Latest news with #ProtectionofPersonalInformationAct
IOL News
4 days ago
- Politics
- IOL News
Lesufi's government undermines the role of opposition by withholding information
Panyaza Lesufi The Gauteng Premier, Panyaza Lesufi, has refused the request for access to the records requested, says the writer. Image: Oupa Mokoena Independent Newspapers The Democratic Alliance (DA) Gauteng, the official opposition in the province, is committed to safeguarding South Africa's constitutional democracy, the principles and values espoused in the founding document. Nonetheless, our efforts as the opposition to conduct oversight over the elected executive are increasingly thwarted. The growing barriers to effective and meaningful conduct oversight are deliberate withholding and denial of crucial information, procedural delays and protracted legal battles that severely undermine our oversight role. The affected areas are irregular procurement and contract management, unlawful appointments, and the lack of consequence management due to not enforcing recommendations from disciplinary action. The Constitution of the Republic of South Africa explicitly highlights the separation of powers among the legislature, executive and judiciary, establishing much-needed mechanisms for effective oversight, a fundamental pillar of good governance. In a healthy democracy, transparency and accountability are important principles. Laws regulating access to information are put in place to ensure that the public has access to the decision-making processes of those in power to hold them accountable for their actions. There has been a growing reluctance or outright refusal by the governing party and those in leadership to provide vital information to enable effective scrutiny. Effective legislative oversight relies heavily on access to accurate, timely and complete information. The legislature's ability to scrutinise government actions, expenditure, and hold public officials accountable centres on this access. When the executive withholds information, be it through vague, sub-par or incomplete responses to questions in the house, dismissing Promotion of Access to Information Act (PAIA) requests, or invoking the Protection of Personal Information Act (POPIA) to shield data, our capacity as opposition to fulfil this oversight mandate diminishes. This casts a shadow on the executive promise of good governance and fulfilling their mandate. This increase in information withholding has profound implications. Without transparency, there is no way to verify whether departments are acting in the best interests of the public or if resources are being misappropriated. This lack of transparency and accountability becomes a breeding ground for corrupt and unethical conduct, financial mismanagement and misconduct, which ultimately leads to poor service delivery. Through the Promotion of Access to Information Act (PAIA), the DA has since October last year demanded full access to 177 forensic reports dating from 2016 to the present. The Gauteng Premier, Panyaza Lesufi, refused the request for access to the records requested. However, the refusal did not provide adequate reasons based on the provisions of the Promotion of Access to Information Act (PAIA) that the Office of the Premier relied on. The DA Gauteng appealed the decision to refuse access to the reports internally in November, but the appeal was dismissed the following month. In January, we approached the Information Regulator, where the pre-investigation report found that 'there is a prima facie case that the complainant met the minimum requirements prescribed in PAIA, in that the request form was duly submitted to the public body.' According to the Information Regulator, the alleged refusal by Lesufi's office to grant access and failure to state adequate reasons for the refusal, including the provisions of PAIA relied on, necessitates an investigation of the complaint to ascertain whether the requester (DA) must be given access to the records. The use of legal provisions such as POPIA to justify withholding information raises concerns about the misuse of privacy laws as shields rather than safeguards. While protecting personal data is essential, these laws must not be weaponised to conceal misconduct and prevent public scrutiny. There must be a balanced approach that respects individual rights without compromising the public's right to know when such disclosure is both lawful and justifiable. Furthermore, any reliance on privacy concerns must be weighed against the public interest in disclosure, particularly in cases where the public interest outweighs any purported confidentiality claims. While POPIA is designed to regulate the lawful processing of personal information, it balances the right to privacy with the right to access information. The Act explicitly provides for instances where disclosure is necessary and lawful. The ruling, therefore, emphasises how difficult it is for the public and government to balance between privacy, transparency, and due process. This is not the first time that our PAIA applications have been unsuccessful in what we increasingly view as the shielding of corrupt officials, politicians, and activities within the Gauteng Provincial Government (GPG). The biennial report of the Gauteng Ethics Advisory Council (GEAC) for 2025 has restated what the DA Gauteng has been exposing about corruption, maladministration, non-compliance with relevant legislation and regulations and ethical violations severely affecting the delivery of services to residents of Gauteng.
