By Johnathan Paoli

The Pretoria High Court has dismissed the Information Regulator’s urgent bid to halt the release of the 2025 matric results, striking the application from the roll with costs in a judgment delivered on Friday.

The EFF had backed the Information Regulator in the challenge, arguing that publishing examination results risks compromising learners’ privacy.

The ruling affirms that the Department of Basic Education may continue its long-standing practice of releasing National Senior Certificate (NSC) results for publication in newspapers — beginning with the Class of 2024 on 13 January 2025.

The judgment effectively removes the final legal barrier that threatened to halt the traditional public release of results, a practice that has existed for decades and has become a key feature of South Africa’s education landscape.

The Information Regulator initially brought an urgent application in January 2025 to interdict the publishing of results, arguing that the department was in breach of the Protection of Personal Information Act (POPIA).

The court dismissed that application on grounds of lack of urgency.

The Regulator then returned to court later in the year seeking a full review of the department’s methods.

This week’s decision to strike the Information Regulator’s latest urgent application from the roll means the department is free, once again, to disseminate the results to media houses.

The court also found no legal basis to halt the long-standing release system, especially as results are published without learners’ names, containing only examination numbers.

“The regulator’s stance does not reflect events in the real world. It would be a very unusual learner who, having prepared for examinations, having spent weeks sitting for various papers, and having spent weeks awaiting results, would care to recall who sat next to the learner during examinations, work out from the sequence of examination numbers, and then have thoughts about how that other learner performed in the examinations,” Judge Mark Morgan ruled.

“It is unnecessary to consider the various other issues raised in the application. That is because I hold that the manner of publication of the results does not constitute the processing of personally identifiable information. The question of infringement of the right to privacy does not arise. The other issues raised in the application are incidental to whether the students’ right to privacy was infringed. It is therefore unnecessary to address those other issues, given our holding.”

The department had earlier filed its own application to set aside the Information Regulator’s enforcement notice served in November 2024.

That enforcement notice sought to ban all future publication of matric results in newspapers, contending that even examination numbers constitute personal information requiring consent.

The department’s court papers raised several central arguments.

The enforcement notice was unlawful, because Section 95(1) of POPIA allows such notices only for past or present violations.

The Information Regulator attempted a proactive, forward-looking ban, which the department said was null and void.

The Information Regulator was already bound by an earlier court order that had permitted the publication of results in the current format—exam numbers paired with marks only.

The published data does not identify any learner and therefore does not fall within the scope of Section 11 of POPIA.

Without names, ID numbers, school information or demographic details, the department argued, the information cannot reasonably be linked to any individual.

Even if POPIA applied, the publication met the processing limitations outlined in Section 11(1)(b–f), including justification through legitimate interests and administrative necessity.

The dispute triggered widespread public debate about transparency, access, and the rights of learners.

For many families, especially in rural and low-income communities, newspaper publication remains the most accessible way to confirm results without internet access.

Civil society organisations also entered the fray.

In 2024, AfriForum issued a letter of demand to the Basic Education Minister Siviwe Gwarube, questioning the legality of the enforcement notice and pushing for clarity on whether the department would challenge it.

Its lawyers argued that the Information Regulator had “erred in issuing the enforcement notice” and signalled readiness to pursue urgent review proceedings.

The department has argued that removing newspapers from the results ecosystem would create unnecessary barriers and exclude thousands of learners.

The Information Regulator may still pursue a full review of the department publication practice, but for now, the department has a clear path forward.

Results for the Class of 2025 will be published on 13 January 2026, with media houses expected to resume their traditional role in disseminating the matric outcomes nationwide.

INSIDE EDUCATION

By Levy Masiteng 

Mobile operator Cell C has donated two new digital labs at Gamagara High School in the Northern Cape and Kagisho Combined School in the Free State.

According to the company, this is part of its drive to expand access to digital learning in under-resourced communities, in partnership with the Department of Basic Education.

The labs are equipped with laptops using Cell C connectivity, a high-performance server, a projector, and the C3 Micro Cloud solution, designed to make digital learning practical, engaging, and accessible in communities where technological resources remain scarce.

Cell C funds, equips, and connects the digital labs as part of its CSI and digital inclusion drive. The DBE, as strategic partner, chooses the schools, aligns the labs with the curriculum, organizes teacher training, and takes custodianship of the facilities within the public school system.

