The Financial Intelligence Centre (FIC) recently issued a media release regarding amendments to the Financial Intelligence Centre Act (FICA).

The primary amendments that will come into force on 14 November 2022 are:

  • The monetary threshold has been increased for cash reporting from R24 999 and above to R49 999 and above as a single transaction only
  • Extending the reporting period deadline from 2 to 3 business days from the time of becoming aware of the cash transaction
  • The revocation of submitting Cash Threshold Report Aggregation (CTRA) for Accountable Institutions and Reporting Institutions, which is where a report is made to the FIC that details an amalgam of multiple cash transactions exceeding the prescribed amount in a particular period rather than a single, lump sum cash transaction

Unjustifiably infringes on children’s rights

A judgment from the Constitutional Court regarding the constitutionality of section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992, to the extent that it criminalises the use and/or possession of cannabis by a child. The Court held that the criminalisation of the use and/or possession of cannabis by a child does not serve the intended purpose of protecting children. The Court found that there are less restrictive means to protect children from the use of cannabis and further found that the criminalisation of children for use and/or possession of cannabis unjustifiably infringes on children’s rights.

With regards to retrospectivity, the court provided that for those who have already been prosecuted and convicted under section 4(b) for the use or possession of cannabis as a child, an order that renders all such persons eligible for immediate expungement of their criminal records upon application was warranted.

Read the full judgment here

Must a landlord provide a tenant with a generator or inverter?

The euphemistic term ‘load shedding’ has caused significant financial loss and inconvenience to tenants.

Can a tenant force a landlord to minimise their loss and demand that they install a generator or inverter? If so, who bears the cost?

As landlords are not to blame for the electricity crisis, they need not provide a solution. The landlord may install a generator, inverter or solar option and recover the cost from the tenant by increasing the monthly rent.

Buildings with alternative energy solutions add value to the property and make them an attractive alternative to facilities that do not.

If a landlord chooses to provide an alternative energy supply – despite not being legally obliged – it will add a clause to the lease requiring the tenant to pay the pro-rata use costs of a generator, including maintenance, insurance, compliance certificates and the fuel needed to operate it.

Extension of validity of Zimbabwean Exemption Permits

The Minister of Home Affairs has extended the validity of all ZEPs granted to Zimbabwean nationals until 30 June 2023 to allow permit holders to apply for an alternative ‘mainstream’ visa in the Immigration Act 13 of 2002 (Act). During this period:

  • no ZEP holder is required to produce a valid exemption certificate or a letter of authorisation to remain in South Africa when applying for any category of visa;
  • no ZEP holder can be arrested, ordered to depart South Africa, or deported for any reason relating to the ZEP holder not having a valid exemption certificate in their passport; and
  • all ZEP holders are allowed to enter or depart from South Africa, subject to meeting the requisite requirements in terms of the Act.

Read the full judgment here

Mom wins a court battle against Medihelp

In the vein of a John Grisham novel where a desperate family fights with a greedy medical aid, a mom got an interim order forcing Medihelp Medical Scheme to pay for an expensive drug to treat a rare medical condition, Hunter Syndrome.

An Alberton mom, Michaney de Wet, won a significant court battle against her medical aid scheme forcing it to pay for an expensive drug that her three-year-old son, Zachary, needs to treat a rare inherited genetic disorder. Medihelp refused twice to pay for Elaprase, the only registered treatment to treat the condition.

How To Report A Data Breach

Section 22 of the Protection of Personal Information Act (POPIA) deals with the reporting of security compromises.

Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, the responsible party must notify the Information Regulator and the data subject to investigate. Read more

Afriforum v Economic Freedom Fighters

The Equality Court finds that the singing of the songs “Kill/Kiss the Boer/ Kill/Kiss the farmer” and “Biza a ma’firebrigate (Call the fire brigade) do not constitute hate speech and unfair discrimination in terms of sections 7 and 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act). Read More…

The Ex-Wife Had The Right To Claim Maintenance From Her Ex-Husband

Supreme Court of Appeal case finds that the ex-wife had the right to claim maintenance from her ex-husband on behalf of the adult dependent children of their marriage upon their divorce.

The Equality Court Found That Comments About The Chinese Community In South Africa Constituted Hate Speech And Imposed Fines Against The Perpetrators.

The applicable act is the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2002

Read the case here