The judge added that the expression "personally identifiable information" goes no further than a description of essential facts in the dispute between the parties.
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 pupils' 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.
