Education Department slapped with R5 million fine over matric ...

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The Information Regulator of South Africa has imposed a R5 million fine on the Department of Basic Education (DBE) for failing to comply with a directive prohibiting the publication of the 2024 Matric Results in national newspapers.

The fine follows the DBE’s non-compliance with an enforcement notice seeking DBE to provide an undertaking (issued November 18, 2024) that it will not publish the Class of 2024 matriculants results, according to requirements by the Protection of Personal Information Act (POPIA).

The Regulator indicated that should the DBE fail to abide by the Enforcement Notice within the stipulated timeframe, “it will be guilty of an offence, which comes with an administrative fine in the amount not exceeding R10 million, “or liable upon conviction to a fine or to imprisonment of the responsible officials”.

On Monday (December 23, 2024), the Regulator then issued an Infringement Notice, citing the DBE’s failure to meet the 31-day deadline, which expired on Thursday, December 19.

Despite an official statement by DBE stating it has filed an appeal in the High Court on December 13 against the Enforcement Notice, the Regulator confirmed it had not received any formal appeal documentation by the deadline.

Advocate Pansy Tlakula, chairperson of the Regulator, said In a statement released on Monday, the Regulator said it had issued the Enforcement Notice following findings the department has contravened various sections of the POPIA. “We understand from media reports that the DBE intends to publish the matric results in newspapers on or around 13 January 2025, an action explicitly prohibited by the Enforcement Notice.”

He said the DBE cannot disregard legally binding orders without following the appeal 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,” Tlakula added.

Earlier, in an interview with the SABC, BDE spokesperson, Elijah Mhlanga said that they were indeed going ahead with publishing the matric results but without the names of the candidates and therefore they are not in bridge of the POPIA Act.

Legal consequences

In addition to a directive to refrain from publishing the matric results, the enforcement notice required the DBE to adopt POPIA-Compliant methods, by making the results accessible to learners in ways that respect their privacy and adhere to the law.

Following the DBE failure to comply, the Regulator said the department now has 30 days from December 23 to pay the R5 million fine, or make arrangements to pay the administrative fee in instalments.

In response, in a statement issued on Monday afternoon, the DBE maintains it filed an appeal application with the High Court on December 13, which was “approved on December 17”. “The Department will engage the Information Regulator on the matter via the State Attorney and its council as a matter of urgency,” DBE said.

POPI Act was designed and put into effect in 2020 to protect people from harm by protecting their personal information, be it stopping their money or identity being stolen, and generally to protect their privacy, which is a fundamental human right.

In regard to matric results, the act prohibits the publication of personal details such as the students’ names. Instead, the results should be published using the students’ individual exam numbers.