case law

“Fraudulent” access to an IT system containing unprotected public data

Is it an offence to access data that is freely available on the Internet? Many of us would think that it isn’t if the data is accessible to the public. Can a person use public data (that may include public [...]

Standard Bank v Dlamini | Victory for plain language and consumer protection

On 23 October 2012 Justice Dhaya Pillay handed down a judgment in the Durban High Court, which might prove to be a victory in the war against legalese and unfair contract terms. One of the biggest questions was whether Mr [...]

By |2022-12-20T13:14:04+02:00February 27th, 2013|Categories: Plain Language|Tags: , , , |

Dutch Reformed Church Vergesig v Sooknunan

In Dutch Reformed Church Vergesig v Sooknunan, the Court ordered Sooknunan, the owner and publisher of a Facebook page, to remove certain posts as they were unlawful in content and impact. The Court held that people posting the Church members' […]

Makhanya v Vodacom Service Provider Company

In Makhanya v Vodacom Service Provider Company the Court ruled that callers making unsolicited calls from a private number were a violation of Makhanya's right to privacy. The judgment impacts the Promotion of Access to Information Act (PAIA) and a [...]

Altech v ICASA | No leave to appeal

Press release from Altech: 31 October 2008 Altech announced today that it has been successful in opposing the Minister of Communications, Ivy Matsepe-Casaburri, in her application for Leave to Appeal against the Independent Communications Authority of South Africa (ICASA) / [...]

By |2022-02-20T19:50:56+02:00October 31st, 2008|Categories: Electronic Communications Law|Tags: , , , |

Altech v ICASA | VANS self provision

In the matter of Altech Autopage Cellular (Pty) Ltd v The Chairperson of the Council of the Independent Communications Authority of South Africa & Others ("the Altech Case") the Transvaal Provincial Division of the High Court of South Africa appears [...]

By |2021-07-22T09:58:56+02:00September 1st, 2008|Categories: Electronic Communications Law|Tags: , , |

Jafta v Ezemvelo KZN Wildlife | Contracting by Email and SMS

The Labour Court (in Jafta v Ezemvelo KZN Wildlife (D204/07) ZALC 84 (1 July 2008)) has recently confirmed that you can conclude a contract by email and SMS. You can contract electronically. This is not really anything new. Since the [...]

National Media Ltd v Jooste

In National Media Ltd v Jooste, a magazine published an article about Jooste and her child without Jooste's consent. The Court held that a child's personal information was also a guardian's personal information. The Court also held that a person […]