COMPETITION

Competition Act: Publication of guidelines on the Commission’s handling of confidential information in terms of section 79(1) of Act

FINANCE

Financial Sector and Deposit Insurance Levies Act: 2022: Proposed Amendments: Comments invited

LABOUR

Labour Relations Act: Code of Practice: Dismissal

LIQUOR

Liquor Amendment Bill B21-2025

A blueprint for Namibia’s green industrialisation

When will South Africa’s NPS Bill come into force? Navigating the road to implementation

The Draft Central Bank of Kenya (Non-Deposit Taking Credit Providers) Regulations, 2025

Modernising Workplace Discipline: A Short Guide to the 2025 Dismissal Code

AGRICULTURE

LAW AND TYPE OF NOTICE

Plant Improvement Act:

Deciduous Fruit Plant Certification Scheme

G 53293 RG 11882 GoN 6575

05 September 2025

APPLIES TO: 

1. Agricultural Nurseries and Propagators

• These businesses produce certified plant material (e.g., apple, pear, plum trees).
• They must comply with the updated disease testing and visual inspection standards.
• Likely to invest in plant health diagnostics, laboratory testing, and quality control systems.

2. Commercial Fruit Growers and Orchards

• Farmers who purchase certified plants for fruit production.
• The amendments help ensure disease-free planting stock, reducing crop losses and improving yield.
• May need to update procurement practices to align with certification requirements.

3. Agricultural Exporters

• Exporters of deciduous fruit plants or fruit products.
• Certification ensures compliance with international phytosanitary standards, facilitating trade.
• Helps avoid border rejections due to plant health concerns.

4. Research Institutions and Plant Pathology Labs

• Involved in testing for viruses and pathogens listed in the amendment.
• May see increased demand for diagnostic services and research on disease resistance.

5. Regulatory Bodies and Inspectors

• Government agencies and inspectors responsible for enforcing the Plant Improvement Act.
• Will need to update inspection protocols and train staff on the new requirements.

6. Agricultural Supply Chains and Retailers

• Businesses selling certified plant material to growers.
• Must ensure that their inventory complies with the updated scheme to maintain certification status.

7. Environmental and Biosecurity Agencies

• Interested in preventing the spread of invasive pathogens and maintaining ecosystem health.
• The scheme supports broader biosecurity and sustainability goals.

SUMMED UP

Purpose

To amend Part 3 of Schedule 1 of the Deciduous Fruit Plant Certification Scheme, originally published in 1993 and updated multiple times since.

Key Amendments

1. Viral Disease Testing Requirements

Plant material and plants must test free of the following viruses:

• Prune dwarf virus (PDV)
• Prunus necrotic ringspot virus (PNRSV)
• Apple stem grooving virus (ASGV)
• Apple mosaic virus (ApMV)
• Apple stem pitting virus (ASPV)
• Apple chlorotic leafspot virus (ACLSV)

2. Visual Inspection Requirements

Plants must be visually free of the following pathogens and disorders:

• Bacterial diseases:
  • Platycarpa scaly bark
  • Pseudomonas syringae (two pathovars causing bacterial canker)
  • Xanthomonas campestris (bacterial spot)
  • Agrobacterium tumefaciens & rhizogenes (crown gall)

• Fungal diseases:
  • Chondrostereum purpureum (silver leaf)
  • Diaporthe spp., Diplodia seriata, Cytospora spp., Eutypa lata (cankers)
  • Schizophyllum commune, Trametes versicolor (wood decay)

• Root and crown rot organisms:
  • Armillaria, Cylindrocarpon, Dactylonectria
  • Phytophthora, Pythium, Rhizoctonia, Rosellinia, Verticillium

• Physiological disorders:
  • Apple flat limb, leaf pucker, rubbery wood
  • Pear necrotic spot, vein yellows

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Plant Improvement Act: Deciduous Fruit Plant Certification Scheme

G 53293 RG 11882 GoN 6575

05 September 2025

53303rg11882gon6575.pdf

ACTION

1. Agricultural Nurseries & Propagators

Actions Required:

• Update testing protocols to include all newly listed viruses and pathogens.
• Implement or upgrade diagnostic testing (e.g., ELISA, PCR) for viral diseases like PDV, PNRSV, ASGV, etc.
• Train staff to visually identify symptoms of listed pathogens and disorders.

• Maintain detailed records of plant health inspections and test results.
• Dispose of infected or non-compliant plant material to prevent spread.

2. Commercial Fruit Growers

Actions Required:

• Source certified plant material only from compliant nurseries.
• Monitor orchards for symptoms of listed diseases and disorders.
• Report and manage outbreaks in accordance with biosecurity protocols.
• Collaborate with nurseries to ensure traceability of plant material.

3. Exporters of Plants or Fruit

Actions Required:

• Verify certification status of all plant material before export.
• Ensure compliance with importing countries’ phytosanitary requirements, which may align with or exceed the scheme.
• Maintain documentation for inspections and customs clearance.

4. Plant Pathology Labs & Research Institutions

Actions Required:

• Expand testing services to cover all newly listed pathogens.
• Develop or validate new diagnostic methods for hard-to-detect pathogens.
• Support nurseries and growers with training and consultation.

5. Government Inspectors & Regulatory Bodies

Actions Required:

• Revise inspection checklists and training materials to reflect the updated scheme.
• Conduct audits and inspections of nurseries and growers.
• Enforce compliance through penalties or revocation of certification if necessary.

6. Agricultural Retailers & Supply Chains

Actions Required:

• Ensure all plant stock is certified under the updated scheme.
• Educate customers (especially small-scale growers) about the importance of certified material.
• Keep records of plant sources and certification documents.

LAW AND TYPE OF NOTICE

Marketing of Agricultural Products Act:

Declaration of Agricultural Products: Amendment (English/Afrikaans)

G 53293 RG 11882 GeN 6574

05 September 2025

APPLIES TO: 

Industries & Organizations Affected

1. Deciduous Fruit Growers & Orchards

• Apple, pear, plum, peach, nectarine, and cherry producers.
• These growers must ensure their plant material is free from the listed viruses and pathogens to comply with certification standards.

2. Nurseries & Propagation Facilities

• Businesses that propagate and sell certified fruit trees.
• They are directly responsible for testing and visually inspecting plant material before sale.

3. Agricultural Exporters

• Companies exporting deciduous fruit trees or fruit products.
• Certification ensures compliance with international phytosanitary standards, which is crucial for market access.

4. Plant Pathology & Diagnostic Labs

• Labs conducting virus and pathogen testing.
• The updated list of diseases affects their testing protocols and service offerings.

5. Agricultural Extension Services

• Government and private advisors who support farmers with compliance and best practices.
• They play a role in educating stakeholders about the updated requirements.

6. Regulatory Bodies

• Department of Agriculture, Land Reform and Rural Development (DALRRD) and affiliated inspectors.
• Responsible for enforcing the certification scheme and conducting audits.

7. Research Institutions & Universities

• Especially those focused on plant health, virology, and horticulture.
• May need to update curriculum, research focus, and extension materials.

8. Agri-Insurance Providers

• Disease-free certification can influence risk assessments and insurance premiums for growers.

SUMMED UP

Purpose: Substitution of the Schedule for the Deciduous Fruit Plant Certification Scheme originally published in 1993 and amended several times.

Key Amendments to Schedule 1, Part 3 of the Scheme

1. Viral Disease Testing Requirements (Subparagraph 3.1.1.1)

Plant material and plants must test free of:

• Prune dwarf virus (PDV)
• Prunus necrotic ringspot virus (PNRSV)
• Apple stem grooving virus (ASGV)
• Apple mosaic virus (ApMV)
• Apple stem pitting virus (ASPV)
• Apple chlorotic leafspot (ACLSV)

2. Visual Inspection Requirements (Subparagraph 3.1.1.2)

Plants must be visually free of:

• Bark & Leaf Diseases: Platycarpa scaly bark, Silver leaf
• Bacterial Pathogens: Pseudomonas syringae (pv. syringae & morsprunorum), Xanthomonas campestris
• Crown Gall Agents: Agrobacterium tumefaciens, Agrobacterium rhizogenes
• Fungal Pathogens: Diaporthe spp., Diplodia seriata, Cytospora spp., Eutypa lata, Schizophyllum commune, Trametes versicolor
• Root & Crown Rot Organisms: Armillaria, Cylindrocarpon, Dactylonectria, Phytophthora, Pythium, Rhizoctonia, Rosellinia, Verticillium
• Other Disorders: Apple flat limb, Apple leaf pucker, Apple rubbery wood, Pear necrotic spot, Pear vein yellows

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Declaration of Agricultural Products: Amendment (English/Afrikaans)

G 53293 RG 11882 GeN 6574

05 September 2025

53303rg11882gon6574.pdf

ACTION

Nurseries & Propagation Facilities

Actions Required:

1.     Register with the Deciduous Fruit Plant Improvement Association (DPA) to produce certified trees.

2.     Source certified propagation material from registered Plant Improvement Organisations (PIOs).

3.     Submit nursery reports to PlantSA for verification against issued scion/rootstock material.

4.     Ensure compliance with inspection protocols:

·       Three independent inspections by PlantSA.

