Regulatory Compliance

Justice Committee will vote on PoPI on 5 September

I received a copy of the 9th draft of PoPI this morning. Apparently the justice committee will cast their final vote tomorrow (5 September 2012). There have been changes to the Bill (some fundamental some not).

I expect to have more news by the end of the week.

For how long will Ebrahim Mohammed be acting commissioner?

I came across this article in the Citizen about Mr Mohammed's appointment. The bottom line is that Sidwell Medupe (the DTI spokesman) said that 'Mohammed will act with full powers granted to post until such time as the ‘‘processes’’ involved in securing a permanent candidate to full post has been completed' and that they are not sure how long the short-listing and interview process will take.

Ebrahim Mohamed is the new 'acting' consumer commissioner

The Department of Trade and Industry has announced this morning that Ebrahim Mohamed will have the task of righting the ship at the National Consumer Commission. Mr Mohamed has been appointed as the acting national consumer commissioner. Whether he will be able to turn things around remains to be seen, but it seems that we have seen the back of Mohlala-Mulaudzi and the personality clashes which seemed to dominate her stint has commissioner.

Mr Mohamed was the deputy national commissioner. I assume that this appointment is temporary.

Protection of Personal Information Bill: Portfolio Committee met yesterday

The Committee met on the 28th, but word is that they did not finish their deliberations. It is expected that they will vote on the Bill next week (the week of the 3rd of September) once a new draft has been prepared. The Bill will then be sent to the National Assembly for a final vote after which it will make its way to the National Council of Provinces for approval.

Once enacted, the Bill gives companies a year to comply with its provisions.

Constitutional Court considers whether unregistered credit providers can reclaim loans

The Constitutional Court has been asked to consider the constitutionality of s 89(5)(c)(i) and s 89(5)(c)(ii) which provides that an unregistered credit provider looses the right to collect on loans. This right either gets 'cancelled' or is forfeited to the state.

It appears likely that if the court finds that the section is unconstitutional, the order will be suspended to allow parliament time to revisit the section.

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