Daily Maverick
5 days ago
- Business
- Daily Maverick
Twin disruptors at work — tariffs, AI and the future of employment
The global economy stands at a precipice, shaped by two interconnected forces: the resurgence of tariff-driven protectionism and the relentless advance of artificial intelligence (AI). Together, these 'twin disruptors' are changing the world of work, reshaping trade dynamics, recalibrating labour markets and challenging the social contract that underpins modern societies. This presents a profound double disruption, compelling workers, employers, legislators and policymakers to confront urgent legal questions concerning rights, protections and regulatory obligations. The new tariff terrain: a trade law perspective Tariffs have re-emerged as an instrument of statecraft. Yet, their deployment is far from unfettered. It is governed by a robust international legal architecture, primarily the General Agreement on Tariffs and Trade under the World Trade Organization (WTO). The increasing imposition of tariffs, particularly those justified under national security exemptions, is testing the limits of multilateral trade law. Disputes arising from such measures are before the WTO's dispute settlement mechanism, underscoring the critical need for legal predictability in global commerce. Tariff policy must adhere to the principles of administrative law, demanding transparency, thorough consultation and the minimisation of arbitrary or disproportionate impacts on affected sectors. Crucially, workers displaced by tariff-induced shifts in global supply chains may have legitimate claims under existing labour statutes, advocating for 'just transition' support or retraining guarantees to mitigate job losses. AI and labour: legal gaps and governance challenges The rapid integration of AI into the workplace introduces unprecedented complexities for labour law. Traditional legal protections – encompassing the right to fair labour practices, non-discrimination and safe working conditions – are severely strained by algorithmic decision-making 's pervasive influence. For instance, automated hiring or performance management tools carry the inherent risk of inadvertently violating anti-discrimination laws, data protection legislation or even constitutional rights to dignity and equality. In South Africa, these vital protections are enshrined in the Bill of Rights and further elaborated through key statutes like the Labour Relations Act, Employment Equity Act and the Protection of Personal Information Act. Globally, the International Labour Organisation (ILO) has proactively begun to address these emerging challenges, advocating for a 'human-centred' approach to the future of work and urging the adoption of new international standards that ensure algorithmic transparency and accountability in the workplace. South Africa's lacklustre economic growth: a deep dive into persistent challenges While South Africa holds significant potential as an emerging market with diversified industries and abundant natural resources, its economic growth has been persistently lacklustre, significantly hindering efforts to address challenges like high unemployment, poverty and inequality. For more than a decade the country's GDP growth has averaged a mere 0.7% annually, a rate lower than its population growth, leading to declining real per capita income. This sustained underperformance is not merely a cyclical downturn, but a symptom of deep-seated structural issues and governance weaknesses. One of the most critical impediments to South Africa's economic vitality is the energy crisis, primarily driven by the ailing state-owned power utility, Eskom. The result is load shedding – scheduled and unscheduled power outages that cripple businesses, disrupt daily life and deter investment. These power cuts have cost the economy billions of rands annually, forced small businesses to collapse and significantly reduced productivity across all sectors, from mining to manufacturing and retail. The impact extends to agriculture, where food processing delays lead to substantial losses, and even to the digital economy, with projected losses in the billions. While there have been recent improvements in electricity supply, the long-term shadow of energy insecurity continues to loom large over the economy. Beyond the energy woes, other structural rigidities contribute to the anaemic growth. The country's transport and logistics infrastructure, particularly rail and port operations, is in disrepair. This directly hinders export capacity and increases operational costs for businesses. Furthermore, a weak business environment, characterised by administrative burdens, stifles entrepreneurship and job creation, especially for small and medium-sized enterprises (SMEs) which are vital for employment. Despite efforts to improve the ease of doing business, reform has been slow. The public sector wage bill significantly strains national finances, diverting funds that could otherwise be invested in critical infrastructure or economic stimulus programmes. The cumulative effect of