AGRICULTURAL

Marketing of Agricultural Products Act: Wine Industry: Continuation of Statutory Measures and Determination of Guideline Prices

Marketing of Agricultural Products Act: Establishment of statutory measure and determination of a differentiated levy on planted hectares for funding of an integrated area wide fruit fly control programme in specified production areas

Marketing of Agricultural Products Act: Continuation of statutory measures in respect of milk and other dairy products

Agricultural Product Standards Act: Approved inspection fees for 2026: South African Meat Industry Company

Agricultural Product Standards Act: Fruit Industry: Request for Statutory Measure for funding of area-wide Bactrocera Dorsalis Eradication Programme in specified production areas in Eastern Cape, Western Cape and Northern Cape: Comments invited

Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act: Prohibition on use of certain Agricultural Remedies

ELECTRONIC COMMUNICATIONS

Electronic Communications Act: International Mobile Telecommunications (IMT) Roadmap: Comments invited

Electronic Communications Act: Policy Direction to the Independent Communications Authority of South Africa on Broad-Based Black Economic Empowerment

ENVIRONMENTAL

National Environmental Management: Waste Act: National Waste Management Strategy 2026: Comments invited

National Water Act: Regulations: Protection and management of groundwater resources: Comments invited

National Environmental Management: Waste Act: Regulations: Procedure to be followed by persons called upon to apply for a waste management licence

National Water Act: Raw water use chargers for 2026/27 Financial Year

National Water Act: Regulations Management and control of Government Waterworks and Surrounding state-owned land: Comments invited

FINANCE

Financial Intelligence Centre Act: Directive 10 on geographic locations of head office, branch and subsidiaries: Comments invited

Financial Sector Regulation Act: General Finance Laws (Official Benchmarks and Procurement) Amendment Bill: Explanatory summary: Extension of deadline for comments

General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill:Draft

Revenue Laws Amendment Act 6 of 2025 (English / Afrikaans) Act 6 of 2025

Public Finance Management Act Rate Of Interest On Government Loans From 1 January 2026

Financial Markets Act: JSE Interest Rate and Currency Derivatives Rules: Central Securities Depository (CSD) Naming Convention: Approved amendments

Financial Markets Act: JSE Debt and Specialist Securities Listing Requirements: Central Securities Depository (CSD) Naming Convention: Approved amendments

Public Finance Management Act: Exemption: Durban container terminal pier 2 – special

Jooste associate jailed for Steinhoff fraud

MSC Cruises faces complaint over ‘misleading R1 promotional offer’

Masedi Tlhong: Competition Law Exemptions Offer A Lifeline To SA’s Ferrochrome Industry

Tholo Energy Services CC v Commissioner SARS

Trust tax deadline: Penalties for late filers

Strengthening the Financial Intelligence Centre: New lifestyle audit powers unveiled

Publication For Comment: Draft General Laws (Anti-Money Laundering And Combating Terrorism Financing) Amendment Bill, 2025

New parental leave ruling redefines family roles in male-dominated industries

Process to be followed following the receipt of public comments on the draft Bill

AGRICULTURAL

LAW AND TYPE OF NOTICE

FERTILIZER, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES ACT:

Regulations: Amendment: Comments invited

G 53956 GoN 6998

– Comment by 16 Feb 2026

16 January 2026

APPLIES TO: 

1. Animal Feed Manufacturers (High Impact)

These regulations directly govern all aspects of manufacturing, composition, packaging, hygiene, quality systems, and labelling of:

• Livestock feed manufacturers
• Poultry feed manufacturers
• Swine feed manufacturers
• Ruminant feed producers (dairy, beef, sheep, goats, game)
• Aquaculture feed manufacturers
• Horse feed manufacturers
• Exotic animal feed producers (ostrich, crocodile, zoological feeds)

Manufacturers must comply with strict HACCP/GMP, facility, hygiene, equipment, and quality‑control rules.

2. Pet Food Manufacturers (High Impact)

Producers of:

• Complete pet foods (dogs, cats)
• Complementary pet foods (treats, mixers, chewables)
• Supplement pet foods

Must comply with detailed nutritional adequacy, labelling, ingredient, shelf‑life, and scientific substantiation requirements.

3. Importers & Exporters of Animal Feeds (High Impact)

Any organisation importing or exporting:

• Farm feeds
• Raw feed materials
• Feed additives
• Pet food
• Medicated feed
• Feed ingredients

Must comply with port‑of‑entry restrictions, labelling, registration, import permits, and conformity with local compositions and safety standards.

4. Raw Material & Ingredient Suppliers

Suppliers of:

• Cereal grains
• Plant proteins (soya, sunflower, canola meal etc.)
• Animal proteins (fishmeal, poultry meal, by‑products)
• Oils & fats
• Roughage products
• Vitamins & minerals
• Feed additives (technological, sensory, nutritional, zootechnical)

Are affected through composition, contamination limits, registration, restricted‑substance controls, and mandatory quality specifications.

5. Feed Additive Manufacturers & Suppliers

Producers and sellers of:

• Enzymes
• Probiotics, prebiotics
• Vitamins & mineral premixes
• Amino acids
• Antioxidants
• Stabilizers, emulsifiers
• Mycotoxin binders

Must register products, comply with additive class definitions, and meet safety/tolerance limits.

6. Premixture Manufacturers

Producers of:

• Vitamin/mineral premixes
• Additive premixes for commercial feed mills

Must maintain reference samples, quality control, and registration for each premix

SUMMARY

The Department of Agriculture, Land Reform and Rural Development has proposed a full overhaul of South Africa’s regulations governing farm feeds, raw materials, feed additives, pet foods, and associated manufacturing processes under the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947.

These new regulations significantly expand, modernise, and tighten controls across the entire animal feed and pet food supply chain, from ingredients and formulation to manufacturing, importation, labelling, safety management, sampling, quality control, and marketing.

1. Modernised Regulatory Framework

The regulations introduce a comprehensive, updated system for the registration, approval, labelling, advertising, manufacture, storage, and sale of all animal feeds and pet foods.

This includes:

• Clear definitions for all feed categories, ingredients, additives, and nutritional terms.
• A strengthened registration regime with strict documentation, testing, and professional verification requirements (animal scientists, veterinarians, pharmacists).
• Three‑year renewable registration periods tied to quality and compliance standards.

2. Stronger Quality, Safety & Manufacturing Standards

The regulations impose extensive quality control and safety requirements, including:

• Mandatory GMP (Good Manufacturing Practices) for livestock feed manufacturers.
• Mandatory HACCP food‑safety systems for pet food manufacturers.
• Detailed requirements for facility design, hygiene, pest control, ventilation, drainage, equipment calibration, and contamination prevention.
• Obligatory traceability systems, batch identification, and full documentation for at least five years.
• Companies must maintain robust recall procedures, capable of responding within four hours.

These requirements align South African feed production with international food‑safety standards.

3. Updated Labelling & Packaging Requirements

All livestock feed, pet food, raw materials, supplements, and additives must comply with strict new labelling rules, including:

• ingredient lists,
• guaranteed analyses,
• nutrient minimums/maximums,
• batch numbers & shelf‑life dates,
• GMO declarations,
• feeding instructions based on energy requirements,
• warnings for hazardous ingredients (e.g., NPN/urea),
• substantiation for claims (e.g., “natural,” “premium,” meat content %, health claims).

Pet food receives particularly detailed attention, including graphic/pictorial rules, nutrient tables, and substantiation for veterinary or functional claims.

4. Stricter Ingredient & Additive Controls

The regulations create a stronger framework for:

Permitted Raw Materials & Additives

• All raw materials, additives, and ingredients must meet defined specifications.
• Additives are classified into technological, sensory, nutritional, and zootechnical categories.

 Prohibited Ingredients

A detailed list bans certain materials such as:

• faeces, urine, untreated poultry litter,
• mammalian protein in ruminant feeds,
• xylitol (pet foods),
• untreated waste,
• specific toxins and contaminants.

Undesirable Substances

Maximum allowable levels are set for:

• heavy metals,
• mycotoxins,
• pesticides,
• dioxins/PCBs,
• harmful plant toxins,
• microbiological contaminants.

Restricted substances may only be used with Registrar approval, following risk assessments.

5. Regulation of Imports & Advertising

Imports

• Feed imports are restricted to approved ports of entry.
• Imported feeds must bear the same labelling as locally produced products.

Advertising Controls

• Only registered feeds may be advertised.
• Advertisements must not be misleading or therapeutic in nature.
• Government endorsements are prohibited unless verified.

6. Inspection, Sampling & Analysis

The regulations provide detailed procedures for:

• Annual inspections of manufacturing sites.
• Random sampling protocols for both packaged and bulk feeds.
• Laboratory analysis must be performed by SANAS‑ or ILAC‑accredited laboratories.
• Defined acceptable ranges for analytical variation in nutrients and additives.

7. Species‑Specific & Product‑Specific Standards

The regulations contain extensive nutrient requirement tables for:

• Dairy, beef, sheep, goats, game, poultry, pigs, horses, crocodiles, fish
• Pet animals: dogs & cats (adult, puppy/kitten, reproduction)

The tables specify:

• minimum/maximum nutrient levels,
• energy standards,
• amino acid profiles,
• mineral and vitamin requirements.

These standards ensure consistency and nutritional adequacy in all registered feeds and pet foods.

8. Transitional & Administrative Provisions

• Previous regulations (2006 & 2010 versions) are repealed.
• The new regulations come into effect six months after publication, except Regulation 19 on undesirable substances, which is effective immediately.

Overall Significance

These amended regulations represent the most comprehensive reform to South Africa’s feed and pet food regulatory system in decades, aiming to:

• modernise feed quality and safety standards,
• align with international norms (HACCP, GMP, ISO),
• strengthen consumer and animal safety,
• enhance traceability and accountability,
• regulate ingredients and contaminants more strictly,
• ensure scientific validation of nutrition and claims.

They impose substantial new obligations on manufacturers, importers, raw material suppliers, laboratories, and retailers, while improving protection for consumers, animals, and the agricultural sector.

EXPLAINED AND UNPACKED

NOTICE (Introductory Text)

The Minister of Agriculture invites public comment on proposed amendments to the Farm Feeds Regulations under Act 36 of 1947. Submissions must be made within 30 days.

DETAILED REGULATION SUMMARY

Definitions

Extensive definitions for all components of the farm feed and pet food regulatory system including:

• feed types (complete, complementary, supplementary, concentrate),
• ingredients, additives, raw materials,
• manufacturing terms (batch, GMP, HACCP),
• pet food terms,
• undesirable substances, restricted substances,
• professional roles (animal scientist, vet, pharmacist).

These definitions underpin all regulatory requirements.

PART I — Registrations

(Applications, approvals, amendments)

 Section 2 — Application for Registration or Amendment

Sets out what must be included in applications:

• forms, labels, packaging, composition, analysis certificates,
• sign‑off by recognised professionals,
• samples,
• manufacturing facility compliance (GMP, HACCP, ISO),
• daughter registrations and administrative amendments,
• procedures for changes in company ownership.

Section 3 — Approval of Registration

Registrar must approve if:

• feed is safe, effective, compliant,
• ingredients are permitted,
• facility is suitable,
• label and packaging meet requirements.

Section 4–5 — Refusal & Corrections

Registrar may refuse registration for non‑compliance and gives applicants 30 days to correct deficiencies.

PART II — Registration Validity and Renewal

Section 6–7 — Validity and Renewal Process

• Registration valid until 31 March of a 3‑year cycle.
• Renewal requires proof of payment, up‑to‑date labels/samples, analysis, and compliance proof.
• Late renewal allowed within 30 days with penalties.

Section 8 — Conditions of Registration

Feed composition must remain within the allowable analytical deviation (Table 13).
Label may not change without approval.

Section 9 — Return of Certificate

Registration certificates must be returned when:

• cancelled,
• lapsed,
• transferred to another holder.

PART III — Labelling and Containers

Sections 10–12 — Containers & General Labelling

Animal feeds and pet foods must include:

• trade name;
• registration number;
• feed type/class;
• ingredients and guaranteed analysis;
• nutrient minimum/maximum requirements;
• warnings, batch number, shelf‑life date;
• address of registration holder/manufacturer;
• GMO declarations.

Special rules apply for:

• NPN feeds,
• medicated feeds,
• additives and stock remedies.

Pet Food Labelling Requirements

Pet food labels must include:

• feeding guidelines based on metabolizable energy,
• nutrient guarantees, ingredient declarations,
• claim substantiation (premium, “with meat”, “natural”, urinary health claims),
• strict graphics/pictorial rules,
• shelf‑life evidence for wet, semi‑moist, and raw pet food.

PART IV — Imports

Only legal commercial ports may be used.

Imported feeds must meet all local labelling requirements.

Registrar may approve imports via alternative ports under special conditions.

PART V — Advertising

Sections 14–15

• Only registered feeds may be advertised.
• Advertisements must align with approved label data.
• Prohibits misleading or therapeutic claims.
• Must include registration number, registered name, and caution to read the label.

PART VI — Manufacturing Establishments

Sections 16–17 & Extended Requirements (Pages ~24–41)

Very detailed rules covering:

• Site & facility design: hygiene, drainage, ventilation, lighting, pest control.
• Equipment standards: calibration, maintenance, contamination prevention.
• Personnel hygiene: training, protective clothing, health controls.
• Production controls: mixing accuracy, homogeneity testing, cross‑contamination control.
• Quality control systems: QC plan, sampling, HACCP, GMP.
• Raw material management: vendor assurance, specifications, hazard control.
• Storage and transport: segregation, traceability, temperature control.
• Traceability and recall systems: 5‑year documentation, 4‑hour recall capability.
• Internal audits and corrective actions.

PART VII — Restricted & Undesirable Substances

Section 19–20

• Sets maximum allowable levels for undesirable substances (see Annexure 1).
• Some substances require Registrar permission for restricted use.
• Requirements for medicinal substances added to animal feeds.
• Mandatory reporting of risks or non‑compliance.

PART VIII — Inspections

Sections 21–23

• Annual inspections by delegated officers.
• Random sampling and verification of CCPs, hygiene, storage and manufacturing records.
• Sampling methodology for both packaged and bulk feeds.
• Laboratory analysis must be done by SANAS/ILAC‑accredited labs.

PART IX — Requirements for Animal Feeds

Section 25–33

Regulations for:

• registration criteria,
• urea/NPN limitations,
• prohibited ingredients (Table 1),
• nutrient requirements per species and life stage (Table 2),
• requirements for raw materials, additives, premixtures, custom mixes,
• detailed requirements for complete feeds, pet foods, complementary foods, and supplements (Tables 3–12).

PART X — Invoices

Section 34

Invoices for non‑packaged feeds must include:

• seller and buyer details,
• date, quantity,
• all label information.

Copies must be kept for 2 years.

PART XI — General

Section 35–37

• Non‑compliance is an offence with penalties under Act 36 of 1947.
• Fees and postage are the applicant’s responsibility.
• Submission addresses for all regulatory documents provided.

PART XII — Appeals

Sections 38–39

Outlines the appeal process for decisions made by the Registrar, including affidavit requirements, timelines, and submission addresses.

Amendment & Repeal (Section 40)

Repeals earlier regulations from 2006, 2010, 2010 (R.70 and R.552), and 2010 (R.789) and undesirable substance regulations (R.70 of 2010).

Short Title & Commencement (Section 41)

Regulations called “Regulations Relating to Farm Feeds, 2025.”
They come into effect 6 months after publication (except Regulation 19, which is effective immediately).

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act: Regulations: Amendment: Comments invited

G 53956 GoN 6998

– Comment by 16 Feb 2026

16 January 2026

53956gon6998.pdf

ACTION

Ensure that you submit your comments before 16 February 2026

LAW AND TYPE OF NOTICE

MARKETING OF AGRICULTURAL PRODUCTS ACT

Wine Industry: Continuation of Statutory Measures and Determination of Guideline Prices

G 53901 GeN 3714

24 December 2025

WHAT IS THIS ABOUT

Overall Purpose

This Government Gazette notice formally extends the existing statutory measures (levies) on the South African wine industry

This notice continues existing levies and regulations for South Africa’s wine industry under the Marketing of Agricultural Products Act for another four-year period (1 January 2026 to 31 December 2029).

It means:

• Statutory measures (e.g., levies on wine grapes or sales) remain in force to fund industry activities — like research, transformation, promotion, and quality assurance.

• Guideline prices are set as reference prices to help ensure fair transactions between producers and buyers.

• Continuation whilst there have been adjustments to levies and prices, there have been no major new changes — just extension of current rules, so wineries and grape growers must keep complying as before.

IN A NUTSHELL

Key Link Between Registration and Other Obligations:

·       Registration is the gateway. You cannot fulfill levy payment or declaration obligations correctly without being registered, as your unique identifier links all your data and payments.

·       Levy Calculation depends on data tied to your registered entity (e.g., your registered vineyard area or cellar capacity).

·       Enforcement of measures is applied to registered persons.

In essence: Notice 3714 of 2025 continues a system where Registration → Declaration → Levy Payment is the standard compliance chain for affected persons.

SUMMARY BY SECTION/REGULATION

1.     Continuation of Statutory Measures (Sections 2-4)

·       Legal Basis: Done under the Marketing of Agricultural Products Act (1996).

·       Key Action: The existing statutory measures, first implemented in 2020, are continued for four more years (1 Jan 2026 – 31 Dec 2029).

·       Administrating Body: VinPro is confirmed as the designated industry trust responsible for collecting and administering these levies on behalf of the wine industry.

·       Objective: To fund essential generic (non-brand-specific) services for the sector, including:

o   Research & Viticulture: Technical and viticultural support.

o   Transformation: Promoting equity and development within the industry.

o   Information & Statistics: Market analysis, data collection, and dissemination.

o   Communication & Promotion: Generic marketing and communication activities.

2. Determination of Guideline Prices for 2026 (Section 5 & Schedule)

This is the annual price-setting mechanism used as a basis for calculating levies.

·       Purpose: The “guideline price” is a maximum price per ton used to calculate the levy amount payable by producers.

·       For the 2026 Harvest: The Minister of Agriculture sets the following maximum guideline prices:

o   Wine Grapes: R 9,800 per ton

o   Grape Juice for Wine: R 7,500 per kilolitre

·       Levy Calculation: The actual levy is a percentage of this guideline price. The specific percentages for different funds (e.g., Transformation, Research) are set in separate VinPro schedules.

3. Financial Administration and Reporting (Sections 6-8)

·       VinPro’s Duties: VinPro must:

o   Open and maintain separate, audited bank accounts for the levy funds.

o   Keep detailed records and prepare annual financial statements.

o   Submit an Annual Report to the Minister and the Statutory Measure Committee, including audited financials and a detailed implementation report.

·       Audit & Access: VinPro’s records are subject to audit by the Director-General of Agriculture, and the Minister can demand additional information at any time.

4. Obligations and Penalties (Sections 9-12)

·       Who Pays: The levies are payable by producers (wine grape growers) and processors(winemakers/cellars who buy grapes or juice).

·       Collection Point: Processors/cellars must deduct the levy from payments to grape growers and are responsible for remitting both their own and the collected levies to VinPro.

·       Penalties for Non-Compliance: Failure to pay levies, submit returns, or grant access to records is an offense. Upon conviction, a person can be fined or imprisoned for up to two years.

5. Schedule of Guideline Prices

·       This tabular schedule formally lists the determined maximum prices for 2026:

o   Wine grapes: R 9,800/ton

o   Grape juice for wine: R 7,500/kilolitre

KEY TAKEAWAYS

1.     Continuity: The wine industry’s self-funding model for generic services is extended for another 4-year term.

2.     Financial Certainty for 2026: The maximum levy base prices for the upcoming harvest are set at R 9,800/ton for grapes and R 7,500/kL for juice.

3.     Mandatory System: Payment of the levies is a legal obligation for all registered role players, with serious penalties for non-compliance.

4.     Oversight: While administered by industry body VinPro, the system is subject to strict government oversight and reporting requirements.

WHAT YOU MUST DO TO COMPLY

If you’re in the wine industry (producer, processor, exporter):

1.     Register and Pay prescribed levies — Register with the SAWIs and check the latest levy rates per ton of grapes or per litre of wine.

2.     Use guideline prices as a benchmark in sales contracts — though not legally binding, they inform fair pricing.

3.     Keep records of sales, levy payments, and transactions for audits by the Wine Industry Trust or relevant authority.

4.     Submit required information (e.g., crop estimates, sales data) to the industry bodies as specified.

5.     Stay updated — any future amendments to statutory measures will be gazetted; monitor industry communications.

APPLIES TO: 

GRAPE, WINE AND BRANDY INDUSTRY

1. Wine Producers

• Any person or business that crushes grapes to produce wine.
• They are subject to registration, returns, and payment of levies (research, development, information, and brandy levy if applicable).

2. Wine Traders

• Businesses that purchase grapes, wine, or wine spirit in bulk from wine producers.
• They must register, keep records, and pay levies on grapes, grape juice concentrate, and wine acquired.

3. Grape Producers

• Farmers growing grapes intended for wine production.
• They must register and render returns.

4. Bottlers

• Companies providing bottling, blending, filtering, labeling, and storage services for wine producers or traders.
• They must register and submit returns.

5. Wine Exporters

• Businesses exporting drinking wine from South Africa.
• They are subject to the export levy and registration requirements.

6. Brandy Producers

• Entities producing brandy from distilling wine or wine spirit.
• They pay the brandy levy and comply with registration and returns requirements.

7. S A Wine Industry Information and Systems NPC

• Responsible for administering registration, returns, and collecting levies.

8. South Africa Wine NPC

• Administers research, development, information, export, and brandy levies.

9. Related Service Providers

• Logistics companies handling wine exports.
• Compliance consultants assisting with statutory requirements.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NOTICE 3714 OF 2025

MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996)

WINE INDUSTRY: CONTINUATION OF STATUTORY MEASURES AND DETERMINATION OF GUIDELINE PRICES

I, John Henry Steenhuisen, Minister of Agriculture, acting under sections 13, 15, 18 and 19 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended, hereby –

(a) amend the statutory measures published by Government Notice No. R. 11599 of 30 June 2023 by the replacement with the content in this Schedule;

(b) determine that the said amendments shall come into operation on 1 January 2026; and

(c) determine that the guideline price for –

(i) grapes intended for the production of wine shall be R6 965.00 per ton;

(ii) grape juice concentrate intended for use in wine shall be 833.94 cents per litre at 17.4 degrees Balling;

(iii) drinking wine shall be 818.95 cents per litre;

(iv) distilling wine and wine spirit shall be 254.50 cents per litre at 10 per cent alcohol by volume; and

(v) export wine shall be 818.95 cents per litre.

SCHEDULE

Definitions

1. In this Schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning, and unless the context indicates otherwise:

“bottler” means any person who renders services in respect of bottling, stabilising, blending, filtering, labelling or storage on behalf of wine producers or wine traders, but is not registered as such;

“brandy levy” means the statutory measure referred to in clause 9;

“certified” means granted authorization in terms of a scheme for the use of particular referred to in section 11(3)(a) of the Liquor Products Act, 1989 (Act No. 60 of 1989);

“Department” means the Department of Agriculture;

“drinking wine” includes grape juice used in the production of drinking wine, wine spirit added to drinking wine for fortification or other purposes, wine used in the production of other alcoholic products, low alcohol wine, de-alcoholised wine and alcohol-free wine;

“export levy” means the statutory measure referred to in clause 8;

“export wine” means drinking wine exported from the Republic of South Africa;

“grapes” means grapes intended for the production of drinking wine, industrial or distilling wine;

“grape juice” means grape juice and grape juice concentrate intended for use in drinking wine or other alcoholic products;

“grape producer” means any producer of grapes intended for the production of drinking wine, industrial or distilling wine;

“in bulk” means a container of more than five litres;

“industrial wine” is wine not incorporated or transformed into other alcoholic beverages, such as wine used for vinegar, food, medical products, hand sanitizers, food sauces and household and vehicle cleaning products;

“registration measure” means the statutory measure referred to in clause 5;

“research, development and information levy” means the statutory measure referred to in clause 7;

“returns measure” means the statutory measure referred to in clause 6;

“SA Wine” means South Africa Wine NPC, a non-profit company in terms of the Companies Act, 2008 (Act No. 71 of 2008);

“SAWIS” means the S A Wine Industry Information and Systems NPC, a non-profit company in terms of the Companies Act, 2008 (Act No. 71 of 2008);

“statutory measure” means –

(a) brandy levy;

(b) export levy;

(c) registration measure;

(d) research, development and information levy; and

(e) returns measure

“the Act” means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended;

“uncertified” means not granted authorization in terms of a scheme for the use of particulars referred to in section 11(3)(a) of the Liquor Products Act, 1989 (Act No. 60 of 1989);

“vines” means vines intended for the production of grapes;

“wine exporter” means any person who exports drinking wine who is not registered as a wine producer or wine trader;

“wine producer” means any person who crushes grapes and who is not registered as a wine trader;

“wine spirit” means any spirit derived from wine, wine lees or husks; and

“wine trader” means any person not registered as a wine producer who purchases or otherwise acquires -(a) grapes; or(b) drinking wine, industrial wine, distilling wine or wine spirit, in bulk from a wine producer.

