Electronic Theses and Dissertations (Masters)

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Unpacking physical accessibility to primary education under the international covenant on economic, social and cultural rights: lessons for South Africa
(University of the Witwatersrand, Johannesburg, 2023) Liphapang, Mpho
Physical accessibility to primary education is a component of the feature of accessibility under the 4As framework of the UN Committee on Economic, Social and Cultural Rights. Up to the present time, the dimension of physical accessibility in the implementation of a primary education for children, has regrettably been the least engaged subject by human rights scholars, lawyers, and judges alike. This fact is reinforced in two main ways that are immediately apparent, namely (1) the scarcity of focused scholarship and judicial engagements on the subject, and (2) the minimal attention afforded to the content and meaning of physical accessibility when the subject is eventually engaged. These shortcomings have culminated in the emergence and broad acceptance of narrow theorisations of physical accessibility, through which the dimension is generally understood as a sole concern for schools to be situated at geographically convenient and accessible locations for the learners. In this research report, an examination of physical accessibility is undertaken with the aim to uncover its substantive content and meaning under the ICESCR, and to draw lessons on how it can contribute meaningfully to the achievement of a basic education in South Africa
Digitalisation in the banking industry – the future of banking
(University of the Witwatersrand, Johannesburg, 2023) Basdewo, Kishen; Matasane
The South African banking sector has undergone a profound digital transformation due to rapid and continuous technological advancements. Being Africa’s largest economy, South Africa offers a unique context for examining the trajectory of digital banking and its ramifications for business and society. The emergence of new technologies has fundamentally changed how banks generate and deliver financial services. In particular, digitalisation has empowered banks to operate predominantly online with minimal physical branches, giving rise to novel intermediaries like peer-to-peer lending platforms and payment service providers. Despite the evident significance of digitalisation in the banking sector, its transformative effects raise concerns about financial inclusion and the security of customers’ confidential information. Additionally, while many customers embrace digital platforms, a considerable segment still values the human touch, especially for more intricate transactions. Against this background, this Research Report seeks to explore the impact of digitalisation on the bank/customer relationship. The research further evaluates how emerging technological innovations are creating novel sources of systemic risk which could in turn pose regulatory and policy challenges. The data for this research report was collected from amongst others, various pieces of relevant legislation, scholarly articles, case law, as well as reports from financial regulators and commentators. The research findings reveal that the technological advancements compel banks to change their operating models to meet customer demands. While this introduces challenges both the consumers and banks, effective implementation holds significant benefits for both parties
The International Monetary Fund and the duty to make accountable decisions
(University of the Witwatersrand, Johannesburg, 2023) Müller, Ernst
An assessment of the adequacy of South African fintech regulation: comparative analysis and proposals for reform
(University of the Witwatersrand, Johannesburg, 2023) Akhtar, Mohammad Naeem
The past few years have been characterised by unprecedented developments in financial technology (fintech) including rapid innovation in mobile payment systems, peer-to-peer lending, virtual currencies and blockchain technology. A sizeable portion of innovative fintech has arisen outside of the traditional financial and banking system largely driven by venture capital-backed fintech start-ups. This disruption and evolution in banking and financial services caused by fintech innovation has heightened the need for new policies and rules regarding the regulation of fintech to be both thorough and forward thinking. This is because the effective regulation of fintech is crucial to innovation and the future success and stability of the financial services industry as a whole. This paper assesses the adequacy South Africa’s current regulatory framework in relation to fintech, with a primary focus on the emergence of specific fintech in South Africa such as payment systems, lending and cryptocurrencies and their respective regulatory frameworks. A review of the risks posed by fintech usage and inadequate regulation is carried out – of which cybercrime and data privacy were identified as emerging risks. This is followed by an analysis of the strengths and challenges of South Africa’s regulatory framework which indicates that South Africa boasts a robust and well-regulated financial sector. The focus is then turned to a comparative analysis of foreign jurisdictions, particularly Australia, Nigeria, and Kenya with the aim of identifying measures that could be adopted to further strengthen fintech regulation. The paper ends off with a list of proposed recommendations to be adopted to improve South Africa’s fintech regulation, including inter alia the adoption of open banking and the creation of a harmonised system of regulation in the region
Strengthening Accountability for Sexual and Gender-Based Violence under International Human Rights Law
(University of the Witwatersrand, Johannesburg, 2023) Leung, Ka Yan; Chenwi, Lillian
