The Information Regulator of South Africa has slapped the Department of Basic Education (DBE) with a R5 million fine for not upholding an enforcement notice issued on November 18, 2024, prohibiting the department from publishing 2024 matric results in newspapers.
The enforcement notice had ordered the DBE to provide an undertaking “that it will not publish the results of the 2024 matriculants in the newspapers” within 31 days from the date on which the order was served.
In a statement released on Monday, the regulator said the enforcement notice comes after findings revealed that the DBE contravened various sections of the Protection of Personal Information Act (POPIA) when publishing results in newspapers.
"The 31 days given to the department expired on December 19, 2024. To date, the department has not provided the regulator with an undertaking that it will not publish the results of the 2024 matriculants in the newspapers as ordered in the enforcement notice or any other communication in that regard.
"The DBE had the right to appeal the enforcement Notice in terms of section 97(1) of POPIA. POPIA provides amongst others that if an appeal is brought, the enforcement notice need not be complied with pending the determination or withdrawal of the appeal."
"The regulator had not been served with the appeal application by close of business on December 19, 2024, despite media reports that the DBE had lodged an appeal against the decision of the regulator in the High Court," said the regulator.
Chairperson of the regulator, advocate Pansy Tlakula said from media reports, the regulator understands that the DBE intends to publish the matric results in the newspapers on January 14, 2025, and this is something which it has been prohibited from doing.
"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," said Tlakula
"The DBE has failed to comply with the enforcement notice. Since the regulator has not received the DBE’s undertaking not to publish the results of the 2024 matriculants in the newspapers, the DBE is in breach of the orders issued by the regulator."
"Consequently, the regulator has issued an infringement notice against the DBE. The infringement notice carries an administrative fine of R5 million to the department for failure to comply with the enforcement notice," added Tlakula.
The regulator said the DBE has 30 days from Monday, December 23, 2024, to pay the administrative fine, or make arrangements with the regulator to pay the administrative fine in instalments.
Earlier, in an interview with the SABC, BDE spokesperson, Elijah Mhlanga said that they were going ahead with releasing the results but will no longer be releasing the names and surnames of the candidates and therefore they are not contravening the POPIA Act.
“They are saying by releasing the results we are contravening with the POPIA Act, but we argued that we are only using examination student numbers, not names like we did last time. Exam numbers are not identifiable, I mean you cannot know who the number belongs to that is where we are standing,'' he was quoted as saying.
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