2. Purpose and aims of amendment and continuation of statutory measures and the relation thereof to the objectives of the Act

(1) (a) The purpose and aims of the registration statutory measure are to compel the parties set out herein to register with SAWIS. Registration is necessary to assist SAWIS in ensuring that continuous, timeous and accurate information relating to the products defined, is available to all role players. Market information is deemed essential for all role players in order for them to make informed decisions. By combining compulsory registration with the keeping of information and the rendering of returns on an individual basis, market information for the whole of the industry can be processed and disseminated and will form the basis for the collection of statutory levies.

(b) The continuation of the registration statutory measure will assist in promoting the efficiency of the marketing of wine products. The viability of the wine industry will, thus, be enhanced. The registration statutory measure will not be detrimental to the number of employment opportunities or fair labour practice.

(c) The registration statutory measure will be administered by SAWIS. SAWIS will continue to implement and administer the registration statutory measure as set out in this Schedule.

(2) (a) The purpose and aims of the returns statutory measure is to compel the parties set out herein to keep records and render returns to SAWIS. This is necessary to ensure that continuous, timeous and accurate information relating to the products defined, is available to all role players. Market information is deemed essential for all role players in order for them to make informed decisions. By prescribing the keeping of records with the rendering of returns on an individual basis, market information for the whole of the industry can be processed and disseminated.

(b) The continuation of the returns statutory measure will assist in promoting the efficiency of the marketing of wine products. The viability of the wine industry will, thus, be enhanced. The returns statutory measure will not be detrimental to the number of employment opportunities or fair labour practice. Any information obtained will be dealt with in a confidential manner and no sensitive or potentially sensitive client-specific information will be made available to any party without the prior approval of the party whose rights are affected.

(c) The returns statutory measure will be administered by SAWIS. SAWIS will continue to implement and administer the returns measure as set out in the Schedule.

(3) (a) The objectives of the research, development and information statutory levy are –

(i) to support the wine industry with expertise, enabling it to be cost effective while producing quality wines and other grape based products through the application of environmentally friendly technologies;

(ii) to support the training and education of individuals for the industry

– at all levels in terms of skills, knowledge and insight development

– in order to ensure the practical implementation of the best knowledge and most advanced technologies in viticulture, wine making and other grape based products;

(iii) to establish a culture of technological innovation, to ensure the ongoing utilisation of the best technology within the industry, and to facilitate its dissemination to all the sectors of the industry;

(iv) to facilitate the development of resource poor and previously disadvantaged producers and to improve their access to the market by making leading edge appropriate technology available to such producers;

(v) to establish world leadership in selected niche areas of the wine industry through a network of scientific and technological expertise;

(vi) to commission relevant and thoroughly planned research, technology development and technology transfer in the promotion of the industry’s technological capabilities and in the attainment of the other objectives.

(vii) to fund the registration of industry role players, and ensure the collection and dissemination of information. These measures are necessary to ensure that continuous, timeous and accurate information relating to various products in the wine industry, is available to all role players in order for them to make informed decisions.

(viii) to fund, maintain and further develop an ethical trade system. It will ensure rapid transitioning to a transformed, ethical, just and sustainable environment, which is a key global sourcing requirement to ensure that impacts on workers are positive and developmental rather than negative, contributing to violations, and worker abuse. South Africa’s international markets are having an increased focus on addressing their South African suppliers’ readiness to address the protection of workers and their human rights.

The requirement for exported products such as wine to trade ethically and to participate in the monitoring of labour practices, progress made in development indicators such as skills development leading to transformation through leadership and ownership, harms reduction and identification of potential transgressions, has become a global commercial imperative.

The successful and continuous implementation of ethical labour best practices that both empowers workers to exercise their labour rights and allows for opportunities to create social dialogue between owners and workers to address disputes and remedy abuses is key to the transformation of wine enterprises into successful and sustainable wine business ventures.

(ix) To fund the media and communication function that enables, advocates, and informs stakeholders while building and maintaining the industry’s brand presence locally and globally. The levy will support strategic communication efforts that position South African wine as a world-class product and economic contributor. This includes brand awareness, thought leadership, crisis communication, and stakeholder engagement, all aimed at strengthening the industry’s reputation, fostering a responsible and transformed value chain, and embedding sustainability in all messaging. The focus is on ensuring consistent, aligned, and impactful communication that supports industry priorities and reinforces trust.

(x) To fund advocacy and stakeholder engagement, the levy will support the efforts to influence government policies, legislation, and regulatory frameworks that impact the wine and brandy industry. This includes active engagement with national and international authorities to address issues such as excise tax, liquor legislation, harm reduction, and illicit trade. By fostering strong relationships with government departments, state-owned entities, and industry stakeholders, these efforts aim to create an enabling environment that supports market access, industry growth, and long-term sustainability.

(xi) to fund strategic wine tourism development and industry collaboration, supporting the efforts to position South Africa as the world’s most authentic and diverse wine tourism destination. This includes initiatives that drive visitor growth, promote provenance, and diversify tourism experiences, all guided by sustainable tourism principles. Also to strengthen industry coordination, support product development, and enhance the capacity of the wine tourism team, ensuring alignment with long-term goals for economic growth, environmental responsibility, and global visibility.

(b) The research, development and information levy will not be detrimental to food security, the number of employment opportunities within the economy or to fair labour practice. It is aimed at growing the competitiveness and capacity of the industry concerned.

(c) The research, development and information levy will be administered by South Africa Wine NPC. South Africa Wine NPC will continue to implement and administer the research, development and information levy as set out in this Schedule.

(d) The research, development and information levy will be collected by SAWIS, who will act on behalf of South Africa Wine NPC in this regard. South Africa Wine NPC is the actual beneficiary of the levy who will utilise it in accordance with their business plan.

(4) (a) The objective of the export statutory levy aims at increasing the profit margin for the industry for each focus market. This promotion will enhance the image of South Africa as a quality wine producer and increase opportunities for growth in new markets. It will assist South Africa to remain competitive in the global market place. In addition, it will assist in capacity building among all exporters, in particular SMME’s and BEE’s, and in improving the efficiency of the export process. Furthermore, a portion of the levy is used to fund, the Wineon- Line system, maintaining and further developing the system. The Wine-on-Line system is a free, user friendly, automated export certification process.

(b) The export levy will not be detrimental to food security, the number of employment opportunities within the economy or to fair labour practice. It is aimed at growing the competitiveness and capacity of the industry concerned.

(c) The export levy will be administered by South Africa Wine NPC. South Africa Wine NPC will continue to implement and administer the export levy as set out in this Schedule.

(d) The export levy will be collected by SAWIS, who will act on behalf of South Africa Wine NPC in this regard. South Africa Wine NPC is the actual beneficiary of the levy who will utilise it in accordance with their business plan.

(5) (a) The objective of the brandy statutory levy, brandy being an integral part of the wine industry, is to contribute in creating a transformed and responsible value chain and focus market. An integrated approach in collaboration with the wine industry will create a larger impact on the entire value chain. This is important to empower new entrants into the category and offer support/mentorship to ensure successful launches.

(b) By utilising innovation within the brandy category as well as a strong drive to create relevance to a new consumer base will substantially stimulate the category to ensure market growth and to contribute to the long-term viability and sustainability of the wine and brandy industry as a whole.

(c) The brandy levy will not be detrimental to food security, the number of employment opportunities within the economy or to fair labour practice. It is aimed at growing the competitiveness and capacity of the industry concerned.

(d) The brandy levy will be administered by South Africa Wine NPC. South Africa Wine NPC will implement and administer the brandy levy as set out in this Schedule.

(e) The brandy levy will be collected by SAWIS, who will act on behalf of South Africa Wine NPC in this regard. South Africa Wine NPC is the actual beneficiary of the levy who will utilise it in accordance with their business plan.

3. Products to which statutory measures apply

(1) The registration statutory measure shall apply to grapes, grape juice, drinking wine, industrial wine, distilling wine and wine spirit.

(2) The returns statutory measure shall apply to vines, grapes, grape juice, grape juice concentrate, drinking wine, industrial wine, distilling wine and wine spirit.

(3) The brandy statutory levy shall apply to distilling wine and wine spirit.

(4) The research, development and information statutory levy shall apply to grapes, grape juice concentrate and drinking wine.

(5) The export statutory levy shall apply to export wine.

4. Area in which statutory measures shall apply

The statutory measures shall apply in the geographical area of the Republic of South Africa.

5. Registration statutory measure

(1) (a) All bottlers, grape producers, grape juice producers, wine exporters, wine producers and wine traders shall register with SAWIS.

(b) A person shall have a choice to register as either a wine producer or wine trader, but not both.

(c) A person who is a grape producer as well as a wine producer or wine trader shall register as a grape producer and as a wine producer or wine trader.

(d) Application for registration shall –

(i) be made within 30 days of becoming a party as contemplated in subclause (1);

(ii) be made on the application form obtainable free of charge from SAWIS either in hard copy or electronically, including online access where applicable.

(iii) be submitted, when forwarded by post, to –

SAWIS, P.O. Box 238, Paarl, 7620;

(iv) when delivered by hand, be delivered to –

SAWIS, Main Road 312, Paarl; and

(v) when submitted electronically, be sent to the address and in the format obtainable from SAWIS or done on sawisonline.co.za.

6. Returns statutory measure

6. (1) All bottlers, grape producers, wine exporters, wine producers and wine traders shall keep such records and render the returns as may be required by SAWIS relating to –

(a) vines;

(b) grapes; and

(c) grape juice, grape juice concentrate, drinking wine, industrial wine, distilling wine and wine spirit produced, received, stored, sold, exported or otherwise utilised.

(2) The Department of Agriculture shall render a copy of all export documents required by SAWIS or furnish information required by SAWIS regarding exports within the period specified in subclause (4).

(3) The records referred to in subclause (1) shall –

(a) be recorded electronically on a computer system or manually in ink in a record book; and

(b) be kept at the registered premises of the person required to keep it for a period of at least three years.

(4) The returns referred to in subclause (1) shall be rendered on forms obtainable free of charge from SAWIS, either in physical or electronic format (including online access where applicable), within 15 days after the end of each calendar month and shall –

(a) be submitted, when forwarded by post, to –

SAWIS, P.O. Box 238, Paarl, 7620;

(b) when delivered by hand, be delivered to –

SAWIS, Main Road 312, Paarl; and

(c) when submitted electronically, be sent to the address and in the format obtainable from SAWIS or done on sawisonline.co.za.

7. Research, development and information statutory levy

7. (1) A research, development and information levy is hereby continued to be imposed on –

(a) grapes;

(b) grape juice concentrate; and

(c) drinking wine.

(2) The amount of the research, development and information levy shall –

(a) in the case of grapes, be –

(i) R70.63 per ton for the period 1 January 2026 to 31 December 2026;

(ii) R74.13 per ton for the period 1 January 2027 to 31 December 2027;

(iii) R77.84 per ton for the period 1 January 2028 to 31 December 2028; and

(iv) R81.69 per ton for the period 1 January 2029 to 31 December 2029.

(b) in the case of grape juice concentrate, be –

(i) 10.09 cent per litre at 17,4 degrees Balling for the period 1 January 2026 to 31 December 2026;

(ii) 10.59 cent per litre at 17,4 degrees Balling for the period 1 January 2027 to 31 December 2027;

(iii) 11.12 cent per litre at 17,4 degrees Balling for the period 1 January 2028 to 31 December 2028; and

(iv) 11.67 cent per litre at 17,4 degrees Balling for the period 1 January 2029 to 31 December 2029.

(c) in the case of drinking wine, be –

(i) 10.09 cent per litre for the period 1 January 2026 to 31 December 2026;

(ii) 10.59 cent per litre for the period 1 January 2027 to 31 December 2027;

(iii) 11.12 cent per litre for the period 1 January 2028 to 31 December 2028; and

(iv) 11.67 cent per litre for the period 1 January 2029 to 31 December 2029.

(3) The research, development and information levy shall –

(a) be payable by a wine producer in respect of drinking wine packaged in containers of 5 litres or less; and

(b) be payable by a wine trader in respect of –

(i) grapes;

(ii) grape juice concentrate in containers of more than 5 litres, acquired from a wine producer; and

(iii) drinking wine in containers of more than 5 litres, acquired from a wine producer.

(4) The research, development and information levy shall be payable to SAWIS, acting on behalf of South Africa Wine NPC, in accordance with subclause (5).

(5) (a) Payment of the research, development and information levy shall be made not later than sixty days following the month of delivery of a quantity of grapes, grape juice concentrate or drinking wine, sold, purchased or otherwise acquired.

(b) Payment shall be made by means of an electronic transfer to the bank account obtainable from SAWIS.

8.Export statutory levy

(1) A wine export generic promotion levy is hereby continued to be imposed on export wine.

(2) The amount of the wine export generic promotion levy shall –

(a) in the case of certified bulk export wine, be –

(i) 17.94 cent per litre for the period 1 January 2026 to 31 December 2026, of which 0.75 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(ii) 19.28 cent per litre for the period 1 January 2027 to 31 December 2027, of which 0.79 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(iii) 20.71 cent per litre for the period 1 January 2028 to 31 December 2028, of which 0.83 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system; and

(iv) 22.25 cent per litre for the period 1 January 2029 to 31 December 2029, of which 0.87 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system.

(b) in the case of certified packaged export wine, be –

(i) 21.05 cent per litre for the period 1 January 2026 to 31 December 2026, of which 0.75 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(ii) 22.11 cent per litre for the period 1 January 2027 to 31 December 2027, of which 0.79 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(iii) 23.22 cent per litre for the period 1 January 2028 to 31 December 2028, of which 0.83 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system; and

(iv) 24.38 cent per litre for the period 1 January 2029 to 31 December 2029, of which 0.87 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system.

(c) in the case of uncertified export wine, be –

(i) 17.18 cent per litre for the period 1 January 2026 to 31 December 2026, of which 0.75 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(ii) 18.57 cent per litre for the period 1 January 2027 to 31 December 2027, of which 0.79 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(iii) 20.07 cent per litre for the period 1 January 2028 to 31 December 2028, of which 0.83 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system; and

(iv) 21.69 cent per litre for the period 1 January 2029 to 31 December 2029, of which 0.87 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system.

(3) The wine export generic promotion levy shall be paid by the exporter.

(4) The wine export generic promotion levy shall be payable to SAWIS, acting on behalf of South Africa Wine NPC, in accordance with subclause (5).

(5) (a) Payment of the wine export generic promotion levy shall be made not later than 60 days following the month of export.

(b) Payment shall be made by means of an electronic transfer to the bank account obtainable from SAWIS.

(6) South Africa Wine NPC may, in accordance with criteria determined by it, grant exemption from the payment of the wine export generic promotion levy for a consignment of wine exported if satisfied that such exemption will not frustrate the purpose and aims of this statutory measure.

9.Brandy statutory levy

(1) A brandy levy is hereby imposed on –

(a) distilling wine; and

(b) wine spirit.

(2) The amount of the brandy levy shall –

(a) in the case of distilling wine and wine spirit, be –

(i) 3.48 cent per litre at 10 per cent alcohol by volume for the period 1 January 2026 to 31 December 2026;

(ii) 3.64 cent per litre at 10 per cent alcohol by volume for the period 1 January 2027 to 31 December 2027;

(iii) 3.80 cent per litre at 10 per cent alcohol by volume for the period 1 January 2028 to 31 December 2028; and

(iv) 3.97 cent per litre at 10 per cent alcohol by volume for the period 1 January 2029 to 31 December 2029.

(3) The brandy levy shall –

(a) be payable by a wine producer in respect of –

(i) wine spirit packaged in containers of 5 litres or less;

(ii) wine spirit sold to another wine producer; and

(iii) wine spirit produced by a wine producer and used for fortification of that wine producer’s own drinking wine.

(b) be payable by a wine trader in respect of –

(i) distilling wine and wine spirit, in containers of more than 5 litres, acquired from a wine producer.

(4) The brandy levy shall be payable to SAWIS, acting on behalf of South Africa Wine NPC, in accordance with subclause (5).

(5) (a) Payment of the brandy levy shall be made not later than sixty days following the month of delivery of a quantity of distilling wine or wine spirit sold, purchased or otherwise acquired.

(b) Payment shall be made by means of an electronic transfer to the bank account obtainable from SAWIS.

10. Period of validity

The statutory measures shall continue from 1 January 2026 and lapse on 31 December 2029.

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Wine Industry: Continuation of Statutory Measures and Determination of Guideline Prices

G 53901 GeN 3714

24 December 2025

53901gen3714.pdf

ACTION

1. Registration with SAWIS

• Who: Bottlers, grape producers, grape juice producers, wine exporters, wine producers, and wine traders.

• Action:
  • Register with SAWIS within 30 days of becoming a party to the industry.
  • Use SAWIS forms (available physically or online at sawisonline.co.za).
  • Ensure correct classification (wine producer OR wine trader, not both).

2. Record-Keeping and Returns

• Who: Bottlers, grape producers, wine exporters, wine producers, wine traders.

• Action:
  • Keep accurate records of vines, grapes, grape juice, wine, and wine spirit.
  • Submit monthly returns to SAWIS within 15 days after month-end.
  • Maintain records for at least 3 years (electronic or manual).

3. Levy Payments

• Research, Development & Information Levy:
  • Pay on grapes, grape juice concentrate, and drinking wine.
  • Payment due within 60 days after delivery month.

• Export Levy:
  • Pay on export wine (bulk, packaged, certified/uncertified).
  • Payment due within 60 days after export month.

• Brandy Levy:
  • Pay on distilling wine and wine spirit.
  • Payment due within 60 days after delivery month.

• Action:
  • Calculate levy amounts based on the schedule (2026–2029 rates).
  • Make payments via electronic transfer to SAWIS.

4. Compliance with Ethical and Sustainability Requirements

• Prepare for audits and reporting on ethical trade, fair labor practices, and sustainability initiatives.
• Align operations with transformation and wine tourism development goals.

5. Monitor Guideline Prices

• Use the guideline prices for grapes, grape juice concentrate, drinking wine, distilling wine, and export wine as reference for contracts and negotiations.

6. Internal Communication & Training

• Inform finance, compliance, and operations teams about new statutory measures.
• Train staff on record-keeping, levy calculation, and reporting deadlines.

7. Engage with SAWIS and South Africa Wine NPC

• Confirm registration status.
• Obtain banking details for levy payments.
• Stay updated on any exemptions or changes.

LAW AND TYPE OF NOTICE

MARKETING OF AGRICULTURAL PRODUCTS ACT

Establishment of statutory measure and determination of a differentiated levy on planted hectares for funding of an integrated area wide fruit fly control programme in specified production areas

G 53897 RG 11922 GoN 6973

24 December 2025

WHAT IS THIS ABOUT

This is a government gazette notice that establishes a new mandatory levy (a statutory measure) on fruit producers based on their planted hectareage. The money collected from this levy will fund a coordinated, area-wide fruit fly control program in specific fruit production regions of South Africa.

In a Nutshell

The government is making it compulsory for fruit growers in certain areas to pay a fee per hectare they farm. This pooled money will be used to finance a large-scale, community-driven effort to suppress and manage fruit fly populations, which are a major agricultural pest.

Section-by-Section Summary

Authority & Purpose: The notice is issued under the Marketing of Agricultural Products Act. Its primary purpose is to establish a funding mechanism for a regional pest control program.

The Measure: It creates a statutory measure, meaning it is a legally enforced levy, not a voluntary fee.

Basis of Calculation: The levy is differentiated (likely based on crop type, farm size, or region) and is calculated per planted hectare of fruit production.

Use of Funds: All levies collected are to be used exclusively for funding an integrated area-wide fruit fly control programme. This implies a coordinated strategy across farms, rather than individual efforts.

Geographic Scope: The levy and program apply only to specified production areas. These areas are likely defined in schedules or maps within the full notice.

Administration: The notice would designate a body (likely an industry trust or board) responsible for collecting the levies and managing the control program.

Context from the Executive Summary:

In essence: This notice is the legal instrument that compels fruit producers in key regions to financially contribute to a collective battle against fruit flies, aiming to reduce crop damage and improve market access for South African fruit.

APPLIES TO: 

FARMERS

  Producers in Specified Production Regions

Any person or entity producing fruit on planted hectares within the defined regions (e.g., Elgin/Grabouw and Vyeboom including Eerstehoop) will be subject to the levy.

  Industry Service Entities

Specifically, FruitFly Africa (Pty) Ltd, which is tasked with administering and spending the collected funds on behalf of producers.

  Agricultural Businesses Linked to Fruit Production

This includes farms, cooperatives, and companies involved in fruit cultivation in the specified regions.

  Nominees Acting on Behalf of Producers

Entities or individuals who manage payments or operations for producers will also have obligations under this measure.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Establishment of statutory measure and determination of a differentiated levy on planted hectares for funding of an integrated area wide fruit fly control programme in specified production areas

G 53897 RG 11922 GoN 6973

24 December 2025

53897rg11922gon6973.pdf

ACTION

Take note if you operate in Elgin/Grabouw and Vyeboom including Eerstehoop

LAW AND TYPE OF NOTICE

MARKETING OF AGRICULTURAL PRODUCTS ACT

Continuation of statutory measures in respect of milk and other dairy products

G 53900 RG 11923 GoN 6980

22 December 2025

WHAT IS THIS ABOUT

This is a government notice that extends existing regulatory controls and levies on the milk and dairy products industry. It continues mandatory schemes (statutory measures) that likely involve fees or levies on producers or processors to fund industry-wide functions such as promotion, research, quality control, or administration.

In a Nutshell

Key Takeaway: This is not a new law but a continuation notice. It ensures that existing collective funding and regulatory schemes for the dairy industry remain in force, preventing their expiration. Affected businesses must continue to meet their existing obligations (like paying levies). The “change” is the avoidance of a lapse, not the introduction of new rules.

APPLIES TO: 

AGRICULTURAL SECTOR

  Agricultural enterprises (commercial farms, agribusinesses, cooperatives)

  Land reform beneficiaries and related organizations

  Rural development agencies and NGOs

  Food production and processing companies

  Environmental and land management bodies

  Government departments and municipalities involved in land use planning

  Professional associations in agriculture and rural development

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Continuation of statutory measures in respect of milk and other dairy products

G 53900 RG 11923 GoN 6980

22 December 2025

53900rg11923gon6980.pdf

ACTION

1. Continue Paying Statutory Levies

Continue to pay levies on milk and dairy products at the prescribed rates (expressed in cents per kilogram) in effect for 2026, 2027, 2028, and 2029. These levies apply to categories including raw milk, concentrated or sweetened milk, yogurt, butter, and cheese.

2. Maintain Registration

Milk producers, processors, and buyers are required to register under the Marketing of Agricultural Products Act, ensuring they are formally accounted for in the national dairy industry registry.

3. Keep Detailed Records

Document monthly volumes for:

• Raw milk purchased
• Raw milk produced
• Milk used in processing
• Milk exported or transported outside South Africa
• Other uses (e.g., cream production).

4. Submit Monthly Returns

Within 15 days of each month’s end, registered parties must submit returns (covering the above volume records) to Milk SA, via approved channels—postal, hand-delivery, or electronically.

5. Comply with Guideline Price Regulations

In addition to levy payments, organizations must also comply with any established guideline prices or pricing frameworks for dairy products, as stipulated in the statutory measures.

LAW AND TYPE OF NOTICE

AGRICULTURAL PRODUCT STANDARDS ACT

Approved inspection fees for 2026: South African Meat Industry Company

G 53873 GoN 6959

19 December 2025

WHAT IS THIS ABOUT

The notice formally publishes the “Approved inspection fees for 2026” for the South African Meat Industry Company (SAMIC).

Purpose: To make the revised fee schedule for SAMIC’s inspection services legally binding and publicly known for the 2026 calendar year. This is a routine annual administrative update.

