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Get the King III Report and Code

Friday, November 20th, 2009

The Report for Corporate Governance for South Africa and the Code of Governance Principles (King III or King 3) were released on 1 September 2009. A draft of King III was previously published for comment.  The comments have been considered and any changes that were considered necessary have been made. King III ...

What must your organisation comply with?

Thursday, November 19th, 2009

Organisations must comply with all applicable laws (including ICT laws).  So for example, you must comply with RICA.  COBIT however is not a law and therefore you do not have to comply with it. Organisations should consider adhering to rules, codes and standards (including ICT rules, codes and standards). There is an ...

Alternative Dispute Resolution clause

Thursday, November 19th, 2009

In a previous article we wrote about how the draft King Report recommended that an alternative dispute resolution (ADR) clause be incorporated in all contracts.  They recommended a clause, which we then converted into plain language.  We were delighted to hear that the King committee accepted our plain language version ...

The link between the governance principles in King III and the law

Monday, November 16th, 2009

Let us quickly explore link between governance principles (IT and others) and the law (ICT laws, email laws and others).  There is always a link between good governance and compliance with the law. However, the governance principles contained in King III are not law.  King III is not ...

ICT laws, rules, codes and standards

Wednesday, November 11th, 2009

This is a list of some of the laws, rules, codes and standards in South Africa that relate to ICT. Laws directly related to ICT - must comply Electronic Communications and Transactions Act (ECT Act) 25 of 2002 - View | Guide Promotion of Access to Information Act (PAI Act) 2 of 2000 ...

Are you aware of applicable ICT laws?

Thursday, October 1st, 2009

King III has confirmed what we have always known.  Companies  must comply with all applicable IT (or ICT) laws.  Due to the pervasiveness of ICT in business today this obligation has become all the more relevant.  This applies equally to any other organisation, government body, or entity.  This is nothing ...

Corporate Governance: Index (Part 2)

Thursday, September 10th, 2009

This is an index of some legal resources related to the broad concept of corporate governance, which includes fairness, accountability, responsibility, transparency, and risk management: [Constitutional Court] Sidumo v Rustenburg Platinum Mines Ltd (GF 6778) [Navsa AJ et al, 5.10.2007] [2007] 12 BLLR 1097; 2008 (2) BCLR 158; (2007) 28 ILJ 2405; [2007] ...

The Companies Act and ICT

Sunday, June 21st, 2009

The new Companies Act 71 of  2008 ("the Act") has been signed into law and addresses various aspects not adequately dealt with in the 1973 Act, including the use of: information in electronic form; electronic communications; and technology. The new Companies Act enables you to use technology and the electronic form of information and ...

IT Governance in King III

Thursday, May 21st, 2009

It is interesting that IT governance is dealt with in various parts of the draft of King III. Please note that King III is still in draft form and it is likely that the IT governance aspects of King III will change significantly before it is finalised. It is first mentioned ...

Parliament has gone mad?

Monday, April 20th, 2009

The South African parliament has gone into overdrive.  It is creating law faster than ever before.  I feel like I can't keep up - and I'm a lawyer.  I feel overwhelmed.  It takes a lot of time to read new laws and the cost of complying with them is often ...