On 6 April 2020, the Independent Communications Authority of South Africa (“ICASA”) published the Information and Communications Technology (“ICT”) COVID-19 National Disaster Regulations (the "Regulations"). The stated purpose of the Regulations is to prescribe the minimum standards to which all licensee (electronic communication services and broadcasting services) must adhere for the duration of the National State of Disaster ...
Given the fact that many countries are under some form of lockdown as a result of the Coronavirus (COVID-19) pandemic, organisations that are able to do so, are now working remotely, with video conferencing platforms enabling people to have virtual meetings just like they were face to face. However, there are growing privacy concerns over the use of these platforms, with some in the spotlight for sharing data with Facebook ...
On Monday, 30 March 2020, the Financial Sector Conduct Authority (“FSCA”) issued a general communication to financial institutions relating to the impact of the coronavirus (COVID-19) on financial institutions and their customers. The circular sets out at a high level the expectations of the FSCA relating to the culture and responsibilities of financial institutions during the crisis. It does not have the force of law ...
The regulations published on 18 March 2020 in terms of the Disaster Management Act, 2002 (the “Act”) have been amended to regulate the lockdown announced by President Ramaphosa on 23 March 2020. A new chapter 2 specifically dealing with the lockdown has been inserted into the regulations. We summarise below the most significant provisions contained in chapter 2 ...
On 23 March 2020, South African President Ramaphosa announced a nationwide lockdown for 21 days with effect from midnight on Thursday, 26 March 2020 as part of government’s integrated measures to prevent and contain the spread of the coronavirus (COVID-19). The nationwide lockdown will have a cascading effect on the operations of many South African businesses, courts and the regulators (including the Broad-Based Black Economic Empowerment (“B-BBEE”) Commission) ...
The Coronavirus (COVID-19) pandemic, which has disrupted lives and continues to wreak havoc on the global economy, has seen a sudden and dramatic shift in the way we live. Previously, uncommon concepts and practices such as social distancing, lockdown, quarantine and self-isolation have now rapidly become part of our daily parlance. Unsurprisingly, in view of the swift rise of death rates associated with the pandemic, many people are being reminded of their own mortality ...
Following the issuing of what has colloquially been called the “Lockdown Regulations” to reduce the impact of the coronavirus (COVID-19) in South Africa, there has been a hasty scramble for essential services to comply with the provisions of the Regulations and to register on the Essential Services Portal ...
On 31 March 2020, the Department of Environment, Forestry and Fisheries (“DEFF”) published directions (the “Directions”) under the National Disaster Management Act, 2002, to reduce the impact of the coronavirus (COVID-19). The purpose of the Directions is to ensure fair processes with respect to certain environmental laws, as a result of the restrictions placed on the movement of people during the lockdown period ...
On Monday, 23 March 2020, President Cyril Ramaphosa announced a 21-day national lockdown in response to the coronavirus (COVID-19) pandemic, in terms of the Disaster Management Act, 2002. The lockdown will result in all employees (except those performing “essential services”) being confined to their residences and, as a result, being unable to tender services in the “normal” course ...
The trade mark laws of the world are, by and large, fairly well harmonised, or at least well on their way to becoming so. Which makes perfect sense in an era where multinational companies operate in a global village – a multinational should ideally get the same protection for its brand in all the countries where it operates. It is for this reason that South African trade mark law offers the same sort of protection to trade mark owners that many other countries offer ...
In a press release today, 17 March 2020, the Department of Employment and Labour (the “Department”) appealed to employers to use the prescriptions of the Occupational Health and Safety Act, 1993 in governing workplaces in relation to the Coronavirus (COVID-19). The Department has implored employers to prepare themselves and their employees as far in advance as possible for potentially worsening outbreak conditions ...
The Emergency Regulations published under the National Disaster Management Act, 2002 to reduce the impact of the coronavirus (COVID-19) were understandably, under the circumstances, published in a hurry with a number of scenarios not being thought of and being left to interpretation. One of those is sectional title living ...
On Monday, 23 March 2020, the President of South Africa announced a 21-day nationwide lockdown, with effect from midnight on Thursday, 26 March 2020. In brief, all persons in South Africa are prohibited from leaving their homes for the 21-day period, except if specifically exempted to perform an essential service (health care professionals, food distributors etc ...
Like many other countries worldwide, South Africa went into a 21-day national lockdown on 27 March, in an effort to help slow down the spread of the Coronavirus (COVID-19). The lockdown has already had a devastating impact on the economy and on employment in a country that was already in recession. This has already been felt by many in their pockets ...
Now that South Africa is under lockdown for the next 21 days, as part of an organisation’s business continuity efforts, businesses will, to the extent possible, continue to run remotely. Two common legal issues that arise from remote working are: the electronic signing of agreements and instructions; and whether meetings can take place using technological means. In this article, we touch on both issues ...
At their core, the Regulations in terms of the Disaster Management Act, 2002 issued and brought into operation yesterday, 18 March 2020, outline the responsibilities of all government departments, the release and allocation of resources, and the conditions under which liquor industry may function. In the wake of the coronavirus (COVID-19) epidemic being declared a national state of disaster, the Regulations are intended to contain the spread of the virus ...
Background Other than hand sanitizer manufacturers, private hospitals and the like which stand to profit from the coronavirus (COVID-19) disaster unfolding, the vast majority of South African companies fall into two groups: those that are hemorrhaging but will ultimately survive, and those who will not ...
With the outbreak of the coronavirus (COVID-19), many businesses have taken the decision to request that employees work from home. To work from home, employees will either be using their own personal devices or company-issued equipment to either access the company network remotely or to transmit data and information through their own personal network. There are a few inherent information security risks that are posed by these arrangements ...
President Cyril Ramaphosa, in his address to the nation on Sunday, 15 March 2020, declared a national state of disaster and introduced a numberof measures to curb the spread of the new Coronavirus (COVID-19). As of 19 March 2020, South Africa has recorded 150 confirmed cases of COVID-19 ...
On 9 April 2020, in light of the amendments to the coronavirus (COVID-19) TERS Directives, the Unemployment Insurance Fund (“UIF”) released four new memoranda of agreement (“MOAs”) to be used when employers apply for the COVID-19 Temporary Relief Scheme (“TERS”). It has also issued a revised application procedure. A MOA records the terms and conditions for the implementation of the TERS by the UIF and any employer who submits a claim under the TERS ...
In stark contrast to earlier media reports as to what would constitute “essential services”, the Regulations published in terms of the impending coronavirus (COVID-19) lockdown are far from clear and explicit when it comes to ICT, including datacentres, fibre optic infrastructure, towers and antennae ...
On 23 March 2020, the President of South Africa issued a statement informing the public that a nationwide lockdown would be enacted in terms of the Disaster Management Act, 2002. The lockdown commenced at midnight yesterday, 26 March 2020, and is set to end at midnight on Thursday, 16 April 2020 ...