Exemption clauses: Liability for theft committed in the ordinary course of employment

In a recent decision of the Constitutional Court in Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited [2023] ZACC 20, the court had to consider exemption clauses in light of an employee stealing a consignment of laptops and accessories. The two main issues before the court were: 1) whether an exemption clause … Continue reading Exemption clauses: Liability for theft committed in the ordinary course of employment

Business e-mail compromise

Business email compromise (“BEC”) is a frequent occurrence in the modern digital world. BEC is a type of cybercrime which typically involves criminals unlawfully accessing an e-mail account to deceive someone into sending money to the wrong person, or divulging some confidential information.[1] The perpetrator usually pretends to be a trusted figure (such as a … Continue reading Business e-mail compromise

Cyber-crime through business e-mail compromise: Hawarden v Edward Nathan Sonnenbergs Inc

The Johannesburg High Court handed down judgment on 16 January 2023 in a cyber-crime matter involving hacked e-mails and fraudulently altered bank details where R5.5 million Rand was stolen by fraudsters. This begs the question:- Who should carry the loss? The person who was responsible for the payment? The person hacked? In addition, what further … Continue reading Cyber-crime through business e-mail compromise: Hawarden v Edward Nathan Sonnenbergs Inc

Protection of Personal Information Act (POPI or POPIA) to commence on 1 July 2020

The Presidency has announced that most of the Protection of Personal Information Act will commence on 1 July 2020. These are the essential parts of the legislation that deal with how personal information should be processed (the eight key conditions for processing personal information – based on international best standards),unsolicited electronic marketing, codes of conduct, and … Continue reading Protection of Personal Information Act (POPI or POPIA) to commence on 1 July 2020

Can the South African Government monitor your whereabouts during the COVID-19 pandemic?

In short: Yes, if you are known to have contracted COVID-19, or reasonably suspected to have contracted COVID-19. In a state of disaster, in these unprecedented times, these measures are both lawful and reasonable for the reasons set out below. On 2 April 2020, amended regulations in terms of the Disaster Management Act were published in … Continue reading Can the South African Government monitor your whereabouts during the COVID-19 pandemic?

Urgent action required if you have a South African domain

Yesterday on 26 March 2020, the Minister of Communications and Digital Technologies issued further regulations in terms of the Disaster Management Act (Gazette No. 43164 of 26 March 2020). If you operate a website in South Africa and it has a top level .za domain (.co.za or .ac.za or .org.za) you must link to www.sacoronavirus.co.za on your … Continue reading Urgent action required if you have a South African domain

What to do if you are a small business owner affected by the Covid-19 pandemic

These are unprecedented times – most business owners will feel the pinch, particularly those in the events, wedding, tourism, restaurant and entertainment industry. Holistically, be proactive with any legal obligations; and as hard as it may be, try to stay calm and focused on keeping your business afloat. Like any disaster or pandemic, it will pass. … Continue reading What to do if you are a small business owner affected by the Covid-19 pandemic

Hate Speech – an overview of the current legal position and discussion on the Old South African Flag case

The preamble to South Africa’s Constitution defines the nation as one that is united in diversity – it further sets out the basis for a non-racial democracy. Given South Africa’s traumatic and racist history, the new constitutional dispensation is based on values of freedom, equality, and dignity. The preamble reads in full as follows: We, the people … Continue reading Hate Speech – an overview of the current legal position and discussion on the Old South African Flag case

Electronic evidence – a necessity in almost every legal dispute

Independent Online reported this week that a child abuse case involving a Durban mother has been provisionally struck from the roll. The case cannot continue until evidence from the mobile phone which captured footage of the alleged events has been returned to the court from the SAPS cybercrime unit in Pretoria. This is a puzzling and … Continue reading Electronic evidence – a necessity in almost every legal dispute