Effect of Legislation on your Company - Pdf

The Effect of Legislation on your Company, and its Directors and Managers By Johanette Rheeder CONTENTS Section 1 - Protection of private information bill 9 of 2009 1.1 Introduction 1.2 Medical and pension fund information/screening, criminal and debt information; pre - employment screening, private electronic information. 1.3 How must employers protect the private information of employees? Section 2 - Regulation of interception of communications and provision of communication related information Act 70 of 2002 2.1 Introduction 2.2 What is a communication for the purpose of RICA? 2.3 Information from private bodies 2.4 How does that relate to personal emails and telephone calls? 2.5 Can an employer use it in evidence in disciplinary hearings? 2.6 Can you record a person's conversation without their consent? 2.7 Is it a breach of privacy? Section 3 - Promotion to access of information act 2 of 20001 3.1 Introduction 3.2 What information can you claim? 3.3 Why do you want to claim information? 3.4 How to claim information? 3.5 When can a company refuse information? Section 4 - Prevention and combating of corrupt activities act 12 of 2004 4.1 Introduction 4.2. Obligation on companies and directors to disclose criminal activities. The South Af rican Human Rights Commission has a specif ic mandate set out by the PAIA 2 of 2000, to promote the right to access inf ormation and monitor compliance with the legislation. Since the inception of the legislation, the Commission has committed its resources to height en awareness, monitor compliance and prov ide assistance to members of the public to assert their right to inf ormation. The Commission carries out its PAIA mandate through the PAIA Unit and has designed programmes to implement the Commission’s mandate. See also the guide by the SAHRC. Visit the website at www.sahrc.org.za. CONTENTS Continued Section 5 - Protected disclosures act 26 of 2000 5.1 Introduction to the PDA 5.2 What is a protected disclosure? 5.3. How to make a Protected Disclosure 5.4 When is it not a Protected Disclosure? 5.5 Automatic unfair dismissals and protected disclosures 5.6 How to deal with protected disclosures during disciplinary proceedings Section 6 – The Companies Act 71 of 2008, the Companies Amendment Act 2011 and the Regulations to the Companies Act 6.1 Introduction 6.2 The duties of the directors. 6.3 Personal liability of directors Johanette Rheeder (BLC, LLB, LLM(Labour Law), is an Attorney and Labour Law Specialist Section 1 - Protection of private information bill 9 of 2009 1.1 Introduction This bill should not be confused with the Protection of Information Bill, which caused much controversy, especially with regard to free speech and media rights. In terms of the explanatory memorandum published in GG 32495 of 14 August 2009, the Protection of Personal Information Bill, 2009, is intended to promote the protection of personal information processed by public and private bodies; to introduce information protection principles so as to establish minimum requirements for the processing of personal information; to provide for the establishment of an Information Protection Regulator; to provide for the issuing of codes of conduct; to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic and to provide for matters incidental thereto