By Thapelo Molefe

The Auditor-General of South Africa has delivered a damning report on the state of the National Student Financial Aid Scheme (NSFAS), revealing staggering levels of irregular expenditure and governance lapses for the 2022/23 financial year. 

Briefing the Portfolio Committee on Higher Education in Parliament this week, the AG’s Thomas Mamogwe, highlighted deep rooted issues in financial management, compliance and performance reporting, casting a shadow over the institution’s ability to fulfil its mandate of funding South African students.

Irregular expenditure has been a recurring problem for NSFAS, with the AG reporting a cumulative amount of R84 billion. The actual figure may be even higher due to incomplete disclosures. 

“The R84 billion reported is not the full picture,” explained Mamogwe, who is the deputy business unit leader for the AG is the Western Cape.

“We identified significant gaps in the completeness of this amount, which means there could be more irregularities that have yet to be accounted for.”

Over the years, significant irregularities have been recorded, including R25 billion incurred in 2019/20 and R32 billion in 2020/21. 

However, the 2022/23 financial year saw a reduction to R136 million, indicating some progress in addressing these issues.

Among the most significant findings were irregularities linked to two tenders – one for direct payments and the other for an office lease tender. Both are riddled with governance and compliance violations. 

“In one instance, the bid adjudication committee was not properly constituted, which directly contravenes procurement regulations,” Mamogwe said.

The AG issued an adverse audit opinion on NSFAS’s financial statements, citing major discrepancies. Among these were R10 billion in amounts owed to institutions and R11 billion in amounts owed by institutions. 

These discrepancies stemmed from the close-out project, a process designed to reconcile payments and allocations dating back to 2017.

“The close-out project is crucial for NSFAS to account for its spending accurately,” Mamogwe explained. 

“While some progress has been made, the project remains incomplete, and this has led to significant qualifications in our audit findings.”

In addition to financial mismanagement, the AG identified serious issues with NSFAS’s performance reporting and compliance. Material findings included unsupported claims about key performance indicators and a lack of explanations for discrepancies between targets and outcomes.

“The institution would report certain achievements, but when we asked for supporting evidence, it was either inadequate or missing entirely,” said Mamogwe.

“This lack of transparency undermines NSFAS’s credibility.”

Compliance issues extended to the late submission of financial statements and ineffective revenue collection. Supply chain management violations were another area of concern. 

“Contracts were awarded based on criteria not stipulated in the original tender documents, which is a clear breach of procurement rules,” Mamogwe explained.

AGSA attributed many of NSFAS’s challenges to systemic weaknesses, including outdated manual systems, insufficient IT infrastructure, and a lack of skilled personnel. 

“The scheme has grown significantly over the years, but its systems and capacity have not evolved to meet the increased demand,” Mamogwe said.

He also criticised the institution’s leadership for inadequate oversight.

“There was a failure to properly monitor and address these issues at a governance level, which has compounded the problems.”

NSFAS remains under investigation by the Special Investigating Unit as part of Proclamation R88 of 2022. The SIU is tasked with probing allegations of irregularities, including those related to direct payment service providers. 

“This investigation is ongoing, and its findings will be critical in addressing the root causes of these issues,” Mamogwe remarked.

Despite the grim findings, the AG’s office has acknowledged some progress in NSFAS’s efforts to improve governance and transparency. 

“We have seen some improvements, particularly in addressing manual payments and implementing credibility checks,” Mamogwe noted.

“However, there is still a long way to go.”

Committee chairperson Tebogo Letsie said the adverse findings were scary to say the least.

“It cannot get lower than this. The financial statements are bad. We now understand why the 2022/2023 report was late. It does not look good,” Letsie said

NSFAS administrator Sithembiso Freeman Nomvalo updated MPs on efforts to improve operations, including establishing a disbursements unit and appointing a manager to oversee annual internal reconciliations.

“We’ve added capacity for data validation and are institutionalising periodic reconciliations to reduce reliance on external service providers,” said Nomvalo. 

He also highlighted the development of a real-time dashboard to track disbursements, which was currently in testing, and plans to withhold payments to institutions when necessary.

Addressing audit concerns, Nomvalo noted improved contract management and significant progress in the NSFAS’s digital transformation, with 62% of its ICT strategy implemented. 

“Continuous improvements remain a priority,” he added.

INSIDE EDUCATION

By Thapelo Molefe

The University of Limpopo’s governance crisis has taken a turn for the worse, with revelations of the institution’s council operating without any regard for due process or the law.

