COVID -19: The World’s Unprecedented Force Majeure, Can I Be Excused From Performing My Contractual Obligations?
In view of most of world economies now living in lockdown, with access only to essential supplies and medical care, the insuperable effect of COVID – 19, is visible in the empty streets and closed shops around the world. The world literally slowed down. Commerce and international business, as we know it is now restricted by harsh measures and extreme disaster management regulations.
The ordinary man in the street cannot always have his disputes resolved in a court of law, because of finances, logistics and time scales. The courts have been brought closer to the population through their having been restructured. Class Actions authorised by the Constitution have made it possible for a class of persons with the same interests to pool their resources and choose one person to take their matter to the courts.
Section 14 of the constitution of the Republic of South Africa, provides that every person has the right to privacy in order to secure this right.
Protection of Personal Information Act No.4 of 2013(POPI) came into operation in 2014. The act, inter alia provides for the institutional regulator and defines a “data subject” i.e. a person whose information is in someone else’s electronic data.