At Kagisho Combined School, the new ultra-modern lab can accommodate 25 learners at a time and includes 25 laptops for learners along with three laptops for educators, a server, network connectivity and other essential tools. Educators will also receive software training to ensure the full utilisation of the facility.

“Our goal is to ensure we contribute meaningfully to the national imperative to have every learner get the opportunity to gain the digital skills and confidence needed to participate fully in an increasingly connected world,” said Lethiwe Hlatshwayo, Managing Executive for Corporate Affairs at Cell C.

The Free State Department of Education welcomed the investment, saying it reinforces the province’s commitment to academic excellence.

“Education is our focus and priority and as the province that always produces good results, we are grateful to Cell C for lending a helping hand with this lab. We are building futures,” said Michael Tshabalala, Mangaung Metropolitan Education District official.

This latest handover forms part of Cell C’s partnership with the DBE, which seeks to roll out Cell C Digital Labs to schools in nine provinces.

In mid-June, Cell C and the department delivered a fully equipped digital lab to Sozama Secondary School in Middelburg, Mpumalanga. At the time, Cell C CEO Jorge Mendes said: “These digital labs don’t just provide evidence of our fight against digital exclusion but also represent the hopes and dreams of the students at Sozama Secondary School.”

Tshabalala expressed gratitude about the new labs. “Every development that comes into this province is for the benefit of our learners. We also want to thank educators for their contribution in developing our learners for the future. We are building futures,” he said.

INSIDE EDUCATION

By Charmaine Ndlela 

The Department of Basic Education has launched an investigation into a breach that gave about 26 pupils prior access to 2025 National Senior Certificate (NSC) exam papers.

DBE minister Siviwe Gwarube said on Thursday that the department’s security systems swiftly detected the breach.

According to Gwarube, learners who were interviewed admitted to having accessed the English Home Language Paper 2 question paper and its marking guideline before the exam.

 Investigators concluded the documents could only have originated from the DBE’s national office, where exam papers are set.

“Our investigation shows that the breach occurred within the DBE offices. Of the 162 papers set for 2025, seven were accessed before the examination period,” Gwarube said at a media briefing.

The leaked papers include English Home Language Papers 1, 2 and 3; Mathematics Papers 1, 2 and 3; and Physical Sciences Papers 1 and 2. The papers were allegedly shared via a USB storage device.

Gwarube said that one DBE employee with a child in Grade 12 had been identified as a central suspect.

“Evidence suggests that she obtained the leaked papers from another employee working in the examinations unit.

“Our systems are robust. It is because of the multiple layers of protection that we were able to trace the breach and identify the suspects involved,” Gwarube  said.

Both employees have been suspended. The department has also opened a criminal case with the South African Police Service.

 “There are criminal elements here, being in possession of stolen state material is a crime, and we have taken the necessary steps,” she said.

The DBE’s preliminary findings showed that the breach affected 26 learners across seven schools in Pretoria.

“There is no evidence of a widespread or systemic leak. Our investigation shows this incident was isolated to a small number of learners in a specific geographical area,” Gwarube said.

She added that the department would engage directly with the affected schools.

To ensure independence and transparency, the DBE Director-General has established a National Investigative Task Team (NITT), said Gwarube. 

The team includes an independent chairperson, Umalusi, Universities South Africa, SACE, teacher unions, DBE officials, and a private forensic investigator.

“The task team’s mandate is comprehensive. They will confirm the exact source of the breach, verify that the spread is contained, identify all learners who accessed the papers, and recommend steps to protect the credibility of the 2025 NSC,” Gwarube said.

Investigative tools such as forensic analysis, investigative marking, script verification, interviews, and statistical performance comparisons will be deployed.

Gwarube said the breach will not disrupt the release of the 2025 NSC results.

“No results have been finalised, no certification processes have begun, and we expect to receive a final report by 31 December. We remain on track to release the results on 12 January 2026,” she confirmed.

“You cannot cheat the NSC and get away with it. We will detect it, we will investigate it, and there will be consequences,” Gwarube said.

She also praised the integrity of the vast majority of students who wrote the exams.

