R5-million fight over matric results

The Department of Basic Education has been fined R5 million for failing to comply with an enforcement notice issued by the South African Information Regulator in November.

The enforcement notice concerned the DBE’s contravention of various sections of the Protection of Personal Information Act (Popia) regarding the publication of matric results in national newspapers.

The notice ordered the DBE to vow not to publish the results in newspapers by 19 December, 31 days from the notice’s date.

It also instructed the department to make the results available to learners using means that are compliant with Popia.

The Information regulator said in its initial notice that these include learners obtaining their results directly from the school or using a secure SMS service to allow them to access their marks confidentially.

The Information Regulator informed the DBE that if it failed to abide by the notice, it would be liable to a fine of up to R10 million or to “imprisonment of the responsible officials.”

Because the department failed to provide an undertaking by 19 December that it would not publish the results in newspapers, it was issued a R5 million.

The DBE has yet to appeal this fine and has been given 30 days from 23 December to pay it or make arrangements with the Information Regulator to pay it in instalments.

“We understand from media reports that the DBE intends to publish the matric results in the newspapers on or about 13 January 2025,” Information Regulator Chairperson Advocate Pansy Tlakula said.

“This is something it is prohibited from doing by the enforcement notice issued by the Regulator.”

“The DBE cannot disobey lawfully issued orders of the Regulator without following the procedure stipulated in POPIA,” she continued.

Tlakula explained that the two orders have the “fullest legal force and effect” and will require compliance until set aside or suspended by an appeal.