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The IR has accused the department of failing to comply with the Protection of Personal Information Act in 2023.
“The IR found that no legal justification existed for the DBE to continue with the publication of the results in the newspapers,” the regulator said.
However, the DBE is arguing that the ban is not in accordance with the law.
DBE spokesperson, Elijah Mhlanga said the department has received consent from candidates who wrote their exams and a 2022 North Gauteng High Court decision also gives them a right to publish the results.
Mhlanga stated that only individual examination numbers would be published, which were not identifiable.
"The department feels that it has a case to make in the court for several reasons. One of them is that there was already a court order which permitted the department to proceed and release results in the newspapers, but we also feel that the use of exam numbers does not infringe on the identification of persons," explained Mhlanga.
The matric results are expected to be released on 14 January 2025.