“We cannot allow the actions of a few to taint the nearly 900,000 learners who put their heart and soul into preparing for their exams. This investigation is being conducted to protect the value of the NSC certificate and the achievements of honest learners,” she said.

“Your matric certificate is a symbol of your effort, your resilience, and your integrity. When you cheat, you undermine your own future. You never cheat to succeed.”

She said marking is scheduled to conclude on Saturday 13 December.

Umalusi said it had received the preliminary report from the department, and was “satisfied with the steps taken by the DBE thus far, including reporting the case to the SAPS”.

“Similarly, Umalusi is pleased by the ongoing investigative work aimed at determining the magnitude of the irregularities. The DBE is expected to present its findings on the matter for the consideration of the Executive Committee of Umalusi Council during the approval of results meetings to be held on 6-8 January 2026.”

INSIDE EDUCATION

By Levy Masiteng 

In a major boost to education in Hammanskraal, the Gauteng Department of Education (GDE) has unveiled Ratanang Primary School in Kanana, a state-of-the-art institution that promises to revolutionise learning for township children.

According to the department, the modern school is equipped with 28 classrooms, catering to approximately 1,100 learners from Grade R to Grade 7. It also features cutting-edge facilities, including computer labs, sports amenities, and a multifunctional hall.

In a statement, the department said the school provides “safe, dignified, and future-focused learning, ensuring that every child has the opportunity to thrive in an environment equipped for the demands of a rapidly digitising world.”

“Ratanang is a game-changer, with a dedicated Early Childhood Development (ECD) Centre that provides a safe and nurturing environment for early learners.”

The ECD centre includes five Grade R classrooms, child-friendly toilets, and outdoor play areas, all aligned with Early Childhood Care and Education (ECCE) standards.

The department said Ratanang was built to embody the province’s long-term vision for township education—modern, inclusive, future-focused, and anchored in strong infrastructure.

The community has welcomed the school, with parents and residents expressing both gratitude and concerns regarding safety and security.

“This is commendable work. Happy that the kids will be in the new infrastructure. Parents and community should protect and fund this education centre, it’s theirs,” said Mtúzhã KaFuze under the department’s Facebook post.

Thomas Selomo echoed this view, saying, “Let’s all take care of our new school Ratanang, here in Kanana. This is our community’s future. Let’s protect it and keep it in good condition for future generations to come.”

However, some community members have raised concerns about security, with Serutle Joseph Ntlatleng questioning the effectiveness of safety measures. Others highlighted classroom overcrowding.

“The rate of 40 kids in a class is still high Premier Panyaza, at least 25 kids in a class to afford them attention from the educators,” Mtúzhã KaFuze added.

The department has assured the community that the school is equipped with robust security systems, including backup power and water supply, to ensure a safe and secure learning environment.

“Gauteng is proud to bring this modern primary school to Hammanskraal. We call on learners, parents, and the community to protect and value this institution for generations to come,” the department said.

INSIDE EDUCATION

By Thapelo Molefe

As schools close across the country, the Mpumalanga Department of Education has reiterated that no school is permitted to withhold learner report cards under any circumstances, urging parents to report any institution that fails to comply.

The department said the reminder follows Section 29(12) of the National Protocol on Assessment (Grades R–12), which explicitly prohibits both public and independent schools from withholding a learner’s report card for any reason.

The department said a report card is the official tool through which schools provide parents with a full picture of a learner’s academic progress, strengths, and areas that require improvement. Schools have been instructed to issue these documents promptly at the end of the school term.

“Should any school fail to release a report card, parents are encouraged to report the matter immediately to the nearest circuit office,” said the department on Wednesday.

It also warned schools to use proper administrative channels to address parental obligations, without punishing learners or restricting access to their academic records.

Education MEC Lindi Masina urged schools to ensure all issued reports are correct and free of errors. 

“Parents have the right to receive a full and accurate account of their children’s performance throughout the year. We therefore urge all schools to refrain from withholding learner report cards for any reason,” Masina said.

The department congratulated learners for reaching the end of the academic year and encouraged those who did not pass to remain hopeful, reminding them that support is available. 

Parents were urged to provide emotional support and maintain a calm environment as children receive their results.

Schools will reopen on 14 January 2026.

