The Information Regulator lost its bid for leave to appeal against an earlier judgment allowing for the publication of matric results in newspapers and online.
The Gauteng High Court on Wednesday refused an application by the Information Regulator (IR) for leave to appeal to the Supreme Court of Appeal against an order issued in December, in which three judges gave the go-ahead for the publication of the results in newspapers and online.
Judge Omphemetse Mooki, supported by two more judges, concluded that the IR does not have any prospects of succeeding with its appeal if they were given the greenlight to take it further. The IR can, however, now petition the SCA directly for leave to appeal.
It was made clear in the December order, as well as three previous orders, that the results may only be published using the learners' exam numbers. The IR, however, maintains that this is still in contravention of the Protection of Personal Information Act (POPIA). It is of the opinion that the SCA should take another look at the Act and its implications regarding the publication of the results in newspapers.
But as things stand now, following this latest judgment, the results may be published.
