Commercial Law

VIRTUAL COMMISSIONING IN SOUTH AFRICA

In South Africa, commissioners of oaths are regulated by the Justices of The Peace and Commissioners of Oaths Act (“the Act”).((No. 16 of 1963.))  In terms of the Act, and under normal circumstances, Commissioners of Oaths are required to verify the identity of the person making the sworn statement, they have to ensure that the documents annexed to the affidavit [...]

By | 7th March, 2022|4IR, Commercial Law, Contract Law, Cybersecurity, Data Protection, IT Law, Legal Practice|

Public Private Partnerships (PPPs) and some insights into their failure

In a democratic society, the government has a crucial role in ensuring that it meets its service delivery obligations to its citizens.  Sometimes, the government may not have the capacity or expertise to roll out projects which benefit the public.  This is where Public Private Partnership (“PPP”) projects become relevant.  PPPs are projects undertaken within the government sphere, in conjunction [...]

NFTs, intellectual property law, and their regulation

What are NFTs? NFT stands for non-fungible token.  NFTs are considered as a new and emerging technology that is represented by units on the blockchain.  In March 2021, the sale of a digital collage by an American artist known as Beeple, intrigued and fascinated many people around the world.  The sale price of $69.3 million((https://www.theverge.com/2021/3/11/22325054/beeple-christies-nft-sale-cost-everydays-69-million.)) was remarkable on its own, [...]

Measures your organisation can take to comply with condition 7 of POPIA

As more organisations move towards becoming compliant with the Protection of Personal Information Act (“POPIA”), many organisations are looking for a tailored solution to suit their business needs and to better protect the personal information that they hold.  Although condition 7 of POPIA does not stipulate the exact measures that must be taken, it requires that the responsible party must [...]

By | 26th January, 2022|Commercial Law, Data Protection, IT Law, Privacy Law, Technology 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 [...]

CHALLENGES TO POPIA COMPLIANCE AND ENFORCEMENT

It has been a few months since the grace period for the coming into full operation of the Protection of Personal Information Act, 4 of 2013 (“POPIA”) lapsed.  The hype and frenzy around POPIA compliance is slowly dying down.  This may be because most organisations have taken the steps to ensure they are POPIA compliant or they are ‘testing the [...]

THIS MEETING IS BEING RECORDED: DO YOU HAVE TO CONSENT TO IT?

The use of video conferencing tools have surged with the COVID-19 pandemic.  When organising virtual meetings, meeting organisers frequently request from attendees their consent to use the recording functionalities as it is convenient to prepare minutes, keep accurate records of the meetings and easier to share with colleagues who might not have been able to attend the meetings.  There is [...]

Should contracting parties include a cybersecurity clause?

Cyber attacks are fast becoming the norm in our society.  The COVID-19 pandemic has accelerated this with a 485% increase of ransomware reported in 2020.  A cyber attack to an organisation’s system impacts more than just an organisation.  The impact can extend to clients, suppliers, contractors, and employees.  A cyber attack is even worse in instances where personal data is [...]

SABC’s household broadcasting levy – The proposed new system

In June 2021, Cabinet passed the South African Broadcasting Corporation (“SABC”) Bill for public comment.  However, the SABC is unhappy with the Bill in its current form, stating that the Bill does not provide for adequate financing of the Corporation because it is struggling to collect TV licence fees.  South Africans have been increasingly resistant towards paying annual TV licence fees in [...]

By | 23rd November, 2021|Commercial Law, Compliance Law, IT Law, Telecommunications Law|

Cyber attacks and reporting obligations under POPIA

The month of October, known as the Cybersecurity Awareness Month, comes at a time when South Africa is reeling from the effects of a plethora of security breaches and cyber attacks that have plagued the country since the beginning of 2021.  The most recent security breaches and cyber attacks targeted Transnet and the Department of Justice and Constitutional Development.  Section [...]