In this case, State v Ndiki and others, the court ruled that computer-generated evidence labelled as hearsay under the Law of Evidence Amendment Act 45 of 1988 (LEAA) could be admitted under specific provisions of the Act. Evidence based solely […]
In the Casino Enterprise v Gauteng Gambling Board case, the court ruled that Gauteng's gambling laws governed the activities of the Swaziland online casino. As a result, the company had to comply with these rules and obtain the necessary permissions. This [...]
In Firstrand Bank Ltd t/a Wesbank v Leon Gregory Govender, Wesbank successfully sued its client for the breach of an electronic contract. Who should care about this judgment and why? Anyone who uses and enters into electronic contracts. What could [...]
In Blind SA v Minister of Trade, the Constitutional Court declared sections of the Copyright Act unconstitutional. People with visual and print disabilities can now access published works in accessible formats like braille, audio and DAISY (Digital Accessible Information System). [...]
As the saying goes, "March comes in like a lion and goes out like a lamb". Regarding GDPR enforcement actions collated in March 2023, the lion has roared. Recent enforcement actions related to the General Data Protection Regulation (GDPR) in [...]
The main legal issue involved the court determining whether the investment company (PSG Wealth Financial Planning) had a contractual obligation to protect their client (Gerber) against financial losses caused by cybercrime, specifically when a fraudster hacked the client's email and [...]
In Safi v Gascoigne, Safi sued Gascoigne Randon and Associates, a conveyancing firm, for a loss of R889,308.50 from a business email compromise (BEC). Who should care about this judgment and why? The public because they need to be aware [...]
In Hawarden v Edward Nathan Sonnenbergs (ENS), Hawarden succeeded in suing ENS for the loss of R5.5 million because of a Business Email Compromise (BEC). Hawarden was ENS' client. The court said that ENS owed a general duty of care [...]
In Buchler v Minister of SAPS, Buchler succeeded in having two search and seizure warrants set aside. SAPS and the Hawks seized materials from Buchler's place of business, an internet café. The police believed that Buchler was using the materials [...]
In Firstrand Bank v Briedenhann, the court held that (as a rule) the law does not allow virtual commissioning - a commissioner of oaths should only commission an affidavit by a deponent if the deponent, the document and their signature [...]
In Smuts v Botha, the Supreme Court of Appeal (SCA) overturned a High Court judgment which ordered Smuts to take down parts of a Facebook post containing Botha's personal information. The SCA held that the information that Smuts published could […]
In Botha v Smuts, the court ordered Smuts to take down parts of a Facebook post containing Botha's personal information. The post had an image of Botha with his minor child, details about his business and his address. The court [...]
