The Department of Basic Education’s (DBE) legal team is studying an Infringement Notice by the Information Regulator (IR) which ordered the DBE to pay an administrative fine of R5 million.
According to the IR, the fine comes after the department failed to comply with an Enforcement Notice issued by the regulator last month.
On November 18, the regulator had issued the Enforcement Notice after finding the DBE contravened various sections of the Protection of Personal Information Act (POPIA). The Enforcement Notice had ordered the DBE to provide an undertaking “that it will not publish the results of the 2024 matriculants in the newspapers” within 31 days from the date on which the order was served.
It also ordered that the department “must not publish the results for the 2024 matriculants in newspapers and must make these results available to the learners using methods that are compliant with POPIA”.
The regulator said that it had made it clear that if the DBE failed to comply with the Enforcement Notice within the specified timeframe, it would be committing an offence.
Consequently, the regulator may impose an administrative fine of up to R10 million or, upon conviction, hold the responsible officials liable for a fine or imprisonment.
The thirty-one days given to the department expired on December 19. Meanwhile, the DBE last week approached the North Gauteng High Court in Pretoria where they filed papers to set aside the IR’s Enforcement Notice.
“To date, the department has not provided the Regulator with an undertaking that it will not publish the results of the 2024 matriculants in the newspapers as ordered in the Enforcement Notice or any other communication in that regard.
“The DBE had the right to appeal the Enforcement Notice in terms of section 97(1) of POPIA. POPIA provides amongst others that if an appeal is brought, the Enforcement Notice need not be complied with pending the determination or withdrawal of the appeal.
“The Regulator had not been served with the appeal application by close of business on 19 December 2024 despite media reports that the DBE had lodged an appeal against the decision of the Regulator in the High Court,” the IR said.
Regulator chairperson Advocate Pansy Tlakula, added: “We understand it from media reports that the DBE intends to publish the matric results in the newspapers on or about 13 January 2025, something which it is prohibited from doing by the Enforcement Notice issued by the Regulator.
“The DBE cannot disobey lawfully issued orders of the Regulator without following the procedure stipulated in POPIA.
“The two orders issued by the IR against the DBE have the fullest legal force and effect and must be complied with by the DBE until set aside or suspended by an appeal served upon the Regulator timeously.”
According to the IR, because it had not been served appeal papers by the DBE, the orders “remain of full force and effect and must be complied with”.
“The DBE has 30-days from 23 December 2024 to pay the administrative fine or make arrangements with the Regulator to pay the administrative fine in instalments or elect to be tried in court on a charge of having committed the alleged offence referred in terms of POPIA.”
DBE's Elijah Mhlanga said: “We are not commenting yet. The legal section (is) studying the latest document from the Information Regulator.”
Cape Times