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So far Lucien Pierce has created 50 blog entries.

SHEBURI V RAIL SAFETY REGULATOR – APPLICATION OF POPIA

On 2 March 2022, the CCMA handed down a ruling relating to an unfair labour practices dispute.  The applicant, an employee of the Rail Safety Regulator (the respondent), alleged that she was excluded from receiving benefits that were due to her which other employees were entitled to.  The respondent raised a point in limine objecting that the applicant’s bundle of [...]

By , | 24th March, 2022|Compliance Law, Data Protection, Dispute resolution, POPIA, Privacy Law|

WHY THE DEPARTMENT OF BASIC EDUCATION’S CAPITULATION ON THE PUBLISHING OF MATRIC RESULTS IS A TRAVESTY

The Pretoria High Court, today, granted an urgent interdict compelling South Africa’s Department of Basic Education (“the Department”) to publish matric results on various media platforms.  This was after the Department announced, on 10 January 2022, that it would no longer permit matric results to be published on public media platforms. The Department’s failure to oppose the interdict is a [...]

By | 27th January, 2022|Child law, Compliance Law, Data Protection, Privacy Law|

Public-Private Partnerships in ICT Infrastructure: An effective way to achieve SA’s 4IR Goals

Introduction A Public Private Partnership (“PPP”) is broadly defined as a commercial transaction between an institution and a private party in terms of which the private party either performs an institutional function on behalf of the institution for a specified or indefinite period; or acquires the use of state property for its own commercial purposes for a specified or indefinite [...]

Telkom wants to interdict returning emergency spectrum to ICASA: Why Telkom (MTN and Vodacom) losing is in the public interest

Telkom wants to interdict returning emergency spectrum to ICASA: Why Telkom (MTN and Vodacom) losing is in the public interest   Telkom launched legal proceedings against South Africa’s telecommunications regulator, the Independent Communications Authority of South Africa (“ICASA”), in early October 2021.  Telkom wants to interdict returning emergency spectrum to ICASA.  ICASA had licensed this spectrum to Telkom, MTN, Vodacom [...]

South Africa’s ports, pipelines and hospital networks are critical infrastructure: protecting them from cyberattacks is non-negotiable

Maersk and Transnet cyberattack parallels On 27 June 2017, shipping company – Maersk – faced its biggest crisis.  NotPetya, a type of ransomware, had spread through its global computer network in 7 minutes[1], destroying 49,000 of its laptop computers.[2]  17 of its terminals across the globe were hacked. The NotPetya attack was so rapid, that at the Maersk terminal in [...]

By | 4th August, 2021|4IR, Cybersecurity, Information Security, Technology Law|

Can Transnet rely on force majeure for its ransomware cyberattack?

Transnet, on 22 July, suffered what it has called “a cyber attack”. As a result of this disruption, Transnet could not provide the services it usually provides, which include loading and offloading containers from ships. Transnet, whose ports, railways and pipelines are critical infrastructure, is crucial to the functioning of South Africa's economy, declared force majeure on the same day [...]

By | 3rd August, 2021|4IR, Cybersecurity, Data Protection, Information Security, IT Law, Technology Law|

THE PROTECTION OF PERSONAL INFORMATION ACT WILL BE IN FORCE FROM 1 JULY 2020: GREAT NEWS FOR SA’S DIGITAL ECONOMY

South Africa’s President, Cyril Ramaphosa, announced yesterday that the Protection of Personal Information Act, 2013 will be fully effective from 1 July 2020.[1] This is great news for SA because it enhances its plans to grow its digital economy. For example, if SA is able to show that its data privacy law is adequate for the European Union’s purposes, more [...]

JOURNALISTS MUST BE AFFORDED SPECIAL PROTECTION UNDER SOUTH AFRICA’S CORONAVIRUS MOBILE TRACK AND TRACE LAWS

There is general consensus that, if conducted lawfully and in compliance with privacy and related laws, combating Covid-19 with mobile track and trace technology may be justified. Stakeholders in South Africa, who are normally vociferously outspoken when privacy rights are concerned, have not protested too much about its Contact Tracing Regulations. One aspect that many of us may have overlooked, is [...]

Registering as an Essential Service Provider under South African Covid-19 Lockdown Regulations

Here's what you need to do to continue operating as an essential service, e.g. a telco or data centre, during the SA lockdown: Obtain a copy of the Disaster Management Act, Amendments to the Regulations, published on 25 March 2020 in Notice No.398 in Government Gazette No. 43148; Consider the definitions under Regulation 11A to determine whether your organisation is [...]

By | 3rd April, 2020|4IR, Commercial Law, Compliance Law, PPM Attorneys|

South African Covid-19 mobile track and trace laws – should we be worried?

In last night’s update on the Covid-19 pandemic, South Africa’s President Cyril Ramaphosa announced that “Using mobile technology, an extensive tracing system will be rapidly deployed to trace those who have been in contact with confirmed coronavirus cases and to monitor the geographical location of new cases in real time.” You may ask: What about my right to privacy? What [...]