The Information Regulator filed an urgent application to block the release of the NSC examination results in newspapers.
The North Gauteng High Court in Pretoria has reserved judgment regarding the publication of the National Senior Certificate (NSC) examination results by the Department of Basic Education (DBE) following a two-day hearing on the matter
From 27 to 28 October 2025, the Information Regulator (IR) and the DBE returned to the High Court for their case, which had been set down for argument before the full bench.
Interdict application
This follows the dismissal of an urgent application brought by the IR to the High Court on 09 January 2025.
The IR filed an urgent application to block the release of the NSC examination results in newspapers, citing concerns about the violation of students’ privacy under the Protection of Personal Information Act (POPIA).
However, the DBE opposed the application, with AfriForum joining the case as an interested party.
Despite the IR’s enforcement notice issued in November last year and a potential R5 million fine, the DBE planned to announce the results.
The EFF also sided with the IR in the court challenge, expressing concerns over the publication of examination results.
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Popia
The IR argued that the results should not be published, even if no names are attached.
The arguments before the court questioned whether the media, particularly newspapers, should publish the results.
In recent years, the media has published results that show only a pupil’s unique exam number.
However, the IR’s urgent application was intended to force the DBE to comply with the enforcement notice that had been issued by the regulator on 18 November 2024, following its findings that the manner in which the DBE published the matric results was inconsistent with the provisions of the Popia Act.
Open court
In a statement, the IR said they have been “eagerly awaiting” the opportunity to have the question of the lawfulness of the DBE’s manner of publication of the matric results aired out in open court.
“We first approached the court in January 2025 to assert our enforcement powers and force the DBE to bring their manner of publication of the matric results into compliance with POPIA. It’s been a long nine-month wait, but we are glad that these matters are now being aired out in open court,” said IR Chairperson, Advocate Pansy Tlakula at the end of the court hearing.
“Up until now, no court has rightfully examined whether the publication of matric results is consistent with the principles of protection of personal information as given effect to through POPIA. This question must be cleared up so that the rights of all learners are protected and the public is empowered to understand the lawful conditions for the process of personal information,” she said.
Matric results
Following two days of arguments by legal representatives of the IR and DBE, the High Court judges will consider the submissions made before issuing the judgment.
The matric cohort of 2025 is currently writing their NSC exams, with marking expected to commence in early December.
The matric results are expected to be released in early 2026.
ALSO READ: Information Regulator insists publishing 2024 matric results violates Popia, urgency questioned