INSIDE EDUCATION

By Thapelo Molefe

Higher Education Minister Buti Manamela has welcomed the Vaal University of Technology (VUT) Council’s decision to institute an independent forensic investigation into allegations of a syndicate selling fraudulent degrees and registrations, a scandal the university allegedly failed to act on for more than a year.

This follows a formal response from the VUT Council after Manamela demanded answers last week about why credible whistleblower evidence, first raised in August 2024, was never escalated to the oversight body. 

According to Council Chairperson Professor Mandlakhe Radebe, the allegations only reached the Council after media enquiries surfaced in November.

“It is deeply concerning that the oversight body of the institution was kept in the dark regarding allegations that threaten the core academic integrity of the university,” Manamela said on Wednesday.

The Minister had previously given VUT until last Friday to explain the alleged 12-month delay, provide proof of consequence management, and outline safeguards to prevent manipulation of the 2026 academic intake. 

The ministry said it was particularly troubled by claims that an employee had been arranging fraudulent qualifications, primarily for Congolese students, dating back as far as 2018.

The whistleblower, a VUT graduate, repeatedly warned the institution that implicated individuals continued accessing campus and had allegedly been recruiting students for 2026.

In its formal response, the VUT Council rejected a preliminary report submitted by University Management, calling it “wholly inadequate”.  

It has since resolved to appoint an independent forensic team to investigate both the alleged syndicate and management’s handling of the complaint.

Although the Council requested three months to complete the probe, Manamela said the Ministry cannot allow the upcoming academic year to be exposed to the same vulnerabilities flagged by the whistleblower.

The Minister has written back to the Council seeking a supplementary briefing on immediate interim measures, including verifying the credentials of foreign applicants and those claiming recognition of prior learning.

“We expect immediate consequence management for any staff members implicated, to prevent them from accessing the university’s IT systems while the investigation is underway,” he said.

Manamela said that the integrity of South Africa’s qualification system remains “sacrosanct” and stressed that the Department will support VUT in “rooting out any criminal elements operating within the institution”.

INSIDE EDUCATION

By Charmaine Ndlela 

The DA has accused the Gauteng Department of Education of endangering learners and teachers by cancelling professional school security contracts without conducting risk assessments.

DA Gauteng education spokesperson Michael Waters said a recent written reply from MEC Matome Chiloane confirmed that the department did not follow basic due diligence before withdrawing accredited security services from schools across the province.

According to the DA, the MEC admitted the department failed to assess the financial implications of recovering contracted security, consider the heightened risks of vandalism, burglary or arson, evaluate the safety impact on learners, teachers and school staff, or review the consequences for schools already classified as high-risk.

Waters said the department terminated contracts with trained, PSIRA-accredited security guards and replaced them with untrained patrollers who are not deployed after hours, over weekends or during school holiday periods when schools are most vulnerable.

Waters said that this decision had already had devastating real-world consequences, citing the recent murders of a principal and administrator at Enxiweni Primary School in Tembisa.

The tragedy highlighted “gross negligence” on the part of the Gauteng Education Department, according to the DA.  

“Schools are high-value public assets, many of which face daily threats from gangs, break-ins, and criminal networks,” Waters said. “Instead of reinforcing security, MEC Chiloane weakened it and now school communities are paying the price.”

The DA demanded the immediate reinstatement of accredited security personnel at all high-risk schools, and a full account of how the decision to cancel professional security services was authorised.

INSIDE EDUCATION

Staff Reporter

KwaZulu-Natal Education MEC Sipho Hlomuka said his department had accepted findings by the Special Investigating Unit into an irregular R2.5 million contract for chemical toilets at schools, and that disciplinary proceedings would be implemented against the implicated employees.  

Hlomuka was responding to an SIU statement released on Monday that said the Special Tribunal had ordered the MEC to initiate disciplinary proceedings against 16 departmental officials implicated in the awarding and extension of a contract for 72 chemical toilets in the Pinetown District.

Hlomuka said he had directed the head of department to ensure the SIU’s disciplinary directives were implemented “without delay, and that consequence-management processes are conducted fairly, consistently and within the prescripts of the law”.  

The SIU welcomed the tribunal order, saying it “goes beyond declaring the contract invalid to actively enforcing consequence management at all levels of state administration,” and praised the judgment for reinforcing accountability at the senior levels of the education department, SIU spokesperson Kaizer Kganyago said.