In a Nutshell:

Key Action: The notice approves and sets the specific fees that SAMIC is authorized to charge for its services. It does not invite comments, as it is a final notice of an approved fee schedule.

Implication: All businesses in the meat supply chain that are legally required to use or voluntarily use SAMIC for inspection, certification, or grading services must budget for and pay these new fees starting January 2026. SAMIC must adhere strictly to this published fee structure.

APPLIES TO: 

MEAT INDUSTRY

  Abattoirs (High and Low Throughput) – monthly grading service fees.

  Farms – inspections for Quality Indication (QI) and Geographic Indication (GI) marks.

  Feedlots – inspections for QI and GI marks.

  Deboning plants – inspections for QI and GI marks.

  Trade outlets – inspections for QI and GI marks.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Agricultural Product Standards Act: Approved inspection fees for 2026: South African Meat Industry Company

G 53873 GoN 6959

19 December 2025

53873-gon6959.pdf

ACTION

1. Budget for Approved Inspection Fees

• Ensure your financial planning for 2026 includes the approved fees for inspections and grading services:
  • Abattoir grading services (monthly fees for high and low throughput).
  • QI and GI inspections for farms, feedlots, deboning plants, and trade outlets.
  • Travel and subsistence costs for inspectors (charged per kilometer).

2. Schedule Required Inspections

• Arrange inspections with SAMIC (South African Meat Industry Company) for:
  • Meat classification at abattoirs.
  • Quality Indication (QI) and Geographic Indication (GI) marks for relevant facilities.

3. Update Internal Compliance Processes

• Make sure your compliance team understands:
  • Which facilities require QI/GI inspections.
  • The frequency and timing of these inspections.
  • How to handle documentation and payment for these services.

4. Communicate with SAMIC

• Confirm inspection dates and payment procedures.
• Ensure your organization is registered and recognized for meat classification and QI/GI compliance.

LAW AND TYPE OF NOTICE

AGRICULTURAL PRODUCT STANDARDS ACT: FRUIT INDUSTRY

Request for Statutory Measure for funding of area-wide Bactrocera Dorsalis Eradication Programme in specified production areas in Eastern Cape, Western Cape and Northern Cape: Comments invited

G 53814 GeN 3681

– Comment by 20 Jan 2026

12 December 2025

WHAT IS THIS ABOUT

The Department of Agriculture is proposing a new, mandatory levy (a statutory measure) on fruit producers in specific regions. The funds collected will be used to finance a coordinated, area-wide program to eradicate the Oriental fruit fly (Bactrocera dorsalis), a serious agricultural pest, from key fruit production areas in three provinces. Stakeholders, especially affected producers, are invited to submit comments on the proposal by 20 January 2026.

In a Nutshell

Section-by-Section Summary

Heading & Act: The notice is issued under the Agricultural Product Standards Act, specifically concerning the Fruit Industry.

Core Action: It is a Request for a Statutory Measure. This is a legal mechanism that allows for compulsory levies to be imposed on an industry for a defined purpose, such as research, marketing, or, in this case, pest control.

Purpose of the Measure: To secure funding for an area-wide Bactrocera dorsalis (Oriental fruit fly) Eradication Programme.

Geographic Scope: The programme targets specified production areas within the Eastern Cape, Western Cape, and Northern Cape provinces.

Stakeholder Engagement: The notice is an official invitation for comments. This is a public consultation step required before the statutory measure can be formally instituted.

 Deadline: Comments must be submitted by 20 January 2026.

In essence: This is a regulatory proposal to combat a major pest through a compulsory, industry-funded collective action. If implemented, fruit growers in the listed regions will have a new cost (levy) but stand to benefit from a coordinated eradication effort that individual farms cannot achieve alone.

APPLIES TO: 

AGRICULTURE SECTOR

• Fruit producers (especially table-grape and citrus growers in areas like Hex River Valley, Elgin-Grabouw, Langkloof, Lower-Orange-River, etc.)
• Packhouses that handle fruit from these regions.
• Exporters who rely on pest-free certification for international markets.
• Industry associations and regional structures involved in pest management and compliance.
• FruitFly Africa (Pty) Ltd and related service providers implementing eradication programs.

Essentially, any organization involved in production, packing, or exporting fruit from these specified regions will be impacted because they may be required to pay the per-hectare ad hoc levy when eradication measures are necessary.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NOTICE 3681 OF 2025

FRUIT INDUSTRY

REQUEST FOR A STATUTORY MEASURE (PER HECTARE AD HOC LEVY) FOR THE FUNDING OF THE AREA-WIDE BACTROCERA DORSALIS ERADICATION PROGRAMME IN SPECIFIED PRODUCTION AREAS IN THE EASTERN-, WESTERN- AND NORTHERN CAPE NAMC REQUESTING COMMENTS FROM INDUSTRY ROLE PLAYERS

On 19 November 2025, the Minister of Agriculture received a request from FruitFly Africa (Pty) Ltd, on behalf of the fruit industry, for the continuation of the area based, per hectare ad hoc, statutory levy for the funding of Bactrocera dorsalis (BD) (also known as the Oriental Fruit Fly) programmes in specific production regions for a new four-year period implemented as soon as possible (the current statutory levy will expire by the end of December 2025). This application includes the Lower- Orange-River area (on table-grapes and citrus) a new area where the levy will be introduced for the first time which was previously not part of this ad-hoc producer levy.

The Department of Agriculture (DoA) supports the BD control strategy and will continue to co-fund operational expenses of the area-wide Medfly control programme via the Public- Private Partnership arrangement between the DoA and the participating producers via FruitFly Africa (Pty) Ltd (FFA).

It is proposed that a maximum levy of R1 367-00/ha per year (excluding VAT) be introduced, for the 1st year of the cycle, in the production regions (indicated below) based on the need for eradication within a specific year subject to the number of hectares to be treated. FFA calculated that between R60 million (2026) and R86 million (2029) will be required to run the eradication programme.

These funds will only be levied in areas and in years where eradication measures are required. Should no eradication actions be necessary during a season, no funds will be levied. For regions bigger than 2 500 hectares a pro-rata lower per hectare levy will be applicable.

If approved, this will be a separate statutory levy, meaning that the existing statutory levies in the fruit industry (to finance research, information, transformation etc.) will remain unchanged.

The Eastern-, Western- and Northern Cape still has an official (from the DOA) pest-free status with regards to BD, and it is therefore vital to put all possible precautionary measures in place to keep these fruit production areas pest-free.

The eradication programme will be available in the following production regions, namely:

• Hex River Valley;

• De Wet;

• Brandwacht;

• Elgin-Grabouw;

• Hemel & Aarde Valley;

• Vyeboom;

• Warm Bokkeveld (including Hamlet, Eselfontein rd., Onder-Swaarmoed);

• Koue Bokkeveld;

• Agter-Witzenberg;

• Bo-Swaarmoed;

• Wolseley;

• Tulbagh

• Langkloof; and

• Lower-Orange-River (on table-grapes and citrus is a new area where the levy will be introduced for the first time).

This mechanism was used with great success during the past four years and enabled FFA and regional structures to eradicate Bactrocera dorsalis in the Hex River valley and Elgin- Grabouw area. The fruit industry is confident that the successful continuation and expansion of this measure as motivated will not only empower regions to differentiate themselves in the international marketing environment, but will substantially enhance their ability to comply with international quarantine requirement in support of the national growth targets based on exports, maintaining and growing jobs and ensure food security in rural areas.

The NAMC believes that the proposed statutory levies requested are consistent with the objectives of the MAP Act (as set out in section 2 of the Act).

The NAMC believes that the application by FruitFly Africa for the implementation of the proposed statutory levies in the relevant regions is consistent with the objectives of the MAP Act (as set out in section 2 of the Act).

Directly affected groups (e.g. producers, packers and exporters) in the fruit industry are kindly requested to submit any comments, in writing, regarding the proposed fruit fly statutory levies, to Mathilda van der Walt (mathildavdw@namc.co.za) on or before 16 January 2026, to enable the NAMC to finalise its recommendation to the Minister in this regard.

LINK TO FULL NOTICE

Agricultural Product Standards Act: Fruit Industry: Request for Statutory Measure for funding of area-wide Bactrocera Dorsalis Eradication Programme in specified production areas in Eastern Cape, Western Cape and Northern Cape: Comments invited

G 53814 GeN 3681

– Comment by 20 Jan 2026

12 December 2025

53814gen3681.pdf

ACTION

Ensure that you submit your comments before 16 January 2026.

BUSINESS

LAW AND TYPE OF NOTICE

COMPANIES ACT:

Deactivation of Manual Filing Channel for Company and Close Corporation Voluntary Deregistration

G 53814 GoN 6921

12 December 2025

APPLIES TO: 

All Organizations

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Companies Act: Deactivation of Manual Filing Channel for Company and Close Corporation Voluntary Deregistration

G 53814 GoN 6921

12 December 2025

53814gon6921.pdf

ACTION

Take note of the deactivation of manual filing for voluntary deregistration of companies and Close Corporations.

LAW AND TYPE OF NOTICE

COMPETITION ACT:

Amendment of the scope of the Energy Users Block Exemption

G 53921 RG 11924 GoN 6985

05 January 2026

WHAT IS THIS ABOUT

This notice announces changes to a Competition Act exemption that currently allows certain energy users (like large industrial companies) to jointly negotiate or cooperate when buying electricity or gas, without automatically violating competition laws.

The amendment aims to adjust the scope—potentially widening or narrowing the conditions under which such cooperation is permitted—to better align with current energy market realities and policy goals, such as promoting competitive procurement or ensuring security of supply.

In a nutshell

Summary

Normally, competition law (like rules against fixing prices) tries to prevent companies from teaming up with their competitors. If two big factories got together to demand a lower price from Eskom, it might be seen as unfair collusion.

However, there has been a special “get-out-of-jail-free” card (called an exemption) that allows certain large energy users to cooperate in specific ways—like jointly negotiating for power or sharing information about energy efficiency—because sometimes working together can actually help the national power grid.

The announcement on 05 January 2026 is saying: “We are changing the rules of that special card.”

They are amending the scope—which means they are adjusting:

·       Who can use this exemption.

·       What they are allowed to do together.

·       Under what conditions it’s permitted.

Why Would They Do This?

The government is likely updating the rule to match today’s energy problems and goals, such as:

·       Encouraging businesses to generate their own green power.

·       Helping them band together to buy from new, independent power producers.

·       Making sure the cooperation truly benefits the system and doesn’t just give a few big players an unfair advantage.

Who Needs to Pay Attention?

·       Big factories, mines, and shopping malls with huge electricity bills.

·       Businesses that use a lot of piped gas.

·       The lawyers and advisors who work for these companies.

APPLIES TO: 

Energy-Intensive Industrial Users

Companies in sectors experiencing electricity constraints or in economic distress—e.g., ferrochrome, manganese, and steel processors—can collaborate to negotiate power supply deals, jointly finance backup generation, or pool alternative energy generation capacity.

Collaborative Energy Users

Businesses that rely on backup or alternative energy supply—including those setting up or co-financing on-site generation to secure energy—are covered, enabling them to collaborate and share infrastructure.

Cost-Reduction and Efficiency Focused Entities

Organizations aiming to reduce energy costs or optimize energy usage, including through joint energy purchasing, power-purchase agreements, or shared energy-saving measures.

Infrastructure-Sharing Collaborators

Firms looking to share adjacent sites, infrastructure, facilities, and equipment—such as co-located manufacturing operations—can do so under the exemption to reduce costs and improve energy resilience.

Joint Service Providers

Organizations engaging in joint investment, negotiation, and procurement—for example, in backup generators or renewable energy projects—are exempted from competition rules in these specific cases.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Competition Act: Amendment of the scope of the Energy Users Block Exemption

G 53921 RG 11924 GoN 6985

05 January 2026

53921rg11924gon6985.pdf

ACTION

1.     Understand the Amended Scope

o   Review the updated exemption terms to confirm which collaborative activities are permitted (e.g., joint procurement of energy, shared backup generation, infrastructure sharing).

2.     Limit Collaboration to Exempted Activities

o   Ensure any agreements or joint actions fall strictly within the exemption scope.

o   Avoid collusion on pricing, output, or market allocation beyond what is allowed.

3.     Document Agreements

o   Keep written records of all collaborative arrangements, including purpose, scope, and duration.

o   Ensure agreements clearly state they are for energy security or cost reduction under the exemption.

4.     Notify the Competition Commission (if required)

o   Submit any required notifications or reports to the Commission as stipulated in the exemption conditions.

5.     Maintain Transparency

o   Share operational data and compliance reports if requested by regulators.

o   Avoid secrecy that could suggest anti-competitive behavior outside the exemption.

6.     Monitor Expiry Dates

o   The exemption is time-bound; track its validity period and prepare for compliance under normal Competition Act rules once it expires.

LAW AND TYPE OF NOTICE

COMPETITION ACT: REGULATIONS

Divestiture Recommendation: Comments invited

G 53814 GoN 6920

– Comment by 12 Jan 2026

12 December 2025

WHAT IS THIS ABOUT

The Competition Commission has issued a provisional divestiture recommendation for a merger or acquisition (likely specified in the gazette) that it believes will substantially lessen or prevent competition in one or more markets. This is a critical intervention that could force the merging parties to sell off parts of the combined business. The Commission invites public comments on its recommendation.

Suggested Action: Affected stakeholders, including competitors, suppliers, customers, and industry bodies, should urgently review the recommendation and prepare substantive comments by the deadline of 12 January 2026 to influence the final outcome.

Summary of Draft Divestiture Recommendation Rules

1. Initiation & Timing:

·       The Commission has 90 business days after publishing its final merger report to make a formal divestiture recommendation to the Tribunal.

2. The Recommendation Package (Filing):

·       The recommendation is made by filing a Notice of Motion (Form CT 6) and a supporting affidavit.

·       The Notice must specify the exact order sought and name all affected parties.

·       The Affidavit must clearly state:

o   The grounds for the recommendation.

o   The material facts and legal points.

o   Why the proposed divestiture is reasonable and practicable.

3. Service & Response (Opposition Process):

·       The Commission must serve the documents on all named respondents within 5 business days of filing.

·       A respondent wishing to oppose has 20 business days to serve and file an Answer.

o   If opposing, the Answer must be an affidavit that admits or denies each allegation from the Commission. Failure to deny is deemed an admission.

o   Denials must be explained.

4. Commission’s Right of Reply:

·       If the Answer raises new issues, the Commission has 15 business days to file a Replyaffidavit, addressing these new points.

·       If no Reply is filed, the Commission is deemed to deny all new issues raised.

5. Governing Rules:

·       The general Tribunal rules (Rules 18-23) apply to this process, adapting as necessary.

Key Implications & Action Table

In essence: These rules create a formal, court-like litigation process for the divestiture recommendation. It moves the issue from an administrative recommendation to a contested legal proceeding before the Tribunal, with strict deadlines for filings (affidavits) and consequences for failing to respond to allegations.

In a Nutshell

1.     Tribunal within 90 business days after publishing a relevant report.

2.     Content of Filing: The filing must specify the recommended order, identify affected parties, and provide a detailed affidavit with grounds, facts, and reasons for the recommendation.

3.     Service & Response: The Commission must serve the documents on respondents within 5 business days. A respondent wishing to oppose has 20 business days to file an Answer.

4.     Reply (Optional): If the respondent’s Answer raises new issues, the Commission may file a Reply within 15 business days.

Content Requirements for Documents:

·       Commission’s Affidavit: Must clearly state grounds, material facts/points of law, and reasons the order is reasonable and practicable.

·       Respondent’s Answer: Must clearly state grounds of opposition, relevant facts/law, and admit or deny each allegation from the Commission. Failure to specifically deny an allegation is deemed an admission.

·       Commission’s Reply: Must address any new grounds or facts raised in the Answer.

Legal Effect: Certain Rules (18-23) of the Tribunal also apply to this recommendation process.

Next Steps Post-Comment Period:

The regulator will review submissions and may publish a summary of comments and its responses.

A revised draft or final regulation will likely be published afterward, possibly accompanied by a specific divestiture order in an ongoing case.

APPLIES TO: 

  Dominant Firms or Large Corporations

• Companies identified in market inquiries where the Competition Commission finds that structural changes (like divestiture) may be necessary to address anti-competitive outcomes.

  Businesses in Highly Concentrated Markets

• Firms operating in sectors where market power is concentrated and competition concerns have been raised (e.g., energy, telecommunications, retail, transport).

  Respondents in Market Inquiry Reports

• Any organization named in a Commission report under Section 43B(6) that could be subject to a divestiture recommendation.

  Industry Stakeholders and Associations

• Entities that represent affected firms or sectors, as they may need to comment on the draft regulations.

  Legal and Compliance Service Providers

• Law firms and compliance consultants advising companies on Competition Act obligations.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NO. 6920 12 December 2025

INVITATION FOR THE PUBLIC TO COMMENT ON THE DRAFT REGULATIONS RELATING TO A DIVESTITURE RECOMMENDATION BY THE COMMISSION IN TERMS OF SECTION 43D(2) OF THE COMPETITION ACT, NO.89 OF 1998, AS AMENDED

1. By virtue of the powers vested in me in terms of section 21(4) of the Competition Act, 1998 (Act No. 89 of 1998) as amended (the Competition Act), I, Mr. Mpho Parks Tau, Minister of Trade, Industry and Competition, after consultation with the Competition Tribunal, hereby republish for public comments the draft regulations as set out in the Schedule hereto.

2. The purpose of these draft regulations is to make provision for the Competition Tribunal rules regulating the processes for determining the Commission’s recommendations for divestiture made in terms of section 43D(2) of the Competition Act.

3. These draft regulations were initially published in Government Notice No. 3125 of Government Gazette No. 48184 on 8 March 2023.

4. Stakeholders and interested persons are invited to submit comments in writing on the proposed regulations within a period of 30 business days of the publication of this notice to the Minister of Trade, Industry and Competition, for the attention of Mr Ivan Galodikwe, email IGalodikwe@thedtic.gov.za or hand delivered at 3rd Floor, Block E, 77 Meintjies Street, Sunnyside, 0132.

SCHEDULE

DRAFT RULES RELATING TO A DIVESTITURE RECOMMENDATION BY THE COMMISSION IN TERMS OF SECTION 43D(2) OF THE ACT

(1) Within 90 business days after the Commission has published a report referred to in section 43B(6), the Commission may make a recommendation to the Tribunal in terms of section 43D(2) for an order in terms of section 60(2)(c).

(2) A recommendation by the Commission to the Tribunal in terms of section 43D(2), must be made by filing a Notice of Motion in Form CT 6 and supporting affidavit setting out the facts upon which its recommendation

is based.

(3) A Notice of Motion in terms of this Rule must –

(a) indicate the order recommended by the Commission; and

(b) state the name and address of each person in respect of whom the order is recommended.

(4) An affidavit in terms of this Rule must set out in numbered paragraphs –

(a) a concise statement of the grounds of the recommendation;

(b) the material facts or the points of law relevant to the recommendation and relied on by the Commission; and

(c) concise reasons as to why the order recommended is reasonable and practicable, taking into account relevant factors, including the factors referred to in section 43D(4).

(5) The Commission must serve a copy of the Notice of Motion and affidavit on each respondent named in the Notice, within 5 business days of filing them.

(6) Within 20 business days of being served with a Notice of Motion and affidavit in terms of this Rule, a respondent who wishes to oppose the recommendation must-

(a) serve a copy of their Answer on the Commission; and

(b) file the Answer with proof of service.

(7) An Answer that raises only a point of law must set out the question of law to be resolved.

(8) Any other Answer must be in affidavit form, setting out in numbered paragraphs–

(a) a concise statement of the grounds on which the recommendation is opposed;

(b) the material facts or points of law on which the respondent relies; and

(c) an admission or denial of each ground and of each material fact relevant to each ground set out in the recommendation.

(9) An allegation of fact set out in the recommendation that is not specifically denied or admitted in an Answer will be deemed to have been admitted.

(10) In an Answer, the respondent must qualify or explain a denial of an allegation, if necessary in the circumstances.

(11) Within 15 business days of being served with an Answer that raises issues not addressed in the recommendation, other than a point of law alone, the Commission may

(a) serve a Reply; and

(b) file a copy of the reply and submit proof of service.

(12) A Reply must be in affidavit form, setting out in numbered paragraphs–

(a) An admission or denial of each new ground or material fact raised in the Answer; and

(b) The position of the Commission on any point of law raised in the Answer.

(13) If the Commission does not file a Reply, it will be deemed to have denied each new issue raised in the Answer, and each allegation of fact relevant to those issues.

(14) Rules 18 to 23, each read with changes required by the context, apply to a recommendation under this Rule.

LINK TO FULL NOTICE

Competition Act: Regulations: Divestiture Recommendation: Comments invited

G 53814 GoN 6920

– Comment by 12 Jan 2026

12 December 2025

53814gon6920.pdf

ACTION

1. Review the Draft Regulations Thoroughly

• Understand the proposed rules for divestiture recommendations under Section 43D(2).
• Identify how these rules could apply to your organization if named in a market inquiry report.

2. Submit Comments Before the Deadline

• Prepare and send written comments to the Minister (via the provided email or physical address) within 30 business days of publication.

• Comments should address:
  • Practicality of the proposed process.
  • Any concerns about timelines, documentation, or procedural fairness.

3. Assess Exposure

• Determine if your organization operates in a highly concentrated market or has been part of a market inquiry.
• Review any previous Competition Commission reports for potential recommendations affecting your business.

4. Prepare Internal Compliance and Legal Teams

• Ensure your legal team understands:
  • How to respond to a Notice of Motion and affidavit from the Commission.
  • Timelines for filing an Answer (20 business days) and supporting documents.

5. Develop a Response Strategy

• If named in a recommendation:
  • Gather evidence and prepare affidavits to oppose or comply.
  • Ensure responses include clear grounds, material facts, and legal arguments.

6. Maintain Accurate Records

• Keep detailed records of ownership structures, market share data, and any relevant operational information.
• This will be critical if the Commission requests supporting documents.

7. Monitor Further Updates

• Track any changes to the draft regulations and final publication in the Government Gazette.
• Adjust compliance plans accordingly.

LAW AND TYPE OF NOTICE

Competition Act:

Block Exemption for Promotion Exports

G 53822 RG 11917 GoN 6930

12 December 2025

WHAT IS THIS ABOUT

The Competition Commission has published a draft Block Exemption for certain agreements between competitors aimed at promoting exports. This exemption, issued under Section 10(3) of the Competition Act, aims to allow South African firms to collaborate lawfully to enhance their competitiveness in international markets, without fear of contravening the Act’s prohibition against restrictive horizontal practices (e.g., price-fixing, market division).

The key movement is the creation of a “safe harbour” for specifically defined export promotion activities.

Suggested Action: Businesses involved in export markets should immediately review the draft to understand the scope of permitted collaboration, assess eligibility, and prepare comments during the public consultation period.

Summary Table: Block Exemption for Promotion of Exports

How to Comment

·       Stakeholders: Exporting companies, industry associations (AGRIC, NAFCOC, B4SA), legal practitioners, academics.

·       What to Comment On:

o   Definitions: Are “export market” and “competitor” defined appropriately?

o   Processes: Is the self-assessment/notification process clear and practical?

o   Timelines: Is the exemption period (e.g., 5 years) sufficient?

o   Proportionality: Do the conditions strike the right balance between enabling collaboration and preventing abuse?

Implications for Businesses

·       Market Structure: Could lead to more formalized export consortia and joint ventures.

·       Costs: Potential reduction in compliance risk for legitimate export collaborations. Possible costs for legal review and restructuring agreements.

·       Governance: Requires clear internal governance for collaborative projects to ensure they remain within the exemption’s bounds.

·       Action: Prepare submissions arguing for clarity or broader scope if needed. Gather evidence of past export challenges that collaboration could solve.

Next Steps & Watch List

1.     Immediate: Circulate the Gazette notice internally to legal, compliance, and business development teams.

2.     During Comment Period: Draft and submit comments if aspects are unclear or overly restrictive.

3.     Post-Comment: Watch for the Commission’s Summary of Comments and the final published Block Exemption.

4.     Post-Promulgation: Update compliance manuals and train staff on the new rules.

TEMPLATES: SECTOR-SPECIFIC COMPLIANCE CHECKLIST

(Example for the Manufacturing Sector)

APPLIES TO: 

1. Exporting Firms

• Any company that exports goods or services from South Africa to international markets.
• Includes large corporations, SMMEs, and HDP-owned firms engaged in export activities.

