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Spies and Others v Minister of Basic Education and Others (1652/2022) [2022] ZAGPPHC 2 (18 January 2022)

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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

Case No: 1652 / 2022

 

Before the Honourable Miller J

On this the 18TH January 2022

 

 

In the application between:

 

 

ANLE SPIES                                                                                        First Applicant

 

AFRIFORUM NPC                                                                                Second Applicant

 

MAROELA MEDIA LTD                                                                         Third Applicant

 

and

 

THE MINISTER OF BASIC EDUCATION                                             First Respondent

 

THE INFORMATION OFFICER OF THE                                               Second Respondent

DEPARTMENT OF BASIC EDUCATION

 

THE INFORMATION REGULATOR                                                      Third Respondent

OF SOUTH AFRICA

 

THE CHIEF DIRECTOR: MEDIA LIAISON,

NATIONAL AND PROVINCIAL

COMMUNICATION, DEPARTMENT OF BASIC

EDUCATION                                                                                          Fourth Respondent

 

 

DRAFT ORDER

 

 

Having read the papers and hearing counsel for the Applicants the following order is made:

 

1.        That the non-compliance with the normal rules and timeframes be condoned and the application be enrolled and treated as urgent in terms of Rule 6(12);

 

2.

2.1      The First Respondent is ordered to publish the National Senior Certificate results on public platforms (media platforms) as was the practice in previous years, concurrently with making available the results to the schools that had been attended by the learners.

 

2.2      The publication ordered in 2.1 above is not to reflect the first names and/or surnames of any of the learners.

 

3.            The resolution of the First, alternatively Fourth Respondent as reflected in a letter dated 10 January 2022, annexed hereto as "NoM1" is set aside.

 

4.            The First Respondent is ordered to pay the Applicants costs on an unopposed scale.

 

 

____________________

REGISTRAR