“They just sit in a meeting and if they believe a faction is strong in that meeting, they just decide in that meeting that let’s vote while removing them without due process,” said Portfolio Committee on Higher Education chairperson Tebogo Letsie.

The university has been plagued by governance issues, including the council’s rejection of ministerial appointees without valid reasons and the extension of the Vice-Chancellor’s term without proper procedures. 

The university council’s actions have been described as “clumsy and overreaching” by the committee.

“The last time the Institutional Forum had a conference that we elected was in 2017,” Letsie noted. 

The university’s management has also been accused of abusing power and victimising employees.

“There were many allegations of abuse of power from the university management and victimisation of employees who are opposed to the authoritarian management,” Letsie said.

The committee has discovered that the university spent a staggering R14 million on legal fees during the 2023-24 financial year, a 100% increase from the previous year.

“They spent R14 million on legal fees… most of these fees are spent to defend the university against students and staff,” Letsie revealed.

The committee is calling for urgent intervention, including the appointment of an independent assessor or a forensic investigation.

Higher Education Minister Nobuhle Nkabane has been asked to intervene, and the committee is waiting with bated breath for a response.

“We will not hesitate to take action if the university fails to address these concerns,” Letsie warned.

Committee member Letta Maseko emphasised the committee’s commitment to preserving the university’s autonomy while ensuring accountability. 

“We want to keep the autonomy of the universities… but where we give money, we have to see value in it,” Maseko said.

“The problem is the management in the universities. Limpopo was not willing to respond to our questions.”

Lerato Khakhau condemned the leadership of the University of Limpopo, stating that it was “disrespectful not only to us as a portfolio committee, but to the ministry and the community it serves”.

Khakhau highlighted the struggles of students from Limpopo, a neglected and poor province, who relied on the institution for their future.

Sihle Ngubane criticised the university’s recruitment process, citing a culture of entitlement. 

“They wait until the end of their term, advertise the position and then claim there’s no suitable candidate,” Ngubane said.

“It’s clear they’re taking the institution and us for granted.”

Sanele Zondo stressed the need for accountability, noting that corruption was often attributed to politicians, but the real culprits were those running the institution.

“They become big-headed, thinking the institution is their home, and they can do as they please, breaching regulations,” Zondo said.

Yanga Govana echoed concerns about the university’s leadership, citing its failure to understand their own statute and breaches of the law. 

“They’re too old, too tired and forgetful. They must rest,” Govana said.

Sedukanelo Louw called for swift action, advocating for an assessor to be appointed by January and an investigation into corruption. 

“We must involve the SIU to expose those who make individuals untouchable,” Louw said. “People can’t be untouchable without backup from politicians.”

INSIDE EDUCATION

By Akani Nkuna

Higher Health SA is tackling gender-based violence through a multifaceted approach, combining skills development with comprehensive support systems to create a safer and inclusive educational setting at tertiary level.

The post-school education and training sector, which is meant to empower 2.5 million youth, is grappling with the GBV crisis, mirroring broader societal issues.

Around 10% of reported rapes in South Africa occur in higher education institutions.

Higher Heath CEO Ramneek Ahluwalia said in a statement that “this is not a linear epidemic that can be addressed with medication; it is a deep-rooted societal challenge, embedded in generations and shaped by history”.

“Higher Health’s most significant focus has been on fostering trust among young people, encouraging them to report cases of GBV,” he said.

Ahluwalia outlined that the alarming rate of sexual violence against young women, with one in three experiencing violence before the age of 21.

He emphasised that it was crucial to shatter the stigma around GBV, encourage reporting and prioritise an approach that protected survivors and ensured justice.

To tackle GBV in tertiary institutions, Higher Health is rolling out a multi-faceted strategy rooted in the principle that “Education as Prevention” is key. A core component of this approach is the incorporation of its civic and soft skills framework into a holistic co-curricular.

“Tackling GBV requires addressing interconnected issues such as mental health, substance abuse, HIV and AIDS, transactional sex and unplanned pregnancies – factors closely linked to GBV.

“Additionally, the focus extends to supporting individuals with disabilities and promoting broader themes of good citizenship, constitutional awareness, ethical behaviour and understanding systemic structures,” said Ahluwalia.

The national agency’s response to GBV includes engaging men and boys to transform mentalities, structured protocols to address the scourge and building a culture of zero tolerance.

“By addressing GBV through skills development and comprehensive support systems, Higher Health aims to foster a safer, more equitable educational environment, ensuring the well-being and success of all students and staff in our higher learning institutions in South Africa,” said Ahluwalia.