·       Visual freedom from listed pathogens.

5.     Label certified plants with official certification tags.

6.     Notify inspectors at least 7 days before plants are ready for inspection.

Fruit Growers & Orchards

Actions Required:

1.     Use only certified plant material to avoid yield losses and disease risks.

2.     Maintain traceability records for all plant material.

3.     Participate in clone evaluations if introducing new varieties.

4.     Engage with PIOs for access to improved clones and disease-free stock.

Plant Pathology & Diagnostic Labs

Actions Required:

1.     Update testing protocols to include all newly listed viruses and pathogens.

2.     Ensure ISO/IEC 17025:2017 accreditation for diagnostics (if applicable).

3.     Collaborate with nurseries and PIOs to provide confirmatory testing services.

4.     Support DALRRD with phytosanitary diagnostics for trade and safety.

Agricultural Exporters

Actions Required:

1.     Register with SARS as an exporter and obtain necessary codes (FBO, PUC, PHC).

2.     Apply for phytosanitary certificates via the eCert platform.

3.     Ensure compliance with importing country protocols, especially for “special markets”.

4.     Use certified plant material to meet international phytosanitary standards.

5.     Label all export cartons with producer/exporter details for traceability

Regulatory Bodies & Plant Improvement Organisations (PIOs)

Actions Required:

1.     Maintain registration and compliance with the Plant Improvement Act.

2.     Evaluate and register new clones under the Scheme.

3.     Audit propagation processes from nucleus to mother blocks.

4.     Ensure accurate documentation and traceability of certified material.

5.     Educate stakeholders on updated Scheme requirements.

COMPETITION

LAW AND TYPE OF NOTICE

Competition Act:

Publication of guidelines on the Commission’s handling of confidential information in terms of section 79(1) of Act

G 53304 GoN 6585

05 September 2025

APPLIES TO: 

1. Trade Associations

• Most directly affected since they often facilitate data sharing among members.
• Must ensure that any shared information is aggregated, historical, and non-identifiable.
• Examples: industry bodies in agriculture, mining, manufacturing, retail, banking, etc.

2. Highly Concentrated or Oligopolistic Industries

• Markets with few dominant players are at higher risk of collusion.

• Examples:
  • Telecommunications
  • Banking and financial services
  • Energy and utilities
  • Airlines
  • Pharmaceuticals
  • Retail chains
  • Automotive manufacturing

3. Regulated Industries

• Where firms are required to submit data to government regulators or policy makers.
• Must ensure that disaggregated data is not shared among competitors.

• Examples:
  • Healthcare
  • Insurance
  • Transport
  • Education
  • Broadcasting

4. Firms Engaged in Joint Ventures or Strategic Alliances

• These arrangements may involve data sharing that could be seen as anti-competitive if not properly managed.

5. Data Analytics and Consulting Firms

• Entities that collect, process, and disseminate industry data must ensure they do not facilitate anti-competitive behavior.
• Should act as independent third parties when working with trade associations or industry groups.

6. Government Departments and Policy Makers

• Must handle competitively sensitive data with care and ensure confidentiality and aggregation before dissemination.

SUMMED UP

Guideline:

Purpose and Scope

• These guidelines aim to clarify what types of information exchanges between competitors are permissible and which may contravene Section 4 of the Competition Act No. 89 of 1998.
• They are non-binding but must be considered when interpreting or applying the Act.

Key Definitions

• Competitively Sensitive Information (CSI): Includes data on prices, customer lists, production costs, sales, capacities, marketing plans, R&D, etc.
• Historical Information: Refers to past data that does not indicate future pricing or strategic intentions.
• Aggregated vs. Disaggregated: Aggregated data masks individual firm identities; disaggregated data reveals them.
• Individualised Information: Identifiable to a specific firm.
• Concerted Practice: Coordinated conduct between firms that replaces independent action.

Legal Framework

• Section 4(1)(a): Prohibits CSI exchange that lessens competition unless pro-competitive gains outweigh the harm.
• Section 4(1)(b): Outright prohibits CSI exchange that involves price fixing, market division, or collusive tendering—no efficiency defense allowed.

Risks and Harm

• CSI exchange can facilitate collusion by enabling coordination and monitoring among competitors.
• It may also foreclose market entry by new competitors.

• Risk factors include:
  • Market concentration
  • Product homogeneity
  • Frequency and mechanism of exchange
  • Accessibility and exclusivity
  • Level of aggregation and age of data

Trade Associations & Government Policy Makers

• Trade Associations must avoid sharing disaggregated CSI and should use independent third parties for data collection and dissemination.
• Government bodies may collect CSI but must ensure confidentiality and aggregation before sharing.
• Firms should only share aggregated, historical, and anonymized data.

General Guidance

Firms should:

• Clearly define the purpose of information exchange.
• Limit shared data to what is necessary and low-risk.
• Avoid sharing individualised CSI, especially on pricing, capacity, sales, marketing, and investment plans.
• Use independent third parties for data handling.
• Ensure equal access to aggregated data for all market participants.

Conclusion

• The Commission will assess CSI exchanges case-by-case, considering market dynamics and the nature of the information.
• Firms uncertain about compliance should seek guidance from the Commission.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NO. 6585 5 September 2025

PUBLICATION OF GUIDELINES ON THE COMMISSION’S HANDLING OF CONFIDENTIAL INFORMATION IN TERMS OF SECTION 79(1) OF THE COMPETITION ACT 89 OF 1998 (AS AMENDED)

September 2025

1. The Competition Commission hereby, in terms of section 79(1) of the Competition Act No. 89 of 1998 (as amended), which allows the Commission to prepare guidelines to indicate its policy approach on any matter falling within its jurisdiction, issues Guidelines on the Commission’s handling of confidential information in terms of the Competition Act.

2. The Guidelines on the Commission’s handling of confidential information were published for a reasonable period for public comment from 7 February 2025 to 7 March 2025. Interested parties submitted written representations and the Commission considered all representations received.

3. Notice is hereby given that the Commission has published the final Guidelines on the Commission’s handling of confidential information on its website at https://www.compcom.co.za/guidelines/  .

Full document can be accessed here – Final Guidelines on the exchange of Competitively Sensitive Information

LINK TO FULL NOTICE

Competition Act: Publication of guidelines on the Commission’s handling of confidential information in terms of section 79(1) of Act

G 53304 GoN 6585

05 September 2025

53304gon6585.pdf

ACTION

 General Compliance Actions for All Organizations

1.     Identify CSI Clearly

·       Define what constitutes competitively sensitive information in your context (e.g., pricing, customer lists, production volumes).

2.     Limit Information Sharing

·       Share only aggregated, historical, and non-identifiable data.

·       Avoid sharing individualised, current, or future-oriented CSI.

3.     Document the Purpose

·       Clearly state the objective of any information exchange.

·       Ensure the data shared is relevant and necessary for that purpose.

4.     Use Independent Third Parties

·       Appoint neutral entities to collect, process, and disseminate CSI.

·       Avoid direct sharing between competitors or through trade associations without safeguards.

5.     Ensure Equal Access

·       Make aggregated historical data simultaneously accessible to all industry participants, not just association members.

6.     Maintain Confidentiality

·       Implement strict controls to prevent disaggregated CSI from being disclosed to competitors.

Specific Actions for Trade Associations

• Avoid collecting disaggregated CSI from members.
• Do not distribute firm-specific data or allow members to infer it.
• Facilitate only aggregated, historical exchanges (e.g., national annual trends).
• Train staff and members on competition law risks and responsibilities.

Actions for Government Regulators and Policymakers

• Collect CSI directly or through independent third parties.
• Do not share disaggregated CSI with market participants.
• Disseminate only aggregated, historical data for public or industry use.

Actions for Firms in Concentrated or Oligopolistic Markets

• Avoid discussing future pricing, capacity, or strategy with competitors.
• Refrain from participating in informal data exchanges that could facilitate collusion.
• Conduct internal audits of data sharing practices and participation in industry forums.

