Latest news with #ProtectionofPersonalInformationAct
IOL News
03-08-2025
- Politics
- IOL News
Constitutional Court finds Parliament failed in public participation process
The Constitutional Court overturned the appointment of the new members of the Commission for Gender Equality, saying the process lacked reasonable public participation. Image: Kamogelo Moichela The Constitutional Court, in an unanimous judgment, found that Parliament failed to comply with its constitutional obligation to facilitate a reasonable public participation process in the appointment of new members for the Commission for Gender Equality (CGE). Corruption Watch, which launched this application, submitted that the public participation process was defective due to insufficient information on the shortlisted candidates being made publicly available. Furthermore, they submitted that the opportunity for public participation was restricted to 2,000 character submissions and only 14 days were provided for written submissions. Corruption Watch contended that the opportunity for public participation was unreasonable and inadequate. It also argued that the Portfolio Committee misinterpreted the Protection of Personal Information Act (POPIA), leading to unnecessary restrictions on candidate information. In doing so, the Portfolio Committee wrongly concluded that POPIA permits only the sharing of minimal information, it said. The Speaker, on behalf of the National Assembly, submitted that the opportunity it provided for public participation in the recommendation process was reasonable and defended the 14-day period as sufficient, citing past appointment processes. The Speaker also submitted that the Portfolio Committee properly considered all public comments before making recommendations and that withholding full CVs of the shortlisted candidates was in line with POPIA, as consent was required before publicly sharing candidates' personal information. The Information Regulator submitted in an explanatory affidavit that consent is not required if the processing of that information is necessary for public duties. It supported Corruption Watch in stating that POPIA does not prevent the Portfolio Committee from fulfilling its constitutional mandate to ensure public involvement in legislative and 'other processes'. Media Monitoring Africa, which joined the proceedings as a friend of the court, submitted that effective media reporting is crucial for transparency and public engagement and also contended that the Portfolio Committee's failure to publish candidates' CVs hindered the media's ability to act as a watchdog, restricting the public's right to access information and meaningfully participate in the appointment process. The court held that the mechanisms adopted by the Portfolio Committee to facilitate public involvement in the appointment of commissioners to the CGE failed to allow for effective public participation. It said that while a court must take due cognisance of what the National Assembly chooses to do to facilitate public involvement, the assessment of what was done is an objective one. In this instance, the National Assembly acted upon an interpretation of POPIA which was manifestly incorrect, rendering the conduct unreasonable. This, coupled with the short period allowed for public comments and the restriction on such comments, materially affected the appointment process as a whole. In the circumstances, the appointment process conducted by the National Assembly did not comply with the obligations imposed by the Constitution and is therefore invalid, the court found.
Eyewitness News
02-08-2025
- Politics
- Eyewitness News
Corruption Watch welcomes ConCourt ruling on setting aside Gender Commission appointments
CAPE TOWN - Corruption Watch has hailed yesterday's (Friday) victory against Parliament in the Constitutional Court as a turning point in enforcing meaningful public participation - particularly in the appointment of leaders to key institutions. The apex court has declared as invalid the appointment of five commissioners of the Commission of Gender Equality, including the chairperson, for more than two years since they were appointed. This invalidity has, however, been suspended for 12 months to allow parliament to restart the recruitment process. Corruption Watch said the Constitutional Court judgment is a critical milestone for its 10-year campaign on leadership appointments, and for legitimate public participation and transparency in choosing candidates to lead the country's public institutions. The Commission for Gender Equality is a Chapter 9 institution, and commissioners are appointed by the president for a five-year renewable term based on the recommendation of Parliament. On Friday, the apex court found that Parliament had incorrectly interpreted the Protection of Personal Information Act by refusing to disclose work experience information from candidates' CVs and also criticised the 14-day deadline for curtailed, online only submissions from the public. Corruption Watch lawyer Nkululeko Conco said the court's unanimous judgment should strengthen Parliament's future public participation processes. 'This victory sends a clear message. Genuine public participation is not optional. It's a constitutional requirement. Citizens have the right to meaningful involvement in choosing who leads the institutions that serve them.' Corruption Watch said the public can't be sidelined when appointing leaders to institutions meant to strengthen democracy. The court, however, made no finding on the incumbents' suitability for the roles – but said the process meant that equally qualified candidates may have been excluded.
