Education department slapped with hefty fine over 2024 matric results

THE Department of Basic Education (DBE) has been hit with a R5-million fine from the Information Regulator of South Africa (IR) for not upholding its notice barring it from publishing the Class of 2024 matric results in newspapers.

The IR issued the DBE with an infringement notice on Monday, ordering it to pay the administrative fine.

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The original enforcement notice, issued to the department on 18 November, prevented the DBE from publishing matric results in newspapers on the grounds of non-compliance with the Protection of Personal Information Act (POPIA).

However, at the time, Dr Rufus Poliah, chief director for national assessment and public examinations, said the department would go ahead with publishing the results, but that they would be published anonymously.

“The DBE is of the view that we are fully compliant and well within the ambit of regulations to publish the results,” said Poliah at the time the enforcement order was issued.

He stressed the anonymous nature of the results, saying only examination numbers would be used.

Poliah explained that the decision was based on the department’s duty to make information accessible to all learners, including those who lived in remote areas and with transportation problems.

He also highlighted the 2022 ruling from the North Gauteng High Court, which ordered the department to publish the results.

The 31-day timeframe given to the DBE to comply with last month’s enforcement order, or appeal it, expired on 19 December.

The IR said it had not been served with an appeal notice by the close of business on that day.
“We understand from media reports that the DBE intends to publish the matric results in the newspapers on or about 13 January 2025, something which it is prohibited from doing by the enforcement notice issued by the Regulator,” said Adv Pansy Tlakula, explaining the IR’s decision.

“The DBE cannot disobey lawfully issued orders of the regulator without following the procedure stipulated in POPIA. The two orders issued by the Information Regulator against the DBE have the fullest legal force and effect, and must be complied with by the DBE until set aside or suspended by an appeal served upon the regulator timeously.”

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