AGRICULTURAL

LAW AND TYPE OF NOTICE

AGRICULTURAL PRODUCT STANDARDS ACT:

Standards regarding Food Hygiene and Food Safety of Regulated Agricultural Food Products of Plant Origin intended for export

G 54086 GoN 7086

06 February 2026

APPLIES TO: 

1.     Primary Agricultural Producers (Farmers & Growers)

2.     Packhouses and Pack Sheds

3.     Exporters of Agricultural Food Products

4.     Processing Facilities (Plant Origin Only)

5.     Cold Storage Facilities

6.     Logistics & Distribution Companies (if handling product)

SUMMARY

1. What the Standards Cover

The standards regulate:

• Good agricultural and hygiene practices (GAP & GHP)
• Food safety programmes (including hazard identification and HACCP‑aligned controls)
• Registration of food business operators for export
• Traceability requirements
• Official food safety controls and audit frequency
• Appeals processes and penalties for non‑compliance

They do not cover product composition, grading, or nutritional requirements.

2. Who Must Comply

Any food business operator (FBO) involved in:

• Primary production
• Packing, sorting, grading, washing
• Storage (cold stores, silos, grain storage, etc.)
• Transportation
• Processing
• Export of plant‑origin foods

Whether for profit or not, and whether private or public.

3. Core Obligations for Food Business Operators

A. Good Agricultural and Hygiene Practices (GAP & GHP)

Primary producers must comply with detailed hygiene requirements listed in Annexure 1, such as:

• Ensuring hygienic growing, harvesting, and handling conditions
• Preventing contamination (biological, chemical, physical)
• Managing irrigation water, plant protection products, fertilizers
• Maintaining equipment, storage, waste management, and personal hygiene
• Keeping specific records for at least 2 years

Other types of food businesses must comply with the hygiene requirements of Regulation R638 of 2018 under the Foodstuffs, Cosmetics and Disinfectants Act.

B. Food Safety Programmes (including HACCP)

Not all primary producers need a formal food safety programme—only those handling products with known safety risks or where required by importing countries.

All other food businesses must:

• Conduct a hazard analysis
• Develop a food safety programme aligned with the HACCP principles
• Document, implement, and review the programme annually
• Keep monitoring, verification, and corrective‑action records

Records must be kept for at least:

• One production season for fresh produce
• Product shelf‑life for others (minimum 6 months)

C. Registration Requirements

All food business operators involved in exporting must register their facilities using a Food Business Operator Code (e.g., PUC, PHC, CCS, TRANS, GSF, EXPO).
Registration is mandatory from the dates specified in Annexure 2, Table 1.

D. Traceability

Traceability must be ensured at every stage:

• Production
• Processing
• Storage
• Transportation
• Distribution
• Export

FBOs must keep records of suppliers and customers to ensure “one step forward, one step back” traceability.

4. Official Controls and Audits

The Executive Officer or an assignee will:

• Conduct audits to verify hygiene and food safety compliance
• Apply risk‑based audit frequencies
• Increase inspections for non‑compliant operators
• Allow reduced inspections for operators holding approved third‑party certifications (e.g., GLOBALG.A.P., BRCGS, FSSC 22000, IFS, SANS 10049) as listed in Annexure 3

FBOs must:

• Cooperate with auditors
• Pay the required audit fees
• Keep audit reports for at least 4 years

5. Appeals

If an operator disagrees with a decision by the Executive Officer or an inspector, they must:

• File an appeal within 24 hours
• Pay the required fee
• Follow the procedures in the Regulations on Appeals
• The appeal board must decide within 48 hours (or 2 working days)

6. Offences and Penalties

Non‑compliance with any part of these standards is an offence under section 11 of the Act and may lead to:

• Fines
• Imprisonment

7. Implementation Dates

Annexure 2 contains a detailed implementation table specifying compliance dates for:

• Hygiene requirements
• Food safety programmes
• Registration and traceability
  for each type of product (e.g., deciduous fruit, citrus, nuts, grains, vegetables, processed products) and destination.
  In nearly all cases, compliance begins on the publication date of the updated standards.

In Summary

These updated standards form a comprehensive regulatory framework to ensure that all plant‑origin food products exported from South Africa are produced, handled, processed, stored, transported, and documented in ways that guarantee food safety, hygiene, and traceability.

They apply across the entire export supply chain and include strict timelines, mandatory registration, and HACCP‑aligned safety controls.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. 7086 6 February 2026

AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990) STANDARDS REGARDING FOOD HYGIENE AND FOOD SAFETY OF REGULATED AGRICULTURAL FOOD PRODUCTS OF PLANT ORIGIN INTENDED FOR EXPORT

I, Billy Makhafola, appointed as Executive Officer in terms of section 2(1) of the Agricultural Product Standards Act, 1990 (Act no. 119 of 1990), hereby give notice under section 4(3)(c) of the said Act, that —

(a) the Standards Regarding the Food Hygiene and Food Safety of Regulated Food Products of Plant Origin Intended for Export promulgated by Government Notice No. 707 of 13 May 2005, is hereby amended; and

(b) the amended standards mentioned in paragraph (a) —

(i) shall be available for inspection at the office of the Executive Officer: Agricultural Product Standards, Harvest, 30 Hamilton Street, Arcadia, Pretoria;

(ii) may be obtained from the Executive Officer: Agricultural Product Standards, Department of Agriculture, Private bag X343, Pretoria 0001, Tel. (012) 319 6291 or fax (012) 319 6265 or email: CarolineL@nda.gov.za on payment of the prescribed fees or

From https://www.nda.gov.za/images/Branches/AgricProducHealthFoodSafety/foodsafety-and-quality-assurance/food-safety/sa-legislation/notice.pdf; and

(iii) shall come into operation seven (7) days after publication of this Notice.

CLICK HERE TO VIEW THE FULL DOCUMENT:

AGRICULTURAL PRODUCT STANDARDS ACT: STANDARDS REGARDING FOOD HYGIENE AND FOOD SAFETY OF REGULATED AGRICULTURAL FOOD PRODUCTS OF PLANT ORIGIN INTENDED FOR EXPORT

G 54086 GON 7086 06 FEBRUARY 2026 

LINK TO FULL NOTICE

Agricultural Product Standards Act: Standards regarding Food Hygiene and Food Safety of Regulated Agricultural Food Products of Plant Origin intended for export

G 54086 GoN 7086

06 February 2026

54086gon7086.pdf

ACTION

1. Implement Good Agricultural and Hygiene Practices (GAP & GHP) 

All primary producers (farms, orchards, vineyards, greenhouses) must:

• Adopt hygienic practices during growing, harvesting, and handling.
• Prevent contamination from biological, chemical, or physical hazards (e.g., pathogens, pesticides, heavy metals).
• Use suitable water for irrigation and washing.
• Correctly store and use fertilizers, pesticides, and other plant protection products.
• Maintain clean and well‑kept equipment, machinery, and transport vehicles.
• Manage agricultural waste to prevent contamination.
• Keep required records (inputs, irrigation, fertilizer use, test results, etc.) for at least 2 years.

2. Implement Hygiene Requirements for Non‑Primary Food Businesses

Packhouses, processing plants, cold stores, warehouses, silos, transporters must:

• Comply with the hygiene requirements in R638 of 2018 (premises, transport, equipment, personnel hygiene).
• Ensure facilities are suitable, clean, pest‑controlled, and capable of preventing cross‑contamination.

3. Develop and Maintain a Food Safety Programme (HACCP‑Aligned)

Required for:

• All food businesses except primary producers unless the product is high‑risk or the importing country requires a programme.

Your food safety programme must include:

• A hazard analysis covering all operations.
• Identification of Critical Control Points (CCPs).
• Critical limits for each CCP.
• Monitoring procedures.
• Corrective action procedures.
• Verification activities.
• Record keeping.

Review the programme at least annually or whenever operations change.

4. Register All Food Business Operators (FBOs)

All establishments involved in export must be registered with the Executive Officer of the APS Act.

You must:

• Register each site (e.g., farm, packhouse, silo, cold store, transporter, exporter).
• Obtain a Food Business Operator Code (PUC, PHC, CCS, TRANS, EXPO, etc.).
• Ensure products carry the correct FBO identification number.
• Update registration whenever business details change.

5. Establish Full Traceability Systems

Every operator must be able to trace:

• Inputs (one step back)
• Outputs (one step forward)

This includes:

• Supplier records
• Batch identification
• Storage, transport, and distribution documentation
• Export consignment tracking

Records must be kept from the dates prescribed in Table 1.

6. Prepare for Official Food Safety Controls (Audits)

Food business operators must:

• Allow audits by the Executive Officer or appointed assignee.
• Pay all required audit and inspection fees.
• Provide access, personnel, and documentation to auditors.
• Keep at least four years of audit reports on site.

Non‑compliance increases audit frequency.

FBOs with recognized third‑party certifications may receive reduced audit intensity.

7. Use Third‑Party Certification Where Applicable (Optional but Beneficial)

Accepted schemes include:

• GLOBALG.A.P
• BRCGS
• HACCP with SANS 10049
• FSSC 22000, IFS
• Retailer standards (Woolworths, Pick n Pay)

These certifications can:

• Lower regulatory audit frequency
• Reduce compliance risk
• Improve market acceptance

8. Follow Appeals Procedures When Necessary

If you disagree with a regulatory decision, you must:

• Submit an appeal within 24 hours.
• Use the format specified in the regulations.
• Pay the prescribed fee.
• Wait for the appeal board decision (must occur within 48 hours).

