- Privacy Law & POPIA
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The year 2025 has been an interesting one regarding legal developments in our law. We have compiled a book outlining some of the key legal and regulatory developments that occurred in the past year.
Privacy Law and POPIA
- Privacy Law & POPIA
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Please ensure you have read our Privacy Notice before attending the PPM Attorneys TMT Law Seminar. It contains important information about how your personal data will be collected, used, and protected during the event.
- Privacy Law & POPIA
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The Information Regulator has confirmed that Form 2 is the only form that should be used for submitting requests under the Promotion of Access to Information Act (PAIA). The previously used Form A is no longer accepted.
This signals increased regulatory oversight by the Regulator. If your organisation is still using or referencing Form A, immediate action is recommended to ensure alignment with current requirements.
Key steps to take:
- Replace all outdated PAIA forms with Form 2;
- Review and update your PAIA Manual to reflect this change;
- Ensure internal processes are compliant and up to date;
- Confirm that your PAIA and POPIA practices are properly aligned.
- Privacy Law & POPIA
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Stay updated on the Residential Community Industry’s proposed code of conduct for personal information processing. Developed in line with the Protection of Personal Information Act, the code promotes compliance, responsible data management, and enforcement within residential communities.
Infrastructure and Telecommunications
- Infrastructure and Telecommunication
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South Africa’s National AI Policy Framework outlines the country’s strategic approach to harnessing artificial intelligence for inclusive economic growth, social development, and ethical innovation. Developed by the Department of Communications and Digital Technologies, the framework emphasises responsible AI adoption, data governance, digital infrastructure, and capacity-building to position South Africa as a competitive player in the global AI landscape. It also addresses the need for regulatory alignment, ethical standards, and public-private collaboration to mitigate risks while maximising benefits across sectors.
- Infrastructure and Telecommunication, IT law
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This update discusses the joint communication on cloud computing and data offshoring and the key measures which financial institutions need to adopt to the confidentiality, integrity and availability of their data, information technology applications or systems.
- Infrastructure and Telecommunication
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- Infrastructure and Telecommunication
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The Independent Communications Authority of South Africa (ICASA) has extended the deadline for written submissions on the Draft Regulations on Dynamic Spectrum Access and Opportunistic Spectrum Management.
This draft regulation is aimed at improving the efficiency, accessibility, and equitable use of South Africa’s radio frequency spectrum, an essential national resource underpinning mobile connectivity, broadband access, and future digital innovation.
The extended closing date for written representations is now Friday, 13 June 2025, 16:00.
This is a critical opportunity for legal professionals, telecommunications stakeholders, and industry leaders to provide input on the regulatory direction of South Africa’s spectrum landscape.
- Infrastructure and Telecommunication
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The Independent Communications Authority of South Africa (“ICASA”) has extended the deadline for written submissions on the Draft National Radio Frequency Plan 2025.
This plan lays out how radio frequency spectrum will be allocated and managed, ensuring that everything from mobile and satellite communications to broadcasting runs smoothly and efficiently.
The closing date for written submissions is now 13 June 2025, 16:00. No further extensions will be considered so make sure to share your inputs.
- Infrastructure and Telecommunication
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The Minister of Communications and Digital Technologies has released a draft Policy Direction for comment, to allow ownership of broadband licences in South Africa without the requirement that black people, the youth, disabled people and women have equity ownership in the licence holder.
Interested parties have 30 working days from 23 May 2025 to make submissions on the draft Policy Direction.
Contact us if you would like to know how this may impact your business or if you would like to make submissions.
- Infrastructure and Telecommunication
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On 21 May 2025, the Minister of Communications and Digital Technologies released a proposed Policy Direction which could reshape the regulatory landscape as we know it. The main question being: Should new Individual Electronic Communications Network Services licences be issued to improve competition and the universal provision of electronic communication services?
Key highlights from the document:
ICASA’s inquiry will consider:
1. the demand for new IECNS licences;
2. whether new licences will promote competition and improve access to electronic communication services; and
3. whether the benefits of new licences outweigh the costs for monitoring and enforcing compliance and the burden on the environment.
If the Policy Direction is promulgated, the Minister will require ICASA to submit its report within six months. The Minister has therefore invited interested persons to provide written comment on the proposed Policy Direction within 30 days of the publication of the proposed Policy Direction’s publication.
