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The POPI Act / Sections / Section 78
Section 78

Referral of complaint to regulatory body

Chapter 10 · Enforcement ยท Part A, Complaints

(1) If, on receiving a complaint in terms of section 74, the Regulator considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of another regulatory body established in terms of any law, the Regulator must forthwith determine whether the complaint should be dealt with, in whole or in part, under this Act after consultation with the body concerned.

(2) If the Regulator determines that the complaint should be dealt with by another body, the Regulator must forthwith refer the complaint to that body to be dealt with accordingly and must notify the complainant of the referral.

enforcementchapter 10referraloverlapping jurisdiction
Beyond the text

What this means for your estate

  • If a complaint against your estate really belongs with another regulatory body (for example, a Community Schemes Ombud Service matter that also touches personal information), subsections (1)-(2) let the Regulator refer it there instead, with the complainant notified either way.
Relevant tool

Where a complaint overlaps POPIA and another regulator's jurisdiction, like the CSOS, PopiGuard's records are built to support whichever body ends up handling it.

See PopiGuard for estates →