Information Regulator takes the matric results fight to the Supreme Court of Appeal

The Information Regulator sought leave to appeal a North Gauteng High Court ruling that allowed the Department of Basic Education to publish the 2025 matric results in newspapers despite the Regulator's enforcement notice prohibiting it. The DBE proceeded with publication as scheduled on 12 January 2026, with the appeal pending.

Two questions arise from the case. The first is definitional: the High Court reasoned from "personally identifiable information," a concept the Regulator says does not exist in POPIA, which applies its own broader test for personal information. The second is institutional: whether an Information Regulator enforcement notice retains force while an appeal is pending, or can be disregarded in the interim.

The Supreme Court of Appeal's ruling will determine the boundaries of the Regulator's authority in both respects.