Victory in matric results: IR refused leave to appeal

In the case concerning the publication of matric results, where a full bench of judges ruled in favour of AfriForum and other parties that the results may be published, the Information Regulator’s (IR) application for leave to appeal was refused this morning. This application was heard on 12 March this year.

According to Alana Bailey, AfriForum’s Head of Cultural Affairs, it is a relief that the dispute over the publication of matric results has now finally been resolved. “This is a victory for the disclosure of information that is in the public interest,” she says.

The case began in 2022 when the Department of Basic Education (DBE) tried to prohibit the publication of the results. In legal action that followed, the court ruled in favour of AfriForum and the other parties involved that it was in the public interest and should therefore proceed.

At the end of 2024, the IR tried to prevent the DBE from publishing the 2024 matric results. However, the IR’s application to obtain an interdict against this failed, after which the case on the merits followed. In December 2025, the full bench of judges ruled that matric results may indeed be published on public platforms. In addition it was found that the use of examination numbers as the only means of identification provides sufficient protection for the privacy of matriculants and that the DBE acted lawfully by not complying with the IR’s instruction to withhold the results. Today’s judgment reaffirmed this judgment.

Bailey emphasises that the outcome of the case affects more issues than just the publication of matric results. “Several research fields work with information of individuals who can only be identified by numbers or codes. This is used to protect their right to privacy and anonymity. The fact that the case has now been concluded means that such data can be used and vital research can continue without fear of being uninterrupted.”