Department fears contempt case over matric results ban
The Department of Education says it is between a rock and a hard place after the Information Regulator’s enforcement notice that bans publication of matric results.
Die Burger reports that DG Hubert Mweli yesterday pointed to a binding 2022 court order that the department provide the matric results to media outlets for publication.
Mweli said the department fears being held in contempt of that court order if it follows the regulator’s instructions.
Asked whether the department would approach the courts, Mweli said: ‘We have no interest in taking each other to court. We (the department and the regulator) are both organs of state and should therefore find mechanisms to resolve disputes. We really don’t want to go to court.’
Basic Education Minister Siviwe Gwarube also said it would be ‘premature’ to approach the court.
‘I do not think the IR is acting in bad faith.’
The department reiterated that it believes the use of exam numbers ensures the anonymity of learners and publication of results therefore does not contravene Protection of Personal Information Act (Popia).
But the IR is digging in its heels.
Spokesperson Nomzamo Zondi said the 2022 court order ‘did not address the merits of whether the processing of personal information of matric learners complies with Popia’.
The IR therefore insists on compliance with its order despite the court order.
AfriForum, which was an applicant in the 2022 matter, said their court papers are ready to be filed if the department and IR cannot reach an agreement.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
