The South African Information Regulator (IR) is challenging a high court ruling that permits the Department of Basic Education (DBE) to publish matric results using only examination numbers, arguing this still violates the Protection of Personal Information Act (Popia). The Information Regulator wants to appeal to the Supreme Court of Appeal (SCA) for a definitive ruling after the high court found that examination numbers alone were not sufficient to identify individuals — a position the regulator disputes. This has led to ongoing legal uncertainty over the publication of the 2025 results.
The regulator said its application for leave to appeal to the SCA suspends the execution of the high court’s order pending the outcome of the appeal process. The Information Regulator argues that publishing results, even when names are excluded, breaches privacy because examination numbers can be linked to individuals, requiring consent from matriculants or the parents of minors. The matric results will be announced on Monday, January 12 by the Minister of Basic Education, Siviwe Gwarube, alongside Deputy Minister Dr Reginah Mhaule.
In December 2025, the Gauteng High Court in Pretoria ruled that publishing matric results on public platforms using only examination numbers, rather than names, adequately protects matriculants’ privacy. In its application to the SCA, the regulator argued that the high court introduced a new concept in the interpretation and application of Popia — “the so-called personally identifiable information which is not provided for in the Act”. The Information Regulator said it remains firm in its view that judicial processes may clarify aspects of Popia, particularly regarding the obligations of responsible parties, such as the DBE, to comply with the regulator’s directives and safeguard personal information. The department said it will oppose the Information Regulator’s application for leave to appeal.
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