This research report critiques the current mechanisms available for ensuring accountability for sexual and gender-based violence (SGBV) in the context of international human rights law. It appraises the international, as well as regional, legal frameworks for SGBV, identifying common mechanisms flowing from those instruments. The report also identifies gaps and current challenges in the efforts to provide increased accountability for survivors and victims of SGBV. Key findings include an inefficient, heteronormative approach in respect of, and protection for, non-binary and gender-diverse victims of SGBV, and poor reporting by states in terms of the international human rights instruments. It concludes that taking a more gender-inclusive approach to instruments, and advocating for a new binding instrument with a more encompassing human-rights framing, may be of value, alongside the development of more progressive feminist jurisprudence. While these solutions do not claim to be the cure for all SGBV violations, they will greatly contribute to the protection of persons affected
The development of e-technology at the pleading And pre-trial stage of civil procedure
(University of the Witwatersrand, Johannesburg, 2023) Ferreira, Marius Salomon
South Africa has been lodged into embracing the e-platforms since the advent of the lockdown restrictions of the Covid-19 pandemic. CaseLines, and later-on Court Online, have been introduced to the South African judicial adversarial system in the High Court Divisions in Gauteng. Since its inception, the Caselines and Court Online electronic platforms (e-platforms) have undergone numerous amendments to comply with traditional civil procedure. At the same time, the e-platforms are being used to change the civil procedure at the Gauteng Divisions. The purpose of this report is to critically analyse the CaseLines and Court Online e-platforms and the online civil procedure, through the applicable directives in place, as well as the current Rules of Court, in order to determine its effectiveness in South African civil procedure as well as its fairness in the current South African dispensation. The procedure at the High Court Gauteng Divisions is further compared to the procedure at the Labour Court and Commission for Conciliation, Mediation and Arbitration (CCMA), who have both utilised the use of certain online procedures long before the introduction CaseLines and Court Online. The use of evidence on an online e-platform is critically discussed to determine whether it is in line with the current laws involving the admission of evidence in the South African judiciary. The online judicial system in South Africa is critically compared to the current online procedures in the United States of America and in the United Kingdom to determine whether any lessons can be taken from the foreign judiciaries in terms of online civil procedure. Lastly, the report will provide concluding remarks and recommendations to consider for the South African e-platform and online civil procedure.
Contractual liability of state-owned enterprises in international business transactions: a South African legal perspective
(University of the Witwatersrand, Johannesburg, 2024) Danha, Mutsa Dadiso
This research report examines the legal regime that governs South African state-owned enterprises (SOEs) as they participate in transnational commercial transactions (transactions involving multinational corporations foreign to South Africa). It primarily seeks to lay out the optimal path through which South African law would allow for the State to be held contractually liable for the SOE's failure to perform its international contractual obligations. Following this will be a comparative analysis between the principles of South African law and those of International Business Transactions Law regarding the same. The South African legal framework that this paper examines comprises of the South African Company Law regime, the South African law of contract, and the South African administrative law regime. The legal framework to which this will be compared is International Business Transactions Law, which does not have such clearly delineated subcategories. Issues which fall outside of the scope of this paper are the appropriate forum of the matter, the choice of law which applies to the contract, public international trade law, and the regulations of the World Trade Organization
A feminist ontology to data commercialisation: Evaluating women's access to information and privacy within the medico-legal sphere in South Africa
(University of the Witwatersrand, Johannesburg, 2024) Neto, Ângela Pacheco; Swemmer, Sheena
With the dawn of the Fourth Industrial Revolution, rapid exchanges of data have intensified. Technologies like biometric monitoring, female-oriented technologies, and artificial intelligence bring with them a host of legal issues related to consent, access, privacy, and liability. Vulnerable populations or groups must be given particular attention as standard data practices serve to reinforce existing inequalities. For this reason, female-directed and female- generated health data is specifically considered herein. By employing a data feminism lens, it becomes apparent that the current South African regulatory framework has been legislatively misapproached with regards to the medico-legal sphere in South Africa. The methodology herein draws on critical review methods, thematic analysis, and legal discourse analysis, ultimately utilising the general principles of research inherent in the socio-legal sciences. A responsive and flexible health data law that incorporates intersectional narratives is advanced. This holistic response must account for the two-faced coin of female access to information and privacy in order to address historical structures of power inequity
“What are the preferential trade implications for South Africa’s change in status from a developing country to a developed country in US law?”
