Lee Swales

Lee Swales

LLB, LLM, PhD

Director

Lee Swales is an attorney and Director in the commercial and corporate department. He holds a Bachelor of Laws (LLB) degree from the University of KwaZulu-Natal (summa cum 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.  Lee has also assisted the National Prosecuting Authority with development of training material for prosecutors.  

Lee’s recent academic publications, which include several analysing data protection and the Protection of Personal Information Act (POPIA), include:

  • L Swales ‘The Protection of Personal Information Act 4 of 2013 in the Context of Health Research: Enabler of Privacy Rights or Roadblock?’ Potchefstroom Electronic Law Journal 2022 (25) 1–32.
  • L Swales ‘Electronic signatures: Where to next?’ Journal of South African Law 2022 (1) 76 – 91.
  • L Swales, D Thaldar & D Donnelly ‘Why research institutions should indemnify researchers against POPIA civil liability’ South African Journal of Science 2022 118(3/4) 1 – 3.
  • L Swales ‘The Protection of Personal Information Act and data de-identification’ South African Journal of Science 2021 117(7) 1 – 3.
  • L Swales & A Bellengère ‘A blended learning approach to teaching Electronic Evidence’ in Teaching Evidence Law: Contemporary Trends and Innovations 2020 1st ed 135 – 148.
  • L Swales ‘Electronic and Cyber Evidence’ in A Bellengère et al (eds) The Law of Evidence in South Africa 2019 2nd ed 120 – 156.
  • L Swales ‘An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part One’ Potchefstroom Electronic Law Journal 2018 (21) 2 – 30.
  • L Swales ‘An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part Two’ Potchefstroom Electronic Law Journal 2018 (21) 2 – 34.
  • L Swales ‘Electronic instruments – a presumption of reliability, a presumption of regularity, judicial notice, or none of the above?’ South African Journal of Criminal Justice 2018 (2) 189 – 211.
  • L Swales ‘Protection of personal information: South Africa’s answer to the global phenomenon in the context of unsolicited electronic messages (spam)’ 2016 South African Mercantile Law Journal 28(1) 49.
  • A Bellengère & L Swales ‘Can Facebook ever be a substitute for the real thing? A review of CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens 2012 (5) SA 604 (KZD)’ 2016 Stellenbosch Law Review 27(3) 454.
  • L Swales ‘The regulation of electronic signatures: time for review and amendment’ 2015 15 (2) South African Law Journal 259.

Practice Areas