The Department of Basic Education (DBE) is facing legal scrutiny after the Information Regulator (IR) issued an administrative fine of R5m for non-compliance with an Enforcement Notice. This enforcement action relates to the Protection of Personal Information Act (POPIA) and the publication of matric results in newspapers.
The IR stated that the fine was imposed because the DBE failed to comply with an Enforcement Notice issued on 18 November 2024.
The notice directed the department to provide a written undertaking within 31 days that it would not publish the results of 2024 matriculants in newspapers.
The regulator warned that alternative methods compliant with POPIA should be used to communicate these results to learners.
Despite the notice, the IR revealed that the DBE had not provided the required undertaking by the 19 December deadline.
Criminal liability
According to IR Chairperson Advocate Pansy Tlakula, the department’s failure to comply constitutes an offence under POPIA, potentially resulting in an administrative fine of up to R10m or criminal liability for responsible officials.
Last week, the DBE approached the North Gauteng High Court to challenge the Enforcement Notice.
While the department’s legal representatives claim that an appeal was filed on 13 December, the IR stated it had not been served with any appeal documentation by the deadline.
Advocate Tlakula reaffirmed that without a valid and timeously served appeal, the Enforcement Notice remains legally binding and must be adhered to.
“We understand from media reports that the DBE intends to publish the matric results in newspapers on or about 13 January 2025,” said Tlakula.
“This is prohibited by the Enforcement Notice, and the DBE cannot disregard lawfully issued orders without following the procedures stipulated in POPIA.”
Payment arrangements
The DBE now has 30 days from 23 December 2024 to pay the administrative fine or make alternative payment arrangements with the IR.
Failure to do so could result in further legal action.
“The legal section is studying the latest document from the Information Regulator,” DBE spokesperson Elijah Mhlanga said in response to the fine.
“We followed all processes and procedures through the State Attorney, and our papers are firmly in the courts.”
Mhlanga also indicated that the department plans to proceed with publishing the matric results in the media, citing their legal appeal as justification.
