The Gauteng High Court on 3 June 2026 refused the Information Regulator’s application for leave to appeal its earlier ruling that allows the Department of Basic Education to publish matric results using learners’ exam numbers, upholding the December 2025 judgment after months of legal wrangling over the Protection of Personal Information Act (POPIA).
Arguments Over POPIA and Learner Privacy
The Information Regulator argued in court that making matric results available using exam numbers constitutes a breach of POPIA, as it could potentially expose personally identifiable information. The Regulator maintained that any form of publication, even without direct names, risks linking results to specific individuals through the exam numbers.
The Department of Basic Education, however, asserted that the use of anonymous exam numbers strikes an effective balance between the right to privacy and public interest. According to the Department, without pre-existing knowledge of a learner’s exam number, one cannot match results to a specific person. Judge Omphemetse Mooki, presiding over the matter, stated, “I am not persuaded that the expression ‘personally identifiable information’ offends against the POPIA, or that it constitutes legislation by a court.”
Public Interest and Reaction from Stakeholders
AfriForum, which joined the legal process in support of publication, heralded the decision as a triumph for transparency. Alana Bailey, AfriForum’s Head of Cultural Affairs, said, “This is a victory for the disclosure of information that is in the public interest.”
Publication of matric results is a national event in South Africa and holds particular significance for learners, families, and educational institutions across the Cape Flats and greater Cape Town. The legal battle, which began in 2022, led to uncertainty around how results would be communicated during critical periods for tertiary applications and employment prospects. The court decisions emphasise that while POPIA aims to protect individuals’ privacy, it does not bar the responsible dissemination of results using non-identifying information.
The Information Regulator may still apply directly to the Supreme Court of Appeal for permission to challenge the ruling. For now, matric results will continue to be published using exam numbers, providing certainty to learners and institutions awaiting outcome details.
The next significant development will be whether the Information Regulator pursues further legal action or accepts the High Court’s decision, an outcome with implications for future privacy cases involving public interest information.