9. Avoid Offences and Penalties

To avoid prosecution under section 11 of the Act:

• Maintain full compliance with hygiene, safety, traceability, and audit requirements.
• Correct non‑conformities immediately.
• Document all actions taken.

10. Follow Implementation Dates in Annexure 2

Compliance timelines depend on:

• Product type
• Destination country
• Food business category
  Most requirements apply from the publication date of the updated standards.

LAW AND TYPE OF NOTICE

AGRICULTURAL PRODUCT STANDARDS ACT:

Inspection fees for 2026 by designated assignee, South African Meat Industry Company

G 54086 GoN 7088

06 February 2026

APPLIES TO:   

1. Abattoirs

2. Livestock Feedlots

3. Farms Producing Animals for the Meat Supply Chain

4. Deboning and Meat Processing Plants

5. Meat Exporters and Trade Houses

6. Cold Storage & Distribution Facilities (Handling Meat Products)

FULL TEXT

DETAILS

CLICK HERE TO VIEW THE FULL DOCUMENT:

AGRICULTURAL PRODUCT STANDARDS ACT: INSPECTION FEES FOR 2026 BY DESIGNATED ASSIGNEE, SOUTH AFRICAN MEAT INDUSTRY COMPANY

G 54086 GON 7088 06 FEBRUARY 2026

LINK TO FULL NOTICE

Agricultural Product Standards Act: Inspection fees for 2026 by designated assignee, South African Meat Industry Company

G 54086 GoN 7088

06 February 2026

54086gon7088.pdf

ACTION

Ensure that you take note of the inspection fees.

LAW AND TYPE OF NOTICE

AGRICULTURAL PESTS ACT:

Control Measures:  Departmental Fees: Amendment

G 54094 RG 11942 GoN 7102

06 February 2026

APPLIES TO: 

1. Move, Produce, or Trade Plants or Plant Products

2. Import or Export Agricultural or Plant-Based Goods

3. Conduct Testing or Diagnostics Related to Pests

4. Any Entity Requiring Exemptions or Special Permits

SUMMARY

FULL TEXT

DETAILS

CLICK HERE TO VIEW THE FULL DOCUMENT:

AGRICULTURAL PESTS ACT: CONTROL MEASURES: DEPARTMENTAL FEES: AMENDMENT

G 54094 RG 11942 GON 7102 06 FEBRUARY 2026 

LINK TO FULL NOTICE

Agricultural Pests Act: Control Measures: Departmental Fees: Amendment

G 54094 RG 11942 GoN 7102

06 February 2026

54094rg11942gon7102.pdf

ACTION

1. Review and Understand the New Fee Schedule

2. Update Internal Budgets and Cost Models

3. Update Compliance Procedures and SOPs

4. Communicate Changes to Stakeholders

5. Reassess Export/Import Lead Times and Costs

6. Ensure Permitting Records and Applications Reflect New Requirements

7. Prepare for 1 April 2026 implementation

BROAD-BASED BLACK ECONOMIC EMPOWERMENT

LAW AND TYPE OF NOTICE

BROAD-BASED BLACK ECONOMIC EMPOWERMENT ACT:

Agriculture Quota Import Permits in terms of the Rebate Item 460.03/0207.14.9/01.07: Applications invited

G 54095 GoN 7104

06 February 2026

APPLIES TO: 

1. Importers of Poultry Products

2. Food Processors and Meat Processing Companies

3. Wholesalers and Distributors of Poultry

4. Retailers That Directly Import Chicken

5. Cold Chain and Food Logistics Companies (If They Import in Their Own Name)

6. Trading Firms, Brokers, and Agents

FULL TEXT

DETAILS

CLICK HERE TO VIEW THE FULL DOCUMENT:

BROAD-BASED BLACK ECONOMIC EMPOWERMENT ACT: AGRICULTURE QUOTA IMPORT PERMITS IN TERMS OF THE REBATE ITEM 460.03/0207.14.9/01.07: APPLICATIONS INVITED

G 54095 GON 7104 06 FEBRUARY 2026 

LINK TO FULL NOTICE

Broad-Based Black Economic Empowerment Act: Agriculture Quota Import Permits in terms of the Rebate Item 460.03/0207.14.9/01.07: Applications invited

G 54095 GoN 7104

06 February 2026

54095gon7104.pdf

ACTION

Ensure that you submit an application before:

·      Q1 (Apr–Jun 2026): Within 2 weeks of the notice’s publication

·      Q2 (Jul–Sep 2026): 1–15 May

·      Q3 (Oct–Dec 2026): 1–15 August

·      Q4 (Jan–Mar 2027): 1–15 November

COMPETITION

LAW AND TYPE OF NOTICE

COMPETITION ACT:

Online Intermediation Platforms Guidance Note

G 54086 GoN 7095

06 February 2026

APPLIES TO: 

1. Online Intermediation Platforms

2. Business Users Who Sell Through These Platforms

SUMMARY

Online intermediation platforms are digital, web-based interfaces that facilitate transactions between business users and consumers (B2C) for goods, services, or software, often for a fee. They act as intermediaries—such as e-commerce marketplaces, app stores, or food delivery apps—without taking economic ownership of the products sold.

Key Aspects of Online Intermediation Platforms

• Function: They connect multiple buyers and sellers, enabling, for example, food delivery, travel, accommodation, and classifieds.
• Examples: Major examples include Amazon, Takealot, Uber Eats, Booking.com, Airbnb, Google Play, and Apple App Store.
• Business Model: These platforms generally charge commissions or fees based on sales, and they often rely on strong network effects, where more users increase the platform’s value.
• Market Impact: While they offer easier market access for small businesses, they can also create competition issues, such as self-preferencing (favoring their own products), high commission fees, or restrictive, wide-ranging price parity clauses.
• Regulation: Due to their market power, they are increasingly subject to investigations and regulations aimed at promoting fairness, transparency, and competition (e.g., in South Africa via the Competition Commission and in the EU via the Digital Markets Act).

Key Types of Platforms

• eCommerce Marketplaces: Takealot, Amazon.
• Travel and Accommodation: Booking.com, Airbnb, Travelstart.
• Food Delivery: Uber Eats, Mr D Food.
• App Stores: Google Play, Apple App Store.
• Classifieds: Property24, Autotrader.

1. Purpose of the Guidance Note

• Helps platforms with market power understand which practices could harm competition, especially affecting SMEs and historically disadvantaged persons (HDPs).
• Does not impose ex‑ante regulations; rather, it signals the types of conduct that may attract scrutiny.
• The Commission may update the guidance based on case experience and Tribunal/Court decisions.

2. Key Definitions

The document clarifies several important terms, including:

• Online intermediation platforms – businesses that facilitate transactions between business users and consumers.
• Business user – businesses selling via the platform.
• Competitively sensitive information – pricing, margins, strategy, customer data, etc.
• SME, HDP, market power, etc.

3. Characteristics of Online Intermediation Platforms

• They are two‑sided markets with strong network effects.
• Their scale and data advantages can create dependency for business users—particularly SMEs and HDPs.
• Monetisation strategies such as commissions, ranking, and visibility tools can unintentionally distort competition.

4. Market Definition & Assessment of Market Power 

Market shares alone are often inadequate. Instead, the Commission will assess:

• Level of platform usage by consumers and businesses.
• Dependency of businesses on the platform.
• Network effects, multi‑homing, switching costs.
• Ability to adversely affect competitors or business users.
• Global size and capability of multinational platforms entering South Africa.

Multiple platforms may simultaneously have market power if they collectively dominate.

5. Conduct That May Raise Competition Concerns

The Guidance Note outlines three categories of potentially harmful practices:

5.1 Harm to platform‑to‑platform competition

5.1.1 Price Parity Clauses (Narrow & Wide)

Wide parity bans lower prices anywhere else (other platforms + direct channel).
Narrow parity bans lower prices only on a business’s own website.

Concerns:

• Prevent price competition between platforms.
• Entrench leading platforms.
• Increase business user dependency.

Global precedents show:

• Many jurisdictions (EU, UK, Australia, Korea) have banned or restricted parity clauses.
• Courts find little evidence that parity clauses are necessary to prevent free‑riding.

Platforms under investigation may need actual evidence or modelling, not theoretical claims, to justify such clauses.

5.1.2 Interoperability Restrictions

Interoperability is critical for competition and innovation.

Concerns arise when platforms:

• Restrict API access.
• Limit data portability or third‑party integration.
• Refuse to interoperate without justification.
• Charge access fees to critical interfaces.

Global regulatory frameworks increasingly mandate fair, reasonable and non‑discriminatory (FRAND) interoperability.

Platforms must justify restrictions, particularly on grounds of cybersecurity or regulatory compliance.

5.2 Harm to competition among business users on vertically integrated platforms

5.2.1 Self‑Preferencing

Occurs when a platform favours its own products or services over third‑party sellers’ through:

• Higher ranking or visibility.
• Better placement or display.
• Lower or zero commission fees for itself.

Key concerns:

• Distorts competition.
• Harms SME and HDP business users disproportionately.
• Reduces consumer choice and innovation.

