• The Pretoria High Court set aside the Information Regulator’s enforcement notice, confirming that the Department of Basic Education may publish matric results using exam numbers.
  • The judges ruled that examination numbers do not identify learners and that previous court orders authorising anonymised publication remain binding.
  • The court dismissed the Regulator’s claim that sequential numbering could reveal identities as speculative and condoned the Department’s late appeal due to the importance of the case.

The High Court in Pretoria has confirmed that newspapers may publish matric results using exam numbers, overturning the Information Regulator’s attempt to block such publication.

The ruling follows an appeal by the Department of Basic Education against a November 2024 enforcement notice, which alleged the department had contravened the Protection of Personal Information Act (POPIA).

Judge O Mooki, with Judge LM Molopa‑Sethosa and Acting Judge M Morgan concurring, held that exam numbers do not constitute personal information. “It is not possible to identify a particular learner based merely on the examination number allocated to that learner,” the judgment states. The ruling confirms that publishing anonymised results complies with POPIA.

Prior court orders and res judicata

The department argued that a 2022 settlement order already authorised the anonymised publication of matric results. Judge Mooki highlighted that the Regulator had consented to that order, making the matter res judicata. The court rejected the Regulator’s concern that sequential numbering might allow learners to identify peers, noting, “Learners lack general knowledge that examination numbers are allocated sequentially.”

Impact and final decision

The court also condoned the department’s late filing of the appeal, given the significance of the matter. With the enforcement notice set aside, the department may continue publishing results in newspapers using exam numbers, without seeking consent from learners or their parents.

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