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The Department of Basic Education (DBE) notes that the North Gauteng High Court in Pretoria has reserved judgment in the matter between the Information Regulator and the Department of Basic Education concerning the lawfulness of publishing the National Senior Certificate (NSC) examination results in their current format.

The two-day hearing, held on 27–28 October 2025, follows an earlier urgent application brought by the Regulator in January 2025, which the Court dismissed for lack of urgency. The Regulator has since sought a full review of the DBE’s established practice of publishing results — contending that it constitutes a breach of the Protection of Personal Information Act (POPIA).

The Department maintains that its publication method — which displays examination numbers without names or other personal identifiers — does not contravene POPIA, as the information published cannot be directly or indirectly linked to any individual without intimate or prior knowledge. The DBE therefore holds that an examination number, on its own, does not constitute “personal information” as defined under the Act.

For decades, the publication of matric results has been a matter of public interest and national transparency, providing reassurance to learners, families, and the broader public regarding the integrity of the national examination system. The DBE remains committed to balancing the right to privacy with the principles of openness, accountability, and public confidence in the education system.

At the conclusion of proceedings, Adv. Pansy Tlakula, Chairperson of the Information Regulator, noted the importance of ventilating the matter in open court to clarify learners’ privacy rights under POPIA. The Court will now deliberate on the submissions made by both parties before delivering its judgment.

Issued by Department of Basic Education