(University of the Witwatersrand, Johannesburg, 2023) Chand, Farzaana
This paper addresses the question: what are the preferential trade implications for South Africa’s change in status from a developing country to a developed country in US law? To answer this question, this paper considers international agreements and US legislation. This essay examines the implications of being a developed country by considering the background of developing and developed countries, and the difference in advantages of these countries in trade treaty negotiations. To address international trade concerns, the GATT was established. This essay briefly considers the GATT as the non-discrimination principle is currently incorporated in the WTO. This essay addresses the non-discrimination principle, by considering the Most Favoured Nation principle and its exception – the Enabling Clause. Thereafter, this essay examines the Trade Act as US legislation that incorporates special and differential treatment provisions. This essay discusses the US Generalized System of Preferences (GSP) as a condition under the Enabling Clause, that allows for preferential treatment of developing countries. Furthermore, this essay discusses the AGOA as it is beneficial to South Africa since South African products – such as textiles and apparel – benefit the most from it. This essay argues that South Africa’s agricultural sector will be impacted, if South Africa’s designation changes. This essay considers the IIPA’s petition to place South Africa’s GSP eligibility under review, and additionally it examines the standard of implementation of the TRIPS Agreement. This essay submits that the African Continental Free Trade Area Agreement may be turned to, which may divert developing countries' reliance on preferential schemes, to each other
The sub judice rule in South Africa: a tool for justice or a shield for the powerful?
(University of the Witwatersrand, Johannesburg, 2023) Phahle, Sello Ivan; Albertyn, Cathi
This research report delves into the sub judice rule in the South African context and its impacts on the constitutional right of freedom of expression. The report analyses how elected officials wield the sub judice rule as a protective barrier to responding to questions that relate to matters before a competent court involving them, which tends to happen in cases where there is no actual risk of prejudicing the proper administration of justice by providing answers to the questions posed. This report argues that the misapplication of the sub judice rule undermines the fundamental principles of accountability, transparency, and openness, which are the cornerstones of our democracy, and also infringes the mandate of the media to communicate information to the public and the public’s right to access and consume such information. It further contends that the continued abuse and misuse of the rule calls for its reform through legislative measures. Such legislation must delineate circumstances in which the rule may be rightfully summoned, maintain the integrity of the rule and ward off its misuse to conceal information without a valid cause
Problematising teenage pregnancy as a human rights issue in South Africa
(University of the Witwatersrand, Johannesburg, 2023) Maluleke, Light; Chenwi, Lilian
Teenage pregnancy has long been considered a public health and a socio-economic problem globally, and South Africa in particular. A review of literature indicates that teenage pregnancy poses serious breaches to human rights. Consequently, the research report has determined that rights such as right to health, education, equality and life are at the core of teenage pregnancy. The indivisibility, interdependence, and interrelatedness of these rights become apparent once established that teenage pregnancy affects multiple rights. Against this background, this study problematises teenage pregnancy as a human rights issue in South Africa. The study seeks to answer the following questions: What are the effects of teenage pregnancy on the human rights of pregnant girls and teenage mothers? What are the domestic and international human rights law obligations of South Africa in the context of teenage pregnant? What measures have the SA government put in place to comply with its obligations and reduce high rate of teenage pregnancy in the country? Drawing from literature, case law and general comments/ recommendations and concluding observations of United Nations (UN) treaty bodies, such as the Committee on the Elimination of Discrimination against Women, Committee on Economic, Social and Cultural Rights, Human Rights Committee, and Committee on the Rights of the Child, as well as the regional treaty bodies like the African Commission on Human and Peoples' Rights, and the African Committee of Experts on the Rights and Welfare of the Child, the study found disparities and practical barriers which hampered teenagers from enjoying and accessing sexual and reproductive health information and services, including family planning; knowledge about and use of modern forms of contraception; termination of pregnancy services, antenatal and postnatal care. It also found high incidence of teenage pregnancy was the leading cause of high school dropout rates among girls in the country. Notwithstanding South Africa’s progressive legislation and policy measures, effective implementation of both national and international human rights law standards on teenage pregnancy in South Africa remains a challenge. The South African government should strive towards eliminating all practical and social barriers which prevent girls and teenage mothers’ from access to sexual and reproductive health services. To tackle the disparities and shortages of health care workers, government must hire and train more qualified people, and adopt proper budgetary measures to ensure availability, accessibility and acceptability of resources and services, to strengthen the capacity of the public health care system
Competition, Systemic Risk and Financial Inclusion: Assessing the Adequacy of South Africa’s Merger Control Framework for Navigating Policy Frictions Arising in the FinTech Industry