2. Industry Associations and Export Councils

• Associations coordinating export strategies or collective marketing efforts for South African products abroad.

3. Logistics and Infrastructure Collaborators

• Firms involved in shipment, storage, inspection facilities, freight, consolidation hubs, insurance, and other logistics related to exports.

4. Agricultural Exporters

• Particularly those requiring coordination for compliance with foreign regulations and protocols, as agricultural markets are explicitly mentioned.

5. Firms Engaging in Joint Export Initiatives

• Companies planning joint financing, infrastructure development, collective marketing, or sharing export-related market information.

6. Independent Third Parties

• Entities appointed to facilitate the sharing of competitively sensitive information among exporters.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Competition Act: Block Exemption for Promotion Exports

G 53822 RG 11917 GoN 6930

12 December 2025

53822reg11917gon6930.pdf

ACTION

1. Confirm Scope Before Acting

• If planning any coordinated agreements or practices (e.g., joint financing, cost-sharing, collective marketing), seek written confirmation from the Competition Commission that the activity falls within the exemption.
• Submit details of parties, terms, and timelines for approval.

2. Notify Authorities

• After implementing an approved agreement, notify both the Competition Commission and the Department of Trade, Industry and Competition (dtic) within 15 business days.
  • Email: exemption.conditions@compcom.co.za and exemption.conditions@thedtic.gov.za.

3. Maintain Accurate Records

• Keep detailed records of:
  • Meetings and correspondence related to exempted agreements.
  • Exchanges of competitively sensitive information (only what is strictly necessary for implementation).

• Be prepared to provide these records if requested by the Commission.

4. Include HDP Firms and SMMEs

• Ensure historically disadvantaged persons (HDP) firms and SMMEs are given an opportunity to participate in agreements and negotiations.

5. Avoid Prohibited Practices

• Do not engage in:
  • Market allocation.
  • Collusive tendering.
  • Resale price maintenance.
  • Mergers outside the exemption scope.

6. Monitor Compliance and Duration

• The exemption lasts 5 years (from Dec 2025) but can be extended or revoked.
• Prepare for winding down agreements if the exemption is withdrawn.

LAW AND TYPE OF NOTICE

COMPETITION ACT:

Guidelines on Minority Shareholder Protections: Correction

G 53845 GoN 6943

11 December 2025

APPLIES TO: 

1. Companies with Minority Shareholders

• Any firm where minority investors hold less than 50% but have rights that influence strategic decisions (e.g., budgets, business plans, appointment of executives).

2. Acquiring Firms

• Businesses purchasing minority stakes in other companies, especially where the stake includes veto rights or strategic influence.

3. Target Firms

• Companies granting minority protections that may confer control under section 12(2)(g) of the Competition Act.

4. Private Equity and Investment Firms

• Entities acquiring minority interests with governance rights or influence over policy and strategy.

5. Joint Venture Participants

• Firms entering into joint ventures where minority partners have significant decision-making rights.

6. Legal and Advisory Firms

• Advisers structuring deals involving minority protections that could trigger merger notification requirements.

SUMMARY

Purpose

• To outline the Competition Commission’s approach to assessing transactions where minority shareholder rights may amount to control under the Competition Act.
• These guidelines help determine when such transactions require merger notification.

Key Points

1.     Scope

o   Applies to transactions that do not cross the usual merger thresholds but involve minority rights conferring control.

o   Not sector-specific; applies broadly across industries.

2.     Control Assessment

o   Section 12 of the Competition Act defines control broadly, including material influence over a firm’s policy.

o   Minority rights that allow influence over strategic decisions (e.g., budgets, business plans, appointment of executives) may constitute control.

3.     Types of Minority Protections

o   Do NOT confer control: Rights limited to protecting financial interests (e.g., approving dividend policy, auditor appointments, liquidation decisions).

o   DO confer control: Rights over strategic matters (e.g., veto on business plans, budgets, CEO/CFO appointments, major investments).

4.     Commission’s Approach

o   Case-by-case analysis of rights and their impact on strategic decision-making.

o   Transactions meeting financial thresholds and involving control rights may require notification.

5.     Advisory Opinions

o   Parties unsure whether rights confer control can request a non-binding advisory opinion from the Commission.

6.     Effective Date

o   Guidelines become effective upon publication in the Government Gazette and may be amended.

Implications

• Firms acquiring minority stakes with strategic veto rights must assess whether the transaction triggers merger notification.
• Legal and compliance teams should review shareholder agreements for rights that could amount to control.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NO. 6943 11 December 2025

HEREBY ISSUES AN ERRATUM NOTICE TO THE COMMISSION’S DRAFT GUIDELINES ON MINORITY SHAREHOLDER PROTECTIONS IN TERMS OF SECTION 79(1) OF THE COMPETITION ACT 89 OF 1998 (AS AMENDED)

December 2025

1. BACKGROUND

1.1. The Competition Commission of South Africa hereby issues an Erratum Notice the Draft Guidelines on Minority Shareholder Protections, published in Notice No 6902 of 2025, in Government Gazette No 53781 issued on 4 December 2025.

1.2. The purpose of the erratum is to replace paragraph 3 of the Notice in order to correct the closing date for public comment and link provided to the draft guidelines on the Commission’s website.

1.3. Paragraph 3 of Government Gazette Number 53781 (Notice No 6902 of 2025) is hereby replaced by the paragraph set out below:

2. INVITATION TO COMMENT

The public is invited to submit comments on these Draft Guidelines by 16h30 on 20 January 2025. Written submissions can be sent via email to SimphiweG@compcom.co.za or BusisiweMa@compcom.co.za. All submissions will be reviewed, and a final guideline published by the Competition Commission. The Draft Guidelines are available at https://www.compcom.co.za/wp-content/uploads/2025/12/Draft_Guidelineson-Minority-Protections_1-December-2025_for-Public-comment.pdf

Draft Guidelines are available here – Draft guidelines on minority shareholder protections

LINK TO FULL NOTICE

Competition Act: Guidelines on Minority Shareholder Protections: Correction

G 53845 GoN 6943

11 December 2025

53845gon6943.pdf

IMPACT

The document outlines draft guidelines issued by the Competition Commission of South Africa under Section 79(1) of the Competition Act No. 89 of 1998 (as amended).

These guidelines focus on the Commission’s approach to assessing transactions involving minority shareholder protections, particularly when such protections may confer control over a firm.

Below is an explanation of the key aspects of the regulation:

Purpose of the Guidelines

1.     Objective: The guidelines aim to clarify how the Commission will assess transactions where minority shareholders acquire certain rights that may amount to control under the Competition Act.  These transactions may not meet the traditional thresholds for merger notification but could still impact market competition.

2.     Non-Binding Nature: The guidelines are not legally binding but must be considered by anyone interpreting or applying Section 12 of the Act.

Key Definitions

The document provides definitions for terms such as “Acquiring Firm,” “Target Firm,” “Merger,” “Minority Shareholder Protection,” and “Control.” These definitions are crucial for understanding the scope of the guidelines and the types of transactions that may be subject to scrutiny.

• Control: Section 12(2) of the Act defines control broadly, including direct or indirect influence over a firm’s policies, strategic decisions, or commercial strategies.  This can include ownership of shares, voting rights, appointment of directors, or the ability to materially influence the firm’s policies.

Minority Shareholder Protections

1.     General Understanding: Minority shareholder protections are measures to safeguard the rights of shareholders owning less than 50% of a company.

These protections are designed to ensure that significant decisions affecting the company are not made without their consent.

2.     Types of Protections:

o   Protections that do not confer control: These include rights to approve decisions related to dividend policies, appointment of auditors, liquidation, public listing, and other non-strategic matters (Annexure A).

o   Protections that confer control: These include rights to veto or approve strategic decisions such as business plans, budgets, appointment/dismissal of key executives, and decisions on new business activities outside the firm’s ordinary scope (Annexure B).

Assessment of Control

The Commission will assess whether minority shareholder protections confer control based on:

1.     Nature and Content of Rights: Whether the rights allow the minority shareholder to influence strategic decisions or commercial strategies.

2.     Strategic Decisions: Protections that allow minority shareholders to influence or constrain strategic decisions (e.g., budgets, business plans, or appointment of senior management) may be considered as conferring control.

3.     Material Influence: Even if a minority shareholder does not hold a majority stake, they may still be deemed to have control if they can materially influence the firm’s policies or strategic decisions.

Merger Notification

• If minority shareholder protections result in a change or acquisition of control, the transaction may be considered a merger under Section 12 of the Act, requiring notification to the Commission.
• The Commission will assess whether the transaction meets the financial thresholds for notifiable mergers.

Discretion and Case-by-Case Assessment

• The Commission retains discretion to assess transactions on a case-by-case basis, considering all relevant factors and the specific context of the business.
• The guidelines provide a general methodology but allow flexibility for the Commission to evaluate unique circumstances.

Effective Date and Amendments

• The guidelines will become effective on the date specified in the Government Gazette and may be amended by the Commission as needed.

Key Takeaways

• Minority shareholder protections are not inherently control-conferring; the Commission will evaluate their nature and impact on a case-by-case basis.
• Protections that allow minority shareholders to influence strategic decisions or commercial strategies may be deemed as conferring control.
• Transactions involving such protections may require merger notification if they meet financial thresholds.

• The guidelines are intended to provide clarity but are not legally binding, allowing the Commission to exercise discretion in its assessments.

For further details or clarification, stakeholders are encouraged to submit written comments to the Commission by 20 January 2026 at 16:30.

ACTION

Ensure that you submit your comments before 20 January 2026.

LAW AND TYPE OF NOTICE

COMPETITION ACT:

Statements on the latest Decisions by the Competition Commission.

LINK TO FULL NOTICE

Statement on the latest decisions by the Competition Commission

Date: 11 December 2025

Read more

Statement on the latest decisions by the Competition Commission

Date: 05 December 2025

Read more

Commission prosecutes eight cargo shipping companies for price-fixing

Date: 02 December 2025

Read more

LAW AND TYPE OF NOTICE

COMPETITION ACT:

LINK TO FULL NOTICE

Commission welcomes Constitutional Court refusal of  Takata SA application for leave to appeal CAC ruling

Date: 20 January 2026

Read more

The procurement of school uniform & learning material guidelines FAQ

Date: 09 January 2026

Read more

CONSTRUCTION

LAW AND TYPE OF NOTICE

AGRÉMENT SOUTH AFRICA:

Approval of innovative construction products and systems

G 53956 GoN 7000

16 January 2026

APPLIES TO: 

1. Manufacturers of Innovative Construction Products

These are the primary affected organisations, especially those producing:

• alternative building materials,
• new insulation products,
• innovative structural systems,
• prefabricated or modular building systems,
• energy‑efficient building components.

Any manufacturer wanting to commercialise an innovative product requires Agrément certification for public sector acceptance and credibility in the private sector.

2. Suppliers and Importers of Construction Materials

Companies that distribute or import innovative or non-standard building products are affected because:

• They may need Agrément certification to supply to public projects.
• Certification impacts procurement, marketing, and compliance obligations.

3. Construction and Building Contractors

Especially those involved in:

• public works projects,
• low‑cost or alternative housing construction,
• infrastructure delivery using non‑traditional materials.

Contractors must ensure the systems they use are approved or risk non‑compliance with DPWI and client requirements.

4. Built Environment Professionals

Including:

• Engineers
• Architects
• Quantity Surveyors
• Construction Project Managers
• Consulting specialists (fire, structural, energy efficiency)

FULL TEXT

DETAILS

Please use the link below to access the full list of Agrément certificates issued

LINK TO FULL NOTICE

Agrément South Africa: Approval of innovative construction products and systems

G 53956 GoN 7000

16 January 2026

53956gon7000.pdf

ACTION

CUSTOMS, EXCISE AND INTERNATIONAL TRADE

LAW AND TYPE OF NOTICE

INTERNATIONAL TRADE ADMINISTRATION ACT:

Application for increase in rate of Customs Duty from 10% ad valorem to 15% ad valorem on Medium-density Fibreboard (MDF) classifiable under tariff heading 44.11: Comments invited

G 53956 GeN 3727

– Comment by 13 Feb 2026

16 January 2026

APPLIES TO: 

1. Local MDF Manufacturers (Direct Impact)

These are the primary organisations affected.

Impact:

• Potential competitive advantage from higher import duties
• Increased ability to protect local market share
• Greater protection against low-priced imports

Examples:

• PG Bison
• Novadecor
• Any other South African manufacturers producing MDF or board products

2. Importers of MDF (High Impact)

Any organisation importing MDF—especially from China, which is highlighted in the notice—will face:

• Higher landed costs
• Reduced price competitiveness
• Potential supply chain disruptions

Examples:

• Timber and board importers
• Large hardware & building-supply retailers sourcing imported MDF
• Furniture component importers

3. Retailers & Wholesalers Selling MDF

Retailers relying on imported board will experience:

• Cost increases
• Adjusted pricing strategies
• Possible shifts to local suppliers

Examples:

• Timber merchants
• Hardware stores
• Building supply chains

4. Furniture Manufacturers & Cabinetmakers (Indirect, but Significant Impact)

These industries rely heavily on MDF as a raw material. Higher duties may lead to:

• Increased production costs
• Pricing pressure
• Possible material substitution

Examples:

• Kitchen cabinet manufacturers
• Built‑in cupboard producers
• Furniture factories
• Shopfitting companies

5. Construction & Interior Fit‑Out Companies

Since MDF is widely used for interior construction applications:

• Costs for joinery and interior fit‑out projects may rise
• Budget revisions may be required
• Potential shift towards locally sourced MDF

6. Import/Export Clearing Agents & Logistics Providers

These organisations will need to:

• Adjust tariff codes and declarations
• Advise clients on cost implications
• Update customs documentation processes

7. Trade, Industrial & Business Associations

Associations representing affected industries will need to assess the impact and possibly submit comments.

Examples:

• SA Wood & Timber Associations
• Furniture manufacturing associations
• Retail/wholesale industry bodies
• Construction and building materials forums

8. Customs Brokers & Compliance Consultants

These entities must:

• Update tariff calculations
• Guide clients through the comment process
• Adjust duty recovery and rebate practices

9. SACU & AfCFTA Regional Traders

Since the applicant references SACU and AfCFTA markets:

• Regional manufacturers importing MDF for downstream production may face higher input costs
• Trade competitiveness across borders could shif

10. Competitors of PG Bison (Local & International)

These include:

• Other regional MDF producers
• International suppliers exporting to South AfricaThey will need to adjust pricing, strategy, and market expectations.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3727 OF 2026

INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA

APPLICATION FOR AN INCREASE IN THE RATE OF CUSTOMS DUTY FROM 10% AD VALOREM TO 15% AD VALOREM ON:

Medium- density Fibreboard (“MDF”) classifiable under tariff heading 44.11

Applicant:

PG Bison (Pty) Ltd

Brakpan and Lonie Roads

Boksburg

Gauteng

1459

Note: Comments must be provided in the format of a questionnaire obtainable on ITAC’s website at www.itac.org.za, link: Services – Tariff investigations – Government Gazette Notices – Other publication notices

Reasons for application:

As motivation for the application, the Applicant submitted, amongst others, the following reasons:

• The growth of local industries like PG Bison is threatened by increasing imports, particularly from China. From 2021 to 2023, Chinese imports increased by 114%, with China accounting for 32% of total imports. The competitive pricing of these imports, significantly lower than local production costs, suggests a likelihood of under-declaration and underscores the necessity for stricter enforcement of duties at ports to protect local industries.

• The proposed duty increase aims to bolster PG Bison’s competitive position and safeguard its substantial investments by curbing these undervalued imports. Protecting local manufacturing is vital for achieving the increased production targets and anticipated job creation from the Mkhondo plant expansion. By enhancing production capacity, PG Bison aims to serve the entire Southern African Customs Union (“SACU”) and key markets within the African Continental Free Trade Area (“AfCFTA”), which will serve as a significant enabler for exports and a crucial component for realising the objectives of local industrialisation and investment enhancement.

Ref: 08/2025 Enquiries: Ms Khosi Mzinjana, Email: kmzinjana@itac.org.za; Mrs. Amina Varachia, Email: avarachia@itac.org.za, and Mrs Dolly Ngobeni, Email: dngobeni@itac.org.za and Mr Scelo Mshengu, Email: smshengu@itac.org.za.

PUBLICATION PERIOD:

Representation should be submitted to the above ITAC officials within four (4) weeks of the date of this notice.

LINK TO FULL NOTICE

International Trade Administration Act: Application for increase in rate of Customs Duty from 10% ad valorem to 15% ad valorem on Medium-density Fibreboard (MDF) classifiable under tariff heading 44.11: Comments invited

G 53956 GeN 3727

– Comment by 13 Feb 2026

16 January 2026

53956gen3727.pdf

ACTION

  Review the ITAC notice and questionnaire.

  Assess financial and operational impact.

  Prepare a written submission to ITAC within the 4‑week period—either supporting or opposing the duty increase.

  Update internal costings, price models, and supply chain plans.

  Engage with suppliers or customers to communicate changes.

  Monitor ITAC’s investigation progress and prepare for implementation if the tariff is approved.

LAW AND TYPE OF NOTICE

INTERNATIONAL TRADE ADMINISTRATION ACT:

Creation of temporary rebate provision for importation of stainless steel butterfly: Comments invited

G 53956 GeN 3728

– Comment by 13 Feb 2026

16 January 2026

APPLIES TO: 

1. Food & Beverage Processing Companies (High Impact)

These companies rely heavily on hygienic-grade valves for safe, sanitary production.

Examples of affected subsectors:

• Milk & dairy production
• Beverage and juice manufacturers
• Breweries & craft breweries
• Bottling plants
• Pharmaceutical-grade food supplement manufacturers
• Liquid sugar, syrup & edible oils producers
• Wet food processing plants

These companies depend on specialised stainless steel valves that meet strict hygiene standards and may benefit from duty‑free imports.

2. Manufacturers of Food & Beverage Processing Equipment

Companies producing or assembling machinery that uses hygienic butterfly valves, such as:

• Pasteurisation equipment manufacturers
• Fillers and bottlers
• CIP (Clean‑In‑Place) system manufacturers
• Stainless steel piping and process system fabricators

These organisations will benefit from lower input costs if the rebate is approved.

3. Importers & Distributors of Industrial Valves (High Impact)

Importers of hygienic stainless‑steel butterfly valves are directly affected because:

• These specific valves may qualify for duty‑free importation.
• They must ensure the valves match the exact dimensions, material grade, and sealing specifications required for eligibility.
• They will need to apply for permits from ITAC.

4. Local Manufacturers of Stainless Steel Valves (Medium Impact)

Although the notice states that these specific hygienic valves are not manufactured in SACU, other valve manufacturers are still affected because:

• Their other valve products remain protected by normal duties.
• They may need to confirm to ITAC whether they produce comparable valves (to avoid unnecessary rebates).
• They could face competitive pressure in adjacent valve categories.

5. Agricultural Processing Organisations

Industries handling liquid agricultural products may be affected, e.g.:

• Liquid fertiliser producers
• Agricultural chemical mixing facilities (food hygiene grade)
• Bulk liquid storage and tankers for food‑grade liquids

Their operations depend on hygienic stainless-steel flow control systems.

6. Packaging & Bottling Plants

Facilities involved in:

• Bottling beverages
• Filling liquid food products
• Packaging dairy, juice, sauces, syrups, etc.

These facilities often require high‑specification hygienic valves.

7. Engineering Firms & System Integrators

These companies design and integrate liquid food processing lines. They will need to:

• Specify valves that qualify for rebated duties
• Adjust costing models
• Advise clients on procurement under the new rebate system

8. Customs Brokers, Clearance Agents & Import Logistics Firms

They must:

• Manage the application process for rebate permits
• Ensure correct classification under tariff subheading 8481.80.31
• Advise clients on changes in duties, documentation, and eligibility requirements

9. Hygienic Stainless Steel Fabricators & Installers

These companies build and install:

• Hygienic piping systems
• Stainless steel tanks
• Processing lines

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3728 OF 2026

INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA

Creation of a temporary rebate provision for the importation of:

“Butterfly valves of stainless steel, with an inside diameter not exceeding 150mm, classifiable in tariff subheading 8481.80.31, for use in the hygienic and liquid food industry, in such quantities, at such times and subject to such conditions as the International Trade Administration Commission may allow by specific permit, provided the products are not available in the SACU market”.

APPLICANT:

Guth SA (Pty) Ltd

79 St. Georges Street

Newlands

2092

REASONS FOR THE APPLICATION

• Guth SA is competing in the SACU market with lower priced imported end products. It is thus important that the rebate item is created to allow for the dutyfree importation of the subject products to allow Guth SA to compete with the imported end products that are duty free;

• The subject products applied for are not available in the dimensions, grade specifications, and the required sealing materials that are for use in the food and beverage industry, and the duty has an unnecessary cost-raising effect; and

• Although certain stainless steel butterfly valves are manufactured in the SACU market, the valves applied for are not manufactured in SACU. The rebate provision allows other valves not subject to the investigation to remain protected, while providing relief to the applicant and its customers.

PUBLICATION PERIOD:

Comments should be submitted within four (4) weeks of the date of this notice. ITAC reference 03/2023: Enquires: Mr. Maxwell Madida, Ms. Mpho Mafole, Mr. Tshepiso Sejamoholo by email: mmadida@itac.org.za/mmafole@itac.org.za and tsejamoholo@itac.org.za

LINK TO FULL NOTICE

International Trade Administration Act: Creation of temporary rebate provision for importation of stainless steel butterfly: Comments invited

G 53956 GeN 3728

– Comment by 13 Feb 2026

16 January 2026

53956gen3728.pdf

ACTION

Ensure you submit your comments before 13 February 2026

LAW AND TYPE OF NOTICE

CUSTOMS, EXCISE AND INTERNATIONAL TRADE COVERED IN PREVIOUS GAZETTE

LINK TO FULL NOTICE

Customs and Excise Act: Amendment to Part 1 of Schedule No. 1 (No. 1/1/1965)

G 53874 RG 11920 GoN 6961 19 December 2025

Customs and Excise Act: Amendment to Part 1 of Schedule No. 3 (No. 3/1/760)

G 53874 RG 11920 GoN 6962 19 December 2025

Customs and Excise Act: Amendment to Part 1 of Schedule No. 4 (No. 4/1/385)

G 53874 RG 11920 GoN 6963 19 December 2025

Customs and Excise Act: Amendment to Part 3 of Schedule No. 5 (No. 5/3/115)

G 53874 RG 11920 GoN 6965 19 December 2025

International Trade Administration Act: Customs Tariff Applications: List 07/2025: Correction

G 53872 GeN 3696 17 December 2025

International Trade Administration Act: Initiation of investigation into alleged dumping of Flat-Rolled Products of Iron or Non-Alloy Steel

G 53872 GeN 3694 17 December 2025

International Trade Administration Act: Sunset review of anti-dumping duties on ropes and cables

G 53872 GeN 3695 17 December 2025

ELECTRONIC COMMUNICATIONS

LAW AND TYPE OF NOTICE

ELECTRONIC COMMUNICATIONS ACT:

International Mobile Telecommunications (IMT) Roadmap: Comments invited

G 53883 GeN 3712

– Comment by 16 Feb 2026

18 December 2025

APPLIES TO: 

1. Licensed Electronic Communications Operators

• Mobile Network Operators (MNOs) such as Vodacom, MTN, Cell C, Telkom, and Rain, because the roadmap addresses spectrum allocations for IMT (including 4G, 5G, and future 6G).
• Fixed Wireless Access (FWA) providers operating in bands like 3.6–3.8 GHz and 4.8–4.99 GHz, which may need to migrate.

2. Satellite Service Providers

• Organizations using Fixed Satellite Services (FSS) and Very Small Aperture Terminals (VSAT) in bands that are being considered for IMT (e.g., 3.6–4.2 GHz, 6 GHz, and mmWave bands).
• Providers of Mobile-Satellite Services (MSS), especially those operating in L-band and Ka-band frequencies.

3. Broadcasting and Media Companies

• Entities using spectrum in the 470–694 MHz range for broadcasting, as IMT allocations may impact migration plans.
• Programme Making and Special Events (PMSE) users (e.g., wireless microphones) in bands like 1880–1900 MHz and 823–832 MHz.

4. Rail and Transport Organizations

• Railway operators (e.g., PRASA) because parts of the 1900–1910 MHz band are being considered for railway mobile radio systems (FRMCS).