these challenges is a staggering unemployment rate, consistently among the highest in the world. In the first quarter of 2025, the overall unemployment rate climbed to 32.9%, with youth unemployment reaching an alarming 62.4%. This highlights a fundamental disconnect between the available workforce and the economy's capacity to create jobs, often exacerbated by a mismatch between skills and industry demands. The labour costs and insufficient demand also influence businesses' reluctance to expand their workforce. Addressing South Africa's lacklustre economic growth requires a comprehensive and sustained effort. This includes accelerating structural reforms in the energy and logistics sectors, enhancing the business environment to foster private sector investment and SME growth, improving effective and efficient governance, and implementing labour market reforms promoting job creation and addressing skill mismatches. Without such action, South Africa risks remaining trapped in a cycle of low growth, high unemployment and persistent inequality. The dual pressures of shifting tariffs and accelerating AI adoption intersect with entrenched structural inequalities in South Africa. South Africa bears a constitutional obligation to progressively realise socioeconomic rights, which, it is argued, impose positive duties on the state to proactively create enabling conditions for employment and skills development, particularly as traditional job pathways face obsolescence. If unchecked, the unmitigated displacement of mid-skilled jobs due to automation and evolving trade flows could seriously violate the state's duty to achieve these fundamental rights progressively. To comply with these constitutional mandates, legal strategies such as those aimed at developing sectoral master plans, inclusive procurement policies and robust public-private retraining partnerships are imperative. Furthermore, South Africa's international obligations under instruments such as the African Charter on Human and Peoples' Rights and the UN's Sustainable Development Goals reinforce the critical need for labour market policies that actively promote equity, sustainability and decent work for all. AI and tariffs are intrinsically transnational phenomena, demanding regulatory responses that transcend national borders. There is an urgent and pressing need for new global frameworks to address emerging digital labour rights, facilitate cross-border data governance, and ensure corporate accountability across complex global supply chains. Legal fragmentation will exacerbate inequalities between jurisdictions. Multinational firms may exploit regulatory arbitrage without coordinated frameworks to circumvent vital labour protections. Multilateral cooperation, channelled through institutions such as the WTO, ILO, UN and regional bodies like the African Union, is essential to ensure that legal protections keep pace with and actively guide technological and economic transformation towards equitable outcomes. Towards a legally grounded future of work The future of work in a world shaped by tariffs and AI will not be passively determined by technology or market forces alone. Crucially, it will be shaped by the legal frameworks we construct, our institutional choices and the political will we summon. If legal systems remain passive, they risk complicating inequality and eroding fundamental rights. Conversely, if boldly and strategically mobilised, law can be a powerful tool to steer disruption towards shared prosperity and a more just future. The imperative is clear: we must urgently update labour, trade and constitutional laws for a world where borders and algorithms increasingly define the boundaries of opportunity and risk. Legal certainty, fundamental fairness and human dignity must serve as the unshakeable foundations upon which we construct the new world of work. DM
IOL News
15-05-2025
- Politics
- IOL News
Why South Africa's leaders should lead by example with lifestyle audits
Integrity activist Devoshum Moodley-Veera says South African leaders must undergo lifestyle audits to restore public trust and combat corruption. Image: Ayanda Ndamane/ Independent Newspapers Suppose South Africa is to turn the tide on fraud and corruption. In that case, the country's political leaders, including President Cyril Ramaphosa, need to lead by example and subject themselves to lifestyle audits and be transparent with the process and findings to the public. This is according to Devoshum Moodley-Veera, an Integrity Activist, PhD Student at the School of Public Leadership and ACCERUS at Stellenbosch University. Lifestyle audits have become topical after a recently released report revealed that 37% of senior Gauteng provincial government officials failed their mandatory lifestyle audits, designed to expose corruption and financial misconduct. On the other hand, the National Home Builders Registration Council (NHBRC), an entity of the Department of Human Settlements, said it has referred more than 150 employees for lifestyle audits. Moodley-Veera describes a lifestyle audit as one of the many tools to combat fraud and corruption in the public sector. It is a detective, preventative, corrective, and monitoring tool. 