Legal Articles

The Labour Laws Amendment Act 10 of 2018 (LLAA) amended the Basic Conditions of Employment Act 75 of 1997 with regards to categories of leave, as well as unemployment insurance (UIA). It introduced the parental, adoption and commissioning parental (surrogacy) leave. This means that employees are now legally entitled to these types of leave in suitable circumstances. While maternity leave is for female employees who give birth, parental leave is much broader and is inclusive of fathers in heterosexual relationships, females in same sex relationships, or males in same sex relationships. 

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The Cybercrimes Act 19 of 2020 was signed into law in May 2021, and will become effective on the commencement day identified once published in the gazette. The Act seeks to improve security in the cyberspace by codifying activity identified as offences and requiring entities that store communication and financial information to report any activity that amounts to criminality. The need for such a law resonates with the growing use of cyber systems, programs, and applications. In other words there is growing presence of users on the cyberspace everyday and in turn, increase in criminal activity is a natural result.

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Since the signing into law and commencement of the Labour Laws Amendment Act 10 of 2018 (LLAA), employees are now entitled to adoption, parental and commissioning parental leave (surrogacy) as per the amended Basic Conditions of Employment Act 75 of 1997 (BCEA). 

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While the Cybercrimes Act 19 of 2020 seeks to combat cyber crimes, the Protection of Personal Information Act 4 of 2013 (POPIA) seeks to protect the privacy of personal information gathered and processed by responsible parties.

In this brief article, we will consider the interaction between these two pieces of legislation. 

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