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Filter: Government
Government and POPIA - applicable or not?

14 June 2021

With all the talk of POPIA coming into effect and businesses having to get ready to comply, I was wondering... whether government and municipalities also need to comply with POPIA. Surely, government entities have a lot of personal information in their possession that they must protect.

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Article
Can a settlement agreement override fair tender procedures?

10 February 2021

After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder... who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agreement with the bidder to avoid litigation. Surely such a settlement agreement cannot override fair tender procedures?

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1201
Article
Can I be forced to take the Covid-vaccine?

15 January 2021,  Jonathan Le Riche

Something many people have been wondering about, is whether or not the government could make it compulsory for us to... take the Covid-vaccine.To answer this, we need to start with our country’s Constitution, the cornerstone of our law.  South Africans all have the right to bodily and psychological integrity, which on face value should mean that the vaccine should remain each South African’s own choice. This right, however, is an individual right, but we also have collective rights to take into account. We know that some people suffer a lot more from Covid-19 than others. Thus, choosing to not vaccinate yourself may be costly for other people in the community. Naturally there are many different opinions when it comes to a hot topic such as this, one of which is that of the University of Oxford ethicist Alberto Giubilini, who suggests that the vaccine should be compulsory because it would be less burdensome to everyone than the current lockdowns which are in place all over the world. Then there are also various misconceptions and conspiracy theories muddying the issue, such as the talk of so-called “microchips” in the vaccine and even of its rumoured ability to “alter one’s DNA”. In my opinion, it would then be a better idea to focus on improving and increasing education and the dissemination of proper, accurate and verified information on Covid-vaccines to thereby eradicate these falsities, rather than making it mandatory to get immunised against the virus -which may come across as somewhat suspicious to some and simply increase people’s resistance against getting vaccinated.It is one matter to decide for yourself, but in some instances, employers may make it compulsory for their employees to be vaccinated. Certain countries may also make it a requirement before entry for travellers. Would this be allowed? Well, these are not new concepts. In the medical profession for example Hepatitis B injections are compulsory. Yellow fever vaccines are also compulsory to be allowed entry to certain countries. In this instance I feel it is necessary to consider the ultimate goal behind the vaccine, which is to protect and save lives. It is precisely this protection of the collective right of a community which will probably outweigh the rights of the individual. So, what can we take from this? It can possibly become a requirement in the workplace or for travelling purposes. Your own medical aid may well also make the vaccine a requirement since preventing their members from getting infected, could potentially save them quite a lot on hospital expenses. Yet it is unlikely that the government can make it compulsory for us as South Africans to take the Covid-19 vaccine. 

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Blog
Effects of Covid-19: Public Servants’ annual salary increments dealt a blow

08 January 2021

I have seen media reports that the State will not be obligated to pay employees their annual salary increments this... year due to the scarce financial resources of the State. Is this correct?   

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1341
Article
51% black equity tender pre-qualification criteria found to be invalid

06 January 2021,  Kitso Tshipa

My business is 26% black owned but has been excluded from a number of tenders because of pre-qualification criteria for... tenders being set at being at least 51% black owned. I’ve seen in the news though that this practice has been scratched by the courts. Is this true?

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1313
Article
Is government liable for an accident at a private nursery school?

10 November 2020

I recently saw an article in the news saying that the Western Cape Department of Social Development was not responsible... for injuries caused to a child in a day care funded by the Department. Surely this cannot be right and the Department should be responsible? 

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Article
Covid Advisory: Government financial assistance options and your business

09 April 2020

Did you know that various debt relief schemes have been established by government in order to support businesses as a... result of the COVID-19 pandemic?

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Article
Employment Equity Act amendments may impact your state contract

09 November 2018

I’ve recently heard about proposed amendments to the Employment Equity Act which I understand will make it more difficult to... tender for Government work. Is this true?

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1116
Article

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