Michalsons Plus

Kudung CPA enforcement action | Criminal prosecution

In August 2025, South Africa’s Information Regulator issued an enforcement notice against the Kudung Communal Property Association (Kudung CPA) for failing to provide access to requested records under the Promotion of Access to Information Act (PAIA). After Kudung CPA ignored […]

Intengo Imoto v Zoutpansberg Motor Wholesalers | EFT fraud and BECs

In Intengo Imoto v Zoutpansberg Motor Wholesalers, the Supreme Court of Appeal held that a purchaser (debtor) who falls victim to EFT fraud through email interception, paying into a fraudulent bank account, has not discharged its payment obligation to the […]

JSE enforcement action | Access to share trading information

The Information Regulator has issued a PAIA enforcement notice against the Johannesburg Stock Exchange (JSE) after it refused to grant access to share trading records. This JSE enforcement action requires the JSE to notify affected third parties and reconsider whether […]

Department of Basic Education enforcement action | Consent

The Information Regulator argues that it is unlawful for the Department of Basic Education (DBE) to publish matric results in newspapers using a learner's exam number without consent. The regulator issued an enforcement notice to the DBE and then fined […]

Lessons to learn from the Information Regulator priotities

Understanding the Information Regulator's priorities is no longer just good practice; it's essential to avoid enforcement action. Having attended the Regulator's recent stakeholder breakfast, we can distil the key lessons and confirmed changes that will shape the compliance landscape in […]

RTMC enforcement action | PAIA criminal prosecution

The Information Regulator took enforcement action against the RTMC after the Organisation Undoing Tax Abuse (OUTA) requested access to records that the RTMC refused to release. The regulator issued an enforcement notice setting aside RTMC’s decision, but RTMC did not […]

Truecaller enforcement action | Caller ID & spam blocking

The Information Regulator (Regulator) is investigating Truecaller. Data subjects complained about how, among other things, Truecaller processes personal information. There is currently no enforcement notice against Truecaller, but the investigation signals a shift. Data subjects in South Africa are actively […]

Inzalo v Chief Albert Luthuli Municipality | Data ownership

In Inzalo v Chief Albert Luthuli Municipality, the court examined disputes over public procurement, contractual obligations, and alleged unlawful enrichment in the context of data ownership. This case offers a key lesson that you must be able to analyse and […]

Ask the Regulators: Support for PAIA compliance, e-Services and BizPortal

Today, the South African information regulator held a webinar called "Ask the Regulator". The purpose of the webinar was to allow participants to ask the regulator questions and for the regulator to encourage and support them in complying with POPIA […]

State Security Agency (SSA) enforcement action | ANA expenditure

The Information Regulator issued an enforcement notice to the State Security Agency (SSA) regarding a PAIA record request. The SSA had refused to provide the information to the requester. This refusal prompted the Regulator to investigate and issue the SSA […]

State v Ndiki and others | Electronic evidence

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 […]

Smuts v Botha (SCA decision) | Freedom of expression

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 […]