Kick-off date of Protection of Personal Information (POPI)

At present, only insignificant sections of POPI have come into effect. The main sections, that require strict compliance, under severe penalties for non-compliance, will only commence at a later date, to be proclaimed by the President.

In preparation, and to be apprised of all developments, as they unfold, I recommend that you subscribe to a free newsletter published by my colleague, Mark Heyink, an acknowledged privacy law expert. If you are interested, please subscribe here:

Consent and subscribe to Privacy Online news

Check out his latest article: Privacy - A Human Right and www.privacyonline.co.za, where information regarding Privacy Online and previous news articles can also be viewed.

Hooting taxis driving you mad?

A client asked:

Could you please advise us as to what we must do to enforce the laws against noise pollution with regard to the taxis which stop at Hyde Park Shopping Centre? We are incessantly hounded by the noise of their hooting taxis which is entirely unnecessary and totally unacceptable.

I referred her to Danie Geldenhuys, who heads up Environmental Health (Pollution Control), City of Johannesburg (Region A), Telephone: (011) 025 8020, Cell: 083 467 6627 and E-mail: danieg@joburg.org.za

Danie pointed out that it would be more appropriate to report the matter to the Johannesburg Metropolitan Police Department for investigation in terms of illegal ranking and/or the use of hooters not for emergency proposes but to solicit customers causing a noise nuisance.

Although noise pollution is one of the Pollution Control Environmental Health Section’s functions it normally deals with point source noise pollution issues (a specific person or entity causing the noise) rather than diffuse noise pollution such as sound generated at a taxi rank and if the offence has not been committed in the presence of the Pollution Control Officer, only on strength of affidavits from the complainants.  

Affidavits in turn must address a specific incident committed at a specific time by a specific person or entity.

Kindly refer to this link in this regard:

http://www.bregmans.co.za/information-and-procedure-with-regard-to-noise-nuisance-complaints/

I would suggest that the matter be referred to Johannesburg Metropolitan Police Department for investigation in terms of illegal ranking and/or the use of hooters not for emergency proposes but to solicit customers causing a noise nuisance, prohibited in terms of Regulation 9(i) of the Gauteng Noise Control Regulations and Road Safety Legislation, maybe via the Ward Councillor at the 10+ Ward Meeting.  

How to enforce a CCMA arbitration award

The recent amendments to the LRA have dramatically simplified the recovery process to enforce an unpaid arbitration award, in terms of S143.

In the past, if an award was for performance (reinstatement) or for compensation, an employee had to submit the old LRA 7.18 form to have a warrant authorised. To prevent prescription of the award, he or she had to launch S158 proceedings out of the Labour Court to make the award an order of court.

Now, the amendment introduces a cost effective and quicker method.

Simply use the new LRA 7.18 form to CERTIFY THE AWARD. Once certified, a party can send the original certified award and form directly to the sheriff for execution (monetary) and if there is non-compliance with performance (reinstatement) a party can simply proceed with contempt of court proceedings.

Go here for the form and for more information.

http://www.labour.gov.za/DOL/documents/forms/labour-relations/form-lra-7-18-application-to-certify-council-award-and-writ-of-execution