EDUCATION

LAW AND TYPE OF NOTICE

Quality Council for Trades and Occupations:

Proposed Occupational Qualifications and Part Qualifications: Registration on occupational Qualifications Sub-Framework for Trades and Occupations

G 53314 GoN 6587

08 September 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Quality Council for Trades and Occupations: Proposed Occupational Qualifications and Part Qualifications: Registration on occupational Qualifications Sub-Framework for Trades and Occupations

G 53314 GoN 6587

08 September 2025

53314gon6587.pdf

FINANCE

LAW AND TYPE OF NOTICE

Financial Sector and Deposit Insurance Levies Act: 2022:

Proposed Amendments: Comments invited

G 53317 GoN 6590

– Comment by 09 Oct 2025

09 September 2025

APPLIES TO: 

Banks and Banking Institutions

• Commercial banks and branches
• Co-operative banks
• Mutual banks

Insurance Companies

• Life insurers
• Non-life insurers
• Microinsurers

Market Infrastructure Institutions

• Exchanges
• Central securities depositories
• Clearing houses (independent, associated, central counterparties)
• Trade repositories (local and external)

Credit Rating Agencies

• Local and external credit rating agencies

Benchmark Administrators

• Local and foreign benchmark administrators

Pension and Retirement Funds

• Occupational pension funds
• Preservation funds
• Provident funds
• Pension fund administrators

Collective Investment Schemes

• Local and foreign collective investment schemes
• Hedge funds
• Participation bond schemes

Financial Services Providers (FSPs)

• Category I, II, IIA, III, and IV FSPs
• FSPs authorized in multiple categories

Over-the-Counter Derivative Providers

Statutory Ombud Schemes

• Office of the Pension Funds Adjudicator
• Office of the Financial Services Ombud

FULL TEXT

DETAILS

Please click on the link provided below to view the tables.

LINK TO FULL NOTICE

Financial Sector and Deposit Insurance Levies Act: 2022: Proposed Amendments: Comments invited

G 53317 GoN 6590

– Comment by 09 Oct 2025

09 September 2025

53317gon6590.pdf

ACTION

Ensure that you submit your comments by 09 September 2025.

LABOUR

LAW AND TYPE OF NOTICE

Labour Relations Act:

Code of Practice: Dismissal

G 53294 GeN 3470

04 September 2025

APPLIES TO: 

All Employers

SUMMED UP

Purpose and Scope

• The Code provides guidance on fair dismissal procedures for:
  • Misconduct
  • Incapacity (including poor performance, ill health, injury)
  • Operational requirements (retrenchments)

• It replaces Schedule 8 and the 1999 Code on Operational Requirements.

Key Principles

• Fairness: Dismissals must be based on a fair reason and follow a fair procedure.
• Mutual respect: Employers and employees should engage respectfully.
• Small businesses: Flexibility is allowed due to limited resources.

Dismissal for Misconduct

• Disciplinary measures should be corrective, not punitive.
• Dismissal is appropriate only if continued employment is intolerable.

• Sanction guidelines include:
  • Validity and awareness of rules
  • Harm caused
  • Consistency in application
  • Appropriateness of dismissal

Procedural Fairness

• Employees must be:
  • Informed of allegations
  • Given time to respond
  • Allowed representation
  • Heard in a language they understand

• Trade union representatives must be consulted before disciplinary action.

Dismissals During Industrial Action

• Participation in unprotected strikes is misconduct but not always grounds for dismissal.

• Employers must:
  • Engage with unions or employee representatives
  • Issue clear ultimatums
  • Allow time for reflection

Probation

• Used to assess suitability for employment.
• Must be reasonable in duration.
• Dismissals during probation require less compelling reasons but still need procedural fairness.

Incapacity

• Covers poor performance, ill health, injury, and other factors (e.g., imprisonment).

• Employers must:
  • Investigate alternatives to dismissal
  • Consider rehabilitation or accommodation
  • Engage with the employee before dismissal

Operational Requirements (Retrenchments)

• Must be based on economic, technological, or structural needs.
• Dismissal is a last resort.

• Employers must:
  • Consult affected parties
  • Explore alternatives
  • Use fair selection criteria
  • Offer severance and consider re-employment

Annexure A: Retrenchment Notice Template

Includes:

• Number and categories of affected employees
• Reasons and alternatives
• Selection criteria
• Timing and severance
• Assistance and re-employment options
• Disclosure requirements for large employers

DIFFERENCES BETWEEN

GN 1517 OF 16 JULY 1999: NOTICE OF CODE OF GOOD PRACTICE ON DISMISSAL BASED ON OPERATIONAL REQUIREMENTS

AND

LABOUR RELATIONS ACT: CODE OF PRACTICE: DISMISSAL G 53294 GEN 3470 04 SEPTEMBER 2025

Scope and Structure

Fairness and Procedure

Operational Requirements (Retrenchments)

New Additions in 2025 Code

• Misconduct Dismissals: Guidelines for fair disciplinary processes, sanctions, and consistency.
• Probation: Rules on duration, guidance, and fairness in dismissals during probation.
• Incapacity: Covers poor performance, ill health, injury, and incompatibility.
• Industrial Action: Specific procedures for dismissals during unprotected strikes.
• Small Businesses: Recognizes limitations and allows procedural flexibility.

Summary

The 2025 Code is a comprehensive, modernized framework that consolidates and expands upon the 1999 Code, offering clearer guidance, broader coverage, and more structured procedures. It reflects evolving workplace realities and legal expectations, especially around fairness, consultation, and employee rights.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Labour Relations Act: Code of Practice: Dismissal

G 53294 GeN 3470

04 September 2025

53294gen3470.pdf

ACTION

1. Review and Update Policies

• Audit existing HR policies on dismissal, discipline, probation, incapacity, and retrenchment.

• Align policies with the new Code’s requirements, especially around:
  • Fair procedures
  • Sanction guidelines
  • Consultation processes
  • Probation and incapacity handling

2. Train Managers and HR Staff

• Conduct training workshops for:
  • Line managers
  • HR practitioners
  • Union representatives

• Focus on:
  • Procedural fairness
  • Handling misconduct and poor performance
  • Retrenchment consultations and documentation

3. Implement Clear Disciplinary Procedures

• Develop or revise written disciplinary codes and ensure:
  • Rules are clear, valid, and reasonable
  • Employees are aware of them
  • Procedures are consistently applied

4. Document Everything

• Maintain disciplinary records for each employee:
  • Nature of transgressions
  • Actions taken
  • Reasons for dismissal

• Use Annexure A for retrenchment notices to ensure completeness.

5. Ensure Procedural Fairness

• Before any dismissal:
  • Notify the employee of allegations
  • Allow time to respond
  • Permit representation
  • Communicate in a language the employee understands

6. Engage in Meaningful Consultation

• For retrenchments:
  • Issue written notice (Annexure A)
  • Consult with unions or employees
  • Explore alternatives to dismissal
  • Use fair and objective selection criteria

7. Manage Probation Properly

• Define probation periods clearly
• Provide guidance and support
• Allow employees to make representations before dismissal

8. Handle Incapacity with Care

• Investigate ill health or poor performance
• Consider alternatives to dismissal
• Engage in dialogue and offer support (e.g., counselling, rehabilitation)

9. Monitor Compliance

• Conduct regular internal audits
• Use checklists to ensure all dismissal procedures meet the Code’s standards
• Prepare for potential CCMA or Labour Court scrutiny

LEGAL

LAW AND TYPE OF NOTICE

Justice and Constitutional Development:

Uniform Guidelines on Conferral of Senior Attorney and Senior Counsel: Honours on Eligible Legal Practitioners: Amendment

G 53333 GoN 6592

10 September 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Justice and Constitutional Development: Uniform Guidelines on Conferral of Senior Attorney and Senior Counsel: Honours on Eligible Legal Practitioners: Amendment

G 53333 GoN 6592

10 September 2025

53333gon6592.pdf

ACTION

1. Legal Councils (e.g., Legal Practice Council)

• Update internal procedures to reflect the amended clause 5.2(b).
• Ensure that two practising Senior Attorneys, who are not members of the Council, are designated to the selection committee.
• Conduct consultations with the attorney’s profession before making these designations.

2. Legal Practitioners and Stakeholders

• Review the amended guidelines to understand the updated selection process for Senior Attorney and Senior Counsel honours.
• Participate in consultations if invited by the Council, especially senior attorneys who may be eligible for committee designation.

3. Administrative Bodies

• Implement the amendment immediately, as the notice comes into effect on the date of publication (10 September 2025).
• Communicate the changes to relevant stakeholders, including law societies, bar associations, and legal firms.