Many jurisdictions restrict self‑preferencing via regulation or antitrust enforcement.

Platforms must provide evidence that self‑preferencing:

• Is necessary for innovation/investment;
• Delivers real consumer benefits.

5.2.2 Use of Competitively Sensitive Data

Platforms may misuse business users’ non-public data to advance their own competing products.

Risks include:

• “Copying” successful sellers.
• Undermining sellers’ investment and innovation.
• Distorting competition on the platform.

Global responses include:

• Prohibitions on using non‑public seller data (e.g., EU DMA).
• Structural remedies to reduce conflicts of interest (US FTC cases).

Platforms should:

• Set up strict data separation (“Chinese walls”).
• Implement compliance training.
• Limit use of business user data to what is essential to operate the platform.

5.3 Harm to SME/HDP participation in online markets

5.3.1 Differentiated Trading Terms

Platforms may offer:

• Lower fees and better visibility to large sellers.
• Less favourable terms to SMEs/HDPs.

This can:

• Reinforce market concentration.
• Limit smaller sellers’ competitiveness.
• Reduce variety, pricing options and innovation for consumers.

The Commission will expect evidence when terms differ across business users.
Differentiation in favour of SMEs/HDPs is generally not a concern.

5.3.2 Unfair Treatment

Unfair trading conditions arise when platforms exploit business user dependency by imposing:

• One‑sided contractual terms.
• Risk‑shifting onto sellers.
• Unjustified payment delays.
• Onerous platform-specific requirements.
• Unjustified fee increases.
• Multi‑year lock‑in contracts with no benefit.
• Lack of transparent ranking criteria.

Platforms must show:

• The term is essential for platform operation;
• No less onerous alternative exists.

6. Conclusion

The Guidance Note:

• Helps platforms assess compliance risks.
• Does not replace case‑by‑case evaluations by the Commission.
• Encourages platforms to proactively adjust practices to avoid harming competition, especially for SMEs and HDPs.

Businesses unsure about their conduct are encouraged to approach the Commission for guidance.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NO. 7095 6 February 2026

PUBLICATION OF THE ONLINE INTERMEDIATION PLATFORMS GUIDANCE NOTE

06 FEBRUARY 2026

Notice is hereby given that the Competition Commission (Commission) has published the Online Intermediation Platforms Guidance Note on its website and is gazetted in terms of Section 79 of the Competition Act, 89 of 1998, as amended (the Act).

The Guidance Note seeks to provide guidance to leading or the largest platforms in a category on the types of conduct that could be considered harmful to competing platforms or businesses listed on the platform, including small and medium enterprises (SMEs) and businesses owned and controlled by historically disadvantaged persons (HDPs). Online platforms operating in South Africa, particularly leading or largest platforms in a category, that have such practices as part of their business model should consider whether they are necessary and if so, whether there are strong efficiency justifications for such practices as part of their internal compliance.

The Guidance Note incorporates inputs received from the public based on the draft Guidance Note gazetted on 31 October 2025.

The Final Online Intermediation Platforms Guidance Note is available at https://www.compcom.co.za.

CLICK HERE TO VIEW THE FULL DOCUMENT.

COMPETITION ACT: ONLINE INTERMEDIATION PLATFORMS GUIDANCE NOTE

G 54086 GON 7095 06 FEBRUARY 2026

Available on the Competition Commission website here:  Final Guidance Note Online Intermediation Platforms

LINK TO FULL NOTICE

Competition Act: Online Intermediation Platforms Guidance Note

G 54086 GoN 7095

06 February 2026

54086gon7095.pdf

ACTION

1. Governance & Compliance Foundations 

1.1 Establish a Competition Compliance Framework

• Implement internal policies addressing platform conduct (fees, ranking, data use, interoperability).
• Train all relevant teams—product, data, commercial, engineering, legal—on the specific risks outlined in the Guidance Note (e.g., price parity, self‑preferencing, data misuse).
• Ensure senior leadership understands the platform’s market‑power risks and competition‑law obligations.

1.2 Monitor Market Power Indicators

Regularly assess:

• Business‑user dependency
• Network effects
• Consumer and business‑user adoption
• Transaction volumes
• Fees and revenue structures

If the platform holds market power, higher compliance duties apply.

2. Actions to Avoid Harmful Platform‑Level Practices

2.1 Remove or Avoid Price Parity Clauses

• Eliminate wide price parity clauses preventing lower prices on other platforms.
• Avoid or justify narrow parity clauses restricting pricing on a seller’s own website.
• Communicate clearly to business users when such clauses are removed to prevent “shadow enforcement.”

If retaining any form of parity clause:

• Prepare financial evidence or modelling showing why it is essential to sustainability.
• Document why free‑riding mitigation cannot be achieved through less restrictive means.

2.2 Enable Fair Interoperability

• Provide API access on fair, reasonable and non‑discriminatory (FRAND) terms.
• Avoid blocking third‑party tools, software or integrators without objective justification.
• Do not charge unreasonable fees for access to essential interfaces.
• Document cybersecurity or privacy constraints where interoperability is limited.

Platforms should also:

• Assess whether technical restrictions (e.g., closed systems) unintentionally exclude smaller platforms or business users.
• Consider interoperability impact assessments when launching new system updates.

3. Actions to Prevent Harm to Business Users (Especially SMEs/HDPs)

3.1 Prevent Self‑Preferencing

Establish internal rules to ensure the platform does not:

• Rank its own products/services more favourably than third‑party sellers.
• Apply lower commission fees to itself or affiliated businesses.
• Manipulate display, recommendations, or search algorithms to favour in‑house offerings.

If the platform is vertically integrated:

• Maintain separation of ranking teams from retail/merchant teams.
• Conduct “neutrality audits” of ranking algorithms.

3.2 Establish Data Separation Protocols

To avoid misuse of competitively sensitive business‑user data:

• Implement strict access controls and “Chinese walls” between platform teams and retail/own‑brand teams.
• Ensure teams working on first‑party products do not access non‑public seller data.
• Limit required data collection to what is necessary for platform operation.
• Document data usages and justify each use under necessity principles.

Provide business users with:

• Clear explanations of what data is collected, how it is used, and what is not used.

3.3 Apply Non‑Discriminatory Trading Terms

Avoid unjustified differences in:

• Commission/service fees
• Onboarding costs
• Visibility or search promotion
• Payment timelines
• Co‑marketing opportunities

Platforms should:

• Create objective, published criteria for fee categories and value‑added services.
• Document any cost or risk‑based rationale for differentiated terms.
• Conduct audits to ensure SMEs and HDPs are not disadvantaged.

Differentiation in favour of SMEs/HDPs is generally permissible.

3.4 Eliminate Unfair Trading Terms

Review contracts to ensure they do not include:

• One‑sided clauses or onerous risk‑shifting
• Automatic waivers of legal rights (e.g., POPIA rights)
• “Lock‑in” multi‑year contracts without clear benefit
• Unjustified annual fee increases
• Restrictions preventing sellers from multi‑homing or offering ancillary services
• Mandatory use of the platform’s billing system without necessity

Also ensure:

• Clear dispute‑resolution mechanisms
• Transparent explanation of ranking factors
• Plain‑language terms and change‑notification processes

4. Evidence & Documentation Actions

The Commission expects evidence‑based justification, not theoretical claims.

Platforms should maintain:

• Financial models showing why certain terms (e.g., parity clauses, differentiated fees) are necessary for sustainability.
• Risk analyses supporting restrictions (cybersecurity, fraud prevention).
• Records of market studies demonstrating business‑user dependency

This documentation protects the organisation if investigated.

5. Engagement Actions

5.1 Communicate Regularly with Business Users

• Notify users proactively about major policy changes (fees, ranking, terms).
• Provide clear explanations for rejected listings, suspensions, or ranking adjustments.
• Offer transparency dashboards where possible.

5.2 Establish Fair Dispute Mechanisms

• Enable timely resolution of complaints.
• Track issue types and response times.
• Allow appeals or review processes for content removal, delisting, or account restrictions.

6. Periodic Internal Reviews & Audits

Platforms should conduct:

• Annual compliance audits
• Algorithmic fairness assessments
• Transparent reviews of fees, data handling, ranking, and interoperability
• SME/HDP impact assessments

This improves compliance and demonstrates good‑faith efforts.