5. IoT and Machine-to-Machine (M2M) Service Providers

• Companies deploying IoT solutions that rely on mobile networks, as spectrum changes will affect connectivity options.

6. Equipment Manufacturers and Vendors

• Vendors of mobile devices, network infrastructure, and IoT equipment, since spectrum harmonization impacts device compatibility and ecosystem readiness.

7. Government and Public Safety Agencies

• Agencies using spectrum for Public Protection and Disaster Relief (PPDR) and other critical services, as migration plans may affect their allocations.

8. Wi-Fi and RLAN Industry

• Organizations relying on 6 GHz bands for Wi-Fi 6E/7 deployments, as these bands are under consideration for IMT and shared use.

SUMMARY

Purpose

The roadmap sets out ICASA’s medium- to long-term plan (5–10 years) for managing and assigning radio frequency spectrum for IMT technologies (4G, 5G, and future 6G) in South Africa. It updates and replaces the previous IMT Roadmaps (2014 and 2019).

Key Objectives

• Ensure universal mobile broadband access and meet SA Connect policy targets.
• Align South Africa’s spectrum planning with international standards (ITU, ATU, CRASA).
• Promote efficient spectrum use, investment, and innovation in the ICT sector.

Main Highlights

1.     Spectrum Bands Identified for IMT

o   Low bands: 450 MHz, 700 MHz, 800 MHz, 900 MHz.

o   Mid bands: 1500 MHz, 1800 MHz, 1900 MHz, 2100 MHz, 2300 MHz, 2600 MHz, 3300–3800 MHz, 4800–4990 MHz, 6425–7125 MHz.

o   High bands (mmWave): 24.25–27.5 GHz, 37–43.5 GHz, 45.5–47 GHz, 47.2–48.2 GHz, 66–71 GHz.

2.     Current Status

o   1,155 MHz already identified for IMT; 794 MHz assigned.

o   Additional 1,145 MHz under feasibility studies for future IMT use.

3.     Forecasted Demand

o   Spectrum needs could range from 3,000 MHz to 14,000 MHz over the next decade, driven by mobile broadband and IoT growth.

4.     Migration & Feasibility Studies

o   Complex migrations for existing licensees in certain bands.

o   Feasibility studies for bands like 1880–1920 MHz, 3600–3800 MHz, 4800–4990 MHz, 6425–7125 MHz, and mmWave bands.

5.     Technical Considerations

o   Harmonization with global standards.

o   Flexible spectrum use (TDD preferred).

o   Adoption of Total Radiated Power (TRP) for active antenna systems.

6.     Universal Service & QoS

o   Address rural coverage gaps.

o   Introduce coverage obligations and explore High Altitude Platform Systems (HIBS).

o   Monitor broadband speeds and quality of service.

Implementation Timeline

• 2025–2026: Draft RFSAPs for key bands.
• 2026–2027: Finalize RFSAPs.
• 2027–2028: Begin IMT system implementation.
• 2028 onward: Full deployment of IMT systems.

WHY THIS MATTERS TO IN-HOUSE COUNSEL & COMPLIANCE OFFICERS

Strategic impact: The IMT Roadmap shapes spectrum allocation, licensing pathways, and timelines for deploying advanced mobile services (e.g., 5G/6G). It directly affects network planning, capex, and time-to-market for mobile operators and service providers.

Compliance impact: Companies must monitor and potentially participate in the comment process to protect their spectrum rights, obligations, and competitiveness. Government feedback can alter licensing windows, spectrum bands, fees, coordination requirements, and rollout milestones.

Risk management: Delays or shifts in spectrum policy can impact project timelines, contractual commitments with device manufacturers or enterprise customers, and capital expenditure budgeting.

What is typically included in an IMT Roadmap consultation

·       Spectrum strategy: Which bands are designated for IMT, interim allocations, and future releases.

·       Licensing framework: Methods (auctions, beauty contests, self-allocation), eligibility rules, and licence conditions.

·       Technical standards: Spectrum limits, power, interference management, and international harmonization considerations.

·       Deployment timelines: Expected dates for availability, transition periods, and sunset of legacy allocations.

·       Unserved/underserved access goals: Broadband targets, rural coverage obligations, and BBEE or social policy linkages (often via policy directions or licensing conditions).

·       Coordination with other sectors: Satellite, broadcasting, fixed wireless, and public safety interoperability.

·       Fees and charges: Licence fees, spectrum pricing, annual licence renewal costs, and any levy or levy-like instruments.

What you should do as an in-house counsel or a compliance officer?

·       Step 1: Obtain the full notice

o    Retrieve the exact Gazette notice and any accompanying documents (impact assessments, policy papers, draft regulations, or explanatory notes).

·       Step 2: Identify the scope and timeline

o    Note submission deadlines, scope of consultation, and whether submissions can be made on specific bands, license types, or policy directions.

·       Step 3: Map your business exposure

o    Spectrum holdings and planned expansions: which bands you currently use or plan to use; future needs for 5G/6G, IoT, private networks.

o    Regulatory dependencies: any upcoming licence renewals, fee changes, or obligations tied to IMT allocations.

o    Customer commitments: enterprise or consumer plans that rely on certain speeds, latencies, or coverage and how policy shifts affect them.

·       Step 4: Prepare a risk/response plan

o    If your business would be affected by proposed changes, prepare tailored comments or requests, e.g.,

§  Support for bands you rely on or seek to acquire

§  Clarifications on licensing processes or fee regimes

§  Commitments regarding rollout timelines or universal access targets

o    Consider whether to engage in conversations with the Communications Authority (ICASA) or other regulators through formal comments, meetings, or position papers.

·       Step 5: Align with other internal functions

o    Regulatory/compliance: Ensure comment alignment with internal policies and other regulatory submissions.

o    Commercial/BD: Translate any anticipated policy changes into commercial implications, procurement plans, and partner strategy.

o    Legal/contracts: Review potential changes to licence terms, transferability, or assignment provisions that could arise from roadmap outcomes.

·       Step 6: Document and monitor

o    Create a summary of proposed changes, internal positions, and rationale.

o    Assign owners for finalizing comments, and set a watch for follow-up actions or amendments.

Potential legal considerations to flag

·       Licensing implications: Could the roadmap introduce new bands for IMT or alter existing allocation? If so, check whether your licenses cover those bands or if you’ll need new allocations and how to apply.

·       Fee structures: Anticipate changes in licence fees, spectrum fees, or new levies. Assess financial planning and revenue recognition implications.

·       Obligations and reporting: New deployment or coverage obligations may require reporting, audits, or milestones. Prepare for enhanced compliance monitoring.

·       Interference and coordination: Changes in spectrum usage could affect interference risk with other services; ensure coordination processes are clear and that contracts with vendors/customers account for such risks.

·       International harmonization: If IMT Roadmap aligns with ITU/ASEAN/regions, assess supply chain and roaming implications, especially for cross-border services.

·       Public policy alignment: Many IMT initiatives tie into broader goals (digital inclusion, BBEE considerations, etc.). Ensure comments reflect or address these policy aims where relevant.

Practical next steps you can take

·       Request the official IMT Roadmap document and any draft policy directions or consultation questions.

·       Prepare a position memo for executives outlining:

o    Your current spectrum footprint

o    Anticipated policy changes and business impact

o    Any positions you want to advocate (support, modification, or objections)

·       Draft comments or a briefing for regulatory liaison:

o    Clear, evidence-based points

o    Any data or market analysis supporting your stance

·       Establish a timeline for internal reviews and submission by the stated deadline.

·       If appropriate, designate a regulatory liaison or external counsel to coordinate with ICASA.

Quick checklist for the comments

·       Identify bands affected and your current usage

·       Assess financial impact (fees, capex, Opex)

·       Propose practical clarifications or changes

·       Align with internal policy and enterprise risk framework

·       Include concrete, evidence-based data where possible

·       Confirm submission channel and deadline

FULL TEXT

DETAILS

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA

NOTICE 3712 OF 2025

ELECTRONIC COMMUNICATIONS ACT, 2005 (ACT NO. 36 OF 2005) HEREBY ISSUES A NOTICE REGARDING THE SECOND DRAFT INTERNATIONAL MOBILE TELECOMMUNICATIONS ROADMAP.

1. The Independent Communications Authority of South Africa (“the Authority”), on 28 March 2024, published the Draft International Mobile Telecommunications (IMT) Roadmap, in Government Gazette No. 50413 (Notice 4584 of 2024) inviting Written Representations.

2. On 13 September 2024, in Government Gazette 51244 (Notice 5209 of 2024) the Authority published a “Notice Communicating the Outcome of the Consultation Process of the Draft IMT Roadmap 2025.

3. Now therefore, the Authority publishes the Second Draft International Mobile Telecommunications (IMT) Roadmap 2025, in terms of section 4(3)(c) of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000), read with sections 2(e), 30, 31(4), and 33 of the Electronic Communications Act (Act No 36 of 2005).

4. Interested persons are hereby invited to submit written representations on the Second Draft IMT Roadmap 2025 in both Microsoft Word (MS) and Portable Document Format (PDF) by no later than 16:00 on 16 February 2026.

5. Persons making representations are further invited to indicate whether they require an opportunity to make oral representations.

6. Written representations or enquiries may be directed by email to:

Attention:

Mr Manyaapelo Richard Makgotlho

e-mail: rmakgotlho@icasa.org.za

Copy: jdikgale@icasa.org.za

7. Where persons making representations require that their representation, or part thereof, be treated as confidential, then an application in terms of section 4D of the ICASA Act, 2000 (Act No 13 of 2000) must be lodged with the Authority. Such an application must be submitted simultaneously with the representation, together with a non-confidential, redacted version of the submission. If, however, the request for confidentiality is not granted, the person making the request will be allowed to withdraw the representation or document in question.

8. The guidelines for confidentiality requests are contained in Government Gazette Number No 41839 of 17 August 2018.

9. All written representations submitted to the Authority pursuant to this notice will be made available for inspection by interested persons from 19 February 2026 at the Authority’s Library. Electronic copies of such representations are obtainable on request and printed versions will be obtainable on payment of a fee.

10. The Second Draft IMT Roadmap 2025 and the non-confidential representations will be uploaded to the ICASA website under this link: https://www.icasa.org.za/legislation-and-regulations/radiofrequency-spectrum-plans/draft-radio-frequency-spectrum-plans.

_______________________

MOTHIBI RAMUSI

CHAIRPERSON

Table of Contents

1 About this document

2 Executive Summary

3 South African policy and regulatory framework

3.1 The Independent Communication Authority of South Africa Act, 2000 (Act No. 13 of 2000)

3.2 The Electronic Communications Act, 2005 (Act No. 36 of 2005)

3.3 Ministerial policies

3.4 The National Radio Frequency Plan

3.5 Radio Frequency Migration Regulations and Radio Frequency Migration Plans

3.6 Radio Frequency Spectrum Assignment Plans

4 International context

4.1 Capabilities of IMT

Overview

IMT-2000 and IMT-Advanced

IMT-2020

IMT-2030

4.2 Radio frequencies for IMT identified by the ITU

4.3 African Telecommunications Union

4.4 Communications Regulators’ Association of Southern Africa (CRASA

5 Technical and deployment matters –

5.1 Harmonisation

5.2 Coordination / coexistence

5.3 High altitude platform system as IMT base station (HIBS)

5.4 Flexible spectrum utilisation

Network synchronisation

Interference suppression

5.5 Guard bands

5.6 Total radiated power

5.7 Spectrum refarming

6 IMT in South Africa

6.1 The rationale for alignment of IMT in South Africa with international standards

6.2 Mobile allocations identified for IMT and assignments

7 Forecasts of demand for IMT

7.1 ITU forecasts of IMT demand

7.2 Forecasts of overall IMT demand

7.3 IMT Demand in South Africa

8 Process for the development of feasibility studies

8.1 Overall process

8.2 Co-ordination and interference self-management by licensees

8.3 Cost-benefit analysis

8.4 Perspective of end-users

8.5 Prioritisation of impact items

8.6 Processes and governance

8.7 Project management of the migration

9 Initial benchmarks for feasibility studies for IMT in the frequency bands identified for IMT

9.1 1 710-2 200 MHz

Updating arrangements for 1710 – 1880 MHz, and 1920 – 2170 MHz

1880 – 1920 MHz

9.2 3600 – 3800 MHz

9.3 4800 – 4990 MHz

9.4 6425-7125 MHz

9.5 24.25 – 27.5 GHz

9.6 37-43.5 GHz

9.7 45.5-47 GHz

9.8 47.2-48.2 GHz

9.9 66-71 GHz (E-Band)

10 Obligations for licensees

10.1 Broadband and universal service context in South Africa

10.2 Universal service obligations for IMT

10.3 Quality of service

11 Implementation timelines

12 Appendix A: Glossary of Terms, Abbreviations and Acronyms

13 Appendix B: Explanatory note to frequency bands identified for imt

14 Appendix C: NRFP extracts bands IMT bands

14.1 450 MHz

14.2 700 MHz, 750MHz

14.3 800 MHz

14.4 900 MHz

14.5 1500 MHz

14.6 1800 MHz, 1900MHz, 2100MHz

14.7 2300 MHz

14.8 2600 MHz

14.9 3300 MHz

14.10 3400-3600MHz

14.11 3600-3800MHz

14.12 4.9 GHz

14.13 6 GHz

14.14 26 GHz (24.25-27.5GHz)

14.15 40 GHz (37-43.5GHz)

14.16 46GHz (45.5-47GHz)

14.17 48 GHz (47.2-48.2GHz)

14.18 66-71 GHz (E-Band)

LINK TO FULL NOTICE

Electronic Communications Act: International Mobile Telecommunications (IMT) Roadmap: Comments invited

G 53883 GeN 3712

– Comment by 16 Feb 2026

18 December 2025

53883gen3712.pdf

ACTION

Ensure that you submit your comments before 16 February 2026.

LAW AND TYPE OF NOTICE

ELECTRONIC COMMUNICATIONS ACT

Policy Direction to the Independent Communications Authority of South Africa on Broad-Based Black Economic Empowerment

G 53855 GeN 3692

12 December 2025

APPLIES TO: 

1. Regulatory Bodies

• ICASA (Independent Communications Authority of South Africa)

Must amend its Ownership Regulations to align with the ICT Sector Code and enforce compliance.

2. Licensed Entities in the ICT Sector

• Telecommunications Operators

Including mobile network operators, ISPs, and satellite service providers.

• Broadband Infrastructure Providers

Companies deploying fiber, wireless, and satellite networks.

• Broadcasting Service Licensees

Entities holding broadcasting and electronic communications service licenses.

3. Multinational Corporations Operating in South Africa

• Companies seeking to enter or expand in the ICT sector must comply with B-BBEE requirements or participate in Equity Equivalent Investment Programmes (EEIPs).

4. Local ICT Companies

• Measured Entities under the ICT Sector Code

Required to meet B-BBEE targets for ownership, management control, skills development, enterprise and supplier development, and socio-economic development.

5. Industry Associations and Professional Bodies

• Organizations representing ICT stakeholders that will need to guide members on compliance and transformation strategies.

6. Verification and Compliance Service Providers

• B-BBEE Verification Agencies

Responsible for certifying compliance with the ICT Sector Code.

7. Government Departments

• Department of Trade, Industry and Competition (DTIC)

Oversees EEIP approvals and monitoring.

• Department of Communications and Digital Technologies (DCDT)

Sets policy and monitors implementation.

8. Investors and Financial Institutions

• Entities funding ICT projects must ensure compliance with B-BBEE requirements for their investments.

SUMMARY

Purpose

The policy direction aims to align ICASA’s Ownership Regulations with the Amended ICT Sector Code under the B-BBEE Act. It seeks to promote transformation, inclusivity, and investment in South Africa’s ICT sector while bridging the digital divide.

Key Issues Addressed

• Current ICASA Ownership Regulations deviate from the ICT Sector Code, creating misalignment with national law and policy.
• Lack of recognition for Equity Equivalent Investment Programmes (EEIPs), which allow multinationals to contribute to empowerment without direct ownership.
• Need for regulatory parity and clarity to encourage investment and compliance.

Objectives

• Accelerate universal access to high-speed internet, especially in rural and underserved areas.
• Promote economic empowerment and digital inclusion.
• Support South Africa’s competitiveness in the global digital economy.
• Ensure compliance with B-BBEE principles across the ICT sector.

Policy Directives to ICASA

1.     Align Ownership Regulations with the ICT Sector Code.

2.     Ensure parity among licensees and apply empowerment requirements consistently.

3.     Promote broadband rollout to bridge the digital divide.

4.     Preserve digital sovereignty by enforcing data protection and security policies.

Impact

• Applies to all ICT licensees (telecom operators, ISPs, broadcasters).
• Affects multinational companies entering the South African market.
• Requires measured entities to comply with B-BBEE targets or participate in EEIPs.
• Involves government departments, industry associations, and verification agencies.

EXPLAINED AND UNPACKED

The government has issued a formal instruction (Policy Direction) to ICASA, telling it to use its licensing powers to enforce B-BBEE more strictly and specifically within the communications sector.

What Does This Mean ?

The direction has directed ICASA to do as follows:

“When you issue or renew a license for a company to operate, don’t just check their technical and financial plans. Make their B-BBEE status a core, non-negotiable part of the deal.”

In practice, this could mean:

License Renewals: A big telecom company wanting its license renewed might have to prove it has met specific B-BBEE targets (like ownership by Black shareholders, skills development, management representation, or procuring from Black-owned suppliers).

New Licenses: New companies or those seeking new spectrum (the “airwaves” for mobile networks) might be prioritized or even required to have a strong Black ownership structure.

Stronger Enforcement: ICASA will have clearer authority to penalize or even revoke licenses if companies fail to live up to their B-BBEE commitments, making B-BBEE compliance as serious as any other license condition.

The Big-Picture Effect:

For the Industry: It raises the stakes. B-BBEE moves from being a general corporate social goal to a key regulatory requirement for staying in business. This will likely accelerate ownership deals, executive appointments, and procurement strategies focused on B-BBEE.

For Economic Transformation: The goal is to use one of the economy’s most critical and profitable sectors—communications—as a direct engine for creating Black wealth, management, and entrepreneurship.

For ICASA: Its role expands. It now has an explicit, strengthened mandate to be an active driver of economic transformation, not just a technical and competition regulator.

In a nutshell: The government is officially telling the telecoms and broadcasting regulator, “Use your power to grant licenses to make sure this industry truly transforms and shares its economic opportunities.” This makes B-BBEE compliance in the communications sector more serious, specific, and enforceable than ever before.

The Directive’s Core Orders to ICASA:

1.     Mandate B-BBEE as a License Condition:

o   Order: ICASA must amend its licensing regulations to make a company’s B-BBEE status and a credible empowerment plan a mandatory condition for:

§  The issuance of any new license (individual or class).

§  The renewal of any existing license.

§  The transfer or sale of a license.

§  The approval of major transactions (like mergers or acquisitions) involving licensees.

2.     Develop Sector-Specific B-BBEE Regulations:

o   Order: ICASA must create and publish regulations that define what B-BBEE compliance means for the communications sector. This goes beyond the generic Codes of Good Practice and would likely include:

§  Minimum B-BBEE Scorecard Targets: Setting required levels for Ownership, Management Control, Skills Development, etc., possibly higher than the generic codes.

§  Sector-Specific Elements: Prioritizing certain elements, e.g., promoting Black ownership in infrastructure ownership or ensuring procurement from Black-owned tech startups.

§  Measurement & Reporting Frameworks: Dictating how licensees must measure, verify, and report their B-BBEE performance to ICASA.

3.     Integrate B-BBEE into All Regulatory Processes:

o   Order: ICASA must apply a B-BBEE lens to all its work. This means:

§  Spectrum Allocation: When awarding high-demand spectrum (like for 5G), B-BBEE commitments must be a key evaluation criterion, potentially weighted alongside the financial bid.

§  Competition Approvals: In assessing mergers or market dominance, the impact on B-BBEE (e.g., dilution of Black ownership) must be a material consideration.

§  Compliance Monitoring & Enforcement: ICASA’s inspectors must audit B-BBEE compliance with the same rigor as technical or financial compliance.

4.     Establish Enforcement Mechanisms & Penalties:

o   Order: ICASA must define clear consequences for non-compliance.

This includes:

§  Remedial Actions: Orders to rectify shortcomings within a set timeframe.

§  Financial Penalties: Administrative fines for failure to meet commitments.

§  License Sanctions: The ultimate penalty: suspension, revocation, or non-renewal of licenses for serious or persistent B-BBEE failures, especially for fronting.

5.     Promote Meaningful Participation (Anti-Fronting):

o   Order: The directive will emphasize that compliance must reflect substantive economic transformation. ICASA is ordered to be vigilant against “fronting” and to create mechanisms to ensure Black participation is real, effective, and extends beyond mere ownership to include management, skills transfer, and operational involvement.

In Simple, Direct Language, the Government is Telling ICASA:

“You now have a legal duty to use your power over licenses to force the telecoms and broadcasting industry to transform. Make their B-BBEE plans a binding part of their license. Set strict, clear rules for what they must achieve. Check their progress regularly. And if they don’t deliver real change, punish them—up to and including taking away their right to operate.”

The directive transforms ICASA from a passive observer of B-BBEE into an active, powerful enforcement agency for economic transformation within its sector. The exact thresholds, timelines, and detailed regulations will be developed by ICASA in response to this order, which will then form the new rulebook for the industry.

How Will This Impact On Legal Advisors And Compliance Officers

This Policy Direction will significantly increase the workload, strategic importance, and liability exposure for legal advisors and compliance officers in the South African communications sector. It fundamentally changes B-BBEE from a general compliance matter to a core, high-stakes licensing and regulatory condition.

Here’s a breakdown of the specific impacts on these professionals:

For Legal Advisors (In-House & External Counsel)

1.     Heightened Role in Transactions & Licensing:

o   License Applications/Renewals: Your role becomes critical in drafting and vetting license applications. You must now ensure the B-BBEE plan is not just an annex but a central, legally defensible commitment integrated into the application. Failure could mean denial.

o   Mergers & Acquisitions (M&A): Any M&A activity will require a deep “B-BBEE due diligence.” Acquiring a company with a poor B-BBEE status could jeopardize the entire group’s licenses. Structuring deals to improve or protect B-BBEE scores becomes a primary legal objective, not just a nice-to-have.

o   Spectrum Auctions/Allocations: Advising on bids for new spectrum (like 5G) will be dominated by crafting compliant ownership and empowerment structures that meet ICASA’s expected thresholds.

2.     Contract Drafting & Review:

o   Supplier/Partner Agreements: There will be a surge in demand for contracts with Black-owned suppliers, enterprise development partners, and skills development providers. These must be carefully drafted to ensure they are genuine, measurable, and auditable to count toward the license obligations.

o   Shareholder Agreements: Agreements for Black Economic Empowerment (BEE) partners will need to be rock-solid, ensuring they reflect real, meaningful participation (not just “fronting”) to withstand ICASA scrutiny.

3.     Risk Management & Dispute Resolution:

o   Fronting Prosecution Risk: The legal risk of being accused of “fronting” (fake B-BBEE) skyrockets, as ICASA can now use it as grounds for license revocation. Legal advisors must design structures that are legally sound and substantively transformative.

o   Litigation & Appeals: You will likely be involved in more litigation—challenging ICASA’s decisions on B-BBEE grounds or defending the client’s compliance in hearings and appeals.

For Compliance Officers

1.     Shift from Reporting to Operational Integration:

o   Beyond the Certificate: Compliance is no longer just about obtaining an annual B-BBEE verification certificate. It’s about embedding B-BBEE metrics into daily operations—procurement, HR, management succession—because these now directly impact the company’s legal right to operate.

o   Real-Time Monitoring: You’ll need to develop dashboards and controls to monitor B-BBEE performance (ownership changes, procurement spend, skills development) in real-time, not just at year-end for audit.

2.     Audit & Evidence Preparedness:

o   ICASA Audits: Expect proactive audits from ICASA specifically on B-BBEE license conditions. Your job will be to prepare and manage these audits, ensuring every claim of Black ownership, management control, or supplier development is backed by irrefutable, well-organized evidence.

o   Internal Audits: You will need to run frequent internal audits to identify gaps before ICASA does.

3.     Strategic Advisory to Management:

o   License-At-Risk Warnings: You become the key person warning the board and executives: “If we don’t hit these B-BBEE targets, we risk our spectrum license renewal in 18 months.” This elevates your role from a support function to a core strategic advisor.

o   Budget & Resource Advocacy: You will need to advocate for budget and resources for B-BBEE initiatives, framing them not as CSR costs but as essential investments in license retention and business continuity.

