Cape Town — The Information Regulator (IR) has hit the Department of Basic Education (DBE) with a R5 million fine for not upholding an enforcement notice that prohibits the department from publishing the 2024 matric results in the newspaper.
In a statement, the IR issued an infringement notice to the DBE to pay an administrative fine of R5 million after failing to comply with the enforcement notice issued on 18 November 2024.
The Regulator had issued the Enforcement Notice following the finding of the contravention of various sections of the Protection of Personal Information Act (POPIA) by the DBE.
The enforcement notice ordered the DBE to provide an undertaking to not publish the results of the 2024 matriculants in the newspapers and the department had 31 days from the date the order was served.
The DBE was ordered not to publish the results of the 2024 matriculants in newspapers and the results should be made available to learners using methods that are compliant with POPIA.
“The 31 days given to the department expired on December 19, 2024. 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 IR said.
The regulator was not served with the appeal application by the close of business on 19 December 2024 despite reports that the DBE had lodged an appeal against the decision of the regulator in the High Court.
INFRINGEMENT NOTICE WITH R5 MILLION ADMINISTRATIVE FINE ISSUED TO THE DEPARTMENT OF BASIC EDUCATION FOR CONTRAVENTION OF POPIA
On 23 December 2024, the Information Regulator (Regulator) issued an Infringement Notice to the Department of Basic Education (DBE) in which it ordered…
— Yusuf Abramjee (@Abramjee) December 23, 2024
IR chairperson, Advocate Pansy Tlakula, said the regulator understood the DBE intended to publish the matric results, but it was prohibited from doing so.
“The DBE cannot disobey lawfully issued orders of the regulator without following the procedure stipulated in POPIA. The two orders issued by the Information Regulator 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,” said Tlakula
Since the DBE failed to comply with the enforcement notice not to publish the result, it was issued a R5 million fine.
“Consequently, the regulator has issued an infringement notice against the DBE. The infringement notice carries an administrative fine of R5 million to the department for failure to comply with the enforcement notice,” added Tlakula.
The regulator said the DBE has 30 days from Monday, December 23, 2024, to pay the administrative fine, or make arrangements with the regulator to pay the administrative fine in instalments.
The DBE released a statement saying it noted the IR notice against them.
“In relation to the content of the abovementioned documents, the Department wishes to clarify that it has filed its appeal application in terms of section 97 of the POPIA on the relevant online high court system on 13 December 2024,” DBE spokesperson, Elijah Mhlanga said.
The State Attorney confirmed to the Department on 18 December 2024 that the Registrar of the High Court approved the application on 17 December 2024.
The POPIA requires the appeal to be made within 30 days of the date that enforcement notice was received. The enforcement notice was received by the Department on 18 November and the Department made its appeal to the High Court on 13 December 2024.
“The Department will engage with the Information Regulator on this matter via the State Attorney and its counsel as a matter of urgency,” Mahlanga said.
[MEDIA RELEASE] Statement on the infringement notice issued by the Information Regulator pic.twitter.com/ssiwPULZq9
— Dep. Basic Education (@DBE_SA) December 23, 2024
Follow African Insider on Facebook, Twitter and Instagram
Picture: Pixabay
For more African news, visit Africaninsider.com
Compiled by Matthew Petersen