4. Eligible Attorneys

• Stay informed about the new composition of the selection committee, as it may affect future applications or nominations for honours.

LIQUOR

LAW AND TYPE OF NOTICE

Liquor Amendment Bill B21-2025

08 September 2025

APPLIES TO: 

1. Liquor Manufacturers

• Cannot use brand elements (logos, slogans, colors, etc.) to promote liquor.
• Prohibited from sponsoring or organizing events that promote liquor consumption.

2. Distributors and Retailers

• Restricted from advertising or promoting liquor in any form of media.
• Cannot engage in product placement or promotional activities.

3. Media and Advertising Agencies

• Banned from accepting payment or consideration for liquor-related product placement in:
  • Broadcast programs
  • Films
  • Social media
  • Other electronic media

4. Event Organizers and Promoters

• Cannot organize or promote events that use liquor branding or promote liquor consumption.
• Prohibited from receiving financial contributions from liquor companies for such events.

5. Sponsorship and Marketing Firms

• Restricted from using liquor brand elements in campaigns or sponsored events.

6. Social Media Influencers and Content Creators

• Cannot depict or reference liquor brands in exchange for compensation.

7. Corporate Entities Hosting Events

• Must ensure events do not promote liquor unless they are private and limited to internal stakeholders (e.g., employees, suppliers, shareholders).

SUMMED UP

MEMORANDUM ON THE OBJECTS OF THE LIQUOR AMENDMENT BILL, 2025

1. INTRODUCTION

The prevalence of increased liquor consumption and alcohol-induced dangers to society is increasing, and many communities suffer because of alcohol abuse. We live in a society where young people are socialised into accepting alcohol abuse and increased or uncontrolled liquor consumption as an integral part of their

lifestyle. While not seeking to be a ‘‘nanny state’’, there should be deliberate attempts by the State to counter the normalisation of alcohol and liquor usage. The Liquor Amendment Bill, 2025 (‘‘the Bill’’) seeks to provide a legislative mechanism through which the State can prevent the advertisement of liquor.

2. OBJECTS OF THE BILL

The purpose of the Bill is to amend the Liquor Act, 2003 (Act No. 59 of 2003), so as to inter alia, prohibit the advertisement, promotion or product placement of liquor to promote liquor or the consumption of liquor. The Bill amends the definitions section and section 9 of the Liquor Act, 2003 (Act No. 59 of 2003) (hereinafter referred to as the ‘‘principal Act’’), to provide for the prohibition of advertisement, promotion or product placement of liquor.

3. CONTENTS OF THE BILL

3.1 Clause 1 inserts new definitions into section 1 of the principal Act.

3.2 Clause 2 substitutes section 9 of the principal Act. This clause now provides for the outright ban on the advertising, promotion or product placement of liquor to promote liquor or the consumption of liquor. It also prevents a manufacturer, distributor, or retail seller from organising an activity that promotes the consumption of liquor.

3.3 Clause 3 provides for transitional arrangements.

3.4 Clause 4 provides for the short title and commencement of the Bill.

4. FINANCIAL IMPLICATIONS FOR THE STATE

The Bill could result in additional costs to the State with regards to enforcement. However, this was also the case with the ban on advertising of tobacco products and costs could be limited by learning from the experience gained then.

5. DEPARTMENTS, BODIES OR PERSONS CONSULTED

The following stakeholders were consulted—

● National Economic Development and Labour Council.

6. PARLIAMENTARY PROCEDURE

6.1 The Member proposes that the Bill must be dealt with in accordance with the procedure established by section 76 of the Constitution as its provisions in a substantial measure falls within a Schedule 4 competency, namely ‘‘trade’’ and ‘‘consumer protection’’.

6.2 The Member proposes that the Bill must not be referred to the National House of Traditional and Khoi-San Leaders in terms of section 39(1)(a) of the Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019), as it does not contain provisions directly affecting traditional or Khoi-San communities or may contain provisions pertaining to customary law or customs of traditional or Khoi-San communities.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Liquor Amendment Bill B21-2025

08 September 2025

b21of2025liquorab.pdf

ACTION

1. Cease All Liquor Advertising

• Ban on advertising liquor in any form of media, including:
  • Television, radio, print
  • Social media and digital platforms
  • Sponsorships and branded content
• Ensure no misleading or youth-targeted messaging is used.

2. Eliminate Product Placement

• Remove any depictions or references to liquor brands in entertainment content (films, shows, online videos) where compensation is involved.

3. Avoid Use of Brand Elements

• Stop using logos, slogans, colors, or any brand identifiers to promote liquor or its consumption.
• This includes indirect promotion, such as branded merchandise or event signage.

4. Refrain from Sponsoring Public Events

• Organizations may not:
  • Organize or promote public events that encourage liquor consumption.
  • Sponsor or contribute financially to such events.
• Exceptions apply only to private events with limited attendance (e.g., employees, shareholders).b21of2025liquorab

5. Review and Amend Existing Contracts

• Existing agreements for advertising, promotion, or sponsorship remain valid if signed before the Act’s commencement.
• However, new agreements must comply with the amended law.

6. Internal Policy Updates

• Update marketing, sponsorship, and event policies to reflect the new legal restrictions.
• Train staff on compliance protocols and legal boundaries.

7. Legal and Regulatory Monitoring

• Stay informed about implementation timelines and presidential proclamation for the Act’s commencement.
• Monitor updates from the Department of Trade, Industry and Competition and South African Government Gazette.

MEDICAL

LAW AND TYPE OF NOTICE

Health Professions Act:

Nominations of members of the Professional Boards: List of names of persons validly nominated for appointment to the Professional Boards

G 53304 BN 830

05 September 2025

DETAILS

Click on the link provided below to view the full list.

LINK TO FULL NOTICE

Health Professions Act: Nominations of members of the Professional Boards: List of names of persons validly nominated for appointment to the Professional Boards

G 53304 BN 830

05 September 2025

53304bn830.pdf

MERCHANT SHIPPING

LAW AND TYPE OF NOTICE

Merchant Shipping Act:

The Draft Merchant Shipping (National Small Vessel Safety) Regulations 2025: Comments invited

G 53304 GoN 3482

– Comment by 05 Oct 2025

05 September 2025

APPLIES TO: 

Government and Regulatory Bodies

• South African Maritime Safety Authority (SAMSA) – Primary authority responsible for implementation, certification, inspections, and enforcement.
• Department of Transport – Oversees the regulatory framework and public consultation process.
• National Ports Authority – Involved in commercial harbour operations and reporting requirements.
• Local Authorities and Regulating Authorities – Responsible for inland waters, tidal lagoons, rivers, and sheltered waters.

Commercial Maritime Operators

• Fishing companies – Operating commercial fishing vessels subject to safety, crewing, and equipment regulations.
• Passenger transport services – Including ferries, tour boats, and charter vessels.
• Dive charter operators – Subject to specific safety and equipment requirements.
• Off Port Limit (OPL) supply launch operators – Must comply with enhanced construction, stability, and safety management system requirements.

Pleasure and Recreational Vessel Owners

• Yacht clubs and sailing associations
• Jet-ski and personal watercraft users
• Rowing and paddling clubs
• Private boat owners – Especially those operating on inland waters or participating in controlled events.

Training and Certification Providers

• Small vessel training providers – Must be accredited by SAMSA and comply with the Small Vessel Code.
• Maritime academies and schools – Offering skipper and crew training programs.

Marine Surveyors and Examiners

• External Appointed Surveyors and Examiners – Conduct inspections and assessments on behalf of SAMSA.

Safety and Equipment Suppliers

• Manufacturers and distributors of marine safety equipment – Lifejackets, flares, EPIRBs, fire extinguishers, etc.
• Boat builders and repair yards – Must comply with construction and modification standards.

Telecommunications and Radio Licensing Authorities

• ICASA (Independent Communications Authority of South Africa) – Responsible for licensing marine radio equipment and MMSI numbers.

Environmental and Waste Management Services

• Sewage and garbage disposal services – Supporting compliance with MARPOL Annex IV and V.
• Pollution control agencies – Monitoring discharge and environmental protection compliance.

SUMMED UP

Purpose of the Document

To invite public comments on the draft regulations governing the safety of small vessels in South Africa, including commercial and pleasure vessels operating in inland and coastal waters.

Structure of the Regulations

The regulations are divided into 11 Parts, plus Annexures:

Part I: General

• Definitions of key terms (e.g., vessel categories, skipper, crew, sheltered waters, accident, etc.)
• Scope and application of the regulations to various vessel types and sizes.