- Infrastructure and Telecommunication
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The Independent Communications Authority of South Africa (“ICASA”) has just released the Draft National Radio Frequency Plan 2025, and they want to hear from you. This important plan lays out how radio frequency spectrum will be allocated and managed, ensuring that everything from mobile and satellite communications to broadcasting runs smoothly and efficiently.
Key highlights from the document:
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- The allocation of frequency: the plan provides detailed allocations from various services, making sure the spectrum is used efficiently;
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- Satellite communications: the plan includes specific bands for mobile satellite, fixed-satellites, and broadcasting satellites services, with protections in place to prevent interference to other services.
This plan is vital for the future of orderly communications in South Africa. It supports technological advancements and ensures that we stay compliant with international regulations. Your input is incredibly valuable to help shape the future of our national radio frequency spectrum plan.
- Infrastructure and Telecommunication, IT law
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- Infrastructure and Telecommunication
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ICASA has called for the submission of the Annual Forecast of Licence Fees and Universal Service and Access Fund Contributions for 2024/2025. The call is incumbent on all Broadcasting, Electronic Communications Services (ECS), and Electronic Communications Network Services (ECNS) Licensees whose financial year ends between October 2023 to March 2024. The Licensees must submit on or before 30 April 2024.
- Infrastructure and Telecommunication
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The Independent Communications Authority of South Africa (“ICASA”) has issued a notice on illegal provision of, or access to satellite internet services and possession, distribution or use of satellite broadband terminals and equipment in South Africa (“Notice”). ICASA has taken notice of the recent developments on the alleged provision of satellite internet services through Starlink terminals in South Africa, and of some entities distributing Starlink products in South Africa from within the country and from the neighbouring countries. ICASA has indicated that Starlink does not possess any licence issued by ICASA to provide electronic communications, electronic communications network or broadcasting services in South Africa.
As a response to these developments, the Notice sets out the licensing requirements for satellite internet services, specifically the criteria for both Individual and Class Electronic Communications Services and Electronic Network Service Licences.
- Infrastructure and Telecommunication
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The Independent Communications Authority of South Africa (“ICASA“) invites interested parties to make written representations on the Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014 (“Regulations“) by no later than 17 November 2023. The purpose of the Regulations is to regulate the broadcasting of party election broadcasts on broadcasting services. The Regulations also seek to determine and prescribe the framework and guidelines under which party election broadcasts and political advertisements will be conducted and carried by various broadcasting service licensees during the elections.
- Infrastructure and Telecommunication
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The Regulation of Interception of Communications and Provision of Communications-Related Information Amendment Bill (“RICA Bill”) has been tabled before parliament. The RICA Bill has been introduced by the Minister of Justice and Correctional Services to bring RICA in line with the Constitutional Court judgement in the Amabhungane Centre for Investigative Journalism NPC v Minister of Justice and Correctional Services and Others 2021 (3) SA 246.
- Infrastructure and Telecommunication
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The National Treasury has published a progress update report on Operation Vulindlela (“Report”). The purpose of the Report is to set out the progress in the implementation of the priority structural reforms. The Report sets out detailed updates in various reform areas including Digital Communications. According to the Report, all the reforms in the Digital Communications Sector have now been met. The reforms are aimed at achieving reduction in the cost and improvement in the quality of communication. The key achievements highlighted in this reporting period include the conclusion of the high demand spectrum, the publication of the Standard Draft By-Law Electronic Communications Facilities and the publication of the National Policy on Rapid Deployment of Electronic Infrastructure. The Report also sets out the current and future focus areas in the Digital Communications Sector. These include the completion of the analogue switch-off, the introduction of a secondary market for spectrum trading and the implementation of policies for infrastructure deployment.
- Infrastructure and Telecommunication
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The Department of Communications and Digital Technologies has published the Draft White Paper on Audio and Audiovisual Media Services and Online Content Safety. The proposals set out in the Draft White Paper seek to align South Africa’s policy, legislative and regulatory framework with 4IR , current trends and promote investment in audio and audio visual content. The Draft White Paper also recognises that because of interpenetration of the world’s technological systems, regulatory parity and fair competition need a technology neutral approach to ensure growth and investment.
Members of the public and interested persons are invited to submit their final written comments/inputs/representations on the Draft White Paper not later than Friday, 8 September 2023.
