The information regulator issued a DoJ infringement notice to the Department of Justice where it fined the DoJ R5 million. In May 2023, the regulator issued the DoJ with an enforcement notice outlining a list of remedial actions the DoJ must take within a stipulated timeframe. The regulator ordered the DoJ to renew their antivirus software license within 31 days. This means that the DoJ did not comply with the conditions of the enforcement notice. The DoJ has taken the matter on review.

Regulator’s decision and reasoning

The consequences for non-compliance with the enforcement order was clear. If the DoJ did not comply they would be guilty of an offence, and the regulator may impose an administrative fine of up to R10 million.

The regulator found that the DoJ did not comply with some of the conditions of the enforcement notice issued to them on 9 May 2023. For example, the regulator ordered the DoJ to submit proof that the DoJ renewed their Anti-Virus licence, the SIEM licence and the Intrusion Detection System licence. The regulator also required the DoJ to institute disciplinary proceedings against the officials who failed to renew the licences. The regulator gave the DoJ 31 days to comply with these orders, but the DoJ failed to do so. The DoJ could have appealed against the enforcement notice, but they did not do so.

Infringement notice order

The DoJ had a few options available to them:

  • Pay the fine within 30 days
  • Make a payment arrangement with the regulator to pay the administrative fine in instalments, or
  • Take the matter to court.

The DoJ has decided to take the matter on review to the High Court.

Lessons you can learn

The DoJ could have avoided an administrative fine by simply complying with the orders in the enforcement notice. If they did not agree with the regulator’s decision, they can lodged an appeal but they did not so do. Lastly, if the DoJ could not comply with the license renewals timeously, they could have asked the regulator for an extension by supplying the regulator with reasons.

Actions you can take

  • Understand the consequences of an infringement notice by reading our post about it.
  • Get up to speed by understanding why the DoJ received an enforcement notice from the regulator.
  • Be updated about the latest developments on fines by joining our data protection programme.