Part II: Safety Certification

• Requirements for obtaining and displaying Local General Safety Certificates.
• Validity, renewal, and cancellation procedures.

Part III: Vessel Safety Requirements

• Design, construction, and inspection standards.
• Hull surveys, safety equipment, and operational limits.
• Navigation safety and voyage reporting.

Part IV: Crewing

• Training, drills, and responsibilities of owners and skippers.
• Endorsements for passenger and dive vessels.
• Age and fitness requirements.

Part V: Training

• Accreditation of training providers.
• Establishment of the Small Vessel Code.

Part VI: Unregistered Pleasure Vessels

• Marking, recording, and certification of fitness.
• Inspection and maintenance requirements.

Part VII: Delegated Powers

• Delegation to authorised agencies and external surveyors/examiners.

Part VIII: Special Provisions

• Rules for water-skiing, personal watercraft, and small sailing/rowing vessels.

Part IX: Administrative Arrangements

• Advisory committees and powers of the Director-General.

Part X: Enforcement and Offences

• Appointment of enforcement officers.
• Penalties for non-compliance.
• Exemptions and equivalents.

Part XI: Final Provisions

• Transitional arrangements.
• Repeal of 2007 regulations.
• Commencement and short title.

Annexures

Annexure 1: Construction Requirements

• Detailed technical standards for vessel design, materials, watertight integrity, hatches, ventilation, steering, and more.

Annexure 2: Safety Appliances and Equipment

• Mandatory safety gear per vessel category (e.g., lifejackets, flares, fire extinguishers, EPIRBs, radios).
• Maintenance and marking requirements.

Key Highlights

• Vessel Categories (A–R) define operational limits based on distance from shore and type of water.
• Mandatory safety equipment varies by category and includes life-saving, fire-fighting, and navigation tools.
• Crew training and certification are required for commercial operations.
• Environmental protection provisions include rules for garbage and sewage disposal.
• Special rules for passenger vessels, dive boats, pontoon vessels, and Off Port Limit (OPL) supply launches.
• Public comment period: 30 days from publication (5 September 2025).

FULL TEXT

DETAILS

DEPARTMENT OF TRANSPORT

NOTICE 3482 OF 2025

MERCHANT SHIPPING ACT, 1951 (ACT NO. 57 OF 1951)

THE DRAFT MERCHANT SHIPPING (NATIONAL SMALL VESSEL SAFETY) REGULATIONS, 2025

The Minister of Transport hereby in terms of section 356(1) of the Merchant Shipping Act,1951 (Act No. 57 of 1951), publishes for comments the draft Merchant Shipping (National Small Vessel Safety) Regulations, 2025 as indicated in the Schedule.

Interested persons are invited to submit written comments on this draft Merchant Shipping (National Small Vessel Safety) Regulations, 2025 within 30 days from the date of publication of this notice in the Government Gazette.

All comments should be posted or emailed to the Director-General Department of Transport for the attention of Mr TM Matlala at:

Department of Transport

Private Bag x 193

Pretoria

0001

E-mail: Matlalatm@dot.gov.za / Mpahlwac@dot.gov.za

Tel: 012 309 3799 / 3040

SCHEDULE

Arrangement of Regulations

PART I

GENERAL

1. Definitions

2. Application of these Regulations

PART II

SAFETY CERTIFICATION

3. Application of this Part

4. Vessel not to be operated without safety certificates

5. Application for a Local General Safety Certificate or a Local General Safety Exemption Certificate

6. Issue and format of Local General Safety Certificate and Local General Safety Exemption Certificate

7. Display of Local General Safety Certificate, permits and special stability instructions

8. Duration and validity of Local General Safety Certificate or a Local

General Safety Exemption Certificate

9. Cancelation of Local General Safety Certificate

PART III

VESSEL SAFETY REQUIREMENTS

10. Submission and approval of plans, in respect of commercial vessel for first issue of local safety certificate

11. Modifications and alterations

12. Design and construction of vessels

13. Inspection of vessel for renewal of local safety certificate

14. Hull survey

15. Hull Structure

16. Safety appliances and equipment

17. Safety of navigation

18. Colouring of vessels

19. Operational limits

20. Carrying persons in excess

21. Voyage information

22. Duty to report dangers to navigation and assist vessels in distress

PART IV

CREWING

23. Practice musters and drills

24. On Board Training

25. Responsibilities of owner and skipper

26. Special endorsements for passenger vessels and dive vessels

27. Certificates of competence

28. Physical and mental fitness

29. Age limitations

30. Unauthorised intoxicating liquor and illicit drugs having narcotic effect

31. Hours of work: general duties of owners, masters and others

PART V

TRAINING

32. Small vessel training providers

33. Small Vessel Code

PART VI

SPECIAL PROVISIONS FOR UNREGISTERED PLEASURE VESSELS

34. Application of this Part

35. Recording and marking of vessels

36. Vessel not to be used without certificate of fitness

37. Initial and renewal inspection for certificate of fitness

38. Issue of certificate of fitness

39. Duration of certificate of fitness

40. Cancellation of certificate of fitness

41. Surrender of expired or cancelled certificate of fitness

42. Custody and production of certificate of fitness

43. Maintenance of conditions after inspection

PART VII

SUPPLEMENTAL- DELEGATED POWERS

44. Delegation by Authority

45. Authorised agencies

46. External Appointed Surveyor or Examiner

PART VIII

ADDITIONAL SPECIAL PROVISIONS

47. Water-skiing

48. Supplementary requirements for personal watercraft, powerdriven not exceeding 15 horsepower, sailing vessels of less than seven metres in overall length, and rowing or paddling vessels.

PART IX

ADMINISTRATIVE ARRANGEMENTS

49. Advisory committees

50. Powers and functions of Director-General

51. Implementation of these Regulations

PART X

EQUIVALENTS, EXEMPTIONS, ENFORCEMENT AND OFFENCES

52. Equivalents and exemptions

53. Exemption in respect of controlled events

54. Appointment and Powers of enforcement officers

55. Offences, penalties and defences

56. Offences due to fault of another person

PART XI

FINAL PROVISIONS

57. Transitional arrangements

58. Repeal of Regulations

59. Short title and commencement

Annexure 1 Construction requirements

Annexure 2 Safety appliances and equipment

Click on the link provided below to view the full document.

LINK TO FULL NOTICE

Merchant Shipping Act: The Draft Merchant Shipping (National Small Vessel Safety) Regulations 2025: Comments invited

G 53304 GoN 3482

– Comment by 05 Oct 2025

05 September 2025

53304gen3482.pdf

ACTION

Government & Regulatory Bodies

South African Maritime Safety Authority (SAMSA)

• Implement and enforce the regulations.
• Issue and renew safety certificates and certificates of competence.
• Accredit training providers and surveyors.
• Publish marine notices and updates to the Small Vessel Code.
• Conduct inspections and audits.

Local Authorities / Regulating Authorities

• Define operational zones (e.g., sheltered waters).
• Approve launch sites and water-skiing zones.
• Enforce local reporting and safety compliance.

Commercial Vessel Operators

Fishing, Passenger, Dive, and OPL Operators

• Apply for and maintain valid Local General Safety Certificates.
• Ensure vessels meet construction, stability, and equipment standards.
• Conduct regular hull surveys and inspections.
• Maintain crew training records and manning certificates.
• Implement safety management systems (SMS).
• Comply with environmental protection rules (garbage, sewage).
• Equip vessels with required safety gear (lifejackets, flares, EPIRBs, etc.).
• Ensure voyage reporting and emergency protocols are followed.

Pleasure Vessel Owners & Clubs

• Register and mark vessels appropriately.
• Obtain and renew Certificates of Fitness.
• Ensure compliance with safety equipment requirements.
• Maintain buoyancy and construction standards.
• Follow rules for controlled events and water-skiing.
• Submit to inspections and report changes in vessel ownership or condition.

Training Providers

• Apply for accreditation from SAMSA.
• Maintain a Quality Standards Management System.
• Train skippers and crew in accordance with the Small Vessel Code.
• Keep training records for at least 5 years.
• Submit to audits and inspections.

Marine Surveyors & Examiners

• Conduct vessel inspections and hull surveys.
• Assess modifications and alterations.
• Issue survey reports and deficiency lists.
• Certify skippers and crew.

Radio & Communications Authorities (e.g., ICASA)

• License marine radio equipment.
• Issue MMSI numbers.
• Ensure compliance with GMDSS and AIS requirements.

Environmental & Waste Management Services

• Provide sewage and garbage disposal services.
• Support compliance with MARPOL Annex IV and V.
• Assist with holding tank and treatment system installations.

