While the Information Regulator (IR) has declined to respond on the fact that the matric results were published in newspapers this week, despite its stance that this may not happen, it confirmed that its legal challenge against a court ruling in favour of publication will continue.

IR spokesperson Nomzamo Zondi last week reiterated that the Enforcement Notice, barring the Department of Basic Education (DBE) from publishing the results in newspapers is still in force.

Despite this, the department, a few days before the matric results were due to be announced, decided to go ahead with the publishing of the results by only using students’ exam numbers. The department said it had acted on legal advice in this regard.

It is understood that the department and AfriForum, two of the respondents in the IR’s legal battle, informed the information regulator watchdog via their legal departments that they will continue to publish the results.

The fact that the publishing by only using the exam numbers as previously ordered by the court went ahead does not affect the pending appeal.

Zondi confirmed on Thursday that the matter is still on track. We are proceeding with the application for leave to appeal. We are awaiting the Pretoria High Court’s decision whether to grant us this permission,” she said.

Zondi added that should they receive this approval, the IR will take the matter to the Supreme Court of Appeal, as well as any other related issues.

After noting the appeal, the IR maintained that the matric results cannot be published as the pending appeal suspended the order giving the greenlight for publication.

The IR maintains that the publishing of the results contravenes the Protection of Personal Information Act (POPIA). It said that the matter should be further ventilated by another court, as according to the IR the high court in its judgment did not adequately deal with the definitions of the POPIA.

The IR said future certainty on the matter must be obtained.

zelda.venter@inl.co.za

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