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June 2021 (Volume 16, Issue 6)

Hi Paddocks Press fan,

No Panic for Compliance with POPIA
The setting up of the Information Regulator’s office and systems has been delayed by technical glitches, according to the Chairperson, Adv. Nomzamo Zondi. You can see the official statement below:

The short summary is:

  • There will be no deadline for registration of Information officers and Deputy Information Officers
  • No “responsible party” will be held liable for not registering by 30 June 2021
  • The Information Regulation is looking into alternative registration processes and apologised for the anxiety and panic caused by their portal malfunctioning.
  • While the Protection of Personal Information Act will still come into effect on 1 July 2021, the date for applications for “prior authorisation” to process personal information has been extended to 1 February 2022.

The Information Regulator will also be taking over the administration of the Promotion of Access to Information Act from the Human Rights Commission. This makes sense, as the two pieces of legislation are opposite sides of the same coin: the one compelling disclosure of relevant information and the other protecting personal information from exploitation.

If you have already amended your PAIA manual to include your POPIA policies, well done. If not, you don’t have to rush, but you should keep it on the scheme’s agenda. 

Don’t be taken in by the high-pressure sales tactics that threaten you with huge fines if you don’t get compliant immediately, usually offering the services of a professional to draft the documentation. But don’t forget about the POPIA. 

If your scheme does need assistance, talk to your managing agent or a scheme management specialist attorney. If you choose to go to one of the newly-minted general POPIA specialists, make sure they understand scheme management—otherwise, the results may be accepted by the Information Regulator, but in practice, they will be useless.

Prof. Graham Paddock

In this month's edition:

  • South Africa's leading sectional title academic confirms that “no pets” rules are invalid - By Graham Paddock
  • Why you should think twice before bypassing the CSOS dispute resolution procedures - By Auren Freitas dos Santos
Kind regards,
Paddocks Team

NEXT EDITION: Wednesday, 28 July 2021

South Africa's leading sectional title academic confirms that “no pets” rules are invalid
By Graham Paddock

In this article, Graham summarises a recent article by Prof. C. G. van der Merwe, which discusses whether a blanket "no pets" rule in a community scheme will be considered valid.

Read the article

Why you should think twice before bypassing the CSOS dispute resolution procedures
By Auren Freitas dos Santos

In this article, Auren comments on a recent High Court ruling where a complainant went to court without making use of the CSOS dispute resolution processes.

Read the article

Join us for one of our University of Cape Town short courses, presented online throughout South Africa.

UCT Short courses Please contact for more information.

Club questions and answers

With all the interesting questions on the Club, we decided to share the following two with you:

1. How can trustees collect rental income from a tenant if the owner has overdue levies?

2. Is there any law regarding what can be charged for a levy clearance certificate?

Graham and the team are available to answer Community members' questions on the Club discussion forum. Get your questions answered by joining the Club today.

Read this month's Q&A.
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