Commercial Law

Class Actions: What, Why and How

There have been many instances where companies have wronged a group of people.  This could be a result of ill-manufactured products, contamination of food products or unsafe working conditions.  While individuals may have a strong case against the company, court processes are expensive and most often, the individual does not have the capacity to seek justice. In comes the class [...]

By | 10th April, 2018|Administrative Law, Commercial Law|

Are electronic signatures legal?

Digitisation and technology has increasingly pushed businesses into implementing automated business processes while creating a paperless environment.  Time delays due to documents having to be printed, signed, scanned and emailed/faxed just scream inefficiency in the modern business world. As a natural progression for business end-to-end efficiency, electronic signatures have become increasingly popular, but how legal and binding are they? The [...]

By | 5th February, 2018|Commercial Law|

DO YOU HAVE A CONTRACT CHECKLIST?

Introduction Most companies enter into contracts on a regular basis for, inter alia, service level agreements, property or equipment leases, advertising agreements, production agreements etc.  Some of these contracts are simple and easily understandable while others are completely incomprehensible.  As a result, it is very easy for a party to glance over a contract without understanding what their obligated to [...]

By | 10th October, 2017|Commercial Law, PPM Attorneys|

Tough lessons from SA corporate blunders on Twitter – a few tips on reducing the damage

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 [...]

By | 22nd August, 2017|Commercial Law, PPM Attorneys, Social media law|

It’s World Telecommunication and Information Society Day (WTISD-2017): a quick overview on South Africa’s membership of the International Telecommunications Union

About WTISD The International Telecommunications Union (“ITU”) celebrates WTISD on 17 May each year. According to the ITU, the purpose of WTISD “is to help raise awareness of the possibilities that the use of the Internet and other information and communication technologies (ICT) can bring to societies and economies, as well as of ways to bridge the digital divide.” WTISD [...]

By | 17th May, 2017|Commercial Law, Information Security, PPM Attorneys|

South Africa’s Nuclear Procurement Programme: The Court’s reasons for overturning the deals

Earthlife Africa - Johannesburg and another Non-Governmental Organisaton challenged the Minister of Energy and others in the Western Cape High Court on the various steps taken with regard to South Africa’s nuclear power procurement programme.  The applicants in the case challenged the steps made by the Minister of Energy in 2013 and 2016, in terms of section 34 of the [...]

By | 27th April, 2017|Commercial Law, Constitutional Law, PPM Attorneys|

YOU WILL BE BREACHED: TIPS ON LIMITING LEGAL LIABILITY UNDER THE PROTECTION OF PERSONAL INFORMATION ACT

It was reported over the past weekend that 15 computers were stolen in a burglary at the Office of the Chief Justice, in Johannesburg.  The media reported that the computers held the information of 243 South African judges and about 1,800 support staff.  Other important South African state institutions like the state arms procurement company, Armscor, and the South African police [...]

Minister Gordhan’s Budget Speech Hints at Using Big Data To Give A Big Beating To Corrupt Officials

Mining has commonly been a catalyst for exponential development.  Coal mining brought about the industrial revolution, diamond mining resulted in Kimberly being the second city in the world to have electric streetlights, gold mining turned the once penal colony of Australia into a cutting edge country, and now data mining is propelling the digital revolution to dizzying heights. As mentioned [...]

By | 17th March, 2017|Commercial Law, PPM Attorneys, Technology Law|

THE SASSA CONTROVERSY: ASPECTS RELATED TO THE PROTECTION OF PERSONAL INFORMATION

    Background The South African Social Security Agency (SASSA) is in hot water. If the matter is not handled properly – and quickly, it could result in millions of beneficiaries drowning in financial woes. SASSA’s current contract for the payment of social grants expires on 31 March 2017. Although unlikely, there is a chance that beneficiaries may not be [...]

OF “BEN 10s” AND STATE ICT PROCUREMENT: GETTING IT RIGHT THE FIRST TIME

The Department of Water and Sanitation has been under fire for its alleged unlawful ICT procurement procedures.  Part of the furore related to the allegation that Minister Nomvula Mokonyane’s alleged “Ben 10's” firm was contracted to advise on ICT related procurement projects (as a defamation lawyer, I’m not saying that his or his firm's appointment was unlawful).  The State, by virtue [...]