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POPI Regulations on Codes of Conduct in Effect

March 2, 2021

Department of Justice and Constitutional Development

The Information Regulator has announced the commencement dates for Regulations Relating to the Protection of Personal Information.

The Regulations were published in Government Gazette 42110 in December 2018.

The justice and constitutional development department published the Regulations in terms of the Protection of Personal Information Act.

The Regulations were drawn up by the Information Regulator.

The Regulations focus on, inter alia, objection to the processing of personal information, request for correction or deletion of personal information or destruction or deletion of record of personal information, responsibilities of information officers, submission of complaint, settlement of complaints, assessments and informing the parties of developments regarding investigation.

The department published the commencement dates in Gazette 44191.

Regulation 4 on responsibilities of information officers comes into effect on 1 May 2021 and Regulation 5 on application for issuing code of conduct on 1 March 2021.

The residual Regulations will come into force on 1 July 2021.

The Information Regulator also published the Guidelines to Develop Codes of Conduct in terms of Section 65 of the act to be in effect from 1 March 2021.

The Guidelines outline how all the conditions for the lawful processing of personal information are to be applied or complied with by relevant bodies.

Meanwhile, speaking at a press conference on the Draft Land Court Bill, the justice and correctional services minister, Ronald Lamola, declared that “addressing the land question is not only a socio-economic imperative but it is a matter of restoring the nation’s soul”.

Cabinet approved the draft bill last week for tabling in parliament.

According to the cabinet statement, the draft bill seeks to set up a specialist Land Court, “with its judgements, orders and decisions appealable at the proposed specialist Land Court of Appeal”.

The draft bill will also resolve the challenges that were experienced under the Restitution of Land Rights Act “such as backlogs in land claims and dispute resolution mechanisms when disputes arise”.

It will also contribute immensely in the implementation of the Land Reform Programme.

The minister indicated that the draft bill flows from the Inter-Ministerial Committee on Land Reform chaired by deputy president David Mabuza.

The minister pointed out that the draft bill aims to introduce a Land Appeal Court with a “Jurisdiction equal to the Supreme Court of Appeal in relation to matters under its jurisdiction which is a court of record”.

“Ultimately the bill seeks to ensure stronger judicial oversight over claims, and this must lead to better settlements, reduce the scope for corruption and avert the bundling of claims into  dysfunctional mega-claims that lead to conflict”, he said.

The draft bill is not yet available.