'Political leaders must have lifestyle audits instituted against them, and be very clear and transparent about their lifestyle audit process. They need to start with the change. If they are calling for lifestyle audits, why are lifestyle audits not done on them as well? 'In the public service, lifestyle audits need to be done throughout. The ministers, deputy ministers, Director-Generals, Members of Parliament, Portfolio Committee Members, Chief Directors, Directors, the deputy directors, the ANC's top six and members of other political parties must also undergo lifestyle audits. Even the president and the deputy president need to go through this,' Moodley-Veera said. She said this would be a step in the right direction for the state towards regaining public trust, because it is necessary to perform lifestyle audits on individuals entrusted with the resources of 'our' country. She added that if the government is trying to be transparent, they need to make sure that the whole report is published, so that it can be discussed and people can understand what exactly the lifestyle audit entails, what the findings were, and the issues raised. 'There also needs to be a media briefing, explaining the number of people subjected to lifestyle audits and those found to be wanting. You need to name a shame at times. You can't use secrecy or privacy as an excuse. 'And I do understand that we need to take into account the two laws that we have, which are the Promotion of Access to Information Act (PAIA) and the Protection of Personal Information Act (POPIA). Where there is public interest, you need to ensure transparency in dealing with lifestyle audits,' she said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ "Even in my lectures, I always say you need to live by ethics. Be the change you want to see, as Mahatma Gandhi put it. It shouldn't be a passing thing that you want to improve ethics in the country and then start implementing lifestyle audits, whistleblowing, unexplained wealth audits, etc. If you're not being ethical when doing your work, it won't change," Moodley-Veera said. 'Corruption is very high in our country. Certain laws limit lifestyle audits, for example, the POPIA, which limits the processing of personal information. So, for example, if a forensic auditor or a forensic investigator or an internal auditor needs to perform a lifestyle audit, there needs to be a lot of processes to try and get consent to actually institute a lifestyle audit, because people claim privacy and defamation issues. 'So, as someone conducting a lifestyle audit, you end up having a number of legal actions against you. You find that PAIA, on the one hand, promotes access to information. But POPIA says no, you can't process personal information. So there are limitations with these two acts when trying to implement lifestyle audits in terms of legislation,' Moodley-Veera said. She added that public servants generally use these two acts to avoid lifestyle audits in the public service. They say that it is an infringement of their privacy rights. They were not supposed to communicate their income and expenditure and assets, and verification processes. The consequences for failing lifestyle audits in South Africa are inadequate because they depend on whether the leadership (political or organisational) wants to take action or not. It is very secretive on how you really deal with the findings of a lifestyle audit, she said. 'But then you do get situations from a criminal point of view, where, for example, the SIU does have the power to institute criminal charges against an individual that they found to have not lived according to their means. But that is in cases of a very high level, for example, State Capture. The National Prosecuting Authority also has the power to institute legal action. 'With SARS, which does lifestyle audits on their taxpayers, what happens is they do freeze the individual's assets, they do recoup the assets, but also it is limited. It's limited in the sense that SARS would do their investigation and then it needs to go through a court process to try and institute criminal proceedings,' she said. South Africa needs to have a single legislation to deal with lifestyle audits, which will be a blanket approach for the public and private sectors. She said the private sector currently does lifestyle audits at its discretion. 