The achilles heel in POPI compliance: Third-party interactions

Njeri Wagacha talks to Catherine Igathe

Njeri Wagacha talks to Catherine Igathe, Managing Director and Founder of Ortus Solutions Group Ltd.

When does the proverbial clock begin to tick under section 7(1) of PAJA?

A ruling was made by the Constitutional Court at the end of last year in Sasol Chevron Holdings Limited v Commissioner for the South African Revenue Services ZACC30, confirming that the 180-day period afforded by section 7(1) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) starts running from the date that reasons for the decision are provided with sufficient detail to allow the offended party to file an objection against the decision. A party’s request for more detailed reasons does not afford that party room to argue that the 180-day period only starts running once those more detailed reasons are provided.

A prudent question is one half of wisdom: The consequences of business email compromise on individuals | Part 2

Modern day technology has afforded people the luxury of convenience. However, with this increased convenience has come an upsurge in cybercrime attacks against law firms, banks, individuals and other institutions. The most common forms of attack are ransomware attacks, hacking and phishing scams. In the first part of this alert, titled A prudent question is one half of wisdom: The consequences of business email compromise on banks and attorneys , we discussed the case of Hartog v Daly and Others (A5012/2022) ZAGPJHC 40; 2 All SA 156 (GJ) (24 January 2023), in which an attorney fell victim to fraudsters who intercepted email communication and provided false banking details. This resulted in the attorney making payment into a fraudulent account without further questioning the change in the details, leading to a claim against him by the rightful recipients of the funds, which claim was upheld by a full court. In this article, we discuss the case of Edward Nathan Sonnenberg Inc v Hawarden (Case no 421/23) ZASCA 90 (10 June 2024), in which the Supreme Court of Appeal (SCA) considered the liability of a law firm in respect of a claim for pure economic loss caused by an alleged negligent omission.

Finally, some white smoke: An analysis of the recent Supreme Court of Kenya’s decision on the Finance Act, 2023

Over the last year or so, the Kenyan tax environment has been uncertain, not only because of protests and/or demonstrations that resulted in the withdrawal of the Finance Bill, 2024, but a myriad of court cases challenging the constitutionality of the Finance Act,2023. 

Trading floor to boardroom door: The strategic power of delisting

South African stock markets are experiencing lower levels of liquidity, particularly in small- and medium-cap companies, due to a trend by institutional and other significant investors towards investment in larger, more liquid companies, driven in part by a growth in exchange traded funds, whose index spread mitigates risk for investors. Ultimately small- to medium-cap listed companies are perhaps becoming less relevant in the investor universe and are finding it more difficult to attract and raise equity capital through the public markets.

Health and Safety in the Workplace: Occupational Health and Safety Act (OHSA) - Pending Amendments