Eyewitness News
01-08-2025
- Politics
- Eyewitness News
ConCourt sets aside five appoinments to the gender commission
CAPE TOWN - Parliament's public participation process has been found wanting by the Constitutional Court, which has set aside five appointments to the Commission of Gender Equality on Friday, including its chairperson and her deputy. Although the appointments were made more than two years ago and their suitability for the posts was not in dispute on Friday, the court said it could not allow the appointments to stand, given the flawed process followed. Parliament has now been given a year to restart the process. In 2022, Corruption Watch challenged the process by the Portfolio Committee on Women, Youth and Persons with Disabilities for inviting public comment on the shortlisted candidates to serve as commissioners on the Commission for Gender Equality. The watchdog complained that 14 days was not enough time to make submissions, which were limited by length and could only be submitted online. The committee also refused to publish detailed information from candidates' CVs, such as their work experience, citing the Protection of Personal Information Act. However, the Constitutional Court said this interpretation of the act was incorrect and rendered the committee's conduct unreasonable. It added that had parliament published the candidates' CVs, the committee would have provided the type of information upon which meaningful and effective public participation could be based. 'Furthermore, even though the commissioners may have met the criteria for appointment, they were not necessarily the only candidates who did so or the most suitable candidates for selection. It follows that the appointment process is unconstitutional and that the appointments of the commissioners are invalid,' reads the unanimous judgment. The court said that although parliament's failures were procedural, with no suggestion that the commissioners did not meet the criteria for appointment, the public interest in a lawful appointment process outweighs the personal interests of the commissioners. The Commissioners could thus have their terms cut short within the next 12 months once a new process has been carried out. The five commissioners affected by this ruling include the chairperson, Advocate Nthabiseng Sepanya-Mogale, deputy chairperson Prabashni Naidoo, Thando Gumede, Bongani Ngomane, and Leonashia van der Merwe. They were appointed by the president on the recommendation of Parliament, for a five-year term from 1 March 2023.
Business Insider
19-07-2025
- Business
- Business Insider
Meta faces legal battle in South Africa over illicit content involving minors
The decision comes as South Africa grapples with rising cybercrime, including WhatsApp scams and the spread of illegal content. This development follows a high-profile legal case initiated by social media law expert Emma Sadleir, who took action against the tech giant after discovering over 30 Instagram accounts and at least six WhatsApp channels distributing illicit content and personal information of South African schoolchildren. Court documents revealed that new accounts were being created "every few minutes" to distribute the material, indicating an organized and persistent campaign that has sparked nationwide concern and urgent legal action. Sadleir, representing The Digital Law Company, emphasized the importance of protecting vulnerable children. She said, " This is about protecting vulnerable children. Full compliance with the court order is critical to identifying the perpetrators.' In support of the lawsuit, the Pretoria High Court ordered Meta to discontinue the identified accounts and provide subscriber information, including names, email addresses, phone numbers, and IP addresses used at account creation and last login. Despite the urgency, Meta's initial refusal to comply prompted the legal team to file a contempt of court application. The tech giant however argued that the filing had misidentified legal entities, thereby delaying the process. Critics claimed that Meta was avoiding accountability despite having the technical means to respond. Amid growing public and legal pressure, Meta agreed to a settlement on July 18, specifically due to the threat of imprisonment for Meta's Southern Africa representative, Thabiso Makenete. The company has since deactivated over 60 accounts and promised to provide the requested data within three business days under strict confidentiality. Emma Sadleir, founder of The Digital Law Company, described the agreement as unprecedented, she said, " This may be the first time in South Africa that a global tech company has formally agreed in writing to provide such data in compliance with a local court order." Regulatory compliance mars Meta, SA relations Notably, this is not the first time both entities have conflicted. South Africa's Information Regulator has previously had disputes with Meta over compliance with the Protection of Personal Information Act (POPIA). In 2024, WhatsApp was criticized for vague privacy terms and unauthorized data-sharing with Meta and third parties. This case adds another layer on recent security concerns, testing Meta's willingness to balance privacy obligations with public safety demands. While child protection advocates have welcomed the ruling as a major step toward digital accountability, digital rights organizations have warned about the broader implications. "We must ensure that data disclosures do not set a precedent for unchecked surveillance," a spokesperson for the South African Digital Rights Forum noted.
