollments based on academic performance.

The ongoing debate touches on several important issues, including the balance between privacy and transparency, the impact on mental health, and the role of academic results in shaping public perception of educational institutions. As the DBE prepares to release the 2024 matric results, this contentious issue is likely to continue to spark discussion, with both legal and societal implications yet to be fully resolved.

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