Paul Esselaar's blog

Draft POPI regulations published

The draft POPI regulations have been published and they are certainly interesting. In particular the direct marketing provisions will probably cause some heart attacks among marketers. The regulations require that form 4 be used in order to get a customer to agree to receive direct marketing. 

Edcon found guilty of unlawful charges

The National Consumer Tribunal has released a finding which - essentially - finds that Edcon has been unlawfully charging its customers a fee to belong to its club. This finding is very significant for Edcon who faces the possibility of having to refund customers to the tune of several billion Rand (yes that is 'billion') and the National Credit Regulator is currently looking for Edcon to undergo an indpendent audit to find out exactly how much money Edcon will have to repay to its customers. 

Series Seed Documents published

It is trite that South Africa has been seeking to encourage small investors to start new businesses, but the amount of red tape and difficulty in getting the logistics off the ground can be quite daunting.

Esselaar Attorneys has drafted a set of documents designed for new investors to regulate (and create a standard for) the way in which investors should invest in start-ups. The idea behind this is to set a level playing field which is not weighted in favour of the investor or the start-up, but rather is as fair as possible.

Consent - why it isn't always necessary

A recent article in the attorneys magazine De Rebus argued that consent to process personal information was always required. In this letter to De Rebus Paul Esselaar argues that consent is not always a required and - in some cases - it may be a bad idea to ask for it. Click here for the letter in the April 2015 De Rebus magazine.

Draft NCA Regulations on Affordability Assessments published

The Department of Trade and Industry has published draft regulations on, "Affordability Assessment for the Amendment of
Regulations for matters relating to the functions of the National Consumer Tribunal and Rules for the Conduct of
matters before the National Consumer Tribunal".

Protection of Personal Information Act published

The Protection of Personal Information Act (POPI) No. 4 of 2013 has finanally been published in the Government Gazette. This means that the POPI is now an Act of Parliament (and so a law of South Africa) but no commencement date has been published yet. The commencement date is a short notice in the Government Gazette as which is signed by the President of South Africa. In terms of s114 of POPI all companies will have 1 year after the commencement date to ensure that they comply with the requirements of POPI.

 

No Junk Mail please

In response to a letter in the Cape Times by Keith Gottschalk we indicated that there is a law that governs junk mail in your letterbox, but that the enforcement of the law is the problem at the moment. The full letter (as published in the Cape Times on the 10th January 2013) follows:

Technology the answer to s 129 delivery dilemma

Paul Esselaar was recently (November 2012) published in De Rebus, a magazine for attorneys, on the issue of sending s129 notices by registered letter. For the full article please click  here.

New Interest Rates after transferring loans out of a Juristic entity

Many of you will be aware that in terms of our amended laws of taxation it is cheaper to have your property in your personal name, than in the name of a juristic entity (such as a company or a trust). Specifically there is a much bigger rebate if the property is held in your own name for Capital Gains Tax than if it is held in the name of a juristic entity.

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