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Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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44
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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69
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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637
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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656
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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702
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
39
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
67
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
67
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
44
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
69
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
637
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
656
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
702
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
39
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
67
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
67
Article
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Filter: POPI
Can a body corporate reveal the criminal record of an employee to owners?

27 June 2023

Can the body corporate of a section title reveal to owners that an employee has a criminal record for a... serious crime? This is a question we receive more often than would be expected from body corporates. So, what is the answer, can they, or can’t they reveal this information?

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13345
Article
Government and POPIA - applicable or not?

14 June 2021

With all the talk of POPIA coming into effect and businesses having to get ready to comply, I was wondering... whether government and municipalities also need to comply with POPIA. Surely, government entities have a lot of personal information in their possession that they must protect.

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397
Article
Data breaches in terms of POPIA: what you need to know

16 April 2021

Our consultancy business has quite a diverse client base. Over the weekend, the laptop of one of our employees was... stolen. The laptop contains personal information of our clients and it appears that it was not password protected making the data accessible. Will this be a data breach in terms of POPIA, and if so, what are we required to do?

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449
Article
POPIA deadline looming and regulations about to take effect

16 April 2021

I own a local store making custom items for our clients. Because of the nature of some of the client... requests I have to use other suppliers and have to share basic information about my clients with them. I am aware of POPIA and I understand that we need to comply including to new regulations that I understand have been issued. My question is to what extent and by when will I need to meet all these requirements?

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265
Article
New regulations provide more clarity on POPIA

11 March 2019

I’m the compliance officer for our business and have been tasked with responsibility for POPIA. I saw a media report... on regulations being promulgated and was wondering if there is anything of importance that I need to take note of in them for our business?

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442
Article
Data security under POPIA is important even for small businesses

12 February 2019

I’m the owner of a small advisory firm. A few days ago, one of my employees left his laptop in... the car during the weekend and it was stolen out of his car. I now hear that the IT guys forgot to have encryption activated on his laptop. With client information on the laptop I’m worried about whether I could be in breach of POPIA. Am I?

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332
Article
POPI allows you access to your personal information

04 October 2018

I run a small franchise electronics store. I collect basic personal information from our customers that we keep on file... and use for marketing notifications to our customers. The other day an upset customer demanded to know what personal information we have of her and said that the POPI Act gave her the right to request a complete copy of her personal information we have. We gave it to her, but I was just wondering whether she really has the right to ask for this?

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295
Article
The importance of a privacy policy for your business

15 May 2018

I’ve been working with developers to take my business online. They have advised me to make sure I have a... proper privacy policy drawn up for my website. Is this really necessary or can I just use a standard one from the internet?

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335
Article
The impact of the delayed implementation of POPI on consumers

06 April 2018

I’ve read in the media that the Information Regulator has again delayed the coming into operation of POPI Act. As... a consumer, I’ve been waiting for this to happen to help stop the abuse one has to suffer from marketing emails, phone calls and the blatant and unauthorised sharing of my personal information. How long will this delay be and when can I expect my rights to start being protected?

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245
Article
POPI and the storing of personal information

07 February 2018

My business collects a lot of personal and financial information from our clients. This information is obtained both electronically and... in hard copy format. Because of the volume of the information, we store the information electronically and in hard copy with an off-site data storage company. They don’t do anything with the data except store it for us. Does POPI apply to this relationship?

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313
Article
POPI and the quality of your information

16 November 2017

I work at a recruitment agency. I generally receive personal information, such as copies of identity documents from our clients... listing their CVs with us. These copies are stored in our electronic database. I understand that POPI requires that personal information of clients, such as the quality of copies of identity documents must meet certain requirements. What exactly are these requirements?

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319
Article
The “who’s who” of POPI

07 September 2017

I own a local cellphone and electronics store. We collect personal information from our clients, and quite often have to... pass on information to third parties such as cellular providers etc. in order to provide our services. I’m not sure where our business fits into the picture with POPI and what my responsibilities are? Can you provide some clarity?

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268
Article

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