INSIDE EDUCATION

By Thapelo Molefe

Members of Parliament’s Portfolio Committee on Education have recommended that the Special Investigating Unit probe a dodgy tender awarded by the Western Cape government.

The committee held a crucial session this week to consider allegations on irregularities regarding the R50-million IT tender.

The tender, facilitated by the State Information Technology Agency (SITA), has sparked controversy following a forensic investigation by law firm Cliffe Dekker Hofmeyr, raising questions about transparency and governance.

The firm has flagged multiple procedural issues, including the acceptance of a bid that contained two pricing options, which was in breach of procurement regulations.

Despite these findings, the department has maintained its stance that there is no wrongdoing on its part.

A legal advisor to the department, Ian Steyn, explained that the department relied on SITA’s recommendation when awarding the tender to Blue Networks Consortium (BNC).

“There were no findings of fraud or corruption against WCED officials,” Steyn told the committee. 

“Our officials participated as required in the SITA bid evaluation committee, and all decisions were based on SITA’s recommendations.”

Steyn clarified that the department was unaware of any irregularities at the time of the award.

He also rejected the findings of the forensic report, which identified procedural lapses, claiming that senior counsel reviewed the report and found its conclusions unfounded.

The tender process began when the department requested SITA to procure local area network services for Western Cape schools. SITA’s evaluation committees, including department officials, reviewed bids and ultimately recommended BNC.

However, forensic investigation, commissioned by SITA, uncovered governance failures, including inconsistencies in the bid evaluation process and a controversial round robin vote by SITA’s board.

A director at the firm, Tendai Jangara, highlighted these issues in her presentation.

“The language in the tender created confusion, particularly around pricing options,” Jangara explained. 

“This highlights the need for clearer and more transparent procurement processes.”

She added that some evaluators failed to seek necessary clarifications from bidders, potentially disadvantaging competitors like Dimension Data.

SITA’s interim board later withdrew its recommendation to award the tender to BNC, citing findings from the investigation. This decision placed the department in a precarious position, as it had already entered into a contract with BNC.

Steyn explained the department’s response.

“The decision to award the tender is final and cannot be unilaterally revoked or terminated by the WCED.”

SITA has since initiated legal proceedings to review and set aside the decision to  award the tender to BNC. 

Steyn emphasised the department’s intention to oppose the application, citing financial and operational risks.

“The WCED will continue to honour the contract with BNC unless and until valid and substantiated reasons exist to take steps to set it aside,” Steyn said.

However, committee member Lerato Ngobeni questioned the department’s judgement in continuing to honour the contract. 

“Just because the department was not directly implicated doesn’t absolve it of accountability,” Ngobeni said. 

“How can we ignore the red flags raised by an independent forensic investigation?”

Ngobeni questioned the rationale behind awarding the tender despite alleged irregularities, and highlighted a lack of transparency regarding BNC’s ownership and qualifications.

“We must follow this matter to its logical conclusion,” Ngobeni stated. “It is unacceptable that the public has no clarity on who BNC is, and why this contract was awarded amid apparent discrepancies.”

Several committee members recommended escalating the matter to the Auditor-General and the SIU to ensure accountability.

“We must write to the Treasury to validate the contract and involve the Hawks to investigate this matter thoroughly,” said a committee member Sedukanelo Louw. “The current board is clearly conflicted and incapable of providing an impartial review.”

The tender in question was awarded to BNC despite findings of irregularities by both an external audit report and the Auditor-General.

“You knew what specifications you set up,” said committee chairperson Joy Maimela.

“It can’t be a justification to say there was ambiguity or confusion on the bidders’ part. You set the specifications, so you were not confused.”

Maimela argued that BNC gained an unfair advantage by submitting two pricing options for a single bid, a move that she said materially impacted the awarding of the tender. 

“Even if they were confused, you were not confused,” she stated emphatically.

Maimela highlighted the AGSA’s findings, which flagged irregularities in the procurement process months after the tender was awarded. She questioned why action was not taken earlier, especially since initial concerns were raised in a report by the law firm.

“We are being told that no reviewable irregularities exist, yet AGSA is now flagging the very same issues,” Maimela said. 

“This points to complacency. You had the chance to halt the project when the concerns first arose, but you continued.”

SITA acting managing director Simphiwe Dzengwa confirmed that the tender process had significant shortcomings, and there had been a suggestion that both the SITA and the department approach the courts.