LAW AND TYPE OF NOTICE

COMPETITION ACT:

Approved mergers and latest decisions

LINK TO FULL NOTICE

Competition Act: Approved mergers

G 54086 GeN 3762

06 February 2026

Statement on the latest decisions by the Competition Commission

Date: 05 February 2026

Read more 

CONSTRUCTION

LAW AND TYPE OF NOTICE

ENGINEERING PROFESSION ACT:

Engineering Council of South Africa (ECSA): Appointed board members

G 54086 BN 878

06 February 2026

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Engineering Profession Act: Engineering Council of South Africa (ECSA): Appointed board members

G 54086 BN 878

06 February 2026

54086bn878.pdf

ENERGY AND PETROLEUM

LAW AND TYPE OF NOTICE

PETROLEUM PRODUCTS ACT:

Amendments

LINK TO FULL NOTICE

Petroleum Products Act: Regulations: Single maximum national retail price for Illuminating Paraffin

G 54074 RG 11940 GoN 7081

03 February 2026

54074rg11940gon7081.pdf

Petroleum Products Act: Maximum retail price for liquefied petroleum gas

G 54074 RG 11940 GoN 7080

03 February 2026

54074rg19940gon7080.pdf

Petroleum Products Act: Regulations: Amendment

G 54074 RG 11940 GoN 7082

03 February 2026

54074rg19940gon7082.pdf

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

CLIMATE CHANGE ACT:

Pollution prevention plans and mitigation plans issued in terms of the National Environmental Management: Air Quality Act (39/2004) and the Climate Change Act

G 54099 GoN 7107

06 February 2026

APPLIES TO:   

1. Industrial and Manufacturing Companies

2. Companies Classified as “GHG-Intensive Sectors”

3. Organisations Participating in National Pollution Prevention Regulations

4. Any Entity Falling Within the New Carbon Budget System (Starting 2026)

SUMMARY

1. Purpose of the Notice

• To clarify the administrative process for handling Pollution Prevention Plans after 31 December 2025.
• To formally communicate the transitional arrangements before the new Carbon Budget and Mitigation Plan Regulations come into effect.
• To ensure organisations understand that PPPs will be phased out and replaced by Mitigation Plans for the period 2026–2030.

2. Transitional Guidance

• South Africa is shifting from PPP requirements (under the Air Quality Act, 2004) to a new system based on carbon budgets and mitigation planning under the Climate Change Act, 2024.
• Stakeholders should not submit PPPs for the next commitment period (2026–2030) until the new Carbon Budget and Mitigation Plan Regulations are published.
• Only once the new regulations are finalised and published will submission and processing of Mitigation Plans begin.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Climate Change Act: Pollution prevention plans and mitigation plans issued in terms of the National Environmental Management: Air Quality Act (39/2004) and the Climate Change Act

G 54099 GoN 7107

06 February 2026

54099gon7107.pdf

ACTION

Do now

• Stop preparing PPPs for 2026–2030.
• Begin preparing internally for the carbon budget and Mitigation Plan system.
• Track publication of the new regulations.

Do when regulations are published

• Submit your organisation’s Mitigation Plan (not a PPP) for the 2026–2030 cycle.
• Ensure alignment with the new carbon budget assigned by DFFE.

LAW AND TYPE OF NOTICE

INTERNATIONAL PHYTOSANITARY PRESCRIPTS:

Export control in accordance with International Phytosanitary prescripts: Fees

G 54094 RG 11942 GoN 7100

06 February 2026

APPLIES TO: 

1. Agricultural Exporters

2. Packhouses, Pack‑house Facilities (PUCs) & Processing Sites

3. Orchards and Primary Production Units

4. Export Agents, Logistics Companies & Freight Handlers

5. Seed Companies & Nurseries

SUMMARY

Any organisation involved in exporting plants, plant products, or wood packaging must comply with the new phytosanitary fees effective 1 April 2026.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. R. 7100 6 February 2026

DEPARTMENT OF AGRICULTURE

EXPORT CONTROL REGARDING DEPARTMENTAL FEES: AMENDMENT

The Minister of Agriculture published Export Control tariffs in accordance with International Phytosanitary Prescripts relating to export control provisions. The export control tariffs shall come into operation on 01 April 2026.

CLICK HERE TO VIEW THE FULL NOTICE

INTERNATIONAL PHYTOSANITARY PRESCRIPTS: EXPORT CONTROL IN ACCORDANCE WITH INTERNATIONAL PHYTOSANITARY PRESCRIPTS: FEES

G 54094 RG 11942 GON 7100 06 FEBRUARY 2026 

LINK TO FULL NOTICE

International Phytosanitary Prescripts: Export control in accordance with International Phytosanitary prescripts: Fees

G 54094 RG 11942 GoN 7100

06 February 2026

ACTION

Take note.

LAW AND TYPE OF NOTICE

DISASTER MANAGEMENT ACT:

Classification of national disaster: Drought and possible interruption of water provision in Eastern, Northern and Western Cape

G 54076 GoN 7084

04 February 2026

APPLIES TO: 

Wide-spread interest

SUMMARY

Declares the drought and risk of major water supply disruptions as a national disaster

FULL TEXT

DETAILS

DEPARTMENT OF CO-OPERATIVE GOVERNANCE

NO. 7084 4 February 2026

DEPARTMENT OF CO-OPERATIVE GOVERNANCE

DISASTER MANAGEMENT ACT, 2002 (ACT NO. 57 OF 2002)

CLASSIFICATION OF A NATIONAL DISASTER IN TERMS OF SECTION 23 OF THE DISASTER MANAGEMENT ACT (ACT NO. 57 OF 2002): DROUGHT AND THE POSSIBLE INTERRUPTION OF WATER PROVISION.

I, Dr Elias Sithole, in my capacity as the Head of the National Disaster Management Centre, after having considered reports submitted on drought and the possible interruption of large scale water provision by organs of state in terms of the potential impact and magnitude in the Eastern Cape, Western Cape and Northern Cape, I hereby give notice that I regard the life safety risk and impact posed by drought and the possible interruption of large scale water provision in these provinces as a potential disaster and, in terms of section 23(1)(b) of the Disaster Management Act, 2002 (Act No. 57 of 2002), I classify the disaster as a national disaster. Emanating from the classification, in terms of section 26, read with section 23 of the Act, the primary responsibility to coordinate and manage this national disaster, in terms of existing legislation and contingency arrangements, is designated to the National Executive.

CLICK HERE TO VIEW THE FULL DOCUMENT.

Disaster Management Act: Classification of national disaster: Drought and possible interruption of water provision in Eastern, Northern and Western Cape

G 54076 GoN 7084 04 February 2026 

LINK TO FULL NOTICE

Disaster Management Act: Classification of national disaster: Drought and possible interruption of water provision in Eastern, Northern and Western Cape

G 54076 GoN 7084

04 February 2026

54076gon7084.pdf

ACTION

Do Now

·      Strengthen contingency and drought‑response measures

·      Support drought‑mitigation and water‑conservation programmes

·      Comply with all water restrictions

·      Prepare and submit required reports

·      Collaborate with national + local authorities

Prepare for Ongoing Obligations

·      Maintain monitoring data

·      Coordinate with NDMC

·      Implement multi‑sector recovery and relief plans

LAW AND TYPE OF NOTICE

National Environmental Management: Waste Act:

National norms and standards for transportation, storage and treatment of health care risk waste: Comments invited

G 54077 GoN 7085

– Comment by 03 Mar 2026

03 February 2026

APPLIES TO: 

1. Health Care Facilities (HCRW Generators)

2. Waste Transporters

3. Waste Treatment Facilities / Waste Managers

4. Waste Disposal and Landfill Facilities

5. Health Care Waste Storage Facilities or Transfer Stations

6. Companies Operating Non‑Combustion Treatment Technologies

7. Laboratories Conducting Validation Testing

8. Organisations Handling Radioactive or Cytotoxic Waste Streams

9. Municipalities & Local Government Entities

10. Any Organisation Using or Producing HCRW in Industrial or Commercial Activities

SUMMARY

Key Objectives of the Norms and Standards

The proposed norms and standards will:

• Ensure safe and compliant management of HCRW across all stages—transport, storage, treatment, and post‑treatment.
• Prescribe the responsibilities of transporters and waste managers.
• Define minimum operational, safety, and efficacy requirements, especially for non‑combustion treatment technologies like autoclaves and microwaves.
• Set disinfection and validation testing requirements to confirm effective treatment of waste.
• Establish clear prohibitions, such as banning disposal of untreated infectious waste to land and improper storage or handling.

Scope and Application

The norms and standards will apply:

• Uniformly throughout South Africa.
• To all health care risk waste treatment technologies, particularly non‑combustion systems.
• Alongside existing requirements of a waste management licence, where applicable.

Core Components Outlined in the Schedule

The standards include:

1. General Prohibitions

Restrictions on improper disposal, storage, handling, or treatment of HCRW.

2. Duties of Waste Transporters and Waste Managers

Mandatory procedures for packaging, storage time limits, vehicle requirements, training, spill response, documentation, and record keeping.

3. Storage Requirements

Standards for secure, ventilated, vermin‑proof storage areas equipped with spill kits and proper signage.

4. Treatment Requirements

• Efficacy thresholds (e.g., required log‑reduction levels).
• Detailed site commissioning, routine, independent, and re‑validation testing requirements.
• Monitoring, calibration, and record‑keeping obligations.

5. System Failure Protocols

Clear instructions on how to manage treatment failures, including mandatory retesting and immediate notification to the Department.

6. Transitional Arrangements

Existing treatment facilities must continue operating under their licences but will be required to comply with the new norms and standards upon renewal. Facilities that previously did not require a licence will have six months to comply.