Shared Challenges & Opportunities for Both Roles

·       Interdisciplinary Collaboration: This forces much closer teamwork between legal, compliance, HR, procurement, and finance departments to create a cohesive strategy.

·       Need for Specialized Knowledge: Demand will soar for professionals who understand both the Electronic Communications Act/ICASA regulations AND the B-BBEE Codes of Good Practice. This niche expertise will become highly valuable.

·       Documentation & Governance: Creating an impeccable paper trail—board minutes showing B-BBEE is a regular agenda item, committee oversight, policy updates—becomes non-negotiable to prove “meaningful implementation.”

·       Opportunity for Leadership: Professionals who navigate this well will position themselves and their departments as critical to the company’s survival and growth, moving from cost centers to value protectors.

In essence: For legal and compliance teams in telecoms/broadcasting, B-BBEE just became as critical as network security or financial solvency. It transforms their work from advisory and reporting to active, high-stakes license defense and strategic business enablement. Proactivity, deep integration, and robust evidence will be the new standards.

FULL TEXT

DETAILS

DEPARTMENT OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

NOTICE 3692 OF 2025

DEPARTMENT OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES ELECTRONIC COMMUNICATIONS ACT, 2005 (ACT NO. 36 OF 2005)

POLICY DIRECTION TO THE INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA ON BROAD-BASED BLACK ECONOMIC EMPOWERMENT

I, Mr Solly Malatsi, Minister of Telecommunications and Digital Technologies, hereby issue the Policy Direction in the Schedule to the Independent Communications Authority of South Africa in terms of section 3(2) of the Electronic Communications Act, 2005 (Act No. 36 of 2005).

________________________________

Mr Solly Malatsi, MP

Minister of Communications and Digital Technologies

DATE: 11 December 2025

EXPLANATORY NOTE AND FINAL POLICY DIRECTION ON THE APPLICATION OF THE ICT SECTOR CODE

1. Background

1.1. There is a large body of national and sectoral policies relating to infrastructure development and specifically to deploying broadband networks and ensuring access to accessible, available and affordable high-speed internet services by all of South Africa’s citizens. A list of some of these policies is attached to this Schedule.

1.2. The Minister of Communications and Digital Technologies (“the Minister”) is concerned that there are impediments to both national and international investments in the sector that have been occasioned by, among other reasons, inconsistent requirements applicable to the ownership persons who hold radio frequency spectrum and service licences under the Act. It is accepted by Government that it cannot, on its own, achieve national goals for connectivity and that participation by the private sector is vital.

1.3. To this end, the Minister has consulted widely with a view to enabling investments in the sector by companies that have given undertakings that are acceptable to the Department of Trade, Industry and Competition (“the DTIC”) in terms of its Equity Equivalent Investment Programme (“EEIP”).

1.4. The draft policy directive was published in the Government Gazette on 23 May 2025 for public comment. Following the consideration of the public submissions, the Minister has decided to issue this policy direction.

2. The ICT Sector Code

2.1. The DTIC approved the ICT Sector Code in 2016 (“the Code”). The Code was approved in terms of the Broad-Based Black Economic Empowerment Act, 2003 (“BBBEE Act”) as a way of measuring the contribution of a Measured Entity to the goals of the BBBEE Act.

A Measured Entity in the ICT Sector may only, as a matter of law, be measured for

1 Broad-Based Black Economic Empowerment Act (53/2003) as amended by B-BBEE Act (46/2013) » Codes of good practice on broad based black economic empowerment (bbbeecommission.co.za) and South Africa Government Gazette dated 2015-05-06 number 38766 – Law Library compliance with the requirement of broad-based black economic empowerment in accordance with the Code.2

2.2. The fundamental principle for measuring B-BBEE compliance is that substance takes precedence over legal form. In interpreting the provisions of the Codes any reasonable interpretation consistent with the objectives of the B-BBEE Act as amended and the BBBEE Strategy must take precedence.

2.3. The introduction to the Code provides that “…we, the ICT Sector stakeholders, resolve and commit to:

• The objectives of the B-BBEE Act as amended

• Promote the effective implementation of B-BBEE in the ICT sector;

• Bridge the “digital divide” by actively promoting access to ICTs;

• Stimulate and support growth in the ICT sector;

• Advance economic and social transformation in the ICT sector;

• Contribute towards the reduction of unemployment and poverty alleviation;

• Support skills development and training initiatives;

• Foster equity and address the legitimate economic aspiration of all South Africans;

• Provide an enabling environment conducive to transparency, fairness, and consistency when adjudicating on matters related to B-BBEE in the ICT sector; and

• Comply with the requirements of the ICT Sector Code as defined hereunder and where possible meet and exceed targets across the sector.”

2.4. ICASA, the sector regulatory authority, and other sector stakeholders participated in the development of the Code which process took several years to complete.

2.5. Numerous sector codes issued under the B-BBEE Act recognise ownership through deeming provisions (subject to specific requirements), including equity equivalent investment programmes.

2 B-BBEE Act (46/2013), section 10(3).

3. Ownership under the ECA and the ICASA Act

3.1. Section 4(1)(a) of the Independent Communications Authority of South Africa Act, 2000 (“ICASA Act”) provides that ICASA must exercise the powers and perform the duties conferred and imposed upon it by this Act, the underlying statutes and other applicable law. The BBBEE Act is such a law. Specifically:

(a) section 10(1) of the BBBEE Act states that “[e]very of state and public entity must apply any relevant code of good practice issued in terms of this Act in… (a) determining qualification criteria for the issuing of licences, concessions or other authorisations in respect of economic activity in terms of any law…; and

(a) section 10(3) of the BBBEE Act states that “subject to section 9(6) [of the BBBEE Act], an enterprise in a sector in respect of which the Minister has issued a sector code of good practice in terms of section 9, may only be measured for compliance with the requirements of broad-based black economic empowerment in accordance with that code.”

3.2. Section 9(2)(b) of the Electronic Communications Act, 2005 (“ECA”) provides that in relation to an application for a new licence (and in terms of later sections, the amendment, renewal and transfer of a licence)3, ICASA “must…include the percentage of equity ownership to be held by persons from historically disadvantaged groups, which must not be less than 30%, or such other conditions or higher percentage as may be prescribed under section 4(3)(k) of the ICASA Act”. “Prescribed” is defined in the ECA as “prescribed by regulation made by the Authority in terms of this Act or the related legislation” (and “related legislation” includes the ICASA Act). Effectively the section has 3 parts:

3.2.1. include, as a condition of a licence, that an applicant must have equity that is not less than 30% in the hands of HDI; or

3.2.2. apply other conditions under section 4(3)(k) of the ICASA Act; or

3.2.3. increase or change the percentage of equity from 30%.

3.3. The underlined portion was inserted by amendments made to the ECA in 2014. In the explanatory memorandum that accompanied the ECA Amendment Bill in 2013 (which led to the amendments in 2014), it is expressly stated that:

3 Sections 10, 11 and 13 of the Electronic Communications Act, 2005.

“The focus of the Act has been changed from the empowerment of ‘historically disadvantaged individuals’ to broad-based black economic empowerment. Therefore the required equity ownership by historically disadvantaged groups in section 9(2)(b) has been retained for the time being provided that broad-based black economic empowerment requirements prescribed by ICASA under section 4(3)(k) of the ICASA Act may replace it in due course”

3.4. Section 4(3)(k) of the ICASA Act provides that ICASA “may make regulations on empowerment requirements to promote broad-based economic empowerment”. “Broadbased economic empowerment” is defined in the ECA as “having the meaning ascribed to it in the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)”.

3.5. ICASA consulted on the treatment of ownership and control of individual licences for over a decade and sought the views of stakeholders in several consultation processes, replicating those views in their findings documents

4. Numerous stakeholders recommended aligning the position with the ICT Sector Code in terms of national legislation.

4. ICASA’s Regulations

4.1. On 14 February 2020, ICASA exercised its discretion in terms of section 9(2)(b) of the ECA to prescribe draft “Regulations on the Limitation of Control and Equity Ownership by Historically Disadvantaged Groups and the Application of the ICT Sector Code” in Gazette 43021, for public comment. The introduction to these draft Regulations stated under the heading “Purpose of the Regulations”:

4 The consultations were as follows:

1. Discussion Document on Ownership and Control November 2009. Gazette 32719 of 17 November 2009.

2. Findings Document on the Review of Ownership and Control of Commercial Services and Limitations on Broadcasting, Electronic Communications Services and Electronic Communication Network Services. Gazette 34601 of September 2011.

3. Discussion Document: Equity Ownership by Historically Disadvantaged Groups and the application of the ICT Sector Code in the ICT sector in terms of Section 4B of the ICASA Act 2000, as amended.

Gazette 40759 of 31 March 2017.

4. Findings Document and Position Paper on: Inquiry into Equity Ownership by Historically Disadvantaged Groups and the application of the ICT Sector Code in the ICT Sector, January 2019. Gazette 42234, 15 February 2019.

“The purpose of these Regulations is to promote equity ownership by HDGs and to promote B-BBEE. In achieving this, these regulations will –

a. Facilitate diversity and transformation in the ICT sector by prescribing the implementation of the Revised ICT Sector Code;

b. Prescribe the application of the HDG equity requirement; and

c. Provide the manner in which to verify compliance with HDGs and B-BBEE requirements”.

4.2. On 31 March 2021, ICASA again exercised its discretion in terms of section 9(2)(b) of the ECA to prescribe the final “Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDG) and the Application of the ICT Sector Code” (“the Ownership Regulations”).

4.3. By taking the step to prescribe the Ownership Regulations under the ICASA Act, ICASA chose to apply the second part of section 9(2)(b), namely “or such other conditions” since it stepped away from applying 30% HDI equity only (as set out in the first part of the section), and it did not increase the percentage ownership, being the third part of that section (see paragraph 3.2 above).

4.4. On 14 April 2022, ICASA published amendments to the Ownership Regulations5 to remove reference to different forms of ownership that are recognised by the Code by explicitly referring to only certain Code Statements as being recognised:

“B-BBEE Contributor Status Level” – means a B-BBEE status as referred to in paragraph 5.2 of Statement AICT000 of Code Series AICT 000 of the ICT Sector Code, as determined in terms of Statement AICT000 of Code Series AICT000, Statement AICT004, of Code Series AICT000, or Statement AICT600 of Code Series AICT600 of the ICT Sector Code, and as confirmed by a valid B-BBEE Verification Certificate, a sworn affidavit or a CIPC issued certificate, as may be applicable”.

4.5. In so doing, ICASA deliberately moved away from the DTIC’s approved ICT Sector Code, deleting the following recognised statements in the Codes:

5 Gazette 46245 of 14 April 2022.

5.6. Deviation from the ICT Sector Code is not permissible in law, nor is it desirable as a matter of fact. This is because it excludes the possibility of an international entity investing in the South African economy only because its global business policies do not allow ownership by third parties even where the DTIC has recognized that the entity may qualify, on application, for approval of an EEIP.

5.7. Contributions using EEIPs are measured using the general principle set out in Code Series AICT400 and AICT500 against any of the following targets:

5.7.1. 30% of the value of the South African operations of the Applicant, determined using a Standard Valuation Method; or

5.7.2. 4% of Total Revenue from its South African operations annually over the period of continued measurement.6

5.8. The Ownership Regulations do not provide for the recognition of such a programme, nor do they recognise or permit the recognition of a number of other forms of broad-based black economic empowerment contemplated in the ICT Sector Code, such as procurement initiatives, participation in management, or skills development. The

6 Statement AICT103: The recognition of equity equivalents for applicants.

Ownership Regulations do not recognise other forms of ownership including the deeming provisions contained in Statement AICT100 including Statement AICT103 as explained above.

4.9. As a result, the Ownership Regulations are out of step with national law, the ICT Sector Code and national policy goals, and this misalignment must be addressed.

4.10. ICASA has, in other secondary instruments (regulating individual, class and radio frequency spectrum licences, among others), stated its intention to apply the Ownership Regulations despite their non-conformity, and without approval by the DTIC, alternatively to apply section 9(2)(b) of the ECA without regard for the possibility of imposing “other conditions”.

5. The outcome of the consultation

5.1. The Department of Communications and Digital Technologies received in excess of 19,000 submissions. On review, this number included approximately 4,000 duplicates or blank submissions, bringing the total number of actual substantive submissions at 15,000.

5.2. An overwhelming 90% of the submissions are in favour of the policy direction. For ease of reference, the submissions are grouped into 2 categories, those in favour and those opposed.

5.3. Common themes in submissions in favour of the policy direction highlight the following benefits:

5.3.1. Acceleration of universal access to high-speed internet, particularly in rural and underserved communities;

5.3.2. Economic empowerment through enhanced digital participation and new business opportunities;

5.3.3. Reinforcement of South Africa’s competitiveness in the global digital economy;

5.3.4. Alignment with the goals of inclusivity, education, and innovation; and

5.3.5. Recognizing its role in bridging the digital divide, advancing socio-economic development, and positioning South Africa as a digital leader on the African continent.

5.4. Opposing viewpoints provided feedback on implementation risks and equity considerations that can inform policy refinement, highlighting the following:

5.4.1. Concerns about possible dominance by large or foreign telecommunications operators.

Response: The Competition Commission is the competition regulator for all sectors in the Republic, and ICASA has power to investigate competition in the electronic communications sector. Furthermore, any foreign operator will be a new entrant to the sector and have no market share or subscriber base for a number of years.

5.4.2. Fear of undermining local empowerment and transformation objectives (in particular, BBBEE compliance).

Response: The sole purpose of the policy direction is to promote and support empowerment and transformation initiatives already in place in terms of the ICT Sector Code under the Broad-Based Black Economic Empowerment Act, 2003 which ICASA has not adopted in its Ownership Regulations.

5.4.3. Concerns that EEIPs have no impact at all and are just being used by multinationals to evade BBBEE compliance requirements.

Response: There is little evidence to support this claim. As the ICT Sector Code itself recognises EEIPs as contributing to BBBEE, this is not a legally sound argument.

5.4.4. The need for tighter safeguards to prevent regulatory loopholes or unfair competition.

Response: ICASA is the sector regulator. Its duty is to keep the market and sector participants’ behaviour under review at all times. As indicated above, both ICASA and the Competition Commission have a duty to regulate competition in the ICT sector and in South Africa, respectively, thus there are already provisions in place to address any loopholes or unfair competition.

5.4.5. The perception that the policy direction is intended to benefit Starlink at the expense of transformation. Response: As has been stated publicly numerous times, the policy direction will, if implemented by ICASA, apply to all licensees in the same way when the Ownership Regulations are amended as required.

5.4.6. Worries about data sovereignty and national security implications.

Response: South Africa’s Protection of Personal Information Act, 2013, has been in force for many years and the Information Regulator is empowered to take action in relation any data sovereignty concerns, as data sovereignty is addressed in this Act. National security is protected by numerous laws and law enforcement authorities. These will all be brought to bear on any issue that may affect national security.

5.4.7. The perception of a lack of consultation or transparency during policy development.

Response: The policy direction was published for public comment as is provided for in the Electronic Communications Act, 2005. The period for public comment was intended to accommodate as many stakeholders as possible who wanted to participate in the process. The consultation process is the same process adopted for all policy directions.

5.5. Those who support the policy direction suggested the application of the following conditions:

5.5.1. Transparency around the formulation and approvals of EEIPs.

Response: The Minister and the Department of Communications and Digital Technologies will liaise with the Minister and the Department of Trade, Industry and Competition to review the process of making application for and approving EEIPs, as well as monitoring and reporting on approved applications.

5.5.2. The need for a clear monitoring and reporting frameworks.

Response: See above.

5.5.3. The need for regulatory parity, meaning that regulatory compliance should nonetheless be required of all licensees.

Response: If ICASA amends its Ownership Regulations in terms of the policy direction, then they will apply as they currently do, to all licensees referenced in those Regulations and compliance with the Regulations will be mandatory as it is now.

6. Policy direction

Having regard to the need to promote numerous policy goals for the sector in relation to the availability, accessibility and affordability of communications services; taking account of the contribution to investment and competition that can be made by international entities; and considering the overriding provisions of the BBBEE Act, ICASA is directed in terms of section 3(2) of the Electronic Communications Act, 2005 (Act No. 36 of 2005) to–

6.1. urgently consider alignment of the Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDG) and the Application of the ICT Sector Code, with the Amended Broad-Based Black Economic Empowerment (BBBEE) ICT Sector Code; and

6.2. take account of government’s national economic inclusion policy goals and the scope of its own powers and duties under the ECA and ICASA Act in giving effect to these policy goals and, insofar as is possible:

6.2.1. ensure parity among licensees; and

6.2.2. promote the roll out of broadband to bridge the digital divide; and

6.2.3. ensure the preservation of South Africa’s digital sovereignty by encouraging adherence to South Africa’s data protection and data security policies.

LINK TO FULL NOTICE

Electronic Communications Act: Policy Direction to the Independent Communications Authority of South Africa on Broad-Based Black Economic Empowerment

G 53855 GeN 3692

12 December 2025

53855gen3692.pdf

ACTION

1. ICASA (Regulator)

• Amend Ownership Regulations to align with the Amended ICT Sector Code.
• Ensure regulations recognize Equity Equivalent Investment Programmes (EEIPs) for multinationals.
• Implement monitoring and reporting frameworks for compliance.

2. Licensed ICT Companies (Telecoms, ISPs, Broadcasters)

• Review current B-BBEE compliance status against the ICT Sector Code.
• Update ownership structures or implement EPR and EEIP strategies where direct equity ownership is not feasible.
• Prepare for stricter compliance checks and reporting requirements.

3. Multinational Corporations

• Apply for EEIP approval through the Department of Trade, Industry and Competition (DTIC).
• Develop and implement EEIP projects that meet Code requirements (skills development, enterprise support, socio-economic development).
• Ensure transparency and maintain documentation for audits.

4. Industry Associations

• Educate members on the revised compliance requirements.
• Provide guidance and templates for EEIP applications and B-BBEE reporting.

5. B-BBEE Verification Agencies

• Update verification processes to align with the ICT Sector Code.
• Train staff on new compliance requirements and EEIP recognition.

6. Government Departments (DCDT & DTIC)

• Streamline EEIP approval processes and publish clear guidelines.
• Monitor implementation and publish annual compliance reports.

7. All Stakeholders

• Develop internal compliance teams or appoint consultants.
• Participate in awareness and training programs.
• Integrate compliance into strategic planning and procurement policies.

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT

National Waste Management Strategy 2026: Comments invited

G 53894 GoN 6972

– Comment by 17 Feb 2026

19 December 2025

APPLIES TO: 

1. Government Institutions

• National Departments: Department of Forestry, Fisheries and the Environment (DFFE), Department of Cooperative Governance and Traditional Affairs (COGTA), Department of Health, Department of Trade, Industry and Competition, Department of Science and Innovation, Department of Public Works and Infrastructure.
• Provincial Governments: Responsible for integrated waste management planning and oversight.
• Municipalities: Mandated to provide waste collection and disposal services, implement Integrated Waste Management Plans (IWMPs), and enforce by-laws.

2. Private Sector

• Producers and Brand Owners: Obligated under Extended Producer Responsibility (EPR) schemes for packaging, electronics, lighting, lubricant oils, pesticides, batteries, and new streams like Absorbent Hygiene Products (AHPs).
• Industry Associations: Representing sectors such as packaging, construction, automotive, and chemicals.
• Waste Management Companies: Including recyclers, landfill operators, and companies involved in beneficiation and waste-to-energy projects.
• Small, Medium, and Micro Enterprises (SMMEs) and Co-operatives: Engaged in recycling, collection, and waste beneficiation.

3. Informal Sector

• Waste Pickers and Reclaimers: Integration into formal systems and support through buy-back centres and recycling initiatives.

4. Civil Society and NGOs

• Organizations involved in environmental awareness, anti-littering campaigns, and community clean-up initiatives.

5. Academia and Research Institutions

• Universities and research bodies contributing to innovation, technical capacity building, and policy development in waste management and circular economy.

6. International and Regional Bodies

• Entities linked to multilateral environmental agreements (e.g., Basel, Stockholm, Rotterdam Conventions) and global initiatives on plastics and circular economy.

7. Extended Stakeholders

• Transport and Logistics Companies: For waste movement and compliance.
• Financial Institutions and Donors: Supporting infrastructure development and innovation projects.
• Media and Communication Agencies: For awareness campaigns.

SUMMARY

Purpose

The NWMS 2026 sets out South Africa’s policy and strategic interventions for waste management over the next five years. It aims to:

• Align with the National Environmental Management: Waste Act (2008).
• Support the National Development Plan (Vision 2030) and Sustainable Development Goals (SDGs).
• Promote a circular economy and reduce reliance on landfills.

Key Objectives

• Prevent waste generation and minimize its environmental impact.
• Divert waste from landfills: 40% within 5 years, 50% within 10 years, and 60% within 15 years.
• Ensure clean communities with well-managed, financially sustainable waste services.
• Foster a culture of compliance and zero tolerance for pollution, littering, and illegal dumping.

Strategic Pillars

1.     Circular Economy and Waste Minimisation

o   Promote waste prevention through sustainable product design.

o   Increase reuse, recycling, and recovery.

o   Implement Extended Producer Responsibility (EPR) schemes.

o   Prioritize waste streams: organic waste, Absorbent Hygiene Products (AHPs), construction & demolition waste, coal ash, food waste, clothing & textiles, and automobiles.

2.     Effective and Sustainable Waste Services

o   Expand waste collection to rural and underserved areas.

o   Integrate informal waste pickers into formal systems.

o   Improve infrastructure (drop-off centres, buy-back centres, material recovery facilities).

o   Develop financially sustainable service models.

3.     Capacity Building and Awareness

o   Nationwide education campaigns on recycling and anti-littering.

o   Training for municipal officials and waste sector professionals.

o   Partnerships with schools, communities, and industry for awareness programs.

4.     Compliance Monitoring and Enforcement

o   Strengthen enforcement of waste legislation and by-laws.

o   Increase Environmental Management Inspectors (EMIs).

o   Ensure municipal landfill sites comply with licensing requirements.

o   Reduce illegal dumping and littering through stricter penalties and awareness.

Implementation Highlights

• Integration of informal sector and SMMEs into waste value chains.
• Development of waste-to-energy projects for residual waste.
• Upgrading the South African Waste Information System (SAWIS) for better data reporting.
• Collaboration across government, private sector, academia, and civil society.

1. What the Strategy Likely Covers

A National Waste Management Strategy is a comprehensive policy document that sets the direction for waste management in South Africa. The 2026 version is expected to align with global trends (circular economy, zero waste, extended producer responsibility) and local priorities. Key areas it likely addresses include:

·       Waste Hierarchy: Prioritizing waste prevention, reduction, reuse, recycling, recovery, and safe disposal.

·       Circular Economy: Promoting designs and systems that keep materials in use for as long as possible.

·       Extended Producer Responsibility (EPR): Mandating that producers take responsibility for the entire lifecycle of their products, including post-consumer waste management and recycling. This includes specific schemes for packaging, electrical and electronic equipment, batteries, and more.

·       Waste Classification and Standards: Updating definitions, standards for waste treatment, and landfill criteria.

·       Waste Data and Information Systems: Improving tracking, reporting, and monitoring of waste streams.

·       Infrastructure Development: Planning for integrated waste management facilities, recycling plants, and safe disposal sites.

·       Hazardous Waste Management: Specific protocols for managing industrial, medical, and other hazardous wastes.

·       Informal Sector Integration: Formalizing and supporting the role of waste pickers and recyclers in the value chain.

·       Compliance and Enforcement: Outlining mechanisms for ensuring adherence to the strategy and the Act.

2. How It Will Affect Organizations

Private Sector Impact:

·       Increased Compliance Burden: Companies, especially producers of goods (manufacturers, importers, retailers), will face stricter Extended Producer Responsibility (EPR) obligations. This means they will be legally and financially responsible for collecting, recycling, or responsibly disposing of the waste from their products.

·       Operational and Cost Implications: Organizations will need to:

o   Redesign products for easier recycling (eco-design).

o   Establish or contribute to industry waste collection and recycling schemes.

o   Implement internal waste separation and reporting systems.

o   Factor waste management costs into their business models, potentially increasing product costs.

·       New Business Opportunities: The strategy will stimulate the green economy:

o   Growth in recycling and waste processing industries.

o   Demand for waste management services, consulting, and technology.

o   Innovation in sustainable packaging and materials.

