Chapter 12: Other rules and regulations

Question 1

Promotion of Access to Information Act, No. 2 of 2000 (PAIA)

Answer 1

is intended to give effect to the constitutional right of access to any information held by the State and information that is held by another person and that is required for the exercise or protection of any rights; and to provide for matters connected therewith

Question 2

2. Anti-money laundering and crime legislation

Answer 2

• The Prevention of Organised Crime Act, No. 121 of 1998
• The Financial Intelligence Centre Act, No. 38 of 2001
• The Protection of Constitutional Democracy against Terrorist and Related Activities Act No. 33 of 2004.

Question 3

Prevention of Organised Crime Act, No. 121 of 1998

Answer 3

The Act (POCA) specifically criminalises racketeering activities (see below), involvement in criminal gang activities and money laundering. It also provides generally for reporting money laundering. The Act’s most effective weapon against organised crime is embodied in the provisions that allow for seizure and forfeiture of assets that are seen as being the proceeds of organised crime.

Question 4

POCA gives the following definition of “racketeering”:

Answer 4

“pattern of racketeering activity” means the planned, ongoing, continuous or repeated participation or involvement in any offence referred to in Schedule 1 and includes at least two offences referred to in Schedule 1, of which one of the offences occurred after the commencement of this Act and the last offence occurred within 10 years (excluding any period of imprisonment) after the commission of such prior offence referred to in Schedule 1;

Question 5

the Financial Intelligence Centre Act (FICA)

Answer 5

deals with measures to control money laundering, including the reporting of money laundering activities.

Question 6

The Financial Intelligence Centre Act, No. 38 of 2001

Answer 6

• To establish a Financial Intelligence Centre and a Money Laundering Advisory Council in order to combat money laundering activities and the financing of terrorist and related activities;
• To impose certain duties on institutions and other persons who might be used for money laundering purposes;
• To amend the Prevention of Organised Crime Act, 1998, and the Promotion of Access to Information Act, 2000; and
• To provide for matters connected thereto.
• Amendments were enacted during 2017

Question 7

Protection of Constitutional Democracy against Terrorist and Related Activities Act (No 33 of 2004)

Answer 7

The main aim of this Act is to prevent and combat terrorist and related activities and the financing thereof and to provide for a mechanism to comply with United Nations Security Council Resolutions. It enables South Africa to comply with a range of international obligations under a range of United Nations conventions dealing with terrorism.

Question 8

To be valid, a contract must fulfil three essential elements:

Answer 8

1. The parties must have reached agreement on the terms
2. They must intend to be legally bound
3. Each must have provided consideration - a gain or benefit in return for that of another party.

Question 9

POPI sets conditions that require that personal information (Pl) of both individuals and juristic entities is sufficiently protected and also used in a manner that facilitates transparency around the following:

Answer 9

• What is done with the personal information
• Why and how it is processed (i.e. this covers all phases of a typical information management lifecycle - from collection, to usage, sharing, disposal, archiving, etc);
• Who the personal information is shared with (i.e. third parties-both locally and internationally, other legal entities, etc)
• What types of personal information is processed and for what purpose.

Question 10

Three key parties (who can be natural or juristic persons) are involved:

Answer 10

• The data subject: the person to whom the information relates.
• The responsible party: the entity who determines why and how to process the personal information. For example, profit companies, non-profit companies, governments, state agencies and people. Called controllers in other jurisdictions.
• The operator: a person who processes personal information on behalf of the responsible party. For example, an IT service provider. Called processors in other jurisdictions.