THE thousands of learners who wrote matric last year will be able to once again access their results through the media next week.
The Gauteng High Court, Pretoria, Judge Ronel Tolmay, on Wednesday struck the application by the Information Regulator (IR) to interdict the Department of Basic Education from publishing the results in the media, from the court roll.
The judge stressed that she did not deal with the merits of the application, but only dealt with urgency at this stage. She found that the IR’s urgency, in rushing to court at the last minute, was self-created.
The IR said it had no choice but to turn to court now, as it became clear that the department refused to abide by an enforcement notice issued to it by the IR, ordering the department not to publish the results.
This followed an assessment done by the IR on whether it would infringe on the learners’ rights to protection of public information if the results were published in the media. It was found to be the case, and the IR subsequently ordered the department not to publish the results this year.
The department, however, issued an appeal against the enforcement notice.
Judge Tolmay said the report on the assessment done was already issued by the IR 10 months ago, and it knew the stance of the department on the matter.
However, at the busiest time for the department — in December — it opted to rush to court. This, she said, is self-created urgency.
She also said she cannot ignore the fact that the department will appeal the enforcement notice.
The judge said the results had been published in the media for years and she questioned why things should be different this year.