Nyiko Mathebula

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Associate

Location: Johannesburg

Tel: +27 11 535 8275

Fax:

Email: nmathebula@werksmans.com

ABOUT

Nyiko Mathebula is an Associate Designate practising in the commercial areas of Data Privacy & Cybercrime and Competition Law. His specialisations extend to obtaining approval for mergers and takeovers from the competition authorities in South Africa and throughout Africa, as well as providing advice and opinions on various aspects of, inter alia, market inquiries, cartels, abuses of dominance, and other prohibited practices involving both litigious and non-litigious matters. Nyiko also has experience in data privacy and cybercrime and advises on all aspects of compliance with the Protection of Personal Information Act 4 of 2013 and the General Data Protection Regulation (EU) 2016/697, including conducting specialised data protection compliance audits and providing focused data protection training.

  • Competition
  • Regulatory

Data Privacy and Cybercrime

Nyiko has extensive experience in advising several South African and international clients at both public and private spheres on all aspects of the Protection of Personal Information Act 4 of 2013 ("POPIA") and General Data Protection Regulation 2016/679 ("GDPR"). This includes, but is not limited to –

  • Advising on the interpretation of POPIA and the GDPR;
  • Advising on the interpretation of the Promotion of Access to Information Act, 2000;
  • Conducting POPIA impact assessments, developing data governance compliance frameworks through drafting various policies, procedural guidelines and legal agreements in line with POPIA and the GDPR;
  • Facilitating e-learning programs;
  • Undertaking data mapping exercises within public and private entities; and
  • Publishing several thought leadership articles on the newly promulgated Cybercrimes Act, 2000.

ICT and Telecommunications

Provided legal advice on various pieces of legislation such as the -

  • Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002
  • Electronic Communications Act, 2005
  • Electronic Communications and Transactions Act, 2002

Competition Law

Nyiko focuses on various aspects such as merger control, market inquiries, cartels, and other prohibited practices in both litigious and non-litigious matters. In that regard, he has advised and/or drafted documentation relating to –

  • Negotiating a penalty with the Competition Commission for a failure to comply with the Competition Act;
  • Obtaining approval for small, intermediate, and large mergers from the Competition Authorities;
  • Providing opinions on cartels and abuses of dominance; and
  • General competition law advice.

Nyiko has also published several articles on data privacy, cybercrime, and competition law under the guidance of the Head of the Data Privacy practice area, and director in the Competition practice area at Werksmans, Ahmore Burger-Smidt.

 

  • LLB, University of Cape Town (2019)
  • BSportsScience, University of Pretoria (2016)