The Citizen
16-07-2025
- The Citizen
CPS Security launches License Plate Recognition Camera in Southcrest to combat crime
CPS Security has launched a license plate recognition (LPR) camera in Southcrest to strengthen crime prevention and increase vehicle tracking capabilities across Alberton. The first LPR camera stands at a crucial point on Vootrekker Road, a route that enters the area from the Johannesburg CBD and which criminals often use. This initiative, fully funded by CPS Security, links directly with the SAPS and alerts response units in real-time. 'We have had house robberies in the Southcrest area and, through many years of experience, we noticed that criminals regularly use Voortrekker Road to enter and exit,' said Tyron van der Merwe of CPS Security. 'We've always wanted to put cameras here, and this is just the start.' How the system works The LPR cameras scan every vehicle entering or leaving Southcrest and compare its number plates to a national database that the SAPS uses. Vehicles flagged as involved in criminal activity trigger an instant alert to CPS tactical units. 'The alerts happen in milliseconds. Once a vehicle is detected, our tactical teams immediately respond and co-ordinate with law enforcement such as the SAPS, the EMPD and the JMPD,' explained van der Merwe. Each alert contains detailed case information, including crime type, case number, dates and the name of the investigating officer, allowing teams to act fast and legally during stop-and-searches. Constant monitoring and broader integration The LPR system is monitored 24 hours a day through two advanced control room platforms. CPS works with the Vumacam and Mavic surveillance networks, which support crime-fighting efforts across Gauteng. 'We use two control rooms and partner networks to ensure we never miss an alert. This gives us an edge in staying one step ahead of criminals.' CPS is part of the broader Vumacam project that operates in Glenvista, Mulbarton, Moffatview, Alberton, and Germiston. The Southcrest camera adds to this broader surveillance network. Protecting privacy and upholding the law CPS assured the public that the system complies with the Protection of Personal Information Act (Popia). All footage and vehicle data remain confidential and are shared only with vetted partners under strict non-disclosure agreements. 'We do not share footage with the public. The information is used strictly for crime combating and is handled within legal boundaries,' said van der Merwe. Positive community feedback Local safety organisations and residents have received the Southcrest camera installation well. Deidre de Carvalho, a representative of the Alberton CPF and community member, praised the move. 'What the CPS came up with is a brilliant idea. Now, when criminals enter Alberton, CPS and the police can be alert, which will reduce crime in the area,' she said. Expansion plans and community involvement Southcrest has one installed LPR camera, but CPS has identified other high-risk entry and exit points where they will place more cameras. The system is active in Brackendowns and Randhart, with similar installations in progress. CPS encourages residents and business owners to join the initiative and help sponsor camera poles in their areas. 'We are reaching out to business owners and residents to adopt poles or support installation costs. It is affordable and has been proven effective in multiple suburbs,' van der Merwe said. CPS also offers complete area surveys to identify security needs and determine the best placement for LPR technology. Mobile units and long-term vision Where permanent infrastructure is not yet available, CPS use a mobile LPR trailer to deploy to hotspots. This trailer has the same recognition technology and has aided many criminal apprehensions. 'Whether a fixed pole or mobile trailer, the results are consistent. These systems are one of the best tools we have in the fight against crime,' said van der Merwe. The long-term goal is to secure every major entry and exit point in Alberton, Johannesburg south and Germiston. 'We took the initiative upon ourselves to invest in this project because we care about the safety of our suburbs. This is only the beginning, and we will continue to innovate.' Support from law enforcement CPS Security appreciated the continued support of law enforcement partners, like the SAPS, the EMPD, the JMPD and Gauteng Traffic. 'They have stood by us when it mattered most. Their presence during stops and investigations ensures we follow the law and keep communities safe,' said Van der Merwe. Colonel Letloenyane, the station commander at the Alberton SAPS, also welcomed the initiative and applauded CPS Security's proactive steps. 'We appreciate all the efforts our stakeholders are putting into place to ensure Alberton is a safe place to live. It will come in handy because it is a known fact that most criminals use that route to come to Alberton and terrorise our community.' At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
