South Africa: Compliance

A recent South African court judgment has raised fundamental questions about when lead generation and referral arrangements in financial services cross the line into regulated intermediary activity. The case examined whether performance-based remuneration structures and marketing activities linked to insurance policy conclusions trigger licensing requirements under FAIS, with significant implications for enforceability.

The South African Revenue Service has launched a modernised Diesel Refund System on eFiling, fundamentally changing how businesses register for and manage diesel refund claims. This digital transformation introduces a standalone platform that replaces the VAT-linked model, requiring all existing users to reregister and establish electronic supplier relationships. The transition will occur in phases, with standalone claims functionality expected in 2027 while the current system continues operating in paralle

A KwaZulu-Natal High Court judgment dismisses an aspiring legal practitioner's application for leave to appeal after she was found to have made deliberate false statements and material non-disclosures under oath during her admission application. The court's decision reinforces the profession's unwavering standards for honesty and integrity, distinguishing between negligent omissions and deliberate dishonesty in the admission process.

As artificial intelligence becomes increasingly embedded in South African workplaces, a critical gap has emerged: while the majority of employees are actively using generative AI tools...

Two European Commission rulings demonstrate that dominant firms face competition law risks not only from pricing and supply practices, but also from misleading statements about competitors' products. These cases raise important questions about whether similar conduct could constitute exclusionary abuse under South African competition law, particularly section 8(1)(c) of the Competition Act.

The Competition Commission of South Africa has published Draft Guidelines on Repair, Service, and Maintenance Aftermarkets that extend beyond automotive to cover electronics, appliances, medical equipment and other durable goods. The framework addresses how original equipment manufacturers may restrict competition by limiting independent service providers' access to spare parts, repair information, diagnostic tools and technical support. Market participants have until September 2026 to submit comments on th

As financial institutions increasingly rely on cloud computing, SaaS platforms, and AI technologies, technology contracts are evolving from simple commercial documents into critical operational resilience tools. The European Union's Digital Operational Resilience Act (DORA) exemplifies this shift, offering valuable insights for African financial institutions on how contractual mechanisms can actively support cybersecurity, business continuity, and third-party risk management in an interconnected technology

South African data protection law requires organisations to notify regulators and affected individuals when personal information is accessed or acquired by unauthorised persons, but what exactly constitutes "access," "acquisition," or "reasonable grounds to believe" a breach has occurred? This analysis examines these undefined legal concepts through the lens of established cybersecurity frameworks and digital forensics practices, exploring how they apply to modern cyber-attacks and automated tools in the co

South Africa's Information Regulator issued an enforcement notice against the Gauteng Department of Health for failing to disclose records requested under PAIA, linked to investigations...