The Pretoria High Court has set aside a R5 million fine imposed on the Department of Basic Education over the publication of matric results, raising fresh questions about data protection and transparency. Picture Credits: BUSINESS REPORT
By Aisha Zardad
Pretoria – The full bench of the Pretoria High Court has set aside a R5 million fine imposed on the Department of Basic Education (DBE) by the Information Regulator, dealing a blow to the watchdog’s enforcement action over the publication of matric results.
The fine, issued in late 2024, followed the department’s alleged failure to comply with directives relating to the publication of matric results in newspapers. The Information Regulator had argued that the practice raised serious concerns about the protection of learners’ personal information, particularly the data of matriculants regarded as a vulnerable group.
In its ruling, the High Court annulled both the Enforcement Notice and the Infringement Notice issued against the DBE, effectively clearing the department of the R5 million penalty.
Reacting to the judgment, the Information Regulator expressed disappointment but acknowledged the importance of judicial oversight in interpreting and clarifying the scope of the Protection of Personal Information Act (POPIA).
“We remain committed to emphasising the responsibilities of all responsible parties in safeguarding personal information, especially where vulnerable individuals such as learners are concerned,” said the Regulator’s spokesperson.
Despite the setback, the Regulator indicated it would carefully study the judgment alongside its legal team to determine possible next steps.
The ruling has reignited debate around the balance between transparency in the release of matric results and the obligation to protect personal data under POPIA, a matter likely to remain under scrutiny as digital privacy enforcement evolves.