Safety Equipment Manufacturers & Suppliers

• Ensure products meet SANS, ISO, or CE standards.
• Supply compliant lifejackets, flares, fire extinguishers, liferafts, etc.
• Provide documentation and markings as required.

PUBLIC SECTOR

LAW AND TYPE OF NOTICE

Public Sector Pension and Related Payments Act 4 of 2025 (English / Sepedi)

04 September 2025

APPLIES TO: 

1. Government Departments and Agencies

• National Treasury: Responsible for managing the National Revenue Fund and implementing the Act.
• Department of Public Service and Administration: Oversees public service employment and retirement.
• Department of Health: Involved in post-retirement medical scheme contributions.
• Department of Defence: Manages military pensions and benefits.
• Department of Justice: Covers pensions for retired judges and magistrates.

2. Legacy and Statutory Bodies

• Former Homeland Governments: Venda, Transkei, Ciskei, Bophuthatswana, Gazankulu.
• National Road Board and South African Mint: Pension schemes for former employees.
• Black Teachers Pension Fund: Historical pension fund for black educators.
• Development Boards: Former regional development entities.

3. Political and Legislative Institutions

• Parliament of South Africa: Staff and Members of Parliament (MPs) are covered under specific pension schemes.
• Presidency: Post-retirement benefits for Presidents.
• Political Office Bearers Pension Fund (POBPF): Employer contributions for MPs.

4. Military and Defence Forces

• South African National Defence Force (SANDF): Covers veterans of various wars, including pre-1914, WWI, WWII, Korean War, Border War, and non-statutory forces.
• Military Pensions Act beneficiaries: Includes both service members and their dependents.

5. Diplomatic Services

• Diplomatic Mission in the UK: Locally recruited staff under the 1961 Act are entitled to specific payments.

6. Medical Schemes

• GEMS (Government Employees Medical Scheme) and Medihelp: Receive government contributions for retired members.
• PSCBC (Public Service Coordinating Bargaining Council): Collective agreements govern medical scheme eligibility.

7. Special Pensions Beneficiaries

• Individuals recognized under the Special Pensions Act, 1996 for their role in establishing South Africa’s democratic order.

Industries Indirectly Affected

• Insurance and Pension Fund Administrators: May be involved in managing or processing payments.
• Healthcare Providers: Due to medical benefits and subsidies.
• Legal and Financial Advisory Services: Supporting compliance and claims under the Act.

SUMMED UP

Purpose of the Act

The Act establishes that certain public sector pension payments, post-retirement medical benefits, and other related benefits—arising from legislation and collective agreements—are direct charges against the National Revenue Fund, as defined in Section 213 of the Constitution of South Africa.

Key Provisions

1. Direct Charges

The following types of payments are now considered direct charges against the National Revenue Fund:

• Pensions and benefits for retired judges, former members of pre-1994 legislative assemblies, and other legacy pension schemes.
• Injury on Duty (IOD) benefits and medical costs for government employees.
• Government contributions to medical schemes for retired public servants.
• Special pensions for individuals who contributed to the establishment of South Africa’s democratic order.
• Pensions for political office bearers, presidents, military veterans, and parliamentary staff.

2. Amendment of the Schedule

The Minister of Finance is empowered to amend the Schedule of benefits, subject to:

• Public consultation (minimum 30 days).
• Parliamentary approval within 3 months.
• If Parliament does not act within 3 months, the amendments are deemed approved.
• Amendments may include clarifying terms, adding/removing benefits, or aligning with new legislation or agreements.

3. Short Title

The Act is officially titled the Public Sector Pension and Related Payments Act, 2025.

Schedule of Payments

The Schedule lists specific categories of pension-related payments, including:

1.     Pre-1994 Pension Schemes & Retired Judges

·       Includes pensions for former homeland government officials, judges, and statutory body members.

2.     Injury on Duty

·       Covers pensions and medical costs for employees injured while in service.

3.     Medical Scheme Contributions

·       For retired public servants, magistrates, and former development board employees.

4.     UK Diplomatic Staff

·       Tax-related payments for locally recruited staff under the UK Diplomatic Mission Act.

5.     Special Pensions

·       For individuals who contributed to the democratic transition.

6.     Political Office Bearers Pension Fund

·       Employer contributions for Members of Parliament.

7.     Presidential Pensions

·       Post-retirement benefits for Presidents.

8.     Military Pensions

·       For veterans of various wars, including pre-1914, WWI, WWII, Korean War, and post-1960 conflicts.

9.     SA Citizen Force

·       Pensions for Border War participants and non-statutory force members.

10.   Parliamentary Staff Medical Subsidies

• Post-retirement medical scheme subsidies.

FULL TEXT

DETAILS

4 of 2025

The Public Sector Pension and Related Payments  4 of 2025 intends:

• to provide that certain public sector pension, post-retirement medical and other pension related benefits under legislation and collective agreements are direct charges against the National Revenue Fund; and
• to provide for matters incidental thereto.

Commencement

3 September 2025

Vol. 723 3 September 2025 No. 53288

The Presidency

No. 6570 3 September 2025

It is hereby notified that the President has assented to the following Act, which is hereby published for general information:—

Act No. 04 of 2025: Public Sector Pension and Related Payments Act 2025

(English text signed by the President)

(Assented to 29 August 2025)

ACT

To provide that certain public sector pension, post-retirement medical and other pension related benefits under legislation and collective agreements are direct charges against the National Revenue Fund; and to provide for matters incidental thereto.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Public sector pension and related payments

1. The payments for public sector pension, post-retirement medical and other pension related benefits under legislation and collective agreements listed in the Schedule are direct charges against the National Revenue Fund, referred to in section 213 of the Constitution of the Republic of South Africa, 1996.

Amendment of Schedule

2. (1) The Minister of Finance may, subject to subsection (6), amend the Schedule after—

(a) publishing the proposed amendments to the Schedule in the Gazette for public comment for a period of at least 30 days;

(b) considering the public comment and, if necessary, amending the proposed amendments to the Schedule; and

(c) tabling the proposed amendments to the Schedule in Parliament for approval, including its proposed effective date.

(2) Parliament must approve, adopt amendments to, or reject the proposed amendments to, the Schedule within three months from the date of its tabling.

(3) Section 13 of the Money Bills and Related Matters Act, 2009 (Act No. 9 of 2009), applies in relation to the consideration by Parliament of the proposed amended Schedule that is tabled for approval.

(4) If Parliament does not pass a resolution approving, adopting amendments to, or rejecting the proposed amendments to, the Schedule within three months from the date of its tabling, Parliament is deemed to have approved the proposed amendments to the Schedule, and—

(a) the Minister must, by notice in the Gazette, publish the amended Schedule, and

(b) the amended Schedule takes effect on the date specified in the notice.

(5) If Parliament approves the proposed amendments to the Schedule, the Minister must, by notice in the Gazette, publish the amended Schedule, and amended schedule takes effect on the date specified in the notice.

(6) The Minister may amend the Schedule in terms of subsection (1)—

(a) to specify the meaning of any terms;

(b) to amend or omit benefits, or add benefits of the same kind, as a result of—

(i) an amendment to, or repeal of, any applicable legislation or collective

agreement; or

(ii) new legislation or a new collective agreement; or

(c) to align references with the amendments made to the applicable legislation or collective agreements or new legislation or a new collective agreement.

Short title

3. This Act is called the Public Sector Pension and Related Payments Act, 2025.

LINK TO FULL NOTICE

Public Sector Pension and Related Payments Act 4 of 2025 (English / Sepedi)

04 September 2025

53288-3-9-publicsectorpensionrelatedpaymentsact-04-2025.pdf

ACTION

1. Government Departments & Agencies

Actions Required:

• Budget Planning: Adjust financial planning to account for pension and medical benefit payments as direct charges against the National Revenue Fund.
• Reporting & Compliance: Ensure accurate reporting of pension-related expenditures to Treasury.
• Coordination with Treasury: Collaborate on updates to the Schedule and respond to public consultations.

2. Treasury & Finance Institutions

Actions Required:

• Fund Allocation: Ensure sufficient funds are allocated in the National Revenue Fund for all listed benefits.
• Schedule Management: Implement and publish amendments to the Schedule as per the Act’s procedures.
• Parliamentary Engagement: Table proposed amendments and manage timelines for approval or automatic enactment.

3. Public Sector Employers

Actions Required:

• HR & Payroll Adjustments: Update systems to reflect new pension and medical benefit obligations.
• Employee Communication: Inform current and retired employees about changes in benefit structures.
• Medical Scheme Contributions: Continue or initiate contributions to schemes like GEMS and Medihelp for eligible retirees.