'There actually should not be any thresholds, for example, in the legislation, you must not even say that if you are an organisation of more than 50 people, then only you submit or institute lifestyle audits. It needs to be for everyone. For example, your big retailers, small shops, etc, because corruption comes in different forms and ways. So if you are trying to address this, you need to use a balanced approach and be consistent in dealing with this,' Moodley-Veera said. The Guide to Implement Lifestyle Audits in the Public Service, signed by the then Minister of Public Service and Administration, Senzo Mchunu, came into effect on April 1, 2021, and mandates lifestyle audits for National and Provincial Government Departments, in line with the Public Service Regulations of 2016. However, Moodley-Veera said it is not an Act, but a directive that guides public service, public servants to undergo lifestyle audits, and the role players involved. But it is only a directive, not legally binding. The second biennial report recently released by the Gauteng Ethics Advisory Council (GEAC) revealed that nearly 37% of senior Gauteng provincial government officials failed their mandatory lifestyle audits, designed to expose corruption and financial misconduct. Over 150 engaged in illegal business dealings, despite legal prohibitions, in key departments like Education, Sport, Health, and Infrastructure Development. Gauteng Premier Panyaza Lesufi has since welcomed the report and said the provincial government will respond in detail within 14 days after assessing and engaging with the findings. Opposition parties have also demanded that action be taken. Alec Moemi, Director-General for the Department of Human Settlements, this week told the Parliamentary Portfolio Committee on Human Settlements that over 150 employees at the NHBRC have been referred for lifestyle audits, requiring them to explain their financial income. He said the audit started in 2024 after a directive by former minister Mmamoloko Kubayi across the department's entities. The SIU has completed the audit at the Community Schemes Ombud Service. The audits were not finalised and were not ready for presentation to the portfolio committee. Phases one and two of the audits of 82 executives and management personnel were completed at NHBRC. Phase 2 of the audit involves 152 employees being interviewed to provide explanations, he said.
The Citizen
14-05-2025
- Health
- The Citizen
Has correctional services kept an eye on Schabir Shaik's 'terminal' illness?
The Correctional Services Minister would not reveal the identities of the doctors who diagnosed and approved Schabir Shaik's release. Schabir Shaik outside a shop on 25 July 2012 in Durban. Picture: Gallo Images / Franco Megannon The Department of Correctional Services has revealed extremely limited information about the monitoring of convicted fraudster Schabir Shaik's health since his controversial medical parole release in 2009. Minister of Correctional Services Dr. Pieter Groenewald recently responded to questions from the DA's Michele Clarke regarding the oversight of Shaik's medical condition. Details of Schabir Shaik's doctors protected When asked about the medical professionals who diagnosed and approved Shaik's release, Groenewald cited privacy regulations as a barrier to disclosure. 'The names of the doctors should be requested in line with the Protection of Personal Information Act (Popia), 04 of 2013,' Groenewald stated. He applied the same privacy restriction to questions about their qualifications and employment positions. While declining to reveal the identities of individual medical professionals, the minister confirmed that the Durban Correctional Supervision and Parole Board approved Shaik's release. Regarding Shaik's specific medical diagnosis, Groenewald emphasised confidentiality requirements. 'In terms of ethical and legal requirements, patient information must be kept confidential, thus ensuring maintenance of professional secrecy,' he stated. ALSO READ: Groenewald confirms foreigners with life sentences were paroled… and deported No ongoing health monitoring required The minister clarified that the department has no obligation to monitor the health of parolees released on medical grounds. 'The department did a medical assessment on the parolee before he was released on medical parole. 'There is no provision by DCS Medical Parole Policy for reassessment of any parolee,' Groenewald explained. He added that Shaik 'was consulting his own medical doctor and psychologist' and that he had complied with his parole conditions, including 'house arrest, office consultation, social work programmes and was monitored as per policy'. The department also does not provide ongoing medical treatment to those released on medical parole. 'Offenders placed on medical parole are provided with referral letters for continuity of care in the community,' added the minister. ALSO READ: Confirmed: How many inmates were granted parole – and how many were sent back to prison Schabir Shaik's controversial release Shaik, who had close ties to former president Jacob Zuma, was convicted of fraud and corruption in 2005 and sentenced to 15 years in prison. His release on medical parole in 2009 came after serving just two years and four months of his sentence, as he was deemed 'terminally ill' at the time. The circumstances surrounding his parole were widely criticised as unlawful, eventually leading to amendments to section 79 of the Correctional Services Act to strengthen the requirements for medical parole. Shaik's sentence officially expired in January 2020, making him a free man. He has since become a member of the uMkhonto weSizwe (MK) party, led by Zuma. NOW READ: WATCH: Zondo questions Zuma's release from prison on medical parole
