What does the new Cybercrimes Act 2020 cover? We wrote recently about the Protection of Personal Information Act (POPIA). The need for such privacy legislation came about because of the explosion in electronic storage of personal information over the past two decades. Historically, personal information was held mostly by financial services companies, in paper records. […]
Family finds closure after 17 year battle to get justice for their slain daughter Reprinted from the Cape Argus, by Mwangi Githahu – 2022-01-17 Cape Town – A Pietermaritzburg family whose daughter was killed in 2005 say they have finally gained closure after two Western Cape High Court judges last week upheld the killer’s 15-year […]
POPIA – why you should care The Protection of Personal Information Act (POPIA) was enacted on 1 July 2020, but only became fully enforceable on 1 July 2021. Businesses enjoyed a 12-month grace period to comply with all the requirements. Since 1 July 2021 significant penalties for non-compliance have been in place. However, we are […]
As we currently observe 16 Days of Activism for No Violence Against Women and Children, this article from the UK’s Guardian newspaper gives voice to the experience of a child raised in a home where domestic violence was a frequent and unwelcome guest. Although the author was not the direct victim of the abuse – […]
Civil society organisations’ lawsuit argues the country’s energy policy is incompatible with the constitution The recent upsurge in load shedding is proof – if proof were needed – of South Africa’s shortage of electricity generating capacity. One breakdown anywhere in the fragile system and the lights go off. So the need for additional power stations […]
SD Law takes pride in upholding our Constitution and defending our constitutional rights. We have written on numerous occasions about the different ways the values of our Constitution are applied to daily life in South Africa. We oppose any form of discrimination or human rights abuses and we welcome this announcement from Justice and Constitutional […]
Trust-to-trust: Is a trust an option to ring-fence a maintenance obligation upon divorce? Reprinted from iol.co.za, by Phia van der Spuy – 2021-11-04 A trust has various uses. A trust is a useful tool to utilise in a divorce settlement whereby a divorce settlement can be transferred into a trust and be applied for the […]
Nurses hesitant to vaccinate children without parental consent, saying ‘They’re way too young’ Although there are some who are unsure about whether or not to receive the COVID-19 vaccine, data shows that vaccination against the disease reduces the risk of becoming seriously ill if one is infected. Furthermore, while the vaccine does not guarantee 100% […]
A temporary lapse in making payments does not justify repossessing a vehicle A recent judgment in the Western Cape High Court brings the values of our Constitution to the realm of consumer credit agreements. The law, and constitutional law in particular, can seem lofty and dense at times. The provisions of the Bill of Rights […]
Reprinted from Moneyweb, by Liezl Human (GroundUp) – 2021-10-01 Housing activist groups have condemned the Unlawful Occupations By-law which was passed by the City of Cape Town on Wednesday, saying that it will criminalise people in need of housing and those living in shacks. An amended Streets, Public Places and Prevention of Noise Nuisances By-law […]
Is mandatory vaccination constitutional? Are you vaccinated against COVID-19? While we all long for the national state of disaster to finally be lifted and life to get back to normal, and vaccines are the only viable way for that to happen without a long wait for the virus to exhaust itself, many people still have […]
Navigating co-parenting decision-making for major decisions When a married couple with a child or children divorces, they may both hold parental responsibilities and rights for their child. In many circumstances, they may each act without the consent of the other. This often happens when the child’s primary residence is with one parent, who is then […]