4. Pension Fund Administrators

Actions Required:

• Benefit Processing: Administer payments for legacy schemes, retired judges, military veterans, and political office bearers.
• Data Management: Maintain accurate records of beneficiaries and ensure timely disbursements.
• Compliance Audits: Align operations with the Act’s provisions and prepare for audits or reviews.

5. Parliament

Actions Required:

• Legislative Oversight: Review and approve amendments to the Schedule within the 3-month window.
• Monitoring Implementation: Ensure the Act is being applied correctly across departments.

6. Medical Schemes (e.g., GEMS, Medihelp)

Actions Required:

• Subsidy Management: Coordinate with government departments to receive and manage contributions.
• Eligibility Verification: Confirm retiree eligibility based on collective agreements and legislation.

7. Military & Veteran Affairs

Actions Required:

• Veteran Support: Process pensions and medical benefits for ex-service members.
• Historical Claims: Address claims from veterans of older conflicts (pre-1914, WWII, Border War, etc.).

8. Diplomatic Services

Actions Required:

• Tax Compliance: Manage payments for locally recruited staff under UK diplomatic service laws.

9. Legal & Advisory Bodies

Actions Required:

• Interpretation & Guidance: Provide legal clarity on eligibility, amendments, and entitlements.
• Support for Beneficiaries: Assist individuals in navigating claims and understanding their rights.

STANDARDS

LAW AND TYPE OF NOTICE

Standards Act:

Standards matters: Comments invited

G 53304 GoN 3481

– Comment by 28 Oct 2025

05 September 2025

LINK TO FULL NOTICE

Standards Act: Standards matters: Comments invited

G 53304 GoN 3481

– Comment by 28 Oct 2025

05 September 2025

53304gen3481.pdf

ENVIRONMENTAL ARTICLES

SOUTH AFRICA

A blueprint for Namibia’s green industrialisation

Namibia has made substantial strides in establishing a comprehensive framework for its green hydrogen ambitions, demonstrating strong political will and a clear strategic vision.

The nation’s Green Hydrogen and Derivatives Strategy, integrated with national development plans like Harambee Prosperity Plan II and Vision 2030, signals a deep commitment to socio-economic transformation beyond mere energy production.

The Green Industrialisation Blueprint, released in August 2024, further solidifies this commitment by providing a detailed roadmap for leveraging green hydrogen to drive broader economic diversification, job creation, and export growth.

Click here to read more.

Jackwell Feris and Ilda dos Santos

Cliff Dekker Hofmeyer

FINANCE ARTICLES

SOUTH AFRICA

When will South Africa’s NPS Bill come into force? Navigating the road to implementation

The South African Reserve Bank (“the SARB”) has repeatedly emphasised – most recently in its Vision 2025 document – that a modern, safe, and interoperable payment ecosystem is now a strategic imperative. Interoperability, stronger consumer safeguards, and an explicit framework for the regulation of non-bank payment service providers are singled out in Vision 2025 as urgent policy outcomes. Against that backdrop, many market participants are asking when the long-awaited National Payment System Bill (“NPS Bill”) will finally surface.

Although Parliamentary officials have confirmed that, as at the date of writing, the Bill has not yet been introduced in either the National Assembly (“NA”) or the National Council of Provinces (“NCOP”), the messaging in the Vision 2025 document suggests that modernising South Africa’s payment system is a priority.

Why imminent changes to the National Payment System appears likely

Vision 2025 Commitments

The SARB commits in Vision 2025 to “[d]raft the NPS Bill”, which process will be complemented by existing standards, frameworks and position papers. The Vision 2025 document states that the “end date” of this activity was December 2020.

Regulatory sequencing

On 3 March 2025, SARB published a draft directive entitled ‘Directive in respect of specific payment activities within the national payment system’ simultaneously with a draft exemption notice entitled ‘Designation by the Prudential Authority of specific activities conducted in the national payment system which shall be deemed not to constitute ‘the business of a bank’ under paragraph (cc) in section 1(1) of the Banks Act, 1990’.

The draft directive and draft exemption notice, once finalised, may constitute short-term measures to modernise the payments system pending the promulgation of the NPS Bill.

Regional and international pressures

South Africa’s upcoming Financial Action Task Force follow-up review and the African Continental Free Trade Area payments initiative both assume a robust legal basis for non-bank payment provider regulation and cross-border interoperability. Policymakers therefore have external incentives to move quickly.

Once the Bill has been drafted, and is approved by Cabinet, it will be introduced in the NA and proceed through committee review, public consultation, and debates in both Houses of Parliament. This process typically takes several months. If the Bill is tabled in late 2025, it could be enacted by mid-2026, with operational provisions likely phased in over the following year to allow for industry adjustment.

In summary, while the National Payment System Bill has not yet been introduced in Parliament, large-scale changes to South Africa’s national payment system are imminent. Once a draft of the Bill is approved by Cabinet, the legislative process is expected to take several months. However, the draft directive and draft exemption notice may soon be published in their final form – as these subordinate instruments are not required to follow the same parliamentary process as national legislation. Market participants should prepare for significant changes to the payments landscape in the near future.

Angela Itzikowitz; Era Gunning; and Amelia Warren

ENSafrica

KENYA

The Draft Central Bank of Kenya (Non-Deposit Taking Credit Providers) Regulations, 2025

Background

‍

On 7^th August 2025, the Central Bank of Kenya (CBK) published the Draft Non-Deposit Taking Credit Providers Regulations, 2025 (the Draft Regulations) for public comment.

‍

The Draft Regulations are issued under the Central Bank of Kenya Act (Chapter 491 of the Laws of Kenya) (CBK Act), following amendments introduced by the Business Laws (Amendment) Act, 2024. The amendments extended CBK’s regulatory authority beyond Digital Credit Providers (DCPs) to encompass all non-deposit-taking credit providers (NDTCPs) in Kenya.

Key provisions of the Draft Regulations

(i) Scope and Applicability

Draft Regulations apply to all non-deposit taking credit businesses not already regulated under any other written law. The Draft Regulations do not apply to:

‍

1.     Institutions licensed under the Banking Act, Microfinance Act, or Sacco Societies Act.

2.     The Kenya Post Office Savings Bank.

3.     Credit arrangements that are “merely incidental” to the sale of goods or services by a person whose primary business is providing those goods or services.

4.     Entities whose business is regulated under any other written law or approved by the CBK.

(ii) Licensing and Registration Requirements

The Draft Regulations establish a tiered approach to licensing and registration based on an applicant’s capital base.

• Licensing:  Applicants with an initial paid-up share capital of KES 20 million or more must  apply for a licence from the CBK. The Draft Regulations prescribe an extensive list of documents and disclosures to accompany the licence application.
• Registration: Applicants with an initial capital below the KES 20 million threshold may apply for registration. The documents and disclosures to accompany the registration application are less extensive than for licensing.
• Conversion of registration to a licence: A key provision in the Draft Regulations is that a registered NDTCP whose capital, borrowings, or loan book surpasses the KES 20 million threshold must convert its status to a licensed entity. The CBK may also direct a registered NDTCP to apply for a licence where the NDTCP failed to disclose the correct figures or has undergone a rapid expansion of business following its registration.

(iii) Fees

The Draft Regulations introduce an application fee of KES 100,000 for both licensing and registration. Annual fees are set at KES 500,000 for licensed entities and KES 250,000 for registered entities.

This is a steep increase from the current fees applicable under the DCP Regulations where the application fee is KES 5,000 and the annual fee is KES 20,000.

(iv) Operation of the non-deposit taking credit business

• Obligations: The Draft Regulations introduce several key obligations for NDTCPs, including requirements to:
  • Notify CBK of any proposed changes in significant shareholding, board composition or senior management.
  • Adopt and maintain robust corporate governance standards, with clear oversight, risk management and compliance frameworks.
  • Notify CBK prior to the opening, relocation, or closing of a branch or place of business.
  • Obtain prior written approval before introducing new products in the market or varying features of an existing product as well as for sale, transfer or amalgamation of the business.
  • Submit reports and returns to CBK on various information including loan numbers, complaints, and non-performing loans.
  • Establish a risk management framework, a credit policy and appropriate processes and procedures to meet the objectives of the Code of Conduct provided in the Draft Regulations.
  • Obtain prior approval of CBK before voluntarily liquidating or closing the business.