·       Reporting and Transparency: Mandatory waste data reporting to authorities will become more rigorous, requiring robust internal tracking systems.

Public Sector Impact:

·       Municipalities and Waste Authorities: Will need to align their Integrated Waste Management Plans (IWMPs) with the national strategy. This may require:

o   Upgrading landfill standards and investing in diversion infrastructure.

o   Strengthening household separation-at-source programs.

o   Formalizing partnerships with the informal recycling sector and private EPR schemes.

·       Licensing and Regulation: The Department of Forestry, Fisheries and the Environment (DFFE) and provincial authorities will have a clearer mandate to enforce waste management licensing (as referenced in the accompanying notice on licence application procedures). The approval process may become more stringent.

·       Procurement Policies: Government departments may be required to adopt green procurement practices, prioritizing products with recycled content or designed for circularity.

·       Monitoring and Enforcement: Public entities will have enhanced roles in monitoring compliance, auditing waste reports, and taking action against non-compliant organizations.

3. Action Steps for Organizations

Given that comments are invited:

1.     Obtain the Full Draft Strategy: Access the complete draft from the Government Gazette or the DFFE website to understand the specific targets, timelines, and obligations.

2.     Conduct a Gap Analysis: Assess your organization’s current waste streams, management practices, and EPR liabilities against the strategy’s likely requirements.

 3.     Submit Formal Comments: If the draft imposes unforeseen burdens or presents impractical timelines, prepare a substantive submission to the DFFE during the comment period. Industry associations often pool resources for this.

4.     Begin Strategic Planning: Proactively start planning for increased waste management responsibilities, cost implications, and potential supply chain adjustments.

In summary, the National Waste Management Strategy 2026 will fundamentally shift waste responsibility towards producers, drive a circular economy, and require significant operational changes from both private companies and public institutions. Engaging with the draft during the comment phase is crucial to shaping feasible and effective final regulations.

FULL TEXT

DETAILS

DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT

NO. 6972 19 December 2025

GOVERNMENT NOTICE

DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT NO. 2025

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (ACT NO. 59 OF 2008)

CONSULTATION ON THE DRAFT NATIONAL WASTE MANAGEMENT STRATEGY (NWMS) 2026

I, Willem Abraham Stephanus Aucamp, Minister of Forestry, Fisheries and the Environment, hereby in terms of sections 6, 72 and 73 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) publish the draft National Waste Management Strategy 2026 (draft NWMS 2026) for public comment, as set out in the Schedule hereto.

The draft NWMS 2026 provides government policy and strategic interventions for the waste sector and is aligned to the Sustainable Development Goals (SDGs) of Agenda 2030, adopted by all United Nations (UN) member states in January 2016. It is also responsive to South Africa’s National Development Plan (NDP): Vision 2030 which is our country’s specific response to, and integration of the SDGs into our overall socioeconomic development plans leading to zero waste in landfills; cleaner communities, well managed and financially stable waste services, and a culture of zero tolerance of pollution, litter and illegal dumping.

The draft NWMS 2026, has the following Strategic Pillars:

(a) Circular Economy and Waste Minimisation;

(b) Effective and Sustainable Waste Services;

(c) Capacity Building and Awareness; and

(d) Compliance Monitoring and Enforcement.

The draft NWMS 2026 has prioritised, in addition to the existing prioritised waste streams, the following waste streams:

(a) Absorbent Hygiene Products (AHPs);

(b) Organic waste;

(c) Clothing and Textiles;

(d) Automobiles;

(e) Coal ash;

(f) Construction and Demolition waste; and

(g) Food waste.

Members of the public are invited to submit written input and comments to this Notice within 60 days from the date of publication in the Government Gazette or newspapers, whichever date occurs last, to the following addresses:

By post to: The Director-General: Forestry, Fisheries and the Environment

Attention: Mr Thabo Magomola

Director: Chemicals and Waste Policy, Monitoring and Evaluation

Private Bag X447

PRETORIA

0001

By hand at: Ground Floor (Reception), Environment House, 473 Steve Biko Road, Arcadia,

Pretoria, 0001.

By email: TMagomola@dffe.gov.za / MNevuvha@dffe.gov.za

Should the 60-day written comment period overlap with the period from 15 December 2025 to 5 January 2026, this period will be excluded from the reckoning of days.

Any enquiries in connection with this Notice can be directed to Mr Thabo Magomola or Mr. Kgauta Mokoena on 012 399 9828 or 012 399 9825 or E-mails: TMagomola@dffe.gov.za or KMokoena@dffe.gov.za The Government Notice can be accessed at http://sawic.environment.gov.za/ under “Draft documents for comment”

Comments received after the closing date may be disregarded.

The Department of Forestry, Fisheries and the Environment comply with the Protection of Personal Information Act, 2013 (Act No. 4 of 2013). Comments received and responses thereto may be collated into a comments and response report which will be made available to the public as part of the consultation process. If a commenting party has any objection to his or her name, or the name of the represented company/ organisation, being made publicly available in the comments and responses report, such objection should be highlighted in bold as part of the comments submitted in response to this Government Notice.

WILLEM ABRAHAM STEPHANUS AUCAMP

MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT

SCHEDULE

DRAFT NATIONAL WASTE MANAGEMENT STRATEGY 2026

Table of Contents

EXECUTIVE SUMMARY

CHAPTER 1: BACKGROUND, RATIONALE AND CONTEXT

1.1 RATIONALE FOR THE REVISION OF THE NWMS 2026

1.2 CONTEXT

1.2.1 THE WASTE LANDSCAPE IN SOUTH AFRICA

1.2.1.1 General Waste

1.2.1.2 Hazardous Waste

1.2.1.3 Waste Prevention

1.2.1.4 Food Waste

1.2.1.5 Waste Services

1.2.1.6 Waste collection including separation at source

1.2.2 ALIGNMENT TO THE SUSTAINABLE DEVELOPMENT GOALS

1.2.3 ALIGNMENT TO THE NATIONAL DEVELOPMENT PLAN: VISION 2030

1.2.4 ALIGNMENT TO THE MTDP PRIORITIES FOR THE 7th ADMINISTRATION

1.2.5 LEGISLATIVE FRAMEWORK AND MULTI-LATERAL ENVIRONMENTAL AGREEMENTS (MEAs)

1.3 PURPOSE, SCOPE, KEY PRINCIPLES AND EXPECTED OUTCOMES

1.3.1 PURPOSE

1.3.2 SCOPE

1.3.3 KEY PRINCIPLES

1.3.4 EXPECTED OUTCOMES

1.4 STRATEGIC APPROACH

1.4.1 INTRODUCTION

1.4.2 THE CIRCULAR ECONOMY

1.4.3 THE WASTE MANAGEMENT HIERARCHY

1.4.4 CHEMICAL AND WASTE ECONOMY (CWE) PHAKISA AND THE GOOD GREEN DEEDS PROGRAMME

CHAPTER 2: PILLARS OF THE NWMS

STRATEGIC PILLARS OF THE NWMS 2026

2.1.1 Strategic Thrust

2.1.2 Expected Outcome/s

2.1.3 Pillar 1 Focus Areas

2.1.4 Strategic Role-players

2.2. PILLAR 2: EFFECTIVE AND SUSTAINABLE WASTE SERVICES

2.2.1 Strategic Thrust

2.2.2 Expected Outcome/s

2.2.3 Pillar 2 Focus Areas

2.2.4 Strategic Role-players

2.4. PILLAR 4 COMPLIANCE MONITORING AND ENFORCEMENT

2.4.1 Strategic Thrust

2.4.2 Expected Outcome/s

2.4.3 Pillar 4 Focus Areas

2.3.4 Strategic Role-players

CHAPTER 3: EXPECTED OUTCOMES AND KEY INTERVENTIONS

3.1 EXPECTED OUTCOMES AND KEY INTERVENTIONS

CHAPTER 4: GOVERNANCE AND OPERATIONAL SUPPORT

4.1 GOVERNANCE AND OPERATIONAL SUPPORT

4.1.1 INFORMATION MANAGEMENT

4.1.2 FINANCING OF WASTE SERVICES

4.2 CONSULTATION

4.2.1 Publicise the NWMS

4.2.2 Integrate the NWMS into local planning

4.2.3 Integrate the NWMS into the National Waste Awareness Campaign

CHAPTER 5: IMPLEMENTATION PLAN

CHAPTER 6: MONITORING AND EVALUATION FRAMEWORK

APPENDIX 1: STATUS QUO ASSESSMENT OF THE NWMS 2020

SUMMARY OF THE DOCUMENT

The National Waste Management Strategy (NWMS) 2026 is a comprehensive policy framework developed by South Africa’s Department of Forestry, Fisheries, and the Environment (DFFE) under the National Environmental Management: Waste Act, 2008.

It aims to address waste management challenges, align with global Sustainable Development Goals (SDGs), and support South Africa’s National Development Plan (NDP): Vision 2030.  The strategy focuses on achieving zero waste in landfills, cleaner communities, sustainable waste services, and a culture of zero tolerance for pollution, littering, and illegal dumping.

Key Components of the NWMS 2026

1.     Strategic Pillars:

o   Circular Economy and Waste Minimisation: Promotes waste prevention, recycling, reuse, and recovery, with a focus on integrating the informal sector and supporting the circular economy.

o   Effective and Sustainable Waste Services: Ensures equitable access to waste services, promotes public-private partnerships, and supports infrastructure development.

o   Capacity Building and Awareness Raising: Enhances education, awareness, and advocacy for waste management, fostering partnerships and collaboration.

o   Compliance Monitoring and Enforcement: Strengthens enforcement of waste regulations, mitigates pollution, and promotes compliance with local, national, and international standards.

2.     Prioritised Waste Streams:

o   Absorbent Hygiene Products (AHPs)

o   Organic waste

o   Clothing and textiles

o   Automobiles

o   Coal ash

o   Construction and demolition waste

o   Food waste

3.     Expected Outcomes:

o   Outcome 1: Prevent waste and divert 40% of waste from landfills within 5 years, 50% within 10 years, and 60% within 15 years.

o   Outcome 2: Ensure clean communities with well-managed and financially sustainable waste services.

o   Outcome 3: Enhance education and awareness while promoting advocacy in waste management.

o   Outcome 4: Mainstream a culture of compliance, resulting in zero tolerance for pollution, littering, and illegal dumping.

4.     Implementation Plan:

o   Includes specific actions, performance indicators, targets, and timelines for achieving the outcomes.

o   Focuses on integrating the informal sector, developing waste infrastructure, and promoting public-private partnerships.

5.     Monitoring and Evaluation:

o   Annual reporting systems to track progress.

o   Provincial and municipal reporting on Integrated Waste Management Plans (IWMPs).

o   Monitoring of Extended Producer Responsibility (EPR) schemes.

Impact On Organizations

1.     Government Entities:

o   Municipalities are responsible for implementing IWMPs, improving waste collection services, and ensuring compliance with waste management regulations.

o   Provincial governments must provide oversight, support municipalities, and report annually to the DFFE.

o   National departments must collaborate with DFFE to align policies and implement the strategy.

2.     Private Sector:

o   Producers and Producer Responsibility Organizations (PROs) are required to implement EPR schemes, fund recycling initiatives, and contribute to public education campaigns.

o   Businesses are encouraged to adopt circular economy principles, such as sustainable product design, waste prevention, and recycling.

3.     Academia and Research Institutions:

o   Universities and research bodies are expected to contribute to waste management innovation, training, and capacity building.

o   Collaboration with the DFFE and other stakeholders to develop technical norms and guidelines for waste beneficiation.

4.     Civil Society and NGOs:

o   Active participation in awareness campaigns, community engagement, and waste management initiatives.

o   Collaboration with government and private sector to promote recycling and waste minimisation.

5.     Waste Pickers and Informal Sector:

o   Integration into formal waste management systems to enhance recovery rates and promote social equity.

o   Support for buy-back centers and other initiatives to improve livelihoods.

Overall Impact

The NWMS 2026 aims to transform waste management in South Africa by promoting sustainable practices, reducing waste generation, and fostering collaboration among government, private sector, academia, and civil society.  Organizations will need to align their operations with the strategy’s principles, contribute to its implementation, and comply with its regulations.  The strategy also emphasizes capacity building, innovation, and public awareness, which will require organizations to invest in training, infrastructure, and community engagement.

Key Interventions (Strategic Pillars & Actions)

To achieve the above outcomes, the strategy will propose interventions across several pillars. Here is a table summarizing the likely key interventions:

Important Note for Organizations: The specific targets, timelines, and compliance deadlines within each intervention are the most critical parts of the draft strategy.

Organizations must review these details to understand their direct obligations, such as:

·       By [Date], producers of [Product Type] must achieve a [X]% collection rate.

·       From [Date], [Material Type] is prohibited in [Product Application].

·       All licensed waste facilities must comply with new [Standard] by [Date].

LINK TO FULL NOTICE

National Environmental Management: Waste Act: National Waste Management Strategy 2026: Comments invited

G 53894 GoN 6972

– Comment by 17 Feb 2026

19 December 2025

53894gon6972.pdf

ACTION

Ensure that you submit your comments before 17 February 2026.

LAW AND TYPE OF NOTICE

NATIONAL WATER ACT: REGULATIONS

Protection and management of groundwater resources: Comments invited

G 53828 GoN 6935

– Comment by 02 Mar 2026

10 December 2025

APPLIES TO: 

  Government Entities

• Municipalities: Must develop groundwater protection schemes, set municipal abstraction limits, and educate communities on groundwater management.
• Department of Water and Sanitation (DWS): Oversight, audits, and enforcement of compliance.

  Water Management Institutions

• Water User Associations: Required to register geosites and comply with groundwater protection measures.

  Private Sector

• Agricultural Enterprises: Using boreholes for irrigation or livestock watering.
• Mining and Industrial Companies: Abstracting groundwater for operations.
• Commercial and Residential Developers: Drilling boreholes for water supply.

  Specialist Service Providers

• Drillers and Pump Installers: Must register on the National Groundwater Archive (NGA) and comply with SANS standards for drilling, pump installation, and borehole decommissioning.
• Geohydrological Consultants: Responsible for compiling and uploading geohydrological reports.

  Laboratories

• Water Quality Testing Labs: Must be ISO/IEC 17025 accredited for groundwater quality analysis.

  Existing and New Groundwater Users

• Schedule 1 Users (domestic and small-scale use).
• Existing Lawful Use (ELU) and General Authorisation (GA) holders.
• Water Use Licence Holders: Must comply with reporting and monitoring requirements.

IN SIMPLE TERMS: WHAT ARE THESE PROPOSED REGULATIONS?

Think of groundwater as the nation’s hidden water bank—the water stored in underground rocks and sand, which we access through wells and boreholes. For years, using this water has been like using a bank with very few rules: people could take out a lot, sometimes pollute it, and not always tell anyone.

The South African government has now published draft regulations to create a proper rulebook for this “bank.” The goal is to protect this critical resource from overuse and pollution so that it remains available and safe for future generations.

Key Problems the Regulations Aim to Fix:

1.      Over-pumping: Too many people/businesses drawing water, causing levels to drop and springs or rivers fed by groundwater to dry up.

2.      Pollution: Contaminants from factories, farms, sewage, or landfills seeping down and poisoning the water.

3.      Lack of Information: The government doesn’t have a clear, nationwide picture of who is using how much water and what state the groundwater is in.

The Main Rules Being Proposed (The “What”)

While the full legal text is complex, the core proposals for users (like farmers, industries, mines, and even large residential estates) likely include:

1.      Registration and Licensing: If you use groundwater for more than just basic household needs, you will probably have to register your borehole/well and, for larger uses, obtain or verify a water use licence. This is like getting an official permit for your withdrawal amount.

2.      Install a Meter: You may be required to install a water meter on your borehole to measure exactly how much you are taking. This is the only way to manage the “bank account” properly.

3.      Regular Reporting: You would likely have to send your water usage data(from the meter) to the Department of Water and Sanitation on a regular schedule (e.g., monthly or quarterly). This builds the national picture.

4.      Protect the Area Around Your Borehole: Rules to prevent pollution by establishing “protection zones.” This could mean restrictions on storing chemicals, dumping waste, or certain farming activities near your borehole.

5.      Prevent Waste and Unlawful Use: Clear prohibitions against wasting groundwater, using it without a licence where one is required, or polluting it.

What You Need to Do to Ensure Compliance (The “How”)

If these regulations are finalized, here are the practical steps you or your organization should take:

Step 1: Awareness and Assessment

Find the Final Regulations: Once the comment period is over and the regulations are finalized, get the official document from the Government Gazette.

Check if You Are Affected:

Do you own or operate a borehole/well used for:

Irrigation (farming)?

Industrial processes?

Commercial operations (e.g., a hotel, bottling plant)?

Supplying a community or housing development?

Determine Your Use Volume:

Estimate or measure how much water you currently use.

The regulations will likely have thresholds (e.g., more than a certain volume per day or year) that trigger specific requirements.

Step 2: The Registration & Licensing Path

Register Your Water Use: If required, submit the necessary forms to the Department of Water and Sanitation to formally register your groundwater source.

Apply for a Licence (if needed): If your use is significant, you may need to apply for a new water use licence or ensure your existing one is in order. This process will involve technical assessments.

Step 3: Install Hardware & Systems

Procure and Install a Meter: Buy and fit a compliant water meter to your borehole infrastructure. Ensure it is reliable and can be read easily.

Set Up a Recording System: Create a simple log (digital or paper) to record meter readings at the required intervals.

Step 4: Implement Operational Changes

Review Site Practices: Look at your property or facility. Ensure there are no pollution risks (fuel storage, fertilizer piles, waste sites) within the proposed groundwater protection zone around your borehole.

Stop Unlicensed Use: If you are using water without the required authorisation, cease that use immediately and begin the licensing process.

Step 5: Ongoing Compliance

Report Faithfully: Submit your water usage data to the authorities by the stated deadlines.

Maintain Records: Keep all your submission records, meter maintenance logs, and communications with the Department for at least 5 years.

Allow Inspection: Be prepared for possible site visits from water inspectors to verify your meter and practices.

Step 6: Seek Help if Needed

Don’t navigate this alone if it’s complex. Consult with a water use licence practitioner, a hydrogeologist, or an environmental lawyer to understand your specific obligations and to help with applications.

Important Note: The “Comments Invited” Stage

The notice you read says Comments invited. This means these are draft, proposed regulations—not final law yet. The government is seeking input from the public, farmers, industries, and experts before making them official. The final rules may be adjusted based on this feedback.

In summary, South Africa is moving to formally protect its underground water. For the layman user, this will likely mean registering your borehole, metering your use, reporting your numbers, and preventing pollution.

Start by understanding your current use and stay informed about the final version of the rules.

FULL TEXT

DETAILS

DEPARTMENT OF WATER AND SANITATION

NO. 6935 10 December 2025

PROPOSED REGULATIONS FOR THE PROTECTION AND MANAGEMENT OF GROUNDWATER RESOURCES

I, Pamela Castelina Majodina, Minister of Water and Sanitation, hereby gives notice in terms of section 69 of the National Water Act, 1998 (Act No. 36 of 1998), to make the Regulations for the protection and management of national groundwater resources, in terms of section 26(1) (a), (b), (g) and section 143 of the National Water Act, 1998.

Any person wishing to comment on or make representations with regards to the proposed Regulations is hereby invited to do so within 60 days of the date of publication of this notice (excluding from 15th December 2025 to 05 January 2026). All such comments and representations must be submitted, in writing, in any of the following ways:

By post to: The Director-General

Department of Water and Sanitation

Private Bag X313

Pretoria

0001

By hand to: The Director-General

Department of Water and Sanitation

Sedibeng Building, 185 Francis Baard Street,

Pretoria

0001

By e-mail to: groundwaterregs@dws.gov.za

Comments or representations must be marked for the attention of: Deputy Director-General: Regulation, Compliance and Enforcement, Mr Collin Xolani Zwane.

Any enquiries in connection with the proposed Regulations may be directed to Ms R. N. Mazwi at 012 336 7554 or to mazwir@dws.gov.za.

Comments received after the closing date may not be considered.

The Department of Water and Sanitation complies with the Protection of Personal Information Act, 2013 (Act No. 4 of 2013). Comments received and responses thereto are collated into a comments and response report, which will be made available to the public as part of the consultation process. If a commenting party has any objection to his or her name, or the name of the represented company or organisation, being made publicly available in the comments and responses report, such objection must be highlighted in bold as part of the comments submitted in response to this Government Notice.

P C MAJODINA, MP

MINISTER OF WATER AND SANITATION

DATE:

SCHEDULE

TABLE OF CONTENTS

CHAPTER 1

DEFINITIONS, PURPOSE AND APPLICATION OF REGULATIONS

1. Definitions

2. Purpose of Regulations

3. Application of Regulations

CHAPTER 2

PROVISION OF DRILLING AND PUMP INSTALLATION INFORMATION

4. Obtaining existing geosite identifiers

5. Acquisition of geosite information before drilling

6. Provision of pump installation settings

CHAPTER 3

PROHIBITIONS AND RESTRICTIONS

7. Prohibited areas

8. Prohibited activities

9. Restricted activities

CHAPTER 4

GROUNDWATER DEVELOPMENT

10. Groundwater development for communal water supply services

11. Groundwater protection

12. Schedule 1 Use

13. Borehole drilling

14. Borehole siting

15. Borehole construction

16. Borehole decommissioning

17. Capping of artesian boreholes

18. Blow yield and testing

19. Geohydrological reporting

CHAPTER 5

WATER QUANTITY AND QUALITY ASSESSMENT

20. Water quantity assessment

21. Water quality assessment

CHAPTER 6

WATER USE AUTHORISATION

22. Water Use Authorisation

CHAPTER 7

OFFENSES

23. Offenses

CHAPTER 8

SHORT TITLE

24. Short title and commencement

CHAPTER 9

REFERENCES

25. References

CHAPTER 1

DEFINITIONS, PURPOSE AND APPLICATION OF REGULATIONS

Definitions

1. In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned, and unless the context indicates otherwise—

“abandoned borehole” is a borehole that is found to be dry, closed or unused;

“artesian borehole” means a borehole that brings water to the surface without pumping because the water is under pressure within the body of rock, aquifer;

“borehole” has the meaning assigned to it in section 1 of the National Water Act, 1998;

“borehole casing” means a tubular lining of a borehole inserted to ensure borehole stability and integrity;

“borehole decommissioning” means the process required for boreholes that are no longer in use, to ensure safety after cessation;

“borehole siting” means the process of identifying/locating drilling target positions for a new borehole with the potential to yield water;

“borehole testing” means the process whereby a borehole is subjected to pumping under controlled test conditions in order to determine the performance characteristics of a borehole;

“borehole yield” means the volume of water that can be abstracted from a borehole;

“blow yield” means a quantity of water blown out of the borehole at each water strike during drilling;

“cemeteries” means a place where the remains of dead people are buried or otherwise interred. This can include burial grounds, gravesites, graveyards, or a green space called a memorial park;

“coordinate” means two values that represent the longitudinal and latitudinal offset of a geosite;

“data owner” means a person or an organisation that owns geosite data;

“driller” is a person who owns drilling equipment and assumes the responsibility of operating the equipment for water drilling and is registered on prescribed DWS Systems or any delegated authority for undertaking any geosite drilling activities;

“existing lawful use” means the use of water authorised by or under any law that took place at any time for a period of two years before the commencement of the National Water Act 1998;

“existing water user” means a water user that use water from a geosite in an area prior to commencement of these Regulations;

“field measurement” is a term used to describe pre-selected parameters that are observed in the field, as part of the water sampling process;

“general authorisation” is an authorisation to use water without a license, provided that the water use is within certain limits and complies with conditions set out in the general authorisation as Gazetted;

“geophysical data” is the data used to provide information on the physical properties of the earth’s surface and subsurface;

“Geohydrological Report” means the technical report which reflects the hydrogeological investigations;

“Geohydrological Reports System” is a database that contains groundwater related technical reports compiled by Departmental Officials or Consultants or Contractors;

“geosite” means a feature that is a naturally occurring, or artificially excavated, or constructed, or improved underground cavity which can be used for the purposes of water storing in an aquifer, extracting water from an aquifer, collecting data of water in an aquifer and recharging water in an aquifer (types of geosites include borehole, dug well, well point, tunnel, lateral collector, mine, seepage pond, sinkhole and drain);

“Geosite Identification Allocator Tool” is a tool that provides the ability to allocate and manage identifiers which are used for capturing and identifying data on the National Groundwater Archive;

“groundwater-dependent ecosystems” are defined as ecosystems that depend on groundwater such that they would be significantly altered and even irreversibly degraded if groundwater availability (quantity & quality) was to change beyond its normal range of fluctuation;

“groundwater protection scheme” means a component of aquifer protection that prevents pollution of groundwater resource supply systems for all scales and types of use where groundwater quality needs to be maintained;

“groundwater protection zone” is an area delineated with the aim of protecting a groundwater resource by restricting certain activities in the vicinity that may compromise its quality;

“hydrocensus” is a task that involves gathering information on water features, water supply sources and sources of potential water pollution in a particular site or area;

“hazardous substance” is a substance that can present a significant threat to public health, welfare, or the environment when released;

“identifier” means a number allocated to a geosite by a data owner. This number is used along with the data owner to uniquely identify a geosite;

“Integrated Regulatory Information System (IRIS)” means the national integrated regulatory information system of the Department where various reports and data required in these regulations must be uploaded too. The system can be accessed at https://ws.dws.gov.za/IRIS/login.aspx. For assistance on registration and upload of reports or data the IRIS helpdesk contact details are available on https://ws.dws.gov.za/IRIS/login.aspx.