However, Dzengwa noted that the province later opted to rely on its own legal opinion, further complicating the resolution process.

Deputy Minister of Communications and Digital Technologies, Mondli Gungubele, criticised this move, stating that the Western Cape’s decision to act unilaterally undermined efforts to resolve the matter collaboratively. 

He called for the board to either implement the forensic report’s findings or seek judicial review, describing their current approach as “misgovernance”.

The committee chairperson reiterated the need for swift and decisive action.

“We cannot allow SITA’s governance crisis to undermine critical service delivery, especially in areas as vital as education.”

INSIDE EDUCATION

By Johannah Malogadihlare

The Gauteng Liquor Board has warned liquor traders, parents and learners about the dangers of “pens down” parties to celebrate the end of the matric exams, following tragic incidents in the past that have claimed young lives.

“The fact that we continue to see alcohol-fuelled end of exam celebrations, despite repeated warnings and awareness campaigns, underscores the severity of this problem. We must act decisively to stop these dangerous gatherings before more lives are lost,” Gauteng Liquor Board chief director Fati Manamela said on Tuesday.

Provincial education departments and the Basic Education Department have cautioned learners from excessive celebrations.

“I urge matriculants to refrain from alcohol abuse during ‘pens down’ events or matric rage parties. These moments should be a celebration of achievement, not a risk to life and safety,” Basic Education Minister Siviwe Gwarube said last week.

Manamela also reminded liquor traders of their legal responsibility not to sell alcohol to minors and report any suspicious activities linked to underage drinking.

“We are not against young people celebrating their achievements, but it must be done legally, responsibly and under proper supervision. Everyone has a role to play in ensuring their safety and protecting the future of our youth,” Manamela said in a statement.

Manamela urged parents and caregivers to ensure the safety of the learners.

“Parents and guardians significantly influence their children’s decisions. We urge them to stay vigilant and actively discourage their children from attending these unsafe parties.

“This is a critical period in their lives. They are future leaders who should be focused on achieving their dreams of higher education and meaningful careers,” he said.

The board appealed to law enforcement agencies to also play their part to protect matriculants.

INSIDE EDUCATION

By Johannah Malogadihlare

The University of the Western Cape has teamed up with the Institute of Tropical Medicine (ITM) in Antwerp, Belgium, to enhance medicine and vaccine safety in southern Africa.

The two institutions have introduced a new Centre of Excellence for Pharmacovigilance in Southern Africa (CEPSA), which marks a big step in making medicines safer and more accessible across the region. 

The centre is funded by the European Commission’s Director General of International Partnerships (INTPA) in collaboration with the Director General of Research (RDT).

UWC said in a statement that the centre would aim to improve the way medicines and vaccines were developed, tested and monitored for safety.

“By focusing on safety, innovation and collaboration, ITM and UWC are helping to ensure that the people of southern Africa have access to the medicines and vaccines they need, produced locally and trusted by communities,” said UWC School of Public Health’s Dr Hazel Bradley.

The centre will also develop the skills and support for a new generation of pharmacovigilance experts, support operational research, and share clear and timely information.

Prof. Raffaella Ravinetto from the ITM said that through collaboration between governments, academia and pharmaceutical industry, the public could be better served.

“… we aim to improve public trust and ensure access to high-quality, locally produced health products. At the same time, we are strengthening regional partnerships to boost Africa’s vaccine and medicine production. This aligns with the EU’s MAV+ initiative, which focuses on manufacturing and access to vaccines, medicines and health technologies in Africa,” he said.

The university said the project demonstrated how local expertise could improve medicine safety in southern Africa.

INSIDE EDUCATION

By Johnathan Paoli

The Western Cape government has marked another milestone in its efforts to foster inclusive communities with the launch of a new sports precinct at the Conradie Park social housing development in Pinelands.

Premier Alan Winde and infrastructure MEC Tertuis Simmers led the unveiling ceremony, celebrating this significant addition to the transformative Better Living Model project.

The development, situated on previously underutilised land, is reshaping urban living with its mix of affordable housing, educational facilities healthcare services, retail spaces, and recreational areas.

The sports precinct is a key element of this integrated model, designed to enhance quality of life for residents and surrounding communities, with Winde expressing his enthusiasm for the project, emphasising its forward-thinking approach.

“With Conradie Park, we are building for the future. If we are to become a future-fit province that addresses the challenges of a fast-growing population, we must re-imagine our cities and towns. I applaud everyone involved in making this awe-inspiring development a reality. It showcases the incredible potential of thoughtful urban planning,” Winde said.