WHAT IS THE DIFFERENCE BETWEEN THIS DRAFT AND THE NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT NO. 59 OF 2008: PROPOSED NATIONAL HEALTH CARE RISK WASTE MANAGEMENT REGULATIONS NO. 463 30 APRIL 2018

Notable textual/structural shifts

1. From “Regulations” to “Norms & Standards”
   The 2026 document is a norms‑and‑standards framework with strong technical performance criteria, rather than a rulebook that micro‑details generator behaviour.
2. Generator obligations pared back (in this instrument)
   2018 spelled out generator duties (segregation, weighing, storage time limits). The 2026 draft does not enumerate these; instead, it conditions transporter acceptance and treatment admission on SANS/WCMR compliance, putting compliance leverage at the gate.
3. Pathological waste treatment standard
   2018 required incineration; 2026 requires it be “destroyed beyond recognition”—technology‑neutral but outcome‑specific. This may allow compliant advanced non‑combustion solutions if they meet validation and recognition thresholds.
4. New efficacy/validation ecosystem
   The 2026 draft introduces log‑reduction targets, test organisms, commissioning/routine/independent/re‑validation testing, reporting cadences, and bioaerosol controls—all absent or externalized in 2018.
5. Mandatory shredding of post‑treatment residue
   2026 adds a requirement to shred residue so it is unrecognisable. 2018 required “unrecognisable” but did not mandate shredding.
6. System failure management & 24‑hour notification
   New 2026 obligations to halt, investigate, notify, and re‑test until three passes; not present in 2018.
7. Prohibitions tweaked
   The 50‑metre rigid‑container transport rule is gone; pre‑treatment recycling/recovery/reuse of infectious HCRW is now expressly prohibited.

FULL TEXT

DETAILS

CLICK HERE TO VIEW THE FULL DOCUMENT:

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT: NATIONAL NORMS AND STANDARDS FOR TRANSPORTATION, STORAGE AND TREATMENT OF HEALTH CARE RISK WASTE: COMMENTS INVITED

G 54077 GON 7085 – COMMENT BY 03 MAR 2026 03 FEBRUARY 2026 

LINK TO FULL NOTICE

National Environmental Management: Waste Act: National norms and standards for transportation, storage and treatment of health care risk waste: Comments invited

G 54077 GoN 7085

– Comment by 03 Mar 2026

03 February 2026

54077gon7085.pdf

ACTION

Ensure that you submit your comments before 03 March 2026.

GAMBLING

LAW AND TYPE OF NOTICE

NATIONAL GAMBLING ACT:

Regulations: Comments invited

G 54106 RG 11943 GoN 7113

– Comment by 27 Mar 2026

10 February 2026

APPLIES TO:   

1. Gambling Operators (All Licence Holders)

2. Provincial Licensing Authorities (PLAs)

3. The National Gambling Board (NGB)

4. Gambling Machine Manufacturers, Suppliers, Distributors

5. Gambling Testing Laboratories (Licensed Testing Agents)

6. Treatment and Rehabilitation Providers

7. Security and Surveillance Service Providers

8. IT System Providers / Data Integrators

SUMMARY

COMPARISON BETWEEN

National Gambling Regulations

GNR.1342 of 12 November 2004 as amended by GNR.89 29592 2 February 2007; GNR.386 35349 15 May 2012 (as withdrawn by GN 722 in Government Gazette 35659 of 5 September 2012) 

and

National Gambling Act: Regulations: Comments invited

G 54106 RG 11943 GoN 7113 – Comment by 27 Mar 2026 10 February 2026

Table 2 — Amendments to Regulation 8 (Technical Standards)

Table 3 — Forms Replaced

FULL TEXT

DETAILS

NOTE: Only the affected sections are shown here. You can access the complete Regulation, including all proposed amendments, by clicking the link below.

Colour Code:

Items in red will be deleted and replaced with items in green

GNR.1342 of 12 November 2004:  National Gambling Regulations

as amended by

DEPARTMENT OF TRADE AND INDUSTRY

In terms of section 87 read with Item 8 of the Schedule to the National Gambling Act, Act 7 of 2004, I, Mandisi Mpahlwa, Minister of Trade and Industry, hereby promulgate the accompanying regulations.

MANDISI MPAHLWA

Minister: Trade and Industry

2.   Excluded persons

(1)  The national register of excluded persons contemplated in section 14 (7) shall contain at least the following information in respect of each excluded person:

(a)full names, including other names used or known by;

(b)date of birth;

(c)identity number or passport number;

(d)residential address;

(e)telephone and cellular numbers, where applicable;

( f )e-mail address, where applicable;

(g)gender;

(h)height;

[Para. (h). deleted by GNR.386 of 15 May 2012 (as withdrawn by GN 722 of 5 September 2012).]

(i)weight;

[Para. (i). deleted by GNR.386 of 15 May 2012 (as withdrawn by GN 722 of 5 September 2012).]

“(i) race group;”;

(j)hair colour;

[Para. ( j). deleted by GNR.386 of 15 May 2012 (as withdrawn by GN 722 of 5 September 2012).]

(k)eye colour; and

[Para. (k). deleted by GNR.386 of 15 May 2012 (as withdrawn by GN 722 of 5 September 2012).]

(l)visible distinguishing marks.

(2)  A notice to be submitted to the Board by a person wishing to register as an excluded person shall be in the form of Form NGB 1/1 and shall, at a minimum, contain a passport size colour photograph of that person, and that person’s particulars as listed in sub-regulation (1).

[Sub-r. (2) substituted by GNR.386 of 15 May 2012 (as withdrawn by GN 722 of 5 September 2012).]

(2) A person wishing to register as an excluded person shall submit a notice to the Board in hard copy or electronically in Form NGB1/1. The notice must include, at a minimum:

(a) a recent passport-sized photograph or a digital colour photograph of the applicant, with a minimum file size of 250 kilobytes, including the person’s particulars as listed in sub-regulation (1);

(b) transmit the electronic form to all gambling operators and the provincial licensing authorities.

(3)  A notice to cancel registration as an excluded person contemplated in section 14 (2) shall be in the form of Form NGB 1/2 and shall contain at least—

(a)the name or names under which the exclusion is registered;

(b)date of birth and/or identity number of the excluded person;

(c)the registration exclusion number assigned to such person by the Board;

(d)the current residential address and telephone numbers of the excluded person; and

(e)documentary proof that the excluded person has complied with all requirements of any rehabilitation programme.

[Para. (e) deleted by GNR.386 of 15 May 2012 (as withdrawn by GN 722 of 5 September 2012).]

(4)  Within seven days after receiving a notice contemplated in sub-regulation (2) or (3), the Board shall transmit a copy of the notice to all licence holders and provincial licensing authorities.

[Sub-r. (4) substituted by GNR.386 of 15 May 2012 (as withdrawn by GN 722 of 5 September 2012).]

(4)(a) The operator shall submit to the Board the notice contemplated in subregulation (2) on the day of receipt of the notice.

(b) The Board shall, within five days, excluding weekends and public holidays, after receiving a notice contemplated in sub-regulation (2) or (3), capture the form in the register of excluded persons as established and maintained in terms of section 65(1)(c)(i) of the Act, which all provincial licensing authorities and license holders shall have access to, and the Board shall transmit a copy of the notice to all license holders and provincial licensing authorities.

(c) The operators shall, within five days, excluding weekends and public holidays, after receiving a notice contemplated in paragraph (a), prepare and implement their administrative processes.”;

(5)  Within seven days after receiving a copy of the notice referred to in sub-regulation (4), each recipient shall forward written confirmation of receipt thereof to the Board.

[Sub-r. (5) deleted by GNR.386 of 15 May 2012 (as withdrawn by GN 722 of 5 September 2012).]

(6)  A notice contemplated in sub-regulation (2) or (3) shall take effect upon the date of written confirmation of receipt contemplated in sub-regulation (5).

[Sub-r. (6) substituted by GNR.386 of 15 May 2012 (as withdrawn by GN 722 of 5 September 2012).]

(6) A notice contemplated in sub-regulation (2) or (3) shall take effect 10 days after the date on which the notice is submitted to the Board.;

(7)  The measures to be taken by a licence holder in terms of section 14 (11) (a) to determine whether a person is an excluded person, shall, at a minimum, be—

(a)to place at each entrance to any designated area, a member of staff whose duty shall be to monitor and control the entry of persons into the designated area;

(b)to provide the member of staff contemplated in paragraph (a) with sufficient prior access to the information contained in the database maintained by the Board, reasonably to enable identification of excluded persons; and

(c)to provide its members of staff, whose duties in the ordinary course entail the surveillance of persons in any designated area, with sufficient prior access to the information contained in the database maintained by the Board, reasonably to enable identification of excluded persons;

(d). . . . . .

[Para. (d). inserted by GNR.386 of 15 May 2012 (as withdrawn by GN 722 of 5 September 2012).]

(d) to submit to the relevant provincial licensing authority, within 90 days after coming into operation of these Regulations, internal control measures to be implemented by that licence holder—

(i) to effectively enforce exclusion measures within gambling venues; and

(ii) to satisfactorily control non-participation in gambling activities by people registered in the exclusion database, as part of their internal control procedures; and

(e) that the provincial licensing authority must in turn, submit to the Board their provincial registers of excluded persons and the internal control measures submitted by the license holders referred to in subregulation (7)(d).

8.   Exempted machines and devices

(1)  Playing cards and dice are exempted from the application of sections 9 (1) (a) and (b).

(2)  All categories of gambling machine or device are exempt from the application of section 9 (1) (b) with the exception of—

(a)gambling machine cabinets;

(b)tables manufactured for the purpose of gambling games or are capable in all material respects of being used in the conduct of such games;

(c)roulette wheels;

(d)bingo drawing devices; and

(e)card shufflers,

provided that a licence holder may, for a period of five days prior to submitting an imported or newly manufactured machine or device for certification, take possession of such machine or device.