• Prohibited activities: NDTCP’s are prohibited from engaging in activities such as deposit taking business; taking of cash as security for loans; collection of registration fees or membership fees from loan applicants or borrowers; foreign exchange business; payment services and transfer of funds; trust operations; and any other activity as CBK may determine.

• Place of business: the Draft Regulations introduce the requirement for NDTCPs to have at least one registered physical office in Kenya, in accordance with the requirements of the Companies Act, (Chapter 486 of the Laws of Kenya).

(v) Consumer Protection

The Draft Regulations also provide robust consumer protection obligations for NDTCPs requiring them to provide transparent transaction information, establish effective complaint resolution mechanisms, and ensure all marketing and promotional materials are fair, clear, and not misleading.

(vi) Enforcement

The Draft Regulations grant CBK a wide range of enforcement powers over NDTCPs in the event of non-compliance. The sanctions that CBK may impose on NDTCPs for non-compliance include:

• a monetary penalty which shall not exceed KES 2 Million, or three times the gross amount of the monetary gain made or loss avoided by the failure or refusal to comply, whichever is higher and continuing penalty not exceeding KES 10,000 in each case for each day or part thereof during which such failure or refusal continues;
• suspension or revocation of a licence or registration;
• disqualification of a significant shareholder, director or officer from holding any position or office in any non-deposit-taking credit provider and any entity licensed by CBK for a period of five years;
• prohibition of the NDTRCP from granting new loans, undertaking the permissible activities, using specific delivery channels, borrowing new loans or engaging particular agents or service providers; or
• direct a NDTCP to take administrative or disciplinary action, suspend or dismiss from office of the non-compliant NDTCP’s director, officer, employee, agent or outsourced service provider.

(vii) Transitional provisions

• NDTCPs will be required to apply to CBK for a licence within six months of publication of the Regulations.
• The enactment of the regulations shall repeal the Central Bank of Kenya (Digital Credit Providers) Regulations, 2022.
• However, NDTCPs licensed under the Central Bank of Kenya (Digital Credit Providers) Regulations, 2022 shall not be affected by registration requirements under the Regulations and any pending licence applications shall at commencement of the Regulations, be processed in accordance with the Regulations.

Implications of the Draft Regulations

(a) Impact on foreign lending

The broad definitions of the terms ‘non-deposit taking credit business’ and ‘non-deposit taking credit provider’ under the CBK Act could be interpreted as placing licensing requirements for foreign lenders not established in Kenya but offering credit to borrowers in Kenya.

This is a significant development, as foreign lending plays a significant role as a source of foreign direct investments in Kenya.

The Draft Regulations do not provide for exemptions, thresholds or criteria for determining when the licensing or registration requirements will apply to foreign lenders not established in Kenya but provide credit facilities to borrowers including corporate borrowers and the Government in Kenya.

In addition, the requirement under the Draft Regulations for NDTCPs to establish a physical office in Kenya further implies that foreign lenders will need to establish a physical presence in Kenya which will cause concern for foreign lenders.

(b) Uncertainty regarding the exemption for credit arrangements incidental to the sale of goods and services

The CBK Act and the Draft Regulations exclude from their application credit arrangements that are merely incidental to the sale of goods or the provision of services. In effect, entities whose primary activity is the supply of goods or services and which only extend credit on an incidental basis are not non-deposit-taking credit providers under the CBK Act and are not subject to the licensing or registration requirements.

There is however, no guidance on the factors or criteria that CBK will apply in determining whether the provision of credit is merely ‘incidental’ to the sale of goods or provision of services. This creates uncertainty regarding the scope and application of the exemption.

(c) The Buy-Now-Pay-Later Arrangements to be regulated under the Regulations

The definition of a non-deposit credit business under the CBK Act  includes buy now pay later arrangements as determined by CBK.  A buy now pay later arrangement is in turn defined as an arrangement whereby the consumer purchases goods or assets, whether or not secured on the goods or assets, and pays later in instalments with or without interest.

The inclusion of the phrase ‘as determined by CBK’ grants CBK the discretion to determine the scope of buy now pay later (BNPL) arrangements that fall within its regulatory ambit. However, the Draft Regulations provide no further guidance on which BNPL arrangements are captured and which, if any, are excluded, leaving uncertainty for market participants regarding their regulatory obligations.

(d) Registration Delays

In a press release dated 5 June 2025, the CBK noted that it had received more than 700 applications for licensing of DCPs since March 2022. As at the date of the press release, only 126 DCPs had been licensed.

Based on the above, it remains difficult to predict how long CBK will take to process the significantly higher  volume of applications expected from NDTCPs. In addition, given the potentially large number of entities that will fall within the licensing regime and the extensive obligations imposed by the Draft Regulations, it is unclear how CBK will effectively monitor and enforce these obligations across the sector.

Next Steps

The public comment period for the Draft Regulations is open until September 5, 2025. It is crucial for the various market participants to assess the impact of the Draft Regulations on their current operations and make representations to the CBK on the Regulations.

Dentons, Hamilton, Harrison & Mathews

SOUTH AFRICA

Modernising Workplace Discipline: A Short Guide to the 2025 Dismissal Code

The updated Code of Good Practice on Dismissal, issued under the Labour Relations Act, 1996, was published in Government Gazette No. 53294 and came into effect on 4 September 2025. This Code replaces the previous Code contained in Schedule 8 to the Labour Relations Act and introduces important changes.

The 2025 Code introduces greater clarity, fairness, and flexibility, especially for small businesses. It replaces the older Schedule 8 with a more structured and inclusive framework, ensuring that both employers and employees better understand their rights and responsibilities.

Other than the changes relating to small businesses and the justified deviation for employers in exceptional circumstances to have less formalistic disciplinary processes, there is nothing entirely new in the 2025 Code. While the previous Code provided general guidance, the 2025 Code incorporates established legal principles and case law directly into its text. As such, the changes relating to misconduct, poor performance and operational requirements in the 2025 Code could be regarded as a codification of already existing legal requirements. This may result in not only more clarity for employers and employees but also a stricter approach to what constitutes fairness. This stricter approach stems from the 2025 Code’s emphasis on procedural consistency and substantive fairness.

Key changes introduced in the 2025 Code include the following:

• Misconduct – the 2025 Code requires employers to demonstrate that disciplinary rules are clearly communicated to employees, consistently applied, and proportionate to the offence.
• Poor Performance – the 2025 Code requires employers to provide structured support, including training and reasonable time for improvement, before considering dismissal, particularly for non-managerial employees.
• Expanded Misconduct and Poor Performance Guidelines – where the previous Code was more general on what constituted fair process, the 2025 Code outlines detailed examples of misconduct and poor performance, along with step-by-step disciplinary procedures to be followed.
• Operational Requirements – the 2025 Code mandates that a transparent consultation processes be followed, selection criteria be disclosed to employees, and meaningful engagement with affected employees or unions.
• Small Business Accommodation – the Code now includes specific provisions for small businesses, allowing small businesses to follow simpler, less formal disciplinary procedures while still maintaining fairness. For example, a small retail shop may conduct informal disciplinary hearings without legal representation, provided that the employee is informed and allowed to respond.
• Less Formalistic Disciplinary Processes in Exceptional Instances – the Code also provides for less formalistic disciplinary processes if an organisation cannot comply with a formal process in exceptional circumstances, but in terms of which, must be able to justify its deviation. This can apply to large businesses, however, as indicated, it must clearly justify its non-compliance.
• Incapacity Expanded – the Code also includes incompatibility and imprisonment as forms of incapacity. This inherently requires employers to comply with incapacity processes when it relates to employee incompatibility and imprisonment.

The most important feature of the 2025 Code is probably the dedicated section for small businesses, recognizing their unique operational constraints. This is a significant shift from the previous Code, which applied a uniform standard regardless of business size. Small businesses may use less formal processes, provided fairness is maintained. Disciplinary hearings may thus be less formal but must still allow the employee to respond. Employers must further document decisions and reasons for dismissal.

The 2025 Code further encourages small businesses to seek guidance from sectoral bodies or the CCMA. Comparing the 2025 Code with the previous Code the following is apparent:

In conclusion, the 2025 Code aims to modernise dismissal procedures, promote fairness, and provide clearer guidance for employers and employees. The 2025 Code promotes fairness and consistency, protects employees from arbitrary dismissal, and provides clearer guidance for employers, especially small businesses.

Employers will have to review their internal disciplinary codes and procedures to ensure alignment with the new Code.

Small businesses, in particular, should take note of the simplified compliance options now available.

This bulletin was authored by partner Paul Fouche, partner Venolan Naidoo, and Candidate Attorney Alyssa Farrand.

Paul Fouche and Venolan Naidoo

Fasken