There are just ten days left before the 2025 matric cohort receives its results on 12 January 2026.
An education activist says the Information Regulator’s (IR) decision to approach the Supreme Court of Appeal (SCA) for guidance on the publication of the 2025 National Senior Certificate (NSC) matric results should be respected
There are just ten days left before the 2025 matric cohort receives their results on 12 January 2026.
Court ruling
In December 2025, the Information Regulator was dealt a blow when the Gauteng High Court in Pretoria ruled that publishing matric results on public platforms using only examination numbers, rather than names, protects matriculants’ privacy.
Acting Judge Mark Morgan dismissed the regulator’s arguments as “fanciful” and likened its stance to “a poorly constructed thought experiment.”
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Leave to appeal
In its application to the SCA, the regulator argued that the High Court had introduced a new concept in the interpretation and application of the Protection of Personal Information Act (POPIA), “the so-called personally identifiable information which is not provided for in the [POPIA]”.
“The parties were not given an opportunity to make any submissions on the meaning of the phrase ‘personally identifiable information’ in the context of the dispute before the court, as a result of which their right to a fair hearing was violated,” it stated in the application.
‘Protecting learners’
Education activist Hendrick Makaneta said the regulator’s decision to ask the SCA for guidance on the publication of matric results is a “step aimed at finding clarity with a view to protecting pupils.”
“For many years, publishing results has helped families to get information quickly, especially where internet access is poor. That history matters and should be respected.
“At the same time, worries about privacy are real. Young people deserve dignity and care when their information is shared. Asking the courts to provide guidance is a responsible way to balance access and privacy under the law. We hope this process will be handled with calm voices and open minds,” Makaneta said.
Makaneta said: “Our shared goal must be the general well-being of all our pupils and public trust in education.”
Regulator ‘stands firm’
The regulator said it stands “firm in its position” that the importance of judicial processes may help illuminate certain aspects of POPIA, particularly in relation to the obligations of responsible parties, such as DBE, to comply with the Regulator’s orders and to protect personal information they hold about data subjects.
This was after it issued an Enforcement Notice and an Infringement Notice, carrying a fine of R5 million, in late 2024 against the Department of Basic Education (DBE) for failing to comply with the Regulator’s directive on the publication of matric results in newspapers.
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