CAPE TOWN - With the Department of Basic Education's (DBE) failure to get consent from 2021 matric pupils and their parents for their results to be published, it plans to ensure that parents of top achievers approve the traditional gala dinner.
Usually the National Senior Certificate (NSC) results would be published on public media platforms such as newspapers but this year this will not be the case because it would violate the Protection of Personal Information Act (POPIA), according to the DBE.
The POPI Act came into effect in the middle of last year. The matric results are expected to be released on January 21.
A letter signed by DBE spokesperson Elijah Mhlanga stated that the department recognised that section 14 of the Constitution provided that everyone has the right to privacy.
“This right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of personal information,” said Mhanga.
Speaking at a media briefing on Tuesday, the department’s director-general, Hubert Mweli said they could not get consent from the parents.
“We have written to the Information Regulator and received the advice that we need to get the consent of the learners and their parents. The gala dinner to acknowledge the top achievers is expected to take place because it is a small number , their consent can be obtained,” he said.
Western Cape Education Department (WCED) spokesperson Bronagh Hammond said they will also hold their annual provincial award ceremony and will comply with the provisions of Act.
“The WCED is required to comply with the provisions of POPIA. There is concern regarding candidates accessing results if they are still on holiday, or have moved to another town, province or country. Access to their results statement will be provided at the school,” she said.
Parents for Equal Education SA founder Vanessa le Roux said as a parent community the change is welcomed because every child has the right not to disclose their results, and protect their identity.
“Besides the results, we are sitting with so many emotionally vulnerable children, after being educated through a very difficult period, facing a pandemic, losing loved ones, and placing these children in a position of scrutiny can only make the situation worse.
“To each and every matric candidate that has passed, congratulations on the coming results. To those that haven't made it, there is always the opportunity to try again, strength is not tested and portrayed in times of victory, but also in the times that you face a setback,” said Le Roux.
Basil Manuel, president of the National Teachers' Organisation of South Africa (Naptosa) said the change in the publication should have been expected as everyone in the county was subjected to the dictates of the Act.
“The department does not have any choice because this is about the release of personal information. The upside of this is that it protects the pupils who did not succeed from embarrassment and trauma from not celebrating while others are doing so has been removed. The downside among the many is that pupils not close to their schools will have to travel back to school.”
National Association of School Governing Bodies (NASGB) chief executive Matakanye Matakanye and the Equal Education Law Centre also expressed their support for the move.
Cape Times