PAIA Manual – Do you have one, is it up to date and ready for inspection?
If you do have an existing PAIA Manual, ensure you merge the mandatory forms to your Manual. The forms can be downloaded on the Information Regulator’s website. Very important to remember - it is a criminal offence not to have a PAIA Manual if you are required to do so, and your entity may face fines for non-compliance. Should you not have a PAIA Manual, or if your PAIA Manual has not been updated in terms of the provisions of POPIA or with the mandatory PAIA forms, contact us to assist you.
Converting a Close Corporation to a Company in South Africa
Converting a Close Corporation (“CC”) to a Company is a common business transition in South Africa and involves a change in the structure and legal status of the business. There are advantages to this. This is a short guide to help you navigate the process smoothly.
Breaking down the new beneficial ownership reporting requirements for trusts
The Amendment Act has introduced new trustee obligations into the existing South African trust law. The changes pertain to the recording and reporting of beneficial ownership of trusts. The aim of this recording is to improve transparency regarding the ownership of trust assets to assist in the combatting of a money laundering and terrorist financing.
Greylisting or Grey Hairs : new company disclosure requirements deadline 1 October 2023
Analysing the new disclosure requirements in the General Laws Amendment Act, 2022 In response to the greylisting by the Financial Action Task Force, the President has signed into law the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act to improve SA’s ability to combat money laundering and terrorist financing The Amendment Act has more...
The Ban of TikTok: The US is worried, should you be?
From 2020, TikTok has become a global social media sensation. TikTok is an app where users share short form videos of them dancing, singing, vlogging, and participating in challenges etc. However, recently, the United States, Europe, and Canada have named this app as a threat to their national security and are making efforts to ban more...
Social Media Policy – Do we really need one?
Social media is essentially the online community where your customers, partners, suppliers, and stakeholders camp out to share information, promote products and services, and exchange opinions and experiences (possibly about your organisation). As an organisation, you must recognise the limits and risks of social media, and how it can affect your brand, public image, and more...
Electronic signature of sale of immovable property agreements – what’s new?
If you asked a year ago whether you could sign a sale of immovable property agreement electronically, the short answer would have been that an electronically signed agreement of sale is not valid or binding on the parties. With the swift advances in technology, and more people than ever working remotely, there has been a more...
I bought a vehicle from a dealer and found it is defective – now what?
We are receiving an increasing number of queries concerning defects in motor vehicles bought from dealers and this article summarises your rights and possible next legal steps in these circumstances. Requirements and Standards in terms of the CPA In terms of Section 56(2) of the Consumer Protection Act 68 of 2008 (“CPA”) a consumer may more...
Bool Smuts v Herman Botha – Right to Privacy v Freedom of Expression
On 10 January 2022 the Supreme Court of Appeal handed down a landmark judgment in the matter of Smuts and Another v Botha and Another (887/2020) [2022] ZASCA 3 (10 January 2022) which gives us an inside look at how our privacy laws are applied by the courts. Summary In this matter, Bool Smuts, a more...
M Booysen v J Dolley-Major (Case No: 5043/2021) Landmark case – Naming an alleged rapist on social media
We are all aware of the serious legal consequences of defamatory posts on social media, but as discussed in my article on defamation and the elements that need to be proven, it is an intricate area of law and there is a constant weighing of individual rights by the courts. This case is an excellent more...
Let’s talk about defamation of character…again
Why do we have to continue talking about this? Defamation of character has become one of the most frequent issues that clients raise with attorneys. Either they are being defamed on social media or are accused of defaming someone else or a business on social media. It would be easy to keep blaming it on more...
The consequences of the Cybercrimes Act on Social Media (ab)use
The President has finally signed the Cybercrimes Bill into law after a long legislative process. The Cybercrimes Act (the Act) focuses mainly on criminalising the interference with computer systems and data, which is described in more detail in Andrew Marshall’s article on the subject. However, the Act also has bearing on the way we use more...