Zoleka Qodashe7 January 2025 | 14:05

DBE pokes holes in court arguments tabled by IR on publishing matric results

The two parties have been battling it out before the Gauteng High Court in Pretoria as 14 January looms for the release of the matric results.

DBE pokes holes in court arguments tabled by IR on publishing matric results

FILE: A matric pupil in class. Picture: Department of Basic Education/X

JOHANNESBURG - The Basic Education Department’s legal team has poked holes in arguments tabled by the Information Regulator in court on Tuesday in a bid to interdict the publishing of the National Senior Certificate (NSC) exam results for 2024.
 
The Information Regulator has argued that the absence of a declaratory order on the unlawfulness of the practice in 2022 prompted its litigation.

However, advocate Marius Oosthuizen does not agree that the lawfulness of the publication was undecided.

The two parties have been battling it out before the Gauteng High Court in Pretoria as 14 January looms for the release of the matric results.

READ: What makes 2024 different than 2023, 2022 asks judge in IR's challenge of matric results publication
 
Oosthuizen outlined the 2022 high court order on the matter.

"That order that he made in paragraph two could not have been made unless it was premised upon the lawfulness of that conduct. Yes, there is no expressed declarator but the order itself cannot be given unless the judge was satisfied that that conduct was lawful."