(University of the Witwatersrand, Johannesburg, 2023) Stathoulis, Maria Olga
An adequacy assessment is conducted through outlining a proposed FinTech competition policy that serves as a yardstick in relation to which the merger control framework is evaluated. The adequacy assessment is informed by whether the merger control framework, in theory, facilitates the implementation of the proposed policy principles that are calculated to aid competition authorities to balance competition, systemic risk, and data protection concerns in a manner that optimises financial inclusion. This research report proposes that the balancing exercise built into the merger control framework, the substantial public-interest grounds that factor in industry-specific policies, and the socio-economic framework within which the public-interest provisions should be considered, will enable the competition authorities to navigate policy frictions arising in the FinTech industry. However, the Minister of Finance’s power to exclude bank mergers from the purview of the merger control framework and the Prudential Authority’s stability-orientated primary objectives, have the potential to undermine competition in the banking sector. Competence and resource constraints aside, regulatory authorities can only be as effective as their mandate is appropriate. To create an appropriate regulatory architecture and optimal jurisdiction allocation, reform permutations that redefine the relationship between the Banks Act 94 of 1990 and the Competition Act 89 of 1998 are suggested. Merger control is as much of a transaction-specific analysis as it is context specific. Therefore, a FinTech-traditional financial market inquiry is recommended to enable the competition authorities and, more broadly, the Intergovernmental Fintech Working Group members, to understand the current state, and trajectory, of the FinTech industry
A constitutionalised approach towards consent and private information on social media platforms: adjudicative subsidiarity and the privacy laws of South Africa
(University of the Witwatersrand, Johannesburg, 2023) Panda, Thabiso
This research inquiry analyses the concept of consent in a social media context, which is a part of the process which individual users have to undergo when affiliating themselves with online social media platforms. The aim of these platforms is to use, collect, process, share and store users’ private personal information. The analysis engages various legislative frameworks such as the common law, statute, and legislation, to adjudicate issues related to the concept of consent – which ought to be informed. If consent is not informed, this analysis highlights the effect(s), by accentuating its negative implications on the constitutional rights of individual users, such as privacy and dignity. The research inquiry starts by examining these constitutional provisions and is followed by applying a rights-based approach to address the nuances concerning consent on online social media platforms. Furthermore, it considers whether an adjudicative subsidiary can be employed to avoid overextending the powers of the Constitution. The inquiry also investigates infringements related to informational privacy and evaluates the legal framework intended to safeguard user information from anticipated risks on online social media platforms. The purpose of the legal framework, involves interrogating non-constitutional sources against the Constitution – by giving effect to the constitutional right to privacy, as well as in part, dignity. These non-constitutional sources aim to address the potential risks of privacy violations that users may encounter consequent to giving consent when joining the online social media platforms. The act of consenting by users on these platforms allows them to exercise their right to autonomy – which has a significant moral role.
The impact of the prioritisation of shareholder interests under the enlightened shareholder value approach on inequality of corporate stakeholders in South Africa
(University of the Witwatersrand, Johannesburg, 2023) Horney, Joshua; Mongalo, Tshepo
Poverty, inequality, and despair are the unfortunate truths for many South Africans. Industrial action seems to be the outlet of frustration, which has always been an expressional tool of exasperated South Africans to air their displeasure with social, economic, and political living conditions. Does the enlightened shareholder value approach share in the blame for such conditions? Does the Companies Act 71 of 2008 sufficiently provide for non-shareholder interests? Or are old company law beliefs and theories still ever-present? This article will dare to uncover exactly that, to illustrate that the common law and by extension statutory law require companies to primarily consider shareholder interests in corporate decision-making. How although the enlightened shareholder value approach adopted by South Africa is a step forward, there is still preservation of the conventional corporate legal enforcement framework. The impact of enriching those who are already financially secure under this original framework has led to the continued impoverishment of other stakeholders i.e. employees, customers, and the communities in which companies operate in as a matter of corporate law. Additionally, an investigation into the practicality of the two-tier corporate system used in Germany and its applicability in South Africa will be conducted. The aim being to extract lessons from this system that could lead to corporate law reform locally. Finally, benefit corporation statutes will be scrutinized, predominantly their application and lack of in South Africa, where same could be a source of enforcement for non-shareholder constituencies. From the outset, the author wishes to explain that the ambit of inequality, in so far as it is mentioned in the title of this piece, is reference to corporate stakeholders’ inequality, rather than the general inequality that, although is a serious issue in South Africa, is not the main focus of this piece.