- Infrastructure and Telecommunication
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The Civilian Secretariat for Police Service has published draft Critical Infrastructure Protection Regulations (“the Draft Regulations”) for public comment. The Draft Regulations address aspects such as the establishment of the Critical Infrastructure Protection Regulator and the system of categorisation of critical infrastructure in low-risk, medium-risk and high-risk categories. Written comments must be submitted by 1 September 2023.
- Infrastructure and Telecommunication
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The Independent Communications Authority of South Africa (“ICASA”) initiated a Signal Distribution Services market Enquiry during 2021. It engaged with stakeholders but has determined that further engagement is necessary. ICASA has published further questions and has invited stakeholders to submit written responses. Responses must be submitted within 45 days of the request’s publication.
- Infrastructure and Telecommunication
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On the 23 June 2023, the Minister of Communications and Digital Technologies published the Electronic Communications Amendment Bill, 2022 (“ECA Bill”). The purpose of the ECA Bill is to give effect to the recommendations set out in the Competition Commission Data Service Market Inquiry report, specifically the recommendation on legislative changes aimed at increasing the level of competition in the market, thereby driving down prices.
Interested persons are invited to provide written comments on the proposed ECA Bill within 30 working days from the date of publication of the Bill.
- Infrastructure and Telecommunication
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The Minister of Police, on Friday 5 May 2023, published the Interim Critical Infrastructure Protection Regulations. They provide for the formation of the Critical Infrastructure Council and the Critical Infrastructure Protection Regulator. The Council’s functions will include considering applications for declaration as critical infrastructure. The Regulator will assist with establishing and maintaining the administrative systems and procedures necessary to implement the Critical Infrastructure Protection Act. Infrastructure is considered critical “if the functioning of such infrastructure is essential for the economy, national security, public safety and the continuous provision of basic public services; and (b) the loss, damage, disruption or immobilisation of such infrastructure may severely prejudice — (i) the functioning or stability of the Republic; (ii) the public interest with regard to safety and the maintenance of law and order; and (iii) national security.” It would therefore include services relating to telecommunications, transport such as railways and energy. The Critical Infrastructure Protection Act allows a person in charge of such infrastructure to apply for it to be declared critical infrastructure.
- Infrastructure and Telecommunication
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This is the 8th annual State of Information Communication Technology (ICT) sector report produced by ICASA since 2015. The report recognises that access to a comprehensive and timely set of ICT indicators is vital for a proper regulation of the sectors for which it is responsible namely: broadcasting, postal, and telecommunications sectors. The report aims to provide up to date information to enable interested parties to make informed decisions on the ICT sector.
- Infrastructure and Telecommunication
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ICASA has issued an Erratum Notice to the published Radio Frequency Spectrum Assignment Plan, dated 25 November 2022, in respect of a recently gazetted Notice that was issued for comment. The purpose of the erratum is to replace certain pages of the previously published Notice in order to correct and align the title to the heading and contents of the previous Notice. Interested persons are invited to submit written representations of their views on the draft Radio Frequency Spectrum Assignment Plan. Submission must be made no later than 16h00 on Friday 13 January 2023.
- Infrastructure and Telecommunication
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ICASA has extended the date for written representations on the Information Memorandum which intends to initiate the second phase of the licensing process with respect to availing radio frequency spectrum to prospective licensees to provide wireless mobile broadband access services in the low and mid radio frequency bands. The closing date is now 30 September 2022.
- Infrastructure and Telecommunication
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The Department of Co-Operative Governance and Traditional Affairs has called for input on a standard draft municipal by-law which is intended to facilitate the rapid deployment of electronic communications infrastructure, and ‘ensure uniformity’ in the context of related competencies, laws and developmental obligations. This notice was published in terms of the Municipal Systems Act. Written comments on the draft by-laws must be submitted within 30 days of the date of publication.
- Infrastructure and Telecommunication
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“Communications are the lifeblood of a market economy, and digital communications are increasingly central to that…. There is evidence of sufficient capacity to deliver on these objectives if they are implemented through private-public cooperation.” – National Infrastructure Plan 2050
- Infrastructure and Telecommunication
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On 17 August 2022, ICASA published a general notice to initiate the second phase of the licensing process to make available Radio Frequency Spectrum for Mobile Broadband Wireless Access Services in the low and mid International Mobile Telecommunications (“IMT”) frequency bands.
