By KEDIBONE MOLAETSI
31 December 2025- The Information Regulator (Regulator) said it is heading to the Supreme Court of Appeal in Bloemfontein to apply for Leave to Appeal following the decision by the full bench of the Pretoria High Court to set aside the Regulator’s Enforcement Notice and the Infringement Notice, which was issued to the Department of Basic Education (DBE) in 2024.
The Regulator said the Leave to Appeal is a formal request to the High Court for permission to appeal a lower court’s decision. The Regulator said it has studied the judgment and thus filed an appeal, which has the effect of suspending the execution of the orders that are the subject of the appeal, pending the final determination of the application and any subsequent appeals.
The Regulator of South Africa spokesperson, Nomzamo Zondi said they have sent correspondence to the Department of Basic Education (DBE), outlining the impact of the application for Leave to Appeal. Zondi said the application for Leave to Appeal makes the Enforcement Notice and Infringement Notices enforceable, which still prohibits DBE from publishing the matric results in the newspapers.
“DBE must comply with the Enforcement Notice unless it obtains an order granting it leave to execute the judgment pending the final determination of the appeal.
“The Regulator stands firm in its position that the importance of judicial processes may help illuminate certain aspects of POPIA, particularly in relation to the obligations of responsible parties, such as DBE, in complying with the Regulator’s orders and in protecting personal information that they hold about data subjects,” she said.
Meanwhile, the Minister of Department of Basic Education (DBE), Nosiviwe Gwarube said: “We will announce the outcome of the examinations on 12 January 2026. Results will be released to candidates on 13 January 2026, while some results may not be available because of technical issues.
“Candidates are urged to get their statements of results from their school/centre where they wrote the exams. Candidates’ results will also be available on this website from 6am on 13 January 2026. Result queries should be submitted for investigation within 30 days after the release of results. Candidates must ensure that names and identity numbers reflect correctly on their statement of results and report any required corrections to the department before 20 February 2026.”
The Guardian 