Lee Swales Attorney

25/12/2022

05/08/2022

The recent defamation trial involving Coleen Rooney and Rebekah Vardy (both wives of famous footballers), has once again put a spotlight on naming and shaming on social media.

Despite continual warnings and high-profile cases in the media, this is something we continue to see.

In my most recent blog, I discuss the consequences of naming and shaming on social media in terms of South African law.

If you follow international legal news, you may have noticed that on Friday 29 July 2022 judgment was handed down in the high-profile defamation case between Rebekah Vardy and Coleen Rooney.  …

01/06/2022

Today marks the start of my new role at Livingston Leandy Incorporated, back on my home soil in Durban, South Africa. I join this awesome team, as a Director in the commercial department and thoroughly look forward to this exciting next phase in my career.

A big thank you to the amazing team at Centrica in the UK, where I spent the last 6 months as a Legal Advisor. It was an amazing and fulfilling experience and I will carry the knowledge gained from this experience with me into this new role.

It’s good to be home 🇿🇦

LLI WELCOMES DR LEE SWALES
(LL.B., LL.M., PhD)

Livingston Leandy is delighted to announce the appointment of Dr Lee Swales, an attorney and Director in our commercial and corporate department.

Lee holds a Bachelor of Laws (LLB) degree from the University of KwaZulu-Natal (summa cm laude), a Master of Laws (LLM) degree from the University of the Witwatersrand, and a Doctor of Philosophy (PhD) degree from the University of Cape Town. After completing articles of clerkship at a large Johannesburg law firm at the end of 2008, he was admitted as an attorney of the High Court in 2009.

Lee primarily practices in the corporate and commercial environment and provides advice on all forms of contract and compliance, as well as advice in relation to restructures, mergers and acquisitions – including drafting, review, and due diligence. Lee has significant corporate and commercial experience, in South Africa and London, involving the negotiation and drafting of large cross border transactions. With a focus and background in technology, Lee also provides advice on all aspects of data protection and cyber-crime.

Lee is a Research Fellow at the School of Law, University of KwaZulu-Natal where he is a subject specialist in contract law and cyber law. In addition, Lee sporadically facilitates lectures for the South African Judicial Education Institute and for the Law Society of South Africa.

16/07/2021

Looting, incitement and treason - what next? We wait to see how SAPS and the National Prosecuting Authority act. We need swift and decisive action.

Discussion pertaining to the recent looting and violence in KZN.

14/07/2021

Please don't share information unless you know it to be accurate and true. So many fake messages around. A brief overview on the recent "don't sign the 'declaration' for a State of Emergency" message (spoiler alert: it is misinformed and misleading).

State of emergency versus state of disaster. Fake news.

04/06/2021

It seems most of us are in data privacy mode with the POPIA compliance date of 1 July around the corner.

If data de-identification is something that interests you (and admittedly, this is not everyone's cup of tea!) my commentary in the South African Journal of Science was published today, it is available here:

The Protection of Personal Information Act and data de-identification Lee Swales School of Law, University of KwaZulu-Natal, Durban, South Africa https://orcid.org/0000-0002-4030-1874 DOI: https://doi.org/10.17159/sajs.2021/10808 Keywords: anonymisation, pseudonymisation, GDPR, personal information,...

02/06/2021

If you are interested in cybercrime, POPIA or information security, Innovation Law Club Africa is facilitating a panel session on 11 June at 5pm. Register free here: https://bit.ly/ILCAPOPIA

01/06/2021

The Cybercrimes Act 19 of 2020 is now on the books!

Last week, on 26 May 2021, the president signed the Bill into law. In terms of section 60 of the Act, it will come into operation on a date fixed by the president in the Gazette. In terms of effective dates, we may see different dates for different provisions of the Act.

I haven't yet seen that Government Gazette with the effective dates and we eagerly await its publication. The Cybercrimes Act, 2020 will significantly change the way cybercrime is regulated in South Africa and will repeal the current position set out in the Electronic Communications and Transactions Act, 2002.

In simple terms, change ahead in South Africa in how cybercrime is regulated and the infrastructure around it.

A full copy of the Cybercrimes Act, 2020 can be found here:

04/02/2021

Be cautious with the information in posts such as this. Comments which seek to engage on the content and which disagree with the interpretation taken in the article are swiftly deleted.

I cannot say with certainty that my interpretation is the one that government and law enforcement will favour - but those in the wedding industry should be armed with all the facts and make informed decisions. There are risks, and there will remain risks until such time as the regulations clearly allow weddings, or until government comment decisively.

In the interim, debate around this grey area should be encouraged and dialogue with government opened.

Also, remember that SAPS doesn’t make the law, they enforce it. And that SAPS around the country may well have different interpretations- particularly when the concept of a social gathering is not defined. The main message: proceed with caution until we have clarity ⚠️

Yes! Weddings are permitted 😍😍

*A MUST READ ARTICLE! Let's answer the BIG Question "Is a Wedding a Gathering or a Social Gathering or a Faith-based Gathering?" And are weddings permitted now?

Click here to read:

https://everythingandwedding.co.za/yes-weddings-are-permitted-now/

03/02/2021

Me again! A short summary of the adjusted level 3 lock-down regulations in relation to wedding celebrations and gatherings at faith-based institutions. Summary: can I have a wedding? Still no...

Gatherings at faith-based institutions are permitted, but social gatherings are still prohibited. Can I have a wedding? No.

01/02/2021

To surf or not to surf? Lockdown regulations, surfing and the beach closure.

Brief discussion about whether it is legal to surf, definition of beach, and closure of beaches in Alert Level 3 lockdown.