(3)  The following gambling machines or devices are exempt from the application of section 9 (1) (b) and Part D of Chapter 2 of the Act:

(a)A gambling machine or device that—

(i)is located upon a cruise ship visiting the Republic;

(ii)has been seized in the Republic as a result of alleged criminal activity, and is in the possession of the South African Police Service, or any provincial licensing authority or authorised agent thereof;

(iii)is in transit in bond, as contemplated in section 18 of the Customs and Excise Act (Act 91 of 1964), through the Republic for the sole purpose of delivery to another country;

(iv)has been submitted to a licensed testing agent solely for testing;

(v)has been manufactured within the Republic solely for export and is possessed in compliance with the relevant provincial legislation;

(vi)is located within the Republic solely for temporary exhibition on the prior written authorisation of the relevant provincial licensing authority; or

(vii)is in the possession of a provincial licensing authority or the authorised agent thereof; and

(b)any other gambling machine or device, except a machine or device of a category listed in sub-regulation (2).

(4)  Where the standard applicable to a gambling machine or device is amended or substituted, any type, variation or model of gambling device certified as complying to the former standard may be exposed for play for a maximum of three years after such substitution or amendment and, if it is to continue to be exposed for play after such period, must be certified against the amended or substituted standard.

(4) The re-certification of technical amendments to the standard of gambling machines and devices of any type, variation or model must be conducted—

(a) within 24 months of the lapsing of the letter of certification after the date of commencement of the Regulations; or

(b) within 24 months prior to the lapsing of the letter of certification, if the letter of certification lapses within 24 months of the date of commencement of the Regulations.

(5)  All gambling machines or devices that were approved by a provincial licensing authority and exposed for play prior to the effective date are exempt from the provisions of sections 9 (1) (b), 19 (1) and (2), 21, 22 (2), 23 (6) and 25, until a date to be determined by the Minister by notice in the Government Gazette, and may continue to be exposed for play subject to compliance with the relevant provincial legislation.

(6)  All gambling machines or devices submitted for testing prior to the effective date shall be exempt from the provisions of sections 9 (1) (b), 19 (1) and (2), 21, 22 (2), 23 (6), 24 and 25, until a date to be determined by the Minister by notice in the Government Gazette, provided that they are approved and registered in accordance with the relevant provincial legislation.

(7)  All gambling machines or devices are exempt from the provisions of Part D of Chapter 2, with the exception of sections 26 and 27, until a date to be determined by the Minister by notice in the Government Gazette, provided that such machines or devices comply with the relevant provincial legislation.

(8)  A holder of a manufacturer, distributor or supplier licence issued by a provincial licensing authority prior to the effective date is exempt from the provisions of section 9, until a date to be determined by the Minister by notice in the Government Gazette, provided that such licence holder complies with the relevant provincial legislation.
FORM NGB 1/1 replaced

Form NGB ½ replaced

CLICK HERE TO VIEW THE FULL DOCUMENT:

NATIONAL GAMBLING ACT: REGULATIONS: COMMENTS INVITED

G 54106 RG 11943 GON 7113 – COMMENT BY 27 MAR 2026 10 FEBRUARY 2026 

LINK TO FULL NOTICE

National Gambling Act: Regulations: Comments invited

G 54106 RG 11943 GoN 7113

– Comment by 27 Mar 2026

10 February 2026

54106rg11943gon7113.pdf

ACTION

Ensure that you submit your comments before 27 March 2026.

LABOUR

LAW AND TYPE OF NOTICE

NATIONAL MINIMUM WAGE ACT:

National Minimum Wage Amendment 2026

G 54075 RG 11941 GoN 7083

03 February 2026

APPLIES TO: 

A. Broad Impact

• All employers paying wages
• All organisations using learnerships
• Payroll/HR service providers
• Government EPWP implementers

B. Sector‑Specific Impact

1. Agriculture (farm workers)
2. Private households (domestic workers)
3. Contract cleaning companies
4. Wholesale & retail companies
5. Any organisation procuring cleaning services
6. Training providers and SETA‑linked employers

FULL TEXT

DETAILS

PLEASE CLICK HERE TO VIEW THE FULL DOCUMENT

NATIONAL MINIMUM WAGE ACT: NATIONAL MINIMUM WAGE AMENDMENT 2026

G 54075 RG 11941 GON 7083 03 FEBRUARY 2026 

LINK TO FULL NOTICE

National Minimum Wage Act: National Minimum Wage Amendment 2026

G 54075 RG 11941 GoN 7083

03 February 2026

54075rg11941gon7083.pdf

ACTION

LAW AND TYPE OF NOTICE

LABOUR RELATIONS ACT:

Trade Union Agreements

LINK TO FULL NOTICE

Labour Relations Act: Registration of Trade Union: National Union for Transport, Retail and Allied Workers (NUTRAW)

G 54094 RG 11942 GoN 7103

05 February 2026

54094rg11942gon7103.pdf

LEGAL

LAW AND TYPE OF NOTICE

LEGAL PRACTICE ACT:

Rules: Amendment: Comments invited

G 54121 GeN 3767

– Comment by 11 Mar 2026

11 February 2026

APPLIES TO: 

·        Practising advocates

·        Practising attorneys

·        Bar associations

·        Law Societies

·        Nominees for JSC positions

·        Legal Practice Council (LPC)

·        LPC’s JSC Nominations Committee

SUMMARY

Insertions and Changes (Notice 3767 of 2026)

The Legal Practice Council (LPC) has amended its Rules under section 95 of the Legal Practice Act 28 of 2014. The changes introduce Rule 16A, update key definitions, and establish a new Council‑facilitated nomination process for selecting legal practitioners to represent the profession on the Judicial Service Commission (JSC).

The amendment took immediate effect because the JSC has called for nominations for its April 2026 interviews, and the existing 30‑day comment period would not allow completion of the required nomination process in time.

1. Why the Amendment Was Issued

The LPC explains five reasons for immediate publication:

• The Constitution (s178) requires that practising attorneys and advocates be nominated from within their professions for JSC membership.
• The JSC issued a call for nominations for April 2026 vacancies.
• The LPC, after an extensive consultation with an independent expert, adopted a new inclusive nomination model to replace the previously contested model.
• Waiting 30 days for public comment would make it impossible to establish the required Nominations Committee in time.
• Failure to act could leave the JSC improperly constituted.

Representations may still be made until 16 March 2026.

2. Amendments to Definitions

New definitions are inserted into Part 1 of the LPC Rules, including:

• Bar association – voluntary professional associations for advocates.
• Commission – the Judicial Service Commission.
• Committee – the LPC’s JSC Nominations Committee.
• Fit and proper person – specified criteria relating to integrity, professionalism, and compliance with JSC judicial appointment guidelines.
• Law Society – voluntary associations representing attorneys.

3. Introduction of New Rule 16A: Nomination Process for JSC Representatives

Rule 16A sets out a full, formal procedure for nominating attorneys and advocates to serve on the JSC.

A. Calling for Nominations

• The LPC must issue a public call for nominations via the Gazette, LPC website, and other appropriate platforms.
• A minimum of 21 days must be allowed for nominations.

B. Who May Nominate

• Advocates may be nominated by practising advocates in good standing or by bar associations.
• Attorneys may be nominated by practising attorneys in good standing or Law Societies.

C. Nomination Requirements

Each nomination must include:

• A written and signed nomination.
• Detailed information on the nominee (name, date of admission, practice address).
• Written acceptance by the nominee.
• A CV (max 600 words), including demographic info, practice history, status (e.g., Senior Counsel), disabilities (if any), and workplace details.
• A certificate of good standing issued within one month of acceptance.

D. Verification and Committee Review

• The LPC must verify all CV details.
• Within 7 days after the nomination period closes, the LPC must forward all verified nominations to the Nominations Committee.

E. Criteria for Suitability

The Committee assesses nominees based on:

• Number of JSC vacancies
• Whether the nominee is a fit and proper person
• Experience in legal practice
• Standing within the profession
• Contribution to jurisprudence (especially SCA and Constitutional Court)
• Contribution to transformation of the profession

F. Final Recommendations

• The Committee prepares a report with its recommendations and a final list.

If there are more suitable nominees than vacancies, nominees are ranked in order of preference.

FULL TEXT

DETAILS

LEGAL PRACTICE COUNCIL

NOTICE 3767 OF 2026

THE SOUTH AFRICAN LEGAL PRACTICE COUNCIL

NOTICE IN TERMS OF SECTION 95(5) OF THE LEGAL PRACTICE ACT, 28 OF 2014

Notice is hereby given that the Council amends the Rules of the Council made in terms of section 95(1) of the Legal Practice Act, 28 of 2014 (“the Act”) by the insertion of Rule 16A and amendments to Part 1 (Definitions):

Explanatory Note:

The Council publishes these rules in terms of section 95(5) of the Act. The circumstances necessitating this immediate publication are as follows:

1. Section 178(1)(e) and (f) of the Constitution requires the appointment of practising advocates and attorneys to the Judicial Service Commission (JSC) from nominations received from within the professions.

2. The JSC has issued a call for nominations for judicial vacancies to be interviewed in April 2026.

3. Following an extensive consultation process facilitated by an independent expert, the Council has adopted a new, inclusive Council-facilitated nomination model to replace previous arrangements.