The tribunal also set aside the unlawful contract and ordered the service provider, Hawulethu (Pty) Ltd, to repay all profits derived from it.

Said Hlomuka: “As the Executive Authority, I wish to reaffirm our unwavering commitment to transparency, accountability, and ethical governance.”

The SIU investigation into the June 2020 procurement found that the contract, valued at R2,538,000.00, was awarded without any competitive bidding process, in violation of constitutional and public finance rules.

It said 16 officials failed to follow mandatory supply chain management processes and that Hawulethu was contacted and delivered goods before being formally appointed as a service provider. The company “overcharged by more than 100 per cent,” the SIU said.

Hlomuka said the department would cooperate with efforts to recover losses and backed the SIU’s legal bid to reclaim irregular profits.

He said that the department would tighten controls to prevent a repeat of the irregular procurement, including strengthening supply-chain checks, intensifying internal audit monitoring and expanding training and capacity-building programmes for officials.

He also ordered that quarterly progress reports on SIU-related matters be submitted to his office.

“It is important to highlight that the vast majority of our officials conduct their responsibilities with diligence and integrity,” Hlomuka said, but added that “any breach of public trust — no matter how isolated — undermines our collective mission to deliver quality education to the children of KwaZulu-Natal.”

 “The Department will not tolerate any form of corruption or negligence that compromises the right of learners to learn in a well-resourced, functional schooling environment. Every rand allocated to this Department must reach our schools, our teachers, and ultimately, our learners,” he said.

INSIDE EDUCATION

By Marcus Moloko

Smartphone Free Childhood South Africa (SFC-SA) has launched a campaign to delay or restrict smartphone and social media access for children under 16.

The group contends that early, unmoderated smartphone exposure can harm children and is calling for age-appropriate technology policies.

SFC-SA says its approach is pro-child, not anti-tech.

It supports delays and safeguards rather than blanket bans, and says it has mobilised thousands of parents through campaigns and school-based pledges.

Media coverage has amplified the call, pointing to international momentum, such as Australia’s under-16 social media restrictions and Malaysia’s announced plans, as examples South African policymakers may consider when debating local measures.

Several media reports say SFC-SA has launched a nationwide digital parent pact. The idea is to help parents with children in the same school grade commit collectively to withholding smartphones until high school.

Supporters say this could reduce peer pressure and create community backing for delayed adoption and clearer, coordinated boundaries around devices and social platforms.

An IOL report said that any policy change in South Africa would likely depend on constitutional and statutory tests. These would need to balance children’s rights, freedom of expression, and access to information against the state’s duty to protect minors from harm.

If the advocacy intensifies, groups could pursue court action in several forms:

Applications compelling regulators or education authorities to issue age-based social media guidelines.

Constitutional challenges seeking a declaration that unrestricted smartphone access undermines children’s rights to safety and well-being.

Public interest litigation pushing platforms and mobile networks to implement age verification and default protections for under-16s.

These legal routes would likely rely on comparative evidence and child-protection frameworks, using overseas precedents as persuasive (not binding) authority.

For minors, the potential impacts are complex. Possible benefits of restricting smartphones under 16 could include reduced exposure to cyberbullying, adult content, and addictive design; improved sleep, attention, and mental health; and more time for in-person social development and learning.

SFC-SA said it is highlighting research-based harms and advocating for mindful, age-appropriate technology to safeguard childhood.

Possible downsides include reduced access to digital literacy, educational apps, and online communities; potential exclusion from school communications that rely on mobile platforms; and a greater burden on parents and schools to provide alternative channels and supervised access. A strict ban or delay could also widen inequalities if enforcement is uneven or if safer, supervised technology is not made accessible across different socioeconomic contexts.

In the near term, South Africa’s trajectory is likely to involve policy debate, school-level compacts, and advocacy aimed at both government and platforms rather than immediate national legislation.

If litigation is pursued, it could test how courts weigh child protection against access and expression, and might result in court-ordered guidelines or obligations on platforms to verify age and provide default safeguards for minors.

International developments will likely continue to shape the local conversation as advocates press for clearer rules and stronger protections for children online.

INSIDE EDUCATION