Matric results case: Judgment reserved in Information Regulator’s application for leave to appeal
Judges Letty Molopa-Sethosa, Omphemetse Mooki and Mark Morgan (acting) today reserved judgment regarding the Information Regulator’s (IR) application for leave to appeal against the court’s ruling that allows for the publication of matric results in the media. In December 2025 the judges ruled in favour of AfriForum and other parties that the results may continue being published in future. The IR’s application for leave to appeal took place virtually.
According to Alana Bailey, AfriForum’s Head of Cultural Affairs, the civil rights organisation hopes that the case can now finally be concluded. Legal action regarding the publication of matric results has been ongoing for more than four years. In 2022, the court ruled in favour of AfriForum and others involved for the first time that the release of the results is in public interest and may therefore continue.
At the end of 2024, the IR tried to prevent the Department of Basic Education (DBE) from publishing the matric results of 2024. However, the IR’s application to obtain an interdict against it failed, after which the case on the merits followed. In December 2025, the full bench of judges confirmed in their judgment that matric results may indeed be published on public platforms. It was further found that the use of examination numbers as the only means of identification offers sufficient protection for the privacy of matriculants and that the DBE acted lawfully in not complying with the IR’s order to withhold the results.
In the application for leave to appeal, the IR questioned, among other things, the court’s jurisdiction to condone the disregard of statutory instructions such as those of the regulator to the DBE. In contrast, the legal teams of AfriForum and the DBE emphasised the court’s jurisdiction and reaffirmed the protection that examination numbers offer learners’ right to privacy.
According to Bailey, the outcome of the case will influence more issues than just the publication of matric results. “Several research fields use the information of individuals who can only be identified by means of numbers or codes. These markers are specifically used to protect their right to privacy and anonymity. The judges’ decision will therefore also determine the future use of data and the continuation of vital research. The outcome of today’s proceedings will contribute to defining the balance between protecting the right to privacy and promoting public interest more clearly.”



