On the 27 August 2021, the Department of Justice published new regulations relating to the Promotion of Access to Information Act (“PAIA”). The new regulations impose additional obligations on Information Officers. Additional obligations are as follows: PAIA Guide Entities that are required to have a PAIA manual must ensure that they keep a copy of the Section 10 guide in [...]
Technology continues to challenge the legal system and sometimes laws battle to keep up with the speed at which technology is changing, and the various new technologies that are launched. The Tech Legal Matters podcast explores cybersecurity, privacy, and data protection and other similar topics at the intersection of technology and the law. Subscribe to this podcast, published by iAfrikan [...]
Here's a link to a very useful guide on South Africa's Protection of Personal Information Act, prepared by Delphine Daversin and Melody Musoni as part of the International Comparative Legal Guide (ICLG) - Data protection law and Regulations 2020. This guide, published by Global Legal Guide (GLG) is available on line for 39 jurisdictions. It also includes expert analysis chapters [...]
The Independent Communications Authority of South Africa (“ICASA”), the country’s communications regulator, last night, briefed Parliament’s Portfolio Committee on Communications on progress regarding the licensing of the long awaited high-demand frequency spectrum (“the IMT Spectrum”), the licensing of the Wireless Open Access Network (“the WOAN”) and the regulation of TV White Spaces. ICASA Councillor, Nomonde Gongxeka-Seopa, who spoke on behalf [...]
In 2010 the notion of the use of electronic communication by courts was a rumour in South Africa’s judicial system. It’s interesting to note that, because of an unprecedented consequence of the global pandemic, the courts, like the other branches of state power, have taken drastic measures to reduce the local transmission of Covid - 19. The courts are hoping [...]
Employees are often not aware of the power they have against their employer. As an employee, you have a duty to yourself to exercise your rights in a just and reasonable manner. This will allow you to exert some power against the employer in instances of infringement against your rights. South Africa has extensive laws aimed at regulating the working [...]
Who is Liable for the Listeria Outbreak? A deadly outbreak of listeria, which has claimed up to 180 lives, has been narrowed down to the source. The Minister of Health Aaron Motsoaledi announced on Sunday that the recent outbreak of listeriosis has been traced to Enterprise’s Polokwane Facility. Chief Executive Officer at Tiger Brands, Lawrence MacDougall has subsequently suspended [...]
They are simple and clear to understand. Don’t miss your opportunity to comment. Earlier this year, during a stakeholder briefing, South Africa’s Information Regulator chairperson promised to have draft Protection of Personal Information Act regulations out before the end of 2017. She has kept her word: draft POPIA (the Information Regulator prefers this acronym) regulations were published on Friday 8 [...]
OUTsurance, MiWay and more recently 702 Radio have all had social media mishaps. OUTsurance and 702 Radio because of decisions taken by their own teams and MiWay, somewhat unfairly as a result of a "fake" email that it attributes to a disgruntled customer. Social media can be a minefield if not used wisely, particularly in situations and on topics that may seem trivial and light-hearted [...]
The enacting of legislation undergoes a consultative process; the Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) provides that where an administrative action materially affects the rights of the public, the public must be consulted. The principle behind public participation is that all the stakeholders affected by a piece of legislation have a right to be consulted and contribute [...]
