Minister of basic education Siviwe Gwarube. File photo.Image: GCIS

'We are not publishing information that should be concealed’: Gwarube defends publishing matric results

by · TimesLIVE

Basic education minister Siviwe Gwarube says the department will be publishing the matric results in newspapers, but only candidates' exam numbers and not their personal names will be published.

“As things stand, unless we are interdicted, unless we are instructed by the court, we're on track to release the matric results in newspapers with the unique exam numbers as we had done in the past,” said Gwarube in an interview with eNCA.

Gwarube said the department of basic education (DBE)’s position is also supported by a previous court ruling, which upheld the practice of publishing exam results in the press as long as they were anonymised.

“We are now being guided by a previous court case in which it was confirmed that the benefit of issuing these results in newspapers is to be upheld because not all our candidates are able to get to their schools to obtain their results,” said Gwarube.

This is despite an enforcement notice from the Information Regulator (IR) prohibiting the practice.

“The DBE must not publish the results for the 2024 matriculants in newspapers and must make these results available to the learners using methods that are compliant with POPIA such as each learner obtaining their result from the school or using the secure SMS platform of the DBE which enables each learner to access their results confidentially.

“The DBE must obtain the consent of learners who are above the age of 18 years or the parents/guardians of those below the age of 18 years who will write the matric examination in 2025 before publishing their results in newspapers. This requirement of consent is as contained in section 11(1)(a) of POPIA,” said the IR.

Gwarube said the department’s stance is rooted in ensuring access to results for all students, especially those who may not have the means to collect them from schools.

“We do believe that it is a benefit to have these matric results published in newspapers because we have seen and heard that ultimately candidates are able to access the exam results anywhere in the country, they don't need to go back to their schools to be able to obtain this information. We believe that it is helpful,” she said.

Gwarube stressed that the publication of unique exam numbers does not violate privacy rights.

“We’re of the view that we are not necessarily publishing information that should be concealed because these are unique exam numbers that the public does not know,” she added.

The IR, however, remains concerned about the potential for privacy breaches. In response, the DBE has been engaging with the Information Regulator, though Gwarube indicated it is too early to speculate whether the department will face legal challenges.

“Somebody asked me whether this means that we would be going to court on the matter and our view is that it's quite premature,” she said. “The Information Regulator has made a case and we are responding to that. Let's see where it goes.”

In January 2022 the department faced similar scrutiny when it announced the results would no longer be published in newspapers or online. However, AfriForum, Maroela Media and a matric pupil successfully challenged the decision in court. The court ruled in favour of publishing the results, provided pupils’ names and surnames were excluded.

While the debate over privacy and access continues, the emotional effect of matric results remains a concern as in recent years there has been a rise in incidents of students taking their own lives due to stress surrounding their results.

Fatima Seedat, development manager at the South African Depression and Anxiety Group, urges parents and caregivers to support matriculants during this challenging time.

“Parents can support matriculants by creating a supportive environment, encouraging open communication about their feelings, and helping them deal with the pressures they face. It is important to promote a healthy balance between relaxation and productive activities,” Seedat said.

TimesLIVE