4. The standard 30-day public comment period required by section 95(4) would preclude the Council from establishing the Nominations Committee and concluding the nomination process before the JSC’s submission deadline. This would risk the JSC being improperly constituted or force reliance on a nomination procedure previously challenged as exclusionary.

5. To ensure the legal profession is lawfully and inclusively represented at the upcoming JSC sittings, immediate operation of these rules is required.

Invitation for Representations:

In terms of section 95(5)(b) of the Act, any person who is aggrieved by these rules may make representations to the Council on or before 16 March 2026, which is more than the minimum 30-day period prescribed in section 95(5)(b). Representations must be sent by email to rules@lpc.org.za.

LINK TO FULL NOTICE

Legal Practice Act: Rules: Amendment: Comments invited

G 54121 GeN 3767

– Comment by 11 Mar 2026

11 February 2026

54121gen3767.pdf

ACTION

Ensure that you submit your comments before 11 March 2026.

MEDICAL

LAW AND TYPE OF NOTICE

PHARMACY ACT: RULES:

Code of Conduct for registered persons: Comments invited

G 54105 BN 881

– Comment by 11 Apr 2026

10 February 2026

APPLIES TO:

Most affected:

·        Pharmacy owners (major new obligations)

·        Responsible pharmacists (personal accountability for advertising, premises, governance)

·        Organisations offering training (interns, assistants, technicians)

·        Corporate pharmacy groups

·        Online/courier-based pharmacies

Moderately affected:

·        Hospitals and clinics

·        Multidisciplinary medical centres

·        Research bodies

Least affected (but still included):

·        Developers/designers of pharmacy branding

·        Third‑party logistics partners used by pharmacies

SUMMARY

Comparison Table: 2008 Code vs 2026 Draft Code

FULL TEXT

DETAILS

CLICK HERE TO VIEW THE FULL DOCUMENT

PHARMACY ACT: RULES: CODE OF CONDUCT FOR REGISTERED PERSONS: COMMENTS INVITED G 54105 BN 881 – COMMENT BY 11 APR 2026 10 FEBRUARY 2026

PHARMACY ACT: RULES: CODE OF CONDUCT FOR REGISTERED PERSONS: COMMENTS INVITED G 54105 BN 881 – COMMENT BY 11 APR 2026 10 FEBRUARY 2026 

Code of Conduct for registered persons can be accessed here: BN881 of 2026: Rules relating to the Code of Conduct for registered persons (for comment – 60 days, due date 11 April 2026)

LINK TO FULL NOTICE

Pharmacy Act: Rules: Code of Conduct for registered persons: Comments invited

G 54105 BN 881

– Comment by 11 Apr 2026

10 February 2026

54105bn881.pdf

ACTION

Ensure that you submit your comments before 11 April 2026.

LAW AND TYPE OF NOTICE

PHARMACY ACT:

Rules: Good Pharmacy Practice: Comments invited

G 54105 BN 879

– Comment by 11 Apr 2026

10 February 2026

APPLIES TO: 

Directly Affected 

1. Consultant Pharmacies (newly defined category)
2. Organisations wishing to register a Consultant Pharmacy
3. Pharmacy owners
4. Responsible Pharmacists
5. Existing pharmacies wanting to add consulting-only divisions

Indirectly Affected

1. Healthcare facilities hosting consulting activities
2. Architects, designers, compliance consultants
3. SAPC inspectors and administrative staff
4. Patients receiving consulting‑based pharmaceutical services

SUMMARY

Comparison Table: 2004 GPP vs 2026 Proposed Amendment (BN 879)

FULL TEXT

DETAILS

The Rules: Good Pharmacy Practice document which requires your comment can be accessed here: BN879 of 2026: Rules relating to good pharmacy practice (for comment – 60 days, due date 11 April 2026).

CLICK HERE TO VIEW THE FULL DOCUMENT

Pharmacy Act: Rules: Good Pharmacy Practice: Comments invited

G 54105 BN 879 – Comment by 11 Apr 2026 10 February 2026 

LINK TO FULL NOTICE

Pharmacy Act: Rules: Good Pharmacy Practice: Comments invited

G 54105 BN 879

– Comment by 11 Apr 2026

10 February 2026

54105bn879.pdf

ACTION

Ensure that you submit your comments before 11 April 2026.

LAW AND TYPE OF NOTICE

PHARMACY ACT:

Guidelines for removal of pharmacy registration/recording as a result of non-compliance with Good Pharmacy Practice and other pharmacy legislation

G 54105 BN 880

10 February 2026

APPLIES TO: 

All organisations linked to any type of SAPC‑registered pharmacy, including:

• Retail pharmacies (independent & corporate)
• Hospital pharmacies
• Wholesale pharmacies
• Manufacturing pharmacies
• Clinics or facilities with in‑house pharmacies
• Pharmacy owners (companies, CCs, trusts, individuals)
• Pharmacy franchise groups
• Pharmacy management companies

SUMMARY

Comparison Table: Clause 6(g) – Before vs After Amendment

Key Change at a Glance

FULL TEXT

DETAILS

Click here to view the Guideline that this notice will amend: BN63 of 2020: Guideline for removal of pharmacy registration/recording as a result of non-compliance with GPP and other pharmacy legislation

Click here to view the full document:

Pharmacy Act: Guidelines for removal of pharmacy registration/recording as a result of non-compliance with Good Pharmacy Practice and other pharmacy legislation

G 54105 BN 880 10 February 2026 

LINK TO FULL NOTICE

Pharmacy Act: Guidelines for removal of pharmacy registration/recording as a result of non-compliance with Good Pharmacy Practice and other pharmacy legislation

G 54105 BN 880

10 February 2026

54105bn880.pdf

ACTION

1. Update compliance documentation.
2. Tighten monitoring of fee payments.
3. Conduct immediate audits of outstanding annual fees.
4. Ensure settlement well before 6 months arrears.
5. Train internal teams on the new requirement.
6. Prepare restoration plans where pharmacies are already in breach.

This ensures no pharmacy risks deregistration under the amended Clause 6(g).

PROMOTION OF ACCESS TO INFORMATION ACT

LAW AND TYPE OF NOTICE

PROMOTION OF ACCESS TO INFORMATION ACT: MANUAL:

Independent Regulatory Board for Auditors

G 54086 BN 877

06 February 2026

APPLIES TO: 

Interested parties only.

LINK TO FULL NOTICE

Promotion of Access to Information Act: Manual: Independent Regulatory Board for Auditors

G 54086 BN 877

06 February 2026

54086bn877.pdf

STANDARDS

LAW AND TYPE OF NOTICE

NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT:

Compulsory specification for preservative treatment of timber: Amendment: Comments invited

G 54086 GeN 3763

– Comment by 06 Apr 2026

06 February 2026

APPLIES TO: 

Entire treated‑timber value chain, including:

·        Manufacturers

·        Importers

·        CABs

·        Chemical suppliers

·        Distributors & retailers

·        Construction and agriculture sectors (users)

·        The NRCS as regulator

SUMMARY

1. Purpose of the Amendment

The amendment updates the compulsory requirements for preservative-treated timber to ensure:

• Protection against fungi, insects, and marine borers.
• Correct and non‑misleading claims regarding timber treatment.
• Alignment with updated national standards and regulatory processes.

2. Scope and Standards

The specification applies to all preservative‑treated timber manufactured or imported into South Africa.

Compliance must be demonstrated against:

• SANS 1288 – Preservative‑treated timber
• SANS 17065 – Conformity assessment for certification bodies
• Applicable legislation (NRCS Act, Legal Metrology Act)

3. Key Requirements for Manufacturers and Importers

• Must not claim timber is preservative‑treated unless it meets all requirements.
• Must not misrepresent timber (e.g., staining to look treated).
• Must appoint an NRCS‑recognised Certification Body (CAB).
• Must obtain a Letter of Authority (LOA) from the NRCS before selling treated timber.
• Must perform ongoing conformity of production tests.
• Must report any non‑conformity to the NRCS immediately.
• Must pay applicable levies and fees.

4. Marking Requirements

Treated timber must be marked with:

• The appropriate SANS standard markings
• The relevant CAB conformity mark

5. Transitional Provisions

• New SANS editions become effective 6 months after publication.
• Manufacturers approved under older editions have 12 months to transition.
• Existing LOAs issued under the previous 2009 VC 9092 will expire 5 years from publication of this new specification.

6. Approval & Permit Processes (Annexures A–E)

A. LOA Approval Process (Annexure A)

Applicants must submit:

• Facility details
• Timber types produced
• Product certification by a CAB
• Control measures, markings, chemicals used
• Fees

LOAs:

• Valid for 5 years
• Must be renewed at least 3 months before expiry
• Can be modified or extended with additional approval
• Can be withdrawn if requirements are not met

B. Experimental Type Approval Permits (Annexure B)

For facilities still working toward full certification.

Key features:

• Valid for up to 12 months, non‑extendable
• Requires control measures, CAB engagement
• NRCS may revoke the permit for non‑compliance

C. Conformity of Production (Annexure C)

Manufacturers must:

• Have adequate testing equipment
• Inspect and test each lot
• Maintain records for 5 years
• Isolate non‑conforming batches

The NRCS may conduct inspections at any time.

D. Letter of Authority Format (Annexure D)

Specifies the official LOA layout, required details, and conditions.

