Author: Contributor

By Clare-Alice Vertue, Partner, Karl Blom, Partner, Siya Ngcamu, Senior Associate and Sidrah Suliman, Associate from Webber Wentzel It is vital for employees to understand how to conduct themselves during dawn raids or interactions with regulators. Failure to do so may result in significant consequences for the employer. The European Commission recently fined a European company after a senior employee deleted private WhatsApp messages during a dawn raid pertaining to a competition law violation. The WhatsApp chat in question was with a competitor and contained business-related information. This fine illustrates the growing scrutiny on digital communication channels as employees increasingly…

The incidence of gambling in South Africa spans all age groups and with the accessibility of online gambling platforms, gambling is now an activity that can be conducted in-home and anywhere. To understand more about the dynamics of gambling, particularly amongst the youth, infoQuest, a leading South African online research company recently conducted a survey amongst 300 gamblers, 139 of which were younger gamblers (aged 18 – 34 years). The research was conducted during March 2024 and some of the main findings for the younger market are discussed below. Participation in types of gambling activities Online gaming and sports betting…

The Post Office and Postbank have failed to manage the social grants payment system. But the private sector is not an easy fix either. The failures of the Post Office and then Postbank have led to suggestions that the private sector should play a larger role in the payment of social grants. In this article we show that South Africa’s social grants history reveals the dangers of thinking private companies are the easy answer. Fintech companies – old and new – are entering the grants payments space with little oversight, many of them through the promised benefits of ‘financial inclusion’. Read part…

What does 2024 have in store for South Africans? What will the political landscape look like, will our economy strengthen, what about job security,  load shedding and crime? Leading South African online research company, infoQuest, posed these and more questions to 2809 South Africans across all demographic groups and the results are extremely interesting. Expectations for 2024 Political outlook As South Africans await a definite national election date, their outlook on the political situation in 2024 is far from favourable. The state of the country’s leadership and the health of democracy is expected to worsen in 2024. Three in four…

The Standard Operating Procedures (SOPs) for the Investigation, Search, Access or Seizure of Articles in terms of section 26 of the Cybercrimes Act 19 of 2020 (CCA) were published by the Department of Police on 6 October 2023. The CCA creates legal mechanisms to address cybercrime in South Africa. The aim of the SOPs enacted in terms of the CCA is to ensure that investigations conducted by the South African Police Service (SAPS) are compliant with legislation. The SOPs also ensure that the Constitutional rights to privacy and to a fair trial are duly observed and protected during the exercise…

Environmental, Social and Governance (ESG) has transformed from a “nice‑to‑have” buzzword to a “must-have” demonstrable compliance requirement. As such, ESG is now also widely accepted as an important tool for a business to not only achieve or drive impactful sustainable development but also to strive for long-term value creation that strengthens and does not hamper the environment and the broader society in which the business operates. ESG is also geared towards making sure that every business understands and engages with the broader societal concerns of its day-to-day operations, mainly targeted at non-financial metrics.  As ESG continues to grow in importance,…

Cyber security has taken centre stage in South African commerce, and it’s no surprise, given the prevalence of ransomware attacks on businesses in Africa. South African law sets out specific obligations to address these risks if they arise.  The obligation to secure your data The Protection of Personal Information Act (POPIA) imposes specific obligations on businesses to maintain the integrity and confidentiality of the information that they process. This includes taking technical and organisational measures to prevent unlawful access to information in their possession or under their control. These steps include: identifying internal and external risks to their information; implementing…

by Andre van den Berg, Director, Banking and Finance; Zanrie Linstrom, Candidate Attorney; and Pooja Pundit, Candidate Attorney at CMS South Africa The greylisting of South Africa by the Financial Action Task Force (FATF) has not only called into question the country’s ability in combating financial crimes, but also caused reputational damage and highlighted its failure to regulate flows of money through both traditional financial institutions and alternative financial forms such as cryptocurrencies.  Cryptocurrencies have long ignited intense debate and discussion within the financial sphere, including in South Africa, where the realm of crypto regulation remains a work in progress. This intricate…

Ransomware attacks have been rising and it is companies that have a high level of preparedness who are weathering the storm. The Sophos State of Ransomware in South Africa 2023 report found that 78% of South African organisations surveyed had experienced an attack in the preceding year, up from 51% in the 2022 survey. Ransomware attacks introduce malicious software into a company’s systems. “The usual pattern our clients experience is that late on a Friday evening or a Saturday morning, company management is notified by the IT department that the Company has lost access to essential files, and has received a demand…

With the staggering rise of social media scams globally, business executives find themselves increasingly targeted by cybercriminals seeking to exploit their personal and professional lives. WhatsApp, Facebook, and Instagram have become prime platforms for scammers to lure victims into their web of deception.Social media scams have witnessed an alarming surge in recent years. In South Africa and around the world, cybercriminals are exploiting the widespread use of social media platforms to perpetrate their illicit activities. While the most common forms of social media scams involve phishing, fake profiles, and financial fraud, there is a more targeted and insidious threat lurking…