Extended locus standi for representative complaints in terms of the South African protection of personal information act 4 OF 2013
(University of the Witwatersrand, Johannesburg, 2023) Morwenyane, Emmanuel Letlhogonolo; Andanda, Pamela
The Protection of Personal information Act 4 of 2013 does not seem to provide for lodging of representative complaints in order to vindicate data subjects’ rights in terms of section 73 of the Act. This paper critically analyses the approach taken in the Act and argues that the approach may cause inefficiencies when complaints that arise from the same cause of action or from the same incident are lodged on an individual basis with the Information Regulator. The recent mass data breaches in South Africa have created an incentive for the Act to be amended to provide for representative claims to be lodged in the form of class complaints not only to accommodate the data subjects, but other stakeholders such as the responsible parties themselves who may be affected by the infringement of data subjects’ rights in terms of the Act. By shining a light on cases like Nkala, the research shows how principles of locus standi in class actions can be incorporated into our data privacy legislation in order to facilitate the vindication of rights of data subjects, which may be infringed including data subjects who may not even know about the infringement of their privacy rights. The paper argues for a more liberal approach to be adopted when it comes to class complaints. This will not only improve efficiency when the Information Regulator deals with complaints, which arise from the same cause of action, but also facilitate the administration of justice
The Decriminalisation of Sex Work as a Human Rights Issue in South Africa
(University of the Witwatersrand, Johannesburg, 2023) Khumalo, Thandoluhle
This research report argues that sex work be decriminalised in South Africa to avoid further human rights violations against sex workers, with a particular focus on the human rights violations perpetuated against sex workers during the COVID19 pandemic. To make these arguments the report sets out the background of sex work and the origins of the various laws that have emerged over the years to regulate sex work in South Africa. Further, it investigates how sex work is governed in various countries around the world and uses New Zealand and other African countries as examples of the different approaches to legislating sex work. The report focuses on the effect of the COVID19 pandemic on female sex workers who make up the majority of sex workers. This research report grounds its assertions in the various human rights considerations found in international legal instruments as well as the Constitution of the Republic of South Africa, 1996 (Constitution) as they relate to sex work. The conclusion is that sex work should be decriminalised in South Africa as the current laws that seek to prohibit sex work in South Africa are both unconstitutional and not compliant with international human rights standards
Artificial intelligence and automated decision making under the GDPR and the POPIA
(University of the Witwatersrand, Johannesburg, 2024) Goldman, Gavin David; Zitzke, E.