E. Approval Number Format (Annexure E)

Explains the structure of the unique NRCS approval number assigned to each facility.

FULL TEXT

DETAILS

CLICK HERE TO VIEW THE FULL DOCUMENT

NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT: COMPULSORY SPECIFICATION FOR PRESERVATIVE TREATMENT OF TIMBER: AMENDMENT: COMMENTS INVITED

G 54086 GEN 3763 – COMMENT BY 06 APR 2026 06 FEBRUARY 2026 

LINK TO FULL NOTICE

National Regulator for Compulsory Specifications Act: Compulsory specification for preservative treatment of timber: Amendment: Comments invited

G 54086 GeN 3763

– Comment by 06 Apr 2026

06 February 2026

54086gen3763.pdf

ACTION

Ensure that you submit your comments before 06 April 2026.

TRANSPORTATION

LAW AND TYPE OF NOTICE

ROAD PERMITS

LINK TO FULL NOTICE

Road Permits 06 February 2026

https://thelegalteam.co/dashboard/library#117746

AGRICULTURAL ARTICLES

SOUTH AFRICA

South Africa’s farm exports hit $15.1bn record as US shipments slump

South Africa’s agricultural sector closed 2025 on a historic high, with exports reaching a record $15.1 billion, even as shipments to the United States fell sharply in the second half of the year.

• South Africa’s agricultural exports climbed to a record $15.1 billion in 2025, marking a 10 percent year-on-year increase.
• The milestone was achieved despite steep declines in shipments to the United States following the imposition of new tariffs.
• Africa accounted for more than half of South Africa’s agricultural exports in the fourth quarter.
• The shift highlights a growing reliance on regional and emerging markets over traditional Western partners.

The figure represents a 10 percent year-on-year increase and marks the seventh consecutive annual rise in agricultural exports, underscoring the sector’s growing resilience amid shifting global trade dynamics.

The strong overall performance came despite mounting trade pressures from the United States, where new tariffs on selected agricultural goods significantly dented South African shipments.

Wandile Sihlobo, chief economist at the Agricultural Business Chamber of South Africa, noted that exports to the US declined by 11 percent in the third quarter of 2025 and plunged by 39 percent in the final quarter.

“The tariffs imposed on some products weighed heavily on shipments to the US in the latter part of the year,” Sihlobo said, highlighting the growing uncertainty surrounding South Africa’s access to the American market.

While exports to the US weakened, South Africa increasingly leaned on other regions to sustain growth. The rest of Africa emerged as the country’s largest agricultural export destination, accounting for 53 percent of shipments in the fourth quarter. Asia and the Middle East accounted for 17 percent combined, while the European Union accounted for 16 percent.

By contrast, the Americas, including the United States, accounted for just 4 percent of South Africa’s agricultural exports during the period, underscoring a notable shift in trade patterns.

The data reflect a broader realignment of South Africa’s agricultural trade towards regional and emerging markets, reducing reliance on traditional Western partners.

Analysts say the trend could deepen if tariff barriers persist, further positioning Africa, Asia, and the Middle East as key growth engines for South African farm exports in the years ahead.

Segun Adeyemi

Business Insider

HEALTH AND SAFETY ARTICLES

SOUTH AFRICA

Another peanut butter brand pulled from shelves in South Africa

The National Consumer Commission (NCC) has received a product recall notification from a peanut butter manufacturer, ButtaNutt (Pty) Ltd. The recall is a result of higher-than-legally-acceptable levels of aflatoxin detected in the product.

The affected products failed to meet the quality standards as set out under the Department of Health’s Regulation R.1145 Governing Tolerance of Fungus-Produced Toxins in Foodstuffs. Aflatoxin may lead to health complications including nausea, vomiting, and abdominal pain.

The affected products were manufactured on 15 January 2026 and distributed as follows:

These products were sold in Gauteng, KwaZulu-Natal, Eastern Cape and the Western Cape through various retailers, as listed below:

The NCC Acting Commissioner, Mr Hardin Ratshisusu, said: “Consumers should immediately stop consuming the affected products and return them to the point of purchase for a full refund. The NCC is engaging the supplier on the extent of the contamination, including potentially from the raw nuts’ supplier.”

The NCC is monitoring this recall in accordance with the Consumer Protection Act.

INTELLECTUAL PROPERTY ARTICLES

SOUTH AFRICA

South Africa implements electronic issuance of patent certificates

The Companies and Intellectual Property Commission (CIPC) has announced that, with effect from 2 February 2026, all South African patents and patents of addition will be issued electronically. Certified copies will likewise be issued in electronic form only.

Electronically issued patents will include a digital signature, official digital seal, and a QR code for instant verification of information relating to the relevant patent. The information will include the patent number, type of patent, name of patentee, date of grant, name of inventor, and a unique ID.

Uncertified copies may be accessed and downloaded via the CIPC IP Online portal, while certified copies can be requested electronically upon payment of the prescribed fees.

Paper copies will no longer be issued as a matter of course and will be available only on request, with longer processing timelines.

This change forms part of CIPC’s broader digitisation initiative and applies to all patents granted from January 2026 onward.

GoLegal

Article sourced from KISCH IP.

MINING ARTICLES

SOUTH AFRICA

Minerals Council South Africa flags policy issues with mining amendment bill

Uncertainty around the Mineral Resources Development Amendment Bill is not good for investor confidence.

The first day of Investing in African Mining Indaba has kicked off with the Minerals Council South Africa highlighting some concerns surrounding the Mineral Resources Development Amendment Bill.

From Tuesday until Thursday, Cape Town will house government officials, mining executives and investors to discuss the continent’s state of mining.

The Mining Indaba is described as the world’s largest, premier conference dedicated to African mining, focusing on investment, innovation, and sustainable development.

The bill is ‘disappointing’

Council CEO Mzila Mthenjane, addressing journalists at the State of the Mining Nation media briefing in Cape Town, said they found the bill, first published in May 2025, “disappointing”.

“It did not encourage or sustain the investment and growth that the mining industry needs to realise its full potential to create employment, stimulate the economy and fulfil its social mandate,” he said.

The bill marks the most significant regulatory update to South Africa’s mining sector in almost 25 years, introducing major amendments to the 2002 Mineral & Petroleum Resources Development Act, the country’s cornerstone mining legislation.

Uncertainty surrounding the bill

In his address, Mthenjane added that there is uncertainty surrounding the bill, which is not good for investor confidence.

“The industry cannot thrive in an environment of policy uncertainty, where Acts are ambiguous and regulations discourage investment or are changed every few years, shifting goal posts, becoming more onerous or placing excessive obligations on ventures and established businesses,” he said.

“Exploration and mining investments need regulatory and fiscal certainty over extended periods of time, ensuring returns on large amounts of capital invested by shareholders.”

Mthenjane highlighted that it is important for the bill to create certainty, predictability and a competitive regulatory environment.

Concerns raised

He added that the council and the Department of Mineral and Petroleum Resources have discussed their concerns and look forward to the revised bill, which is expected to be published later this year.

“Since May last year we have held talks with the DMPR on our submission regarding areas of concern for our members with the bill. These engagements were generally constructive,” he said.

“We anticipate the revised bill, which we expect to be published in the coming weeks, will reflect our inputs to ensure mining attracts investment in exploration, mine development and existing operations.”

Africans must unite

In a different room, Minister of Mineral and Petroleum Resources Gwede Mantashe delivering his opening address at the conference, calling for African people to work together at a “moment of profound global uncertainty”.

“This year’s indaba convenes at a moment of profound global uncertainty. We are witnessing heightened geopolitical tensions, driven largely by the competition of some developed economies seeking greater control over the natural resources of developing nations,” said Mantashe.

“This dynamic represents a serious threat to the sovereignty of resource-endowed countries, the majority of which are here on the African continent.”

Is there hope?

Despite the minister not making mention of the Mineral & Petroleum Resources Development Amendment Bill during his address, industry players remain hopeful that the revised Bill will be published soon and will clear out any uncertainties.

“The minister did not mention the upcoming revised bill,” said Ziyanda Ntshona, partner at Herbert Smith Freehills Kramer.

“However, from our insights, we are hopeful to see the revised bill clarify long-standing grey areas, such as around residue stockpiles and beneficiation; prescribe time period for processing of applications; and alignment with matters regulated by other laws, such as BEE, labour relations, environmental matters and health and safety.

“The revised bill is expected to be published in the first quarter of this year. Government has been receptive of stakeholder comments and therefore we expect a bill that encourages partnership among the industry players, through clear and transparent regulation.”

Mining’s performance

Data from the Minerals Council show that while certain commodities are benefiting from higher prices amid global uncertainty, which has contributed to increased export revenues for 2025, the underlying performance of the sector remains concerning.

“Mining’s contribution to GDP fell to R439.2 billion from R442.7 billion in 2024, meaning mining made up 5.8% of the economy compared to 6% the year before,” said the Minerals Council.

“Gold and platinum group metals (PGMs) prices have reached record highs, but production of both commodities fell in 2025. Gold output has fallen by 1.9% in 2025.

“PGMs declined by 4.1% last year compared to 2024 and remains below pre-Covid 19 production levels. The majority of gold and PGM mines are deep-level, labour-intensive operations, with high operating costs and deferred capital expenditure.”

By Tshehla Cornelius Koteli

The Citizen