Fines for violating provisions of the GDPR must be effective reasonable dissuasive and strict vicarious liability is not imposed, unlike section 99(2) of the Protection of Personal Information Act, 2013 (POPIA) which reads:...
Read MoreThe ne bis in idem principle (prohibiting double jeopardy) is applied in various international instruments such as the General Data Protection Regulation (GDPR). Literally translated it means ‘not twice about the same’. In ...
Read MoreEddie Cottle argues that the labour relations architecture has changed with the introduction of a national minimum wage and that amending the LRA is a turning point in South Africa, but that South Africa is sitting on an...
Read MoreSignificantly the Basic Conditions of Employment Act (BCEA) only requires written employment particulars to be given to employees and does not require employers to have signed employment contracts. Section 29 simply requires...
Read MoreThe right to decide what to disclose about oneself is called by Germans informational self-determination according to an article by Hannah Kuchler, an FT correspondent in San Francisco, and published in the FT over the weekend:...
Read MoreLegal writing and drafting is important because plain and understandable language is now a legal requirement thanks to sec 22 of the Consumer Protection Act 68 of 2008 that came into effect 17 years ago. It will surely be of...
Read MoreLegally the two most important human relationships were treated very differently in South Africa 40 years ago. By law is meant both the common law and legislation enacted by parliament at that time, bearing in mind that the...
Read MoreThird parties may become involved in the contractual relationship between others such as stipulatio alteri (for the benefit of a third-party beneficiary). The third-party beneficiaries may claim the benefit only once they have...
Read MoreVoid for vagueness was considered in a recent judgment of the SCA in Loggenberg NO v Maree (286/17) [2018] ZASCA 24 (23 March 2018) and has drawn specific attention to the doctrine of vagueness, more particularly concerning the...
Read MoreMany years ago the former SCA set out what it regarded as the correct approach to be adopted in resolving factual disputes and to assist practitioners the thrust of that judgment follows. In Stellenbosch Farmers’ Winery Group...
Read MoreIt is important to understand that PSCBC Resolution 2 of 1999 developed the principles for a disciplinary code and procedure for the public sector and avoided the need to use language suggesting any form of criminal conduct. ...
Read MoreThe following quote and the summary is taken from an important judgment of SCA justice Malcolm Wallis when he started acting in the High Court. Although it was criticized by Davis J in Mozart Ice Cream Classic Franchises (Pty)...
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