The second phase follows the conclusion of the first phase of the auction of high demand radio frequency spectrum which was concluded on 17 March 2022.
ICASA intends soliciting views from interested stakeholders regarding the licensing process and the frequency to be sold. Any interested persons are invited to submit written representations by 19 September 2022.
- Infrastructure and Telecommunication
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ICASA published draft amendments to the End-user and Subscriber Service Charter Regulations, 2016 (“the Draft Amendments”). The intention being to invite written representations from interested parties.
ICASA states that the Draft Amendments are aimed at strengthening the provision of quality of service for electronic communication services, and to add new regulations on voice, SMS and data services.
The Draft Amendments propose to:
- lengthen the expiry of unused voice, SMS and data services to six months;
- allow ICASA to direct licensees to run mandatory educational and awareness campaigns concerning fraud or send out public emergency notifications;
- enhance network monitoring requirements and reporting to ICASA; and
- require licensees not only to report planned service upgrades but also unplanned network outages through various platforms including social media.
A number of interested parties have made submissions including the Competition Commission of South Africa.
ICASA is likely to release a report on this in due course.
- Infrastructure and Telecommunication
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The Independent Communications Authority of South Africa (“ICASA”) held virtual public hearings in respect of the Discussion Document on Signal Distribution Services.
The objective of the public hearings was to assess the state of competition in the signal distribution market in order to determine whether the market should be regulated.
Signal distribution is how radio and television waves are transported from a broadcaster to viewers or listeners. For example, when you turn on your radio, a signal distributor transmits the radio waves from the broadcaster to your radio. Sentech is an example of a signal distributor.
ICASA received six written submissions from interested persons. These were from eMedia, MultiChoice, Primedia, Radio Pulpit, SABC and Sentech.
The public hearings took place on the 26 and 29 August 2022 with various stakeholders presenting on the topic. ICASA is likely to release a report on the hearings in due course.
- Infrastructure and Telecommunication
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The Department of Communications and Digital Technologies has published the Next Generation Radio Frequency Spectrum Draft Policy.
Interested persons are invited to provide written comments on the proposed Spectrum Policy within 30 working days of the date of publication. Click to view the Policy.
- Infrastructure and Telecommunication
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South Africa’s Minister of Communications and Digital Technologies attended the G20 Digital Economy Ministers meeting in Bali, Indonesia on 1 September 2022. According to Bloomberg, the meeting was the culmination of the Digital Economy Working Group’s (DEWG) meetings which had discussed “three priority issues of the digital economy at the G20 Indonesia Presidency, including digital connectivity, digital skills and literacy, and cross-country data flow.” The Minister’s speech touched on the digital divide and explained how prioritising the licensing of frequency spectrum will help with this. It is significant that she mentions the benefits of spectrum because South Africa’s Cabinet has approved the Draft Next Generation Radio Frequency Spectrum Policy for public comment. This policy “seeks to promote equity and fair allocation [of spectrum] to contribute towards the transformation of the sector and accessibility of digital connectivity even in outlying parts of the country.” We will update you as soon as the Draft Next Generation Radio Frequency Spectrum Policy is published.
- Infrastructure and Telecommunication
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The Independent Communications Authority of South Africa (“ICASA”), yesterday, released an information memorandum asking for comments on its proposed release of further radio frequency spectrum. One of the main reasons for releasing the additional spectrum is to pursue South Africa Connect’s and the National Development Plan’s focus on education, health and government services. Further, it seeks to “operationalise the New Growth Path and the Strategic Integrated Project (SIP) 15“. The closing date for comments is 19 September 2022, before 16h00 SAST. Please contact us if you need any further information on this and other telecommunications regulatory and compliance matters.
- Infrastructure and Telecommunication
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The Information Regulator has requested the Department of Health to report on its POPIA compliance as far as the processing of personal information collected during the Covid-19 national state of disaster for purposes of tracing, testing and vaccination against Covid-19.
