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the course of his duties, as confidential), and offences by witnesses (e.g. failure to
attend and give evidence when summoned to do so).
Penalties: Any person convicted of an offence in terms of POPIA (as listed above),
will be liable to penalties which range from R1 million and/or 1 year imprisonment to
R10 million and/or 10 year’s imprisonment – depending on the severity of the offence.
Administrative fines of up to R10 million may be imposed by the Information Regulator
on the Responsible Party – as set out in an infringement notice.
A Responsible Party may also be subject to a civil claim for damages brought by a data
subject (or the Information Regulator at the request of the data subject), in terms of
Section 99, as well as reputational damage. Section 99 applies irrespective of whether
there is intent or negligence on the part of the Responsible Party.
Directors may also be declared unfit to serve as a director in terms of the Companies Act
(no. 71 of 2008). Failure to execute the required POPIA risk assessments and policies by
a Responsible Party (which ultimately becomes the responsibility of the board) can result
in an Administrative fine and potential liability claims against directors and officers.

REMEDIES AND ENFORCEMENT

The Act provides for statutory remedies and regulatory bodies, using a system of
administrative enforcement in place of criminal sanctions to ensure compliance.
Minority shareholders and other stakeholders, such as employees have protection,
powers and remedies under the Act, including the ability to bring class actions.
Any stakeholder, including a shareholder, has free recourse to lay a complaint against a
director or company with the Companies Tribunal.
Sections 20 and 218 of the Act enable shareholders to sue directors/officers for civil
damages, or any losses suffered by them (civil liability).
Restraining Orders
Section 20(4): One or more shareholders, directors or prescribed officers or trade union
representing employees of the company may apply to the High Court for an appropriate
order to restrain a company from doing anything inconsistent with the Act.
Section 20(5): One or more shareholders or directors or prescribed officers may apply
to the High Court for an appropriate order to restrain the company or its directors from
doing anything inconsistent with any of the limits, restrictions or qualifications of the MOI,

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