IOL News
11-05-2025
- Business
- IOL News
Pension funds must comply with PFA information requests, says Muvhango Lukhaimane
The Pension Funds Adjudicator, Muvhango Lukhaimane, asserts that pension funds must provide requested information without beneficiary consent, clarifying the PFA's authority under the Protection of Personal Information Act. A pension fund is obliged to provide the Pension Funds Adjudicator (PFA) with requested information without obtaining consent from beneficiaries, says Muvhango Lukhaimane, the PFA. According to Lukhaimane, funds cannot use the Protection of Personal Information Act (POPIA) as an excuse to withhold information from the PFA. She says that as a public body, as defined in the Act, the PFA has the right to access personal information when performing its duties. This came to light in a recent determination, where Lukhaimane made it clear that the PFA falls within the definition of a tribunal under POPIA and is permitted to collect personal information when necessary for its investigations. The issue arose when a fund initially refused to provide its investigation report to the PFA, citing the need to protect beneficiaries' personal details. Only after being reminded that POPIA allows the PFA to process personal information in the exercise of its powers and duties, did the fund comply with the request. Lukhaimane clarified that, in matters involving death benefits, the PFA's role is to assess whether the board acted rationally, reasonably, and within the law. 'Therefore, a fund cannot hide behind POPIA and bears the onus of demonstrating that it has conducted a proper investigation per section 37C,' she says. The Financial Services Tribunal further reinforced this point, stating that the PFA should insist on investigation reports to confirm that funds have provided sufficient information to justify their allocations. A recent complaint brought before the PFA highlighted the consequences of inadequate investigations. The case involved the Eskom Pension and Provident Fund, which was tasked with allocating a lump sum death benefit of R560,160 following the passing of a pension fund member. The board distributed the benefit among the deceased's customary spouse, life partner, and children, but Lukhaimane was not satisfied that a thorough investigation had been conducted to justify the final distribution. She ruled that the fund had a duty to actively investigate the extent of each beneficiary's financial dependency on the deceased to ensure an equitable allocation. The deceased had nominated his customary spouse to receive 80% of the benefit, with 10% allocated to his life partner and the remainder to two of his children. However, the actual allocation deviated significantly from his wishes: 28% was allocated to his customary spouse 28% to his life partner Two percent each to five major children 30% to a minor child Two percent each to two other minor children The fund justified its decision by arguing that the life partner qualified as the deceased's factual dependant, given that she was 50 years old, unemployed, and had no immediate income prospects. However, Lukhaimane found that the board had failed to give sufficient weight to the beneficiary nomination form, which must be a substantial factor in any decision on death benefits. Lukhaimane stressed that the law recognises three categories of dependants: Legal dependants – Those for whom the deceased had a legal duty of support, such as spouses and children. Factual dependants – Individuals who relied on the deceased for financial support, but for whom there was no legal obligation. Future dependants – Those who could have become financially reliant on the deceased over time. While qualifying as a legal or factual dependant does not automatically entitle someone to a portion of the benefit, the determining factor remains financial dependency. Lukhaimane says dependants must not be left destitute by the death of the deceased, which places an obligation on the funds to actively investigate the financial circumstances of each beneficiary. 'There must be a good reason for a fund not to give effect to a nomination, to justify its decision to deviate from the wishes of the deceased,' she ruled. She also criticised the Eskom Pension and Provident Fund for failing to gather adequate proof of dependency, stating: 'The fund indicated that the complainant and the deceased's major children failed to provide proof of the extent of their financial dependency on the deceased. However, there is a duty on the fund to actively investigate this before making an allocation.' In this case, the board's decision was set aside, reinforcing the importance of transparent and fair decision-making in pension funds. Ultimately, she says pension funds have a duty to ensure that dependants receive what they are entitled to, not through assumption or incomplete investigations, but through rigorous and well-documented financial assessments. PERSONAL FINANCE