This analysis considers the concepts of AI and machine learning and examines their reliance on the processing of personal data and the challenges this poses from a data- privacy and human-rights perspective, particularly in relation to profiling. It evaluates the effectiveness of the General Data Protection Regulation (GDPR) and the Promotion of Personal Information Act 4 of 2013 (POPIA) in regulating Automated Decision Making (ADM) and considers the limitations of the right to an explanation under these provisions. The analysis proposes that the current framework of the GDPR and POPIA does not clearly address the issue of explainability and that the focus should shift to providing a data subject with a counterfactual to give practical effect to this right which would better serve data subjects
The constitutional exercise of the right of a bank to cancel its contract with a customer on notice: Revisiting Bredenkamp v Standard Bank of South Africa (SCA)
(University of the Witwatersrand, Johannesburg, 2023) Naidu, Dhahini; Norje, Minette
The enforcement of a valid clause in a contract when determining public policy considerations is the subject of this study. This research report investigates the application of the public policy test for determining the enforceability of a valid contractual clause as established in Barkhuizen.1 After Bredenkamp,2 important legal developments arose in this area of law. In this report, the three Bredenkamp judgments are analysed. This discourse shows that Beadica3 provides clarity on fairness and reasonableness in contracts, but the clarity lacks practicality on how courts should determine cases that raise contractual disputes between the parties. Survé4 and Oakbay5 are discussed to examine the bank’s enforcement of its termination clause and the resultant effect on the client. This research report provides recommendations regarding the approach courts should take when considering the circumstances of the strict (unfair) enforcement of valid contractual clauses. It argues that a more practical guide, and assessment on a case-by-case basis, is prudent for judges when considering the strict (unfair) enforcement of a valid clause. The suggestions ought to allow for a more consistent analysis of the enforcement of contracts and its clauses in South African contract law
Financial assistance for share acquisitions: legal considerations in financing the financial assistance loans through dividends
(University of the Witwatersrand, Johannesburg, 2023) Motha, Siyabonga Njabuliso; Tshepo, Mongalo
In order for a company to successfully exist and carry out its functions, it requires money (capital investment) from investors. A company gets the money that it needs to carry on a business, either from shareholders or lenders of money or, usually, from a combination of the shareholders and money lenders. Accordingly, a company's capital/finances need to be protected from misuse, while allowing the board of directors to make strategic decisions on behalf of the company. The Companies Act 61 of 1973 (the “1973 Act”) demonstrated many deficiencies that were not able to meet all the requirements of modern corporate practices. For example, companies were prohibited from providing financial assistance to acquire their shares. Furthermore, companies were not allowed to declare and pay dividends unless they could demonstrate the availability of distributable profits, which exist only if the company’s assets exceed all of the company's liabilities and its entire issued capital. The failure to meet modern corporate practices was also highlighted by the team of American lawyers who were members of the Section of Business Law of the American Bar Association (hereafter referred to as "the Review Committee”) which provided that modern corporate practice is not to limit to the power of a company to do various things such as financial assistance.1 The new Companies Act 71 of 2008 (hereafter referred to as “the 2008 Companies Act”) changed most of the rules relating to company law in South Africa. Notably, under the 2008 Companies Act, companies are allowed to provide financial assistance and the Companies Act abolished the doctrine of capital maintenance. This report analyses the requirements of financial assistance in terms of section 44. The analysis is done using the latest unreported case as a foundation to highlight the key aspects of financial assistance. Furthermore, most BEE transactions implemented in South Africa are done through financial assistance (using conventional loans), with the BEE shareholder to whom the loan is granted typically utilizing dividends declared and paid by the company to repay the financial assistance. While this research admits that financial assistance is separate from fair consideration, it will also attempt to illustratethat for certain BEE transactions “fair consideration” and the solvency and liquidity test are critical. This paper also considers the connection, if any, between financial assistance and section 1 Committee on Corporate Laws of the American Bar Association’s Section of Business Law, Report on SouthAfrican Companies Act No. 61 Of 1973 and Related Legislation (2001). 46 of the Companies Act (the declaration of dividends by a company) and the implication of using dividends to repay a loan granted by a company in terms of section 44 of the Companies Act.
Protecting South African Employees' Special Personal Information Against Data Breaches
(University of the Witwatersrand, Johannesburg, 2024) Mampa, Kgothatso Lesetja Simon
The widespread use of computers and acceleration of online activity have increased the importance of personal information in modern society. Processing personal information has become an indispensable part of daily life. The (mis)management of personal information in the employment context is particularly concerning because employers also process special personal information (SPI). This research report considers the legal treatment of processing SPI in the world of work in South Africa by identifying and evaluating those provisions of POPIA that could offer employees protection in the event of a data breach. Furthermore, the research examines the effectiveness of those provisions against predetermined criteria in order to establish whether the provisions provide direct employee protection, create an opportunity for the responsible independent authority, namely the Information Regulator (IR), to include protective conditions in respect of processing employee SPI; and whether the provisions eliminate or limit threats to breaches of employee SPI. Sheburi v Railway Safety Regulator is the only known POPIA related case and it is referenced to highlight the ease with which POPIA provisions can be misinterpreted in practice. The case also demonstrates the fallibility of the consent requirement and supports the argument that employees need reinforced protection against the ever-looming threat of data breaches. The key finding of this study is that POPIA was not specifically designed to render full protection to employees in the event of a data breach. However, some of the existing provisions in POPIA render some level of protection. The research concludes by suggesting possible ways to improve the legal protection of employee SPI and ultimately calls for specific regulation of employee SPI in the context of data breaches.

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