News & Articles

Legal change: South Africa recognises Muslim marriages

Legal change: South Africa recognises Muslim marriages

In the matter of Women’s Legal Centre Trust v President of the Republic of South Africa and Others 2022 (5) SA 323 (CC)), the Constitutional Court found that certain provisions in the Divorce Act 70 of 1979 (“Divorce Act”), as well as the Marriage Act 25 of 1961, were inconsistent with the Constitution. These provisions failed to recognise marriages solemnised in accordance with Sharia law (Muslim marriages) as being valid for all purposes in South Africa.

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Why social media disputes can be a Pandora’s box

Why social media disputes can be a Pandora’s box

Social media sites and the use of these sites for personal and business use are accepted in today’s digital world. For many businesses their social media presence is a vital part of their ability to connect, engage and sell to their clients. But what happens, when owners change or the persons running these sites on behalf of a business refuse to provide access to the sites? How easy is it to address these disputes?

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To extend or offend: Can you extend your sectional title unit?

To extend or offend: Can you extend your sectional title unit?

Owning property in a sectional title scheme requires the sharing of certain spaces with other owners. These shared spaces are typically the common property of the scheme and can be defined as the land or buildings in the scheme which do not form part of any owner’s unit. But what if a unit owner wishes to extend their unit? Can the owner do so and extend their unit onto the common property? In this article, we explore the options available to the unit owner.

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Jail time and heavy fine for skipping child support payments

Jail time and heavy fine for skipping child support payments

In a recent judgment handed down in the Free State High Court wherein PH Attorneys acted for the Applicant, the Respondent was found to be in contempt of court for not paying his maintenance obligations in terms of a court order and was sentenced to 6 months direct imprisonment suspended for 3 years.

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International: Privacy by Design – prioritizing security in business

International: Privacy by Design – prioritizing security in business

In today’s current digital space, safeguarding privacy and ensuring that your business is compliant with the various cyber laws and data privacy regulations is crucial to ensure that business operations are well protected. In this article, PR de Wet and Mishka Cassim, from VDT Attorneys Inc., seek to address some of the most important issues companies face and need to consider on a global scale when addressing privacy concerns.

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South Africa: POPIA and prior authorisation to process personal information

South Africa: POPIA and prior authorisation to process personal information

The Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) requires a responsible party to apply for and obtain authorisation prior to processing certain identified categories of personal information. With POPIA compliance deadlines fast approaching PR de Wet and Hayley Levey, from VDT Attorneys Inc, analyse the POPIA prior authorisation regime.

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South Africa: The role and liability of an operator under POPIA

South Africa: The role and liability of an operator under POPIA

The Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) defines a number of different persons who may either, in the circumstances, be involved in and/or responsible for the processing and protection of personal data or alternatively, are the persons to whom such personal data relates.

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South Africa: The development of codes of conduct under POPIA

South Africa: The development of codes of conduct under POPIA

The effective date for South Africa’s data privacy law, the Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) is fast approaching and in anticipation of D-Day (1 July 2021), organisations need to address their compliance requirements to avoid possible penalties. PR de Wet and Hayley Levey, from VDT Attorneys Inc, provide an overview of what codes of conduct are and the benefits of subscribing to a code of conduct, following Information Regulator’s recent publication of Guidelines to Develop Codes of Conduct, Checklist for Submission of Application for Approval of a Proposed Code of Conduct, and Standard for Making and Dealing with Complaints in a Code of Conduct.

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South Africa: The role and responsibilities of the information officer under POPIA

South Africa: The role and responsibilities of the information officer under POPIA

By now the news of the commencement date (i.e. 1 July 2020) for the Protection of Personal Information Act No. 4 of 2013 (‘POPIA’) has done the rounds and most persons who are required to comply with POPIA’s provisions are now in the midst of either implementing or updating their compliance frameworks to ensure that by the time the grace period ends and POPIA’s provisions become enforceable, on 1 July 2021, they can reasonably show the Information Regulator (POPIA’s supervisory authority) that their processing activities are compliant with POPIA’s conditions. Arguably, one of the key areas to address in POPIA compliance is the role of the information officer. PR de Wet and Hayley Levey, Director and Associate respectively at VDT Attorneys, outline the key compliance considerations with respect to the appointment and role of the information officer under POPIA.

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South Africa: The Cybercrimes Act, its relationship with POPIA, and compliance

South Africa: The Cybercrimes Act, its relationship with POPIA, and compliance

During December 2021, the South African President signed the Cybercrimes Act, 2020 (Act 19 of 2020) (‘the Cybercrimes Act’) into law. This legislation is the first in South Africa to consider cybercrimes explicitly, and forms part of South Africa’s growing legislative framework on data management. But what impact does the Cybercrimes Act have on organisations operating in South Africa? In this Insight, the first on the topic of cybercrimes, PR de Wet and Davin Olën, from VDT Attorneys Inc, provide an overview and unpack how the new legislation slots into the existing South African regulatory universe, with specific reference to the Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’). The article also provides an overview of the applicable business processes which South African companies would need to consider in ensuring compliance with the Cybercrimes Act.

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South Africa: Cloud regulation and POPIA – what remote computing services need to know

South Africa: Cloud regulation and POPIA – what remote computing services need to know

While cloud services had seen small-scale uptake within South Africa prior to 2020, the national working environment was fundamentally challenged by the onset of lockdown regulations following the COVID-19 pandemic. As staff members were required to stay at home, many organisations were obliged to shift their data onto cloud platforms for staff members to continue working. In many instances, this emergency operational modification did not consider the legislative implications of data migrations and, following the relaxation of lockdown regulations, companies have been forced to consider the risk and compliance aspects of their migration.

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South Africa: Processing of children’s personal information in the modern age of technology

South Africa: Processing of children’s personal information in the modern age of technology

Sections 34 and 35 of the Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) deals with the processing of children’s information. PR de Wet and Jako Fourie, from VDT Attorneys Inc., provide a brief overview of the aforementioned sections and requirements with specific emphasis on the higher degree of protection afforded by POPIA with regard to the processing of personal information of children. As a first in a series of articles to follow, this article will explain some practical implications for valid consent being one such requirement, especially in relation to the modern technical age that we find ourselves in today.

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South Africa: AI and data privacy regulations – the complexities of AI technologies and processing personal information

South Africa: AI and data privacy regulations – the complexities of AI technologies and processing personal information

There have been radical developments in various artificial intelligence (AI) models, with ChatGPT being the most prominent. ChatGPT serves as a language-based AI chatbot that uses a set of techniques referred to as deep learning that has continuous learning capabilities. As a result of these revolutionary AI developments, businesses have acknowledged the valuable insights that AI platforms can provide. It facilitates the generation of contracts, marketing content, CVs, articles, essays, and much more. It does so by gathering and processing data sourced from the internet, encompassing large sets of data derived from books, articles, and other online resources. PR de Wet and Jako Fourie, from VDT Attorneys Inc., examine the impact of POPIA on AI developments, with a specific focus on the processing of data by automated means through AI.

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Shining success in pivotal IT sector merger

Shining success in pivotal IT sector merger

In a landmark transaction that promises to redefine the landscape of South Africa’s information technology and telecommunications sector, the M&A Team of PH Attorneys played a crucial role in facilitating the acquisition of a leading cyber security software firm by a multinational enterprise software procurement company. This deal not only marks a significant milestone for both firms involved but also holds implications for the broader African market.

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