The Information Officer and POPIA: What you need to know
“I am the compliance officer for our retail business. I’m aware of the deadline of 1 July 2021 to be POPIA compliant and we are busy putting the necessary in place. I’ve recently heard that the Information Regulator now requires information officers to be registered...
THE LEGAL DUTY OF A GRANDPARENT TO MAINTAIN A GRANDCHILD
By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship to the person from whom he or she claims support; and thirdly, the latter’s ability to...
THE POPI ACT IS ABOUT MORE THAN JUST ADDING NEW RULES
The right to privacy is enshrined in Section 14 of South Africa’s Constitution and we understand it to be a vital human right. It states: “Everyone has the right to privacy, which includes the right not to have – (a) their person or home searched; (b) their...
TAX PAYERS ARE BEING HELD TO A HIGHER STANDARD TO AVOID NEGLIGENT NON-COMPLIANCE
New draft tax and finance regulations have been included in recent South African legislation by President Cyril Ramaphosa. These new regulations include several new administrative and technical issues which need to be taken into consideration by taxpayers. In terms of...
CLAUSES FOR THE BENEFIT OF THIRD PARTIES – STIPULATIO ALTERI
Background: Agreements often include clauses which provide benefits in favour of third parties and in some cases impose obligations on parties who are not signatories to the agreements in question. These clauses are commonly referred to as stipulatio alteri. This...
THE PROS AND CONS OF A TERMINATION FOR CONVENIENCE CLAUSE IN A CONTRACT
Background: When entering into a contract it is important to consider how the parties can go about terminating such contract. It is commonly known that a contract can provide for termination in the event of a breach. It is also possible however, to provide for...
SHEDDING LIGHT ON THE WHATSAPP CONTROVERSY
Most people have heard about the WhatsApp controversy regarding its new privacy policy. According to social media posts that circulated at the beginning of 2021, a new revised WhatsApp privacy policy was going to enable WhatsApp to access all of your private data...
How to deal with a data breach in your business
“My business has suffered a data breach following a successful phishing scam which one of our employees reacted to and so enabled the hacker to gain access and obtain client and business data. We have tried to do what we can to manage the breach, but are unclear about...
How valid is signing an agreement electronically?
“I’ve grown up signing our business contracts with pen on paper. With Covid however, most of my suppliers send me their agreements electronically which I sign by adding a copy of my signature digitally or, in some cases using specific software through which I then add...
Obtaining residency and doing business in Mauritius
Mauritius has long been valued as a jurisdiction with an efficient and effective regulatory framework and a diversified economy focused on the industrial, financial, and tourism sectors. Annual growth has averaged 5-6% over the past 10 years. The country is ranked...