Regulatory and Governance

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 [...]

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 [...]

Inaugural Global Encryption Day – 21 October 2021

Today marks the inaugural Global Encryption Day.  This is an initiative by the Global Encryption Coalition (“GEC'').  The GEC is composed of the Democracy & Technology, Global Partners Digital, the Internet Society and over 180 organisational members including civil society organisations, business and trade associations, and individual members including technical and cybersecurity experts and academics.   The initiative is an opportunity for businesses, civil society organisations, technologists, and internet users worldwide to show why encryption matters and why people [...]

The Competition Commission publishes the Further Statement of Issues

On 17 May 2021, the Competition Commission officially launched the Online Intermediation Platforms Market Inquiry (“Inquiry”).  The Inquiry was initiated in terms of section 43 B (1) (a) of the Competition Act 89 of 1998 (as amended).  The purpose of the Inquiry is to act as a proactive measure for the Competition Commission to get a deeper understanding of the online markets operating in South Africa.  The [...]

By | 5th October, 2021|Commercial Law, IT Law, Regulatory and Governance|

NOTICE OF MEDIATION IS INUNDATED COURTS’ BEACON OF HOPE

If you don’t comply with a Rule 41A of the Uniform Rules of Court, you run the risk of being stopped dead in your tracks or being turned away by a Registrar when attending court to issue summons or a notice of motion.  The primary purpose of Rule 41A is to ensure that courts are not inundated with civil matters that could be resolved between the parties by means of mediation.    What Rule 41A entails and how to comply  Rule 41A was introduced to ensure that in every new [...]

Update: New PAIA Regulations

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 [...]

By | 3rd September, 2021|4IR, PPM Attorneys, Privacy Law, Regulatory and Governance, Technology Law|

KING IV ON DIRECTOR INDEPENDENCE

All directors are required to always act in the best interests of the company, and this can only be achieved if directors set aside their personal interests.  In order to ensure that no one individual, or group of individuals yield unfettered power on the Board, King IV proposes the appointment of independent non-executive directors. King IV defines independence as “the [...]

By | 15th December, 2020|Company Law, PPM Attorneys, Regulatory and Governance|

Decentralised Finance: What is it and how is it regulated in South Africa?

What is Decentralised Finance? Decentralised Finance (DeFi for short) is a financial system built on public blockchains such as BitCoin and Ethereum.  Blockchains refer to a list of data records that work as a decentralised digital lender.  The data in a specific blockchain is organised into blocks, which is chronologically arranged and secured by cryptography.  The oldest and safest blockchain [...]

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 [...]

LEGAL STATUS OF BLOCKCHAIN TECHNOLOGY IN SOUTH AFRICA

Sub-Saharan Africa has a 70% unbanked population.[1]  This statistic indicates there exists the enormous potential for the adoption of blockchain-based solutions as an alternative to traditional payment options.   Access to traditional services is one of Africa’s biggest challenges and making use of blockchain would improve access to financial inclusion.  So, as this term blockchain garners popularity within businesses and governments [...]