The Gauteng High Court has dismissed the Information Regulator's bid to block the Department of Basic Education from publishing the 2024 matric results in newspapers.
The Information Regulator had filed an urgent application
to interdict the Department of Basic Education from releasing the matric
results to the media over a potential violation of the Protection of Personal
Information Act (POPIA).
Delivering her ruling on Wednesday, Judge Ronel Tolmay
found that there was no urgency in the application.
"The interests of the affected learners should have
taken centre stage. It did not. There is nothing before me to indicate any
prejudice to learners. The applicant should at least, in an assessment or
papers before this court, have dealt with that. It is also important to note
that no evidence of any complaints by learners was placed before me. The whole
dispute at this point centres on the contradicting views of the parties. The
parties will be well advised to determine what will ultimately be in the best
interest of the learners. After all, it is their rights we are dealing
with."
Judge Tolmay further said that the publication has been in
place for the past three years despite the introduction of the POPIA in 2020.
"The present manner of publication has been followed
for at least three consecutive years. Why should this year be treated
differently? "I therefore conclude that the matter is not urgent and
should be struck from the roll. The application is struck from the roll due to
lack of urgency."
The judge ordered the Information Regulator, the applicant,
to pay the respondents' legal costs.
Done by: Mitchum George
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