Media and OTT
- Media and OTT
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The Johannesburg High Court ruled in favour of EFF’s Dr Mbuyiseni Ndlozi (“Dr Ndlozi”) against Media24. The case pertained to the Daily Sun’s publication of rape allegations against Dr Mbuyiseni Ndlozi during the very early stages of police investigations. In reaching its ruling, the court considered the issue of public interest. In its examination of public interest, the court weighed the public benefit of reporting gender based violence on the purports of freedom of speech, and media freedom, against protecting the confidentiality and integrity of police investigations especially at their very early stage, as well as the dignity and integrity of the complainant. The court found that a rape complainant’s interest in confidentiality will generally weigh against reporting the fact of the complaint and the identity of the suspect prematurely. Accordingly, the court found that the respondents failed to demonstrate that statements made were published for public benefit, and the publication thereof was defamatory and unlawful.
- Media and OTT
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The Film and Publication Board (FPB) has published the Draft Regulatory Instruments of the Film and Publications Board. These include the draft industry code on Prevention of online harm, draft guidelines dealing with peer-to-peer video sharing and draft guidelines to determine whether content is harmful. The regulatory instruments are published pursuant to the FPB’s mandate to regulate the creation, production, possession, and distribution of films, games, certain publications and the internet by way of classification of content. Interested persons who wish to comment on any or all of the draft regulatory instruments may submit written representations with 15 working days of the publication of the Notice.
- Media and OTT
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The Gauteng High Court dismissed an urgent application to “gag” a media house and its newspapers from using the term “Alex Mafia”. The applicants had applied for an urgent interim interdict to restrain the media house and its journalists from referring to them as the “Alex Mafia”.
- Media and OTT
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The Film and Publication Board has published a notice issued in terms of section 24C and 27A of the Films and Publications Act. The amendments relates to the obligations of internet access and service providers to provide a safer platform for children when accessing their services. The amendments also seek to curb the distribution of child pornography. The amendments further provides for a complaints mechanism where service providers can report to the FPB if their service is being used to host prohibited content.
Commercial Law
- commercial law
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On 22 April 2025, the Office of the Judge President introduced mandatory mediation in the Gauteng Division of the High Court. This Division incorporates the Johannesburg High Court, South Africa’s busiest commercial court.
The Directive is effective from 22 April 2025 and is aimed at addressing the increased caseload facing the High Court. Civil trial dates are being issued as far ahead as 2031, which is ultimately ineffective in achieving timeous access to justice. Therefore, to ensure access to justice, access to the Courts, and to reduce the caseload, mandatory mediation for civil cases has been put into effect.
Key takeaways from the directive:
- All trial dates for cases set down in 2025 shall remain intact;
- All matters with 2026 trial dates will provisionally remain on the roll subject to mediation 30 days before the trial date;
- Where mediation has taken place, a trial date request for a matter previously enrolled will be afforded preference in new trial date allocations;
- All trial dates set down after 1 January 2027 will be withdrawn; and
- No case shall be issued a trial date unless the request is accompanied by a mediation report.
- commercial law
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The Competition Commission has launched the Media and Digital Platforms Market Inquiry, in terms of section 43B(1)(a) of the Competition Act 89 of 1998, to scrutinize media content distribution on South African digital platforms and advertising technology markets. It has also published a Statement of Issues. Interested parties and market participants are encouraged to comment on the operation of markets for the online distribution of media content and online digital advertising in South Africa. Some of these issues include trends, adoption and use of digital platforms to aggregate and display news content online, and the importance of digital revenue sources for news media organisations; whether market features distort competition for advertising revenue, consumer data and subscription fees; and whether there is an imbalance of bargaining power between news media and digital platforms that affect the news media industry. The inquiry will seek to evaluate these issues.
- commercial law
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The Competition Commission is set to conduct a market inquiry into the distribution of media content on digital platforms , including search, social media and news aggregation platforms. This inquiry is initiated because the Commission believes that there exists market features in digital platforms that distribute news media content which impede, distort or restrict competition, or undermine the purposes of the Competition Act. This has material implications for the news media sector in South Africa. The final terms of reference for the inquiry are now published after comments and submissions from industry stakeholders were considered.
- commercial law
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The Minister of Trade, Industry and Competition has published an explanatory note on the Companies First and Second Amendment Bills, 2023. The first relates to ease of doing business, disclosure of senior remuneration and disclosure of ultimate share ownership. The second addresses extending time periods within which applications may be brought, to declare a director delinquent and using the courts to extend the period within which directors may be held liable
