You need to know about and possibly take action when the courts hand down POPIA judgments or POPIA cases. It is a critical part of ensuring that your organisation complies with data protection law. POPIA is a principle-based law, and our courts apply the principles to real-world scenarios or activities. But how are you supposed to monitor all judgments on an ongoing basis to find the relevant ones, read them to understand what the latest POPIA judgments deal with, and decide what action you might need to take in response to them? Impossible? Don’t worry, we do this for you.
We continually monitor and provide a plain-language summaries of all POPIA judgments or POPIA cases. Our summaries highlight what action you might need to take in response. We summarise any judgment that applies to POPIA. We do all the hard work for you to save you time.
What POPIA judgments or cases?
Essentially, we monitor and summarise any judgments that apply to the Protection of Personal Information Act http://www.popia.co.za (POPIA judgments). We also monitor and summarise data privacy judgments or cases in a South African context. Privacy is a broad topic and includes various aspects like data privacy, the privacy of communications, bodily privacy, and surveillance. We focus on data privacy judgments but will include others if they are relevant.
Judgment summaries
Only some of the judgment summaries are linked below. To read all previous judgment summaries and be alerted to future ones, join the Michalsons data protection programme. If you are a member and you are logged in, you will be able to view the public as well as the “Members only” judgments.
February 2025
De Jager v Netcare | Surveillance Evidence and POPIA
The High Court considered whether surveillance evidence collected without consent [...]
August 2024
Munetsi v Madhuyu | Disclosure of personal information
Munetsi v Madhuyu and Another involves the disclosure of personal [...]
January 2023
Hawarden v Edward Nathan Sonnenbergs (ENS) | BEC
In Hawarden v Edward Nathan Sonnenbergs (ENS), Hawarden succeeded in [...]
June 2021
Botha v Smuts (High Court decision) | Freedom of expression
In Botha v Smuts, the court ordered Smuts to take [...]
April 2020
Discovery vs Liberty judgment | Data ownership
The Discovery vs Liberty judgment adds weight to the [...]
September 2018
Black Sash Trust v Minister of Social Development
In Black Sash Trust v Minister of Social Development, [...]
March 1996
Bernstein v Bester
In Bernstein v Bester, the court gave an interpretation of [...]
February 1993
Financial Mail v Sage Holdings
In Financial Mail (Pty) Ltd v Sage Holdings Ltd, the [...]