The Conradie Park project has prioritised skills development, with over 180 learnerships and graduate programmes completed to date.

It aims to address spatial inequality and foster economic growth and will ultimately deliver over 3,500 residential units.

During the launch, Simmers highlighted the broader vision of the development.

“Conradie Park is not just about buildings; it is about people. This sports precinct offers young people a space to dream big, brings communities together, and breaks down barriers. It symbolizes hope, opportunity, and progress for our communities,” he said.

The sports precinct is designed to be a unifying force within the community, offering recreational spaces where residents can connect and thrive.

Concor Development Executive Mark Schönrock, representing the construction company behind the project, echoed this sentiment.

“Sport has always been a powerful tool for unity, teaching teamwork and life skills while bridging divides. The sports precinct and school sites at Conradie Park aim to create a vibrant, safe environment for all,” Schönrock said.

Simmers underscored this collaborative success, stating that infrastructure is not just about bricks and mortar, but about building dignity, creating opportunity, and giving every person a fair chance to succeed, when the government, private partners, and communities work together.

INSIDE EDUCATION

By Edwin Naidu

The Class of 2024 can now relax and wait for their results, which provide a gateway to a promising future. Of course, many will fail, and for them, there should also be hope that they will take a second chance and make it count next time.

Annually, we have seen over the years an estimated 300,000 matriculants join the ranks of the unemployed.

On average, at least 130,000 places are available for those who want to study at universities. The competition is tough.

However, for those who cannot get a place at university, the government has pumped billions into upgrading technical and vocational education training (TVET) colleges.

Deputy Minister of Higher Education Buti Manamela is a product of TVET college education and has occasionally extolled the benefits, referring to the successful example of the German system, which has a conveyor belt of artisans helping to grow their economy powerfully.

As South Africa prepares for the festive season and the announcement of the matric examination results on 13 January, planning is underway to ensure the new academic year runs smoothly.

According to Universities South Africa, all universities are set to complete 2024 successfully. A big plus is that the National Senior Certificate (NSC) results will be released a week earlier (mid-January 2025 compared to the third week in January 2024).

USAf notes that it still exerts much pressure on universities, especially when finalising the National Student Financial Aid Scheme funding list.

There are growing calls in Parliament for discussions between the ministers of Higher Education and Training and Basic Education to consider releasing the results as traditionally done in December. This would alleviate the pressure during the new year and allow institutions to plan better.

Already, 12 universities have indicated they will experience a shortage of accommodation, so solutions must be found to tackle this before the new academic year.

The NSFAS will face key challenges around appeals, accommodation pilot projects, late payments and historic debt. Collectively, universities are owed R21 billion in unpaid student debt.

What will happen to this? One wonders why the government does not use the same debt collectors they sanction for the SABC to recoup the miserly R264 annual licence fee?

If the investment in education is a bottomless pit of money that keeps giving 30 years after democracy, the fruits of these efforts should have been better.

We see poverty and unemployment, especially graduates who cannot find jobs.

While the Ministers discuss changing the date for the release of the matric exam results, perhaps they should consider whether the country is getting value for the billions thrown into education.

Fixing our system and creating the South Africa we want should begin with an honest reflection on our current state as a nation.

While we cannot escape the euphoria of finishing matric with distinction for many, let’s not forget the stigma of those who scrape through with a 30% pass in one or two subjects. Is it acceptable to say that you have passed matric with 30% in two subjects?

The bar has to be raised so that learners leave with pride, knowing they can take on the world with a proper pass. All should leave the system with the same bachelor’s pass that opens the door to a degree course at a tertiary institution for further study for a higher certificate, diploma or bachelor’s degree.

To get this, one must pass six out of seven subjects, with at least 50% in four subjects, a minimum of 40% in a home language, and at least 30% in the “Language of Learning and Teaching” and at least 30%.

However, the caveat is that even if students have achieved a bachelor’s pass, they do not automatically qualify for a university position.

Instead of the lower requirements for a matriculation exemption, should the schooling system only encourage excellence for some, with university entrance far more competitive than a system that continues to spew people for unemployment?

That is why it is key for the schooling system to produce quality learners who can take the next step when they enter the tertiary system. However, those matriculants who won’t get to university or college must look at self-employment programmes because few job opportunities are available, and the economy is not expanding.

Self-employment may be what we need to turn this economy around. This means that our education system needs radical changes. Currently, the curriculum favours post-secondary education. Most learners who complete matric do not take this path and, as such, become unemployed or depend on family and the state.

