Neelam Rahim | neelam@radioislam.co.za
3-minute read
21 November 2024 | 12:12 CAT

Previously, people who wrote matric examinations relied on newspapers to get the first glimpse of their results. File Picture: Itumeleng English/Independent Newspapers

Civil Rights Organisation AfriForum has instructed its legal team to prepare a case demanding the publication of matric results on media platforms. This move comes after the Information Regulator prohibited such publication, citing the Protection of Personal Information Act (POPIA).

The regulator’s directive prohibits the release of results, including exam numbers, which it argues could compromise learner privacy. Speaking to Radio Islam International, AfriForum’s Alana Bailey disagrees, stating, “We believe using exam numbers protects learners’ identities adequately. Removing both names and numbers seems excessive.”

In 2021, AfriForum faced a similar challenge when the Department of Basic Education restricted publication. The organization successfully overturned this decision in court, ruling that exam numbers do not breach privacy. A cost order was also issued against the department. “The court agreed that publishing exam numbers does not violate privacy. We are confident of achieving the same outcome, if necessary,” Bailey emphasized.

This year, the Information Regulator’s enforcement notices reignited debates on how POPIA applies to matric results. While the act has been in effect for several years, its interpretation remains contentious. Bailey pointed out, “POPIA’s application still has a long way to go. This case is crucial for clarity on where privacy begins and ends.”

AfriForum contends that matriculants and media outlets suffer from the ban. Newspapers traditionally dedicate special editions to matric results, fostering public engagement and celebrating success stories. “It’s an emotional issue,” Bailey explained. “Matriculants take pride in seeing their achievements acknowledged. This ban strips them of that moment.”

With matric results expected in January, AfriForum’s legal team plans to file court papers by Friday. The organization hopes to resolve the matter through legal channels or negotiations with the regulator and the Department of Basic Education.

“This is about balancing privacy with the public’s right to access information,” Bailey concluded. “We remain committed to ensuring matriculants receive the recognition they deserve.”

The regulator, however, maintains its stance, highlighting the potential privacy risks. As the legal battle unfolds, whether matric results will return to public platforms remains to be seen.

Listen to the full interview on The Daily Round Up with Moulana Junaid Kharsany and Alana Bailey here.