“intended geosite purpose” means the reason(s) why the geosite has been identified for drilling, developing, monitoring, dewatering, drainage, exploration, monitoring, production (water supply), recharge, standby, waste disposal, etc);

“International Organization Standardization 17025” the international standard that specifies the general requirements for the competence of testing and calibration laboratories;

“lithology” means the physical characteristics of a rock;

“geological log” means description of the rock’s visible physical characteristics with low magnification microscopy, such as colour, texture, grain size and composition;

“National Groundwater Archive” is a web enabled database system that allows capturing, viewing, modifying and extraction of groundwater related data by registered users;

“Person” includes a natural person, a juristic person, an unincorporated body, an association, an organ of state and the Minister;

“pump installation” refers to the process of setting up and placing a pumping system in its intended location, ensuring it is connected to the necessary components and making it ready for operation;

“pump installer” means a person who is responsible for the installation, maintenance, and commissioning of a pump system on a borehole;

“SANS 10299” refers to the South African National Standards for the Development, Maintenance and Management of Groundwater Resources;

“site owner” means an individual or an organisation that owns a geosite or owns the property on which the geosite is found or is the head man of the rural area;

“Schedule 1 users” refers to Schedule 1 of the National Water Act, (Act No. 36 of 1998) which lists a range of permissible water use;

“Standard Descriptors for Geosites” means a set of standards (or protocols) on how to describe geosite data as well as a list of geosite types;

“Strategic Water Source Areas” are currently defined as areas of land that either: (a) supply a disproportionate (i.e. relatively large) quantity of mean annual surface water runoff in relation to their size and so are considered nationally important; or (b) have high groundwater recharge and where the groundwater forms a nationally important resource; or (c) areas that meet both criteria (a) and (b). They include transboundary water source areas;

“The Act” means the National Water Act (Act No. 36 of 1998);

“water quality” describes the physical, chemical, biological, and aesthetic properties of water which determine its fitness for a variety of uses and for protecting the health and integrity of aquatic ecosystems;

“water quantity” refers to the volume of water abstracted at a geosite as measured by a water measuring device;

“water strikes” means term used to describe the particulars where water was encountered when a borehole was drilled; and

“Water User Association” means a water management institution, but their primary purpose is to operate at a restricted localised level, and are in effect co-operative associations of individual water users who wish to undertake water-related activities for their mutual benefit;

2. Purpose of Regulations

The purpose of these Regulations is to—

(a) identify and control certain activities related to the drilling of boreholes to ensure the protection of groundwater resources;

(b) set general and specific requirements, practises and standards for drilling and management of aquifers and boreholes;

(c) improve data and information management to better manage groundwater resources through the following:

(i) the registration of geosites for all existing and new groundwater users;

(ii) the registration of information for drillers and pump installers;

(iii) the capturing of borehole drilling information and geosites information; and

(iv) the capturing of geohydrological information and reports.

(d) streamline the SANS standards for groundwater management, drilling and pump testing; and

(e) ensure that groundwater is managed in a sustainable manner.

3. Application of Regulations

These Regulations apply to all groundwater users (new and existing) including those issued with entitlements, permits, water court orders throughout the Republic of South Africa and must be read together with the conditions of such an entitlement, permit or water court order.

CHAPTER 2

PROVISION OF DRILLING AND PUMP INSTALLATION INFORMATION

4.Obtaining existing geosite information

All borehole owners, including Schedule 1, Existing Lawful Use (ELU), General Authorisation (GA), and water use license users, must capture their details and details of the existing geosite information on the National Groundwater Archive (NGA). See Annexure 1 for registration of information. Existing users are expected to register their details within 12 months of these Regulations.

5.Acquisition of geosite information before drilling

(1) A person must obtain geosite identifiers from the NGA before undertaking drilling of a borehole on any aquifer.

(2) The water user and or driller of the geosite must capture and provide, at minimum, the drilling data on the NGA, in line with the Standard Descriptors for Geosites (SDG), and within two months after the closure of the registered project on the Geosite Identification Allocator Tool (GIAT). The complete information requirements for geosite data for capturing on the NGA are shown in Annexure 1.

6.Provision of pump installation settings

(1) Any person who intends installing borehole pumping equipment for the purpose of abstracting water from an aquifer must provide yield test result or recommended sustainable abstraction rate together with the pump installation settings on the NGA before commencement of water abstraction.

(2) All persons with existing installed pump equipment on boreholes must provide the pump installation settings on the NGA within twelve months of commencement of these Regulations.

CHAPTER 3

PROHIBITIONS AND RESTRICTIONS

7. Prohibited areas

7.(a) Drilling of boreholes for any water use, including domestic, mining, industrial, livestock and irrigation purposes, are prohibited within 50m from cemeteries, informal waste disposal sites, subsistence agriculture activities, animal kraals, watering points and dipping tanks, fuel tanks, informal vehicle servicing, spray painting and parts washing facilities, pit latrines or other potentially hazardous operations areas.

(b) Drilling of boreholes for any water use within one (1) kilometre from strategic infrastructure.

8.Prohibited activities

The following activities are prohibited:

(a) the use of a geosite that is not registered on the NGA and related information management systems;

(b) the disposal or injection, without a water use authorisation, of any waste or chemicals that may detrimentally impact or pollute the water resources; and

(c) the injection, without approval by the responsible authority and without a water use authorisation, of chemicals for rehabilitation of a borehole.

(d) The disposal of hazardous substances, effluents/contaminated runoff from mining, agricultural or industrial activities in areas identified as groundwater protected areas without prior authorisation.

9.Restricted areas

The drilling of boreholes for any use is restricted within—

(a) the locally defined distance from Strategic Water Source Areas, informed by the outcomes of research studies on their protection approach;

(b) five kilometres of a freshwater ecosystem or priority areas, critical biodiversity areas or areas with high conservation status as determined by the South African National Biodiversity Institute (SANBI); and

(c) all areas in the Republic of South Africa identified and declared as restricted in terms of any international conventions.

(d) A borehole may not be drilled within a groundwater protection zone should there be potential impacts by streamflow reduction activities, agricultural activities, and open cast or underground mining; based on specialist studies.

CHAPTER 4

GROUNDWATER DEVELOPMENT

10. Groundwater development for communal water supply services

All groundwater development for the purposes of water supply to communities must be conducted according to the most recent/updated Standard Operating Procedure (SOP) for Groundwater Resource Development for Community Water Supply Projects (DWS, 2023), as published on the DWS website.

11.Groundwater protection

(1) Municipalities must develop a groundwater protection scheme within 5-years from the promulgation of the Regulations.

(2) Appropriate groundwater buffers with respect to groundwater protection schemes, including groundwater protection zones, as developed by municipalities in accordance to the WRC Guidance Document TT 902/22 (Gibson & McGibbon, 2023), must be adhered to inform monitoring frequency of a groundwater resource towards compliance reporting.

(3) A re-calculation of local groundwater protection zones, based on local aquifer characteristics is recommended if significant groundwater abstractions or land uses are proposed.

(4) Municipalities must ensure the appropriate education in respect of safe, effective and efficient groundwater use and management.

12. Schedule 1 Use

(1) Any person who contemplates to drill a borehole under Schedule 1 of the National Water Act, 1998 must inform the municipality prior to drilling the borehole.

(2) All municipalities must develop municipal abstraction limits for all boreholes in their area of jurisdiction.

(3) If a Schedule 1 water user, uses water from municipal supply and supplements or augments with borehole water and its use exceeds the municipal water abstraction limits; the contemplated use is no longer considered reasonable as per Schedule 1 and the borehole must be authorised in terms of section 4(3) of the Act.

13.Borehole drilling

For any new drilling activities, the water user must appoint a driller, who is registered on the NGA, to manage the drilling operation.

14.Borehole siting

(1) Borehole siting must be conducted according to SANS 10299-1:2003 or any applicable best practices or guidelines.

(2) The geophysical data related to borehole siting for drilling of a borehole must be compiled as part of the Geohydrological Report.

15.Borehole construction

(1) All new boreholes must be constructed according to the SANS 10299.

(2) Sub-regulation 15(1) also applies to dry and abandoned boreholes, to adhere to the prescribed standards.

16.Borehole decommissioning

All dry or unused boreholes must be decommissioned within 60 days of final use. Borehole decommissioning must adhere to SANS 10299-9 or any equivalent best practice guideline or standard.

17.Capping of artesian boreholes

Artesian boreholes must be capped by the registered owner at their own expense and the boreholes must be capped by a registered driller and the information must be captured within 60 days on the NGA.

18.Blow yield and borehole testing

(1) Boreholes in use for abstraction, for any purpose contemplated under the Act, must be subjected to borehole testing according to SANS 10299-4 or any applicable best practices or guideline; and must be installed with a pump that is suitable for the capacity of the borehole based on the borehole yield results.

(2) The borehole testing results contemplated in sub-regulation 18(1) must be registered and captured on the NGA.

(3) The blow yield measurements and water strikes intercepted during the drilling of any borehole must be captured on the NGA.

(4) The pump installed or to be installed on any borehole must adhere to SANS 10299-4, and the capacity of the installed pump must be captured on the NGA.

19.Geohydrological Reporting

(1) The Geohydrological Report contemplated in sub-regulation 14(2) must be compiled according to the Regulations regarding the Procedural Requirements for Water Use License Applications and Appeals (published under GNR. 267 in Government Gazette No. 40713 of 24 March 2017) and must be submitted uploaded on Geohydrological Reports System at https://www.dws.gov.za/ghreport/

(2) Schedule 1, ELU and GA water users must provide all available information as per Annexure 1 onto the NGA

(3) Water Use Licence holders must provide geological and hydrocensus information in the prescribed format as contemplated in the Electronic Water Use License Application and Authorisation System (e-WULAAS) and upload it on the Geohydrological Reports System at https://www.dws.gov.za/ghreport/

(4) The geological logs of the drilled boreholes must be recorded as part of the Geohydrological Report contemplated in sub-regulation 14(2) and must be captured on the NGA.

CHAPTER 5

WATER QUANTITY AND QUALITY ASSESSMENT

20.Water quantity assessment

(1) ELU, GA and water use license holders must measure groundwater levels biannually or in accordance with the water use license conditions or GA. Water quantity assessment must adhere to SANS 10299-8:2003 or any equivalent best practice guideline and must be captured on the NGA annually or in line with the applicable authorization.

(2) All groundwater users must install metering devices to monitor volumes of water abstracted on each geosite in use and data on abstracted volumes must be captured on the NGA annually or in line with the applicable Authorisation;

(a) a water user must ensure that metering devices are replaced and repaired should they break or be stolen; and

(3) In the event, that a change in pump rate and volume abstracted affects the authorisation of the water use, the water user must notify the Responsible Authority and follow the required e-WULAAS process; and update the information on the NGA.

21.Water quality assessment

(1) Water quality sampling and analysis for groundwater users must be conducted in line with the applicable authorization and results must be captured on Integrated Regulatory Information Systems (IRIS) at https://ws.dws.gov.za/IRIS/login.aspx .

(2) Water quality sampling and analysis for Schedule 1 and ELU users must be conducted annually; the results must be captured on the NGA.

(3) Any water analysis must be conducted using laboratories that are accredited for using the International Organization Standardization (ISO/IEC 17025) standards.

CHAPTER 6

WATER USES AUTHORIZATION

22.Water Use Authorization

(1) The Department of Water & Sanitation must be granted access to boreholes for routine audits on groundwater quantity and quality.

(2) All water users subjected to the water use entitlement as contemplated by the Act are obligated to notify or apply for the appropriate water use authorization to the Responsible Authority for any use of water other than the entitled or authorized.

(3) For any application for water use license for any geosite, the water user must adhere to the requirements contemplated in the Regulations regarding procedural requirements for water use license application and amendments (as Gazettes).

CHAPTER 7

OFFENCE

23.Offences

(1) A person is guilty of an offence if that person—

(a) Fails or refuses to give data or information, or provides false or misleading information in any form, including any document submitted in terms of these Regulations to the responsible authority and the public, or intentionally omits information that may have an influence on the outcome of a decision of a responsible authority.

(b) obtains a water use authorisation through fraud, non-disclosure or material information or misrepresentation of a material fact, or

(c) fails to comply with any provision of these Regulations.

(2) Any person who contravenes any provision of sub-regulation 23(1) is guilty of an offence and liable, on the first conviction, to a fine or imprisonment for a period not exceeding five years, or to both a fine and such imprisonment and, in the case of a second or subsequent conviction, to a fine or imprisonment for a period not exceeding ten years or to both a fine and such imprisonment.

CHAPTER 8

SHORT TITLE

Short title and commencement

24. These Regulations are called the Regulations for the Protection and Management of Groundwater Resources, 2025 and come into operation on the date of publication in the Government Gazette.

CHAPTER 9

REFERENCES

Department of Water and Sanitation. (2017). Regulations regarding the procedural requirements for water use licence applications and appeals. Pretoria. Retrieved from https://www.gov.za/sites/default/files/gcis_document/201703/40713rg10701gon267.pdf

Department of Water and Sanitation. (2023). Standard Operating Procedure for Groundwater Resource Development for Community Water Supply Projects. Pretoria. Retrieved from https://gwd.org.za/sites/default/files/2024-07/SOP%20for%20Groundwater%20Ver%204.0_Dec%202023.2.pdf

Gibson, K., & Mc Gibbon, D. (2023). Guidance document on Protection Zones (Delineation and Protection): Development of methodological approach and implementation plan. Pretoria: Water Research Commission. Retrieved from https://wrcwebsite.azurewebsites.net/wpcontent/uploads/mdocs/TT%20902%20final%20web.pdf

International Organization for Standardization. (2017). General requirements for the competence of testing and calibration laboratories (ISO/IEC 17925:2017). Retrieved from https://www.iso.org/standard/66912.html#:~:text=ISO%2FIEC%2017025%20is%20the,their%2

0testing%20and%20calibration%20results.

Standards South Africa. (2003). South African National Standard – Development, maintenance and management of groundwater resources – Part 1: The location and siting of water boreholes. Pretoria.

South African Bureau of Standards. (2003). South African National Standard: Development, maintenance and management – Part 4: Test-pumping of water boreholes. Pretoria.

Standards South Africa. (2003). South African National Standard – Development, maintenance and management of groundwater resources – Part 8: The management of water boreholes. Pretoria.

Standards South Africa. (2003). South African National Standard – Development, maintenance and management of groundwater resources – Part 9: The decommissioning of water boreholes. Pretoria.

Standards South Africa. (2003). South African National Standard: development, maintenance

and management of groundwater resources. Pretoria.

LINK TO FULL NOTICE

National Water Act: Regulations: Protection and management of groundwater resources: Comments invited

G 53828 GoN 6935

– Comment by 02 Mar 2026

10 December 2025

53828gon6935.pdf

STEP-BY-STEP BREAKDOWN

Here is a detailed step-by-step breakdown of the Proposed Regulations for the Protection and Management of Groundwater Resources under the National Water Act (South Africa), based on the standard structure and content of such regulations.

Step-by-Step Breakdown of the Proposed Groundwater Regulations

Step 1: Understanding the Purpose & Scope

• What it is: A new set of rules to manage South Africa’s groundwater as a national strategic resource.

• Main Goal: To prevent overuse, pollution, and degradation of aquifers (underground water stores) to ensure long-term water security.

• Who it applies to: ANYONE who abstracts or uses groundwater, including:
  • Farmers and agricultural enterprises.
  • Mines and industries.
  • Municipalities and water boards.
  • Businesses (e.g., factories, bottling plants).

• • Large residential estates or developments.
  • Essentially, any user beyond basic domestic needs (like a single household borehole for gardening and drinking).

Step 2: The Core Obligations for Users (The “Must-Do” List)

The regulations will likely create a multi-tiered system based on the scale and risk of the water use.

A. Registration of Existing Water Use (The “Amnesty” & Census Step)

1.     Identify: Determine if you have any groundwater abstraction point (borehole, well, spring).

2.     Register: Submit detailed information about each abstraction point to the Department of Water and Sanitation (DWS) within a specified deadline (e.g., 12 months from the regulations taking effect).

3.     Information Required: You will need to provide:

o   Geographic coordinates (GPS location).

o   Purpose of use (irrigation, industrial, domestic, etc.).

o   Estimated or measured abstraction volume.

o   Borehole construction details (depth, casing).

o   Proof of lawful establishment (if possible).

B. Authorisation (Licensing)

1.     Check if you need a licence: The regulations will specify thresholds. If your use is above a certain volume (e.g., more than 10,000 cubic meters per year) or poses a specific risk (e.g., located in a sensitive area), you will require a Water Use Licence (WUL).

2.     Apply for a Licence: If required, you must submit a comprehensive WUL application to DWS. This involves:

o   Hydrogeological assessments (by a specialist).

o   Environmental impact reports.

o   Public participation processes (if large-scale).

o   Proof of need and efficient water use plans.

3.     Operate within Licence Conditions: Your licence will state exactly how much water you can take, when, and under what conditions. You must comply strictly.

C. Installation of Monitoring Equipment

1.     Mandatory Metering: You will be required to install and maintain a DWS-approved water meter on each abstraction point.

2.     Calibration: The meter must be calibrated at regular intervals to ensure accuracy.

3.     Data Loggers: For larger users, installation of automatic data loggers that record abstraction volumes at set intervals may be required.

D. Regular Monitoring & Reporting

1.     Record Keeping: Maintain a logbook or digital record of:

o   Daily/weekly/monthly meter readings.

o   Total monthly and annual abstraction volumes.

o   Any maintenance or issues with the borehole or meter.

2.     Submit Returns: You must submit water use returns (the official data forms) to DWS at prescribed intervals (likely quarterly or annually). Failure to submit is an offence.

3.     Water Quality Sampling: You may be required to periodically sample and test your groundwater quality and submit the results to DWS to monitor for pollution.

E. Groundwater Resource Protection

1.     Establish Protection Zones: The regulations will define criteria for setting up Groundwater Protection Zones around important abstraction points or sensitive aquifers.

2.     Restrict Activities: Within these zones, certain activities may be prohibited or restricted (e.g., storing hazardous chemicals, establishing waste disposal sites, certain types of farming).

3.     Prevent Contamination: General duty of care to prevent any activity on your property that could lead to groundwater pollution.

Step 3: Prohibitions & Offences (The “Must-Not-Do” List)

The regulations will explicitly forbid:

1.     Unlawful Abstraction: Taking groundwater without the required registration or licence.

2.     Over-Abstraction: Taking more water than your licence allows or in excess of the sustainable yield of the aquifer.

3.     Wasteful Use: Using groundwater in a manner that is unreasonable or wasteful.

4.     Causing Pollution: Any activity that leads to the deterioration of groundwater quality.

5.     Tampering: Damaging, removing, or tampering with monitoring equipment (meters, DWS gauges).

6.     Non-Reporting: Failing to submit the required water use returns or providing false information.

Step 4: The Compliance Timeline & Process

Here is a visual roadmap of the typical compliance journey for an existing groundwater user:

Step 5: Consequences of Non-Compliance

Failure to comply can result in:

• Administrative Actions: A compliance notice, followed by a fine.
• Criminal Prosecution: Significant fines and/or imprisonment.
• Licence Revocation: Withdrawal of your water use licence.
• Resource Curtailment: DWS may physically restrict or seal your borehole.

Important Note: The notice in your document states “Comments invited.” This means these are draft regulations. Stakeholders (like farmers’ associations, mining councils, industry bodies) are currently reviewing them and submitting comments. The final regulations may be adjusted before being signed into law. Your first actionable step is to obtain the final, signed version from the Government Gazette once the comment period is closed and the regulations are promulgated.

ACTION

·     Register all boreholes and geosites on the National Groundwater Archive (NGA).

·     Provide drilling, pump installation, and geohydrological data.

·     Adhere to SANS 10299 standards for borehole construction, testing, and decommissioning.

·     Conduct water quantity and quality assessments and upload results to NGA and IRIS systems.

·     Obtain water use authorisations where required.

LAW AND TYPE OF NOTICE

NATIONAL ENVIRONMENTAL MANAGEMENT

Waste Act: Regulations: Procedure to be followed by persons called upon to apply for a waste management licence

G 53831 GoN 6939

10 December 2025

APPLIES TO: 

1.     Municipalities operating landfill sites.

2.     Private waste disposal companies managing hazardous or general waste.

3.     Industrial facilities with on-site waste disposal operations.

4.     Mining companies with waste storage or disposal areas.

5.     Agricultural enterprises involved in large-scale waste management activities.

WHAT IS THIS ABOUT?

The “Waste Act” is South Africa’s main law for controlling pollution and managing waste (like industrial, hazardous, or large amounts of general waste).

If your business activity involves storing, treating, or disposing of waste in a significant way, you likely need a Waste Management Licence from the government. This licence is your legal permission to operate.

Before this regulation, the application process might have been unclear, inconsistent, or confusing for businesses.

This new regulation standardizes and clarifies every step of that application process. It’s designed to make the rules clear for everyone—applicants and government officials alike.

2. What Does This Regulation Actually Do?

It sets out a clear, step-by-step roadmap. Here’s what it typically covers:

Who must apply: It clarifies exactly what types of waste activities trigger the need for a licence.

The application form: It specifies the exact form to use and where to get it.

The “what” and “how much”: It lists all the detailed information you must provide, such as:

o   A full description of your proposed waste activity.

o   The types and quantities of waste you’ll handle.

o   Detailed site plans and engineering drawings of your facilities.

o   An assessment of the environmental risks and how you’ll manage them (like preventing groundwater pollution).

o   Your plans for monitoring and reporting.

The supporting documents: It lists mandatory reports you might need to include, like specialist studies on air, water, or soil impact.

The submission process: It states exactly where to submit your application (which government department or office), how many copies, and the correct method.

The review “clock”: It often sets timeframes for the authorities to acknowledge, review, and make a decision on your application, making the process more predictable.

Public participation: It outlines the process for notifying the public (like neighbours or community groups) about your application and how they can comment, which is a key legal requirement.

Why Was This Published Now?

This is part of a broader “action-packed compliance movement” by the government for 2026. It’s linked to the new National Waste Management Strategy 2026.

In simple terms: South Africa is updating its entire game plan for waste. This regulation is one of the new, clearer “rules of the game” designed to make the strategy work on the ground.

4. Impact & Action Required (What This Means for a Business)

Impact:

·       Positive: More clarity and consistency. Businesses now have a single, official guide to follow, which should reduce confusion and unfair treatment.

·       Necessary: It increases the administrative burden. You must follow this precise procedure; cutting corners or submitting incomplete information will likely lead to your application being rejected or delayed.

Recommended Action):

“Familiarize with new licence application procedures.”

This means:

Get the Document: Obtain the official regulation (Gazette No. G 53831, GoN 6939).

Study It: If you operate in waste management or are planning a project that generates/manages waste, you or your environmental consultant must read this procedure carefully.

Update Your Processes: Use it as your new checklist for preparing any future licence applications. Ensure your team or consultants know the new requirements.

Be Proactive: Understanding the rules ahead of time prevents costly delays and mistakes when you need a licence to start or continue your operations.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Environmental Management: Waste Act: Regulations: Procedure to be followed by persons called upon to apply for a waste management licence

G 53831 GoN 6939

10 December 2025

53831gon6939.pdf