The matric system needs an overhaul to ensure that children are fit for the 21st century instead of being prepared for failure.

It is time for real conversations around education rather than celebrating mediocrity.

Edwin Naidu is the Editor of Inside Education.

INSIDE EDUCATION

By Johnathan Paoli

The political battle over the contentious Basic Education Laws Amendment (Bela) Act is heating up as a key deadline looms, with the Economic Freedom Fighters announcing that it is considering going to court.

A conflict resolution committee set up to deal with major differences amongst parties in the Government of National Unity has less than two weeks to reach an agreement on the way forward. The EFF is not part of the GNU

The EFF said on Monday it was looking at legal options to ensure that the legislation was implemented in its original form.

The EFF believes the law, which is aimed at transforming access to mother-tongue education and addressing exclusionary practices in schools, is being undermined by white supremacist organisations and their allies.

Last week a deal was reached between Solidarity and Basic Education Minister Siviwe Gwarube following the trade union taking the matter to the National Economic Development and Labour Court. Solidarity had threatened protest action over sections in the Act that address language and admission policies in schools

“The recent agreement between the Minister of Basic Education and Solidarity, which delays the implementation of critical clauses in the Bela Act, exposes the sinister reality of who truly governs South Africa – white racist organisations like Solidarity, the Democratic Alliance, Freedom Front Plus and AfriForum, not the elected representatives of the people,” EFF spokesperson Leigh-Ann Mathys said on Monday.

She accused President Cyril Ramaphosa of facilitating the agreement through secretive negotiations that betrayed the Act’s transformative purpose.

Mathys maintained that while Ramaphosa had declared that the agreement has no legal or practical effect on the ongoing discussions at the GNU, it illustrated a transparent attempt to absolve himself of responsibility for a process “he facilitated”.

“The EFF rejects his feigned detachment, as it is clear that his administration has already caved to the demands of white supremacist organisations. His assurances are meaningless without concrete action to enforce the law in its original form, or return the Bill to the National Assembly if it is indeed not satisfactory,” she said.

On Sunday, the president affirmed his commitment to resolving disputes over these provisions through a three-month consultation process, which ends on 13 December, emphasising that the Act, passed by Parliament and signed into law, must be implemented as intended.

Ramaphosa said he was bound by the Constitution and the law, and remained steadfast in ensuring transformation in the education sector for the benefit of present and future generations of learners.

He pointed out that Solidarity was only one among many stakeholders in the matter, reiterating that inclusive discussions are underway.

However, the EFF dismissed these assurances, criticising the settlement as evidence that white racist interests hold more power than the democratic processes of the country.

Meanwhile, the Congress of SA Trade Unions has cautiously welcomed the President’s commitment to implementing the Bela Act, but expressed concerns over the exclusion of key stakeholders, including teachers, learners and parents, from the consultation process.

INSIDE EDUCATION

By Johnathan Paoli

The Information Regulator (IR) is maintaining its position on its enforcement notice prohibiting the Basic Education Department from publishing the 2024 National Senior Certificate (NSC) examination results on media platforms.

Inside Education reached out to IR spokesperson Nomzamo Zondi, who criticised the Chief Director for National Assessment and Public Examinations, Rufus Poliah’s pronouncement concerning the results.

“While the department of Basic Education has stated in the media its intent to proceed with publishing, it has not formally responded to the notice, and as the Information Regulator, we still stand by our concerns over the sharing of personal information,” Zondi said on Monday.

The regulator has accused the department of non-compliance with the Protection of Personal Information Act, specifically Section 11, stating that the department had failed to attain consent from learners.

However, Poliah told reporters last week that the department was of the view that it was fully compliant and well within the ambit of the law to publish the results, contending that the results were in fact anonymous.

A department spokesperson told Inside Education on Monday that Basic Education Minister Siviwe Gwarube had still not decided whether she was going to take the matter to court.

“The minister would prefer that government institutions resolve differences through constructive dialogue and no trough expensive litigation.”

Meanwhile, AfriForum, via its legal team, Hurter Spies Attorneys, has issued a letter of demand to Gwarube seeking clarity on the matter.

AfriForum wants to know whether the minister’s office intends to file an appeal against the notice and whether it will officially declare its position in relation to the IR.

“Our client’s position is that the Regulator erred in issuing the enforcement notice and our instructions are to assist our clients with urgent review proceedings in order to have the enforcement notice reviewed and set aside,” the letter reads.

The results will be announced on 13 January.

INSIDE EDUCATION