Agricultural Product Standards Act Regulations: Rooibos and Green Rooibos Products intended for sale in South Africa: Comments invited

National Environmental Management Act: Regulations: Prohibition on use, production, distribution, sale, import and export of plastic microbeads, and products containing microbeads: Comments invited

Climate Change Act: Presidential Climate Commission: Nominations invited

FINANCE

National Credit Act: Regulations: Amendment: Comments invited

LIQUOR

Liquor Act: Regulations: Amendment: Comments invited

Draft Carbon Budget Regulations: What South African businesses need to know

Draft Block Exemption for the Promotion of Exports, 2025 – Public comments invited

Update on the never-ending Tammy Taylor Dispute

Zambia Mandates Online Trade Mark Filing

AGRICULTURE

LAW AND TYPE OF NOTICE

Agricultural Product Standards Act Regulations:

Rooibos and Green Rooibos Products intended for sale in South Africa: Comments invited

G 53130 RG 11860 GoN 6488

– Comment by 07 Sep 2025

08 August 2025

APPLIES TO: 

• Agricultural producers who grow rooibos and green rooibos.
• Product manufacturers that process and package rooibos products.
• Retailers selling rooibos products within South Africa.
• Exporters distributing rooibos internationally.
• Industry associations and stakeholders involved in quality standards, trade, and regulation of rooibos products.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Agricultural Product Standards Act Regulations: Rooibos and Green Rooibos Products intended for sale in South Africa: Comments invited

G 53130 RG 11860 GoN 6488

– Comment by 07 Sep 2025

08 August 2025

53130rg11860gon6488.pdf

ACTION

Ensure that you submit your comments by 07 September 2025

EDUCATION

LAW AND TYPE OF NOTICE

National Qualifications Framework Act:

Occupational qualifications for registration on Occupational Qualifications Sub-Framework for Trades and Occupations: Various applications: Comments invited

G 53151 GoN 6507

– Comment by 03 Sep 2025

13 August 2025

APPLIES TO: 

1.     Educational Institutions

·       Colleges, universities, and training providers offering vocational or occupational qualifications.

·       Institutions planning to align their programs with the National Qualifications Framework (NQF).

2.     Industry and Trade Associations

·       Sector-specific bodies representing professions such as business brokers, customer service managers, health product regulators, mine environmental officers, etc.

3.     Employers and Corporations

·       Companies employing professionals in the listed occupations (e.g., IT firms, farms, religious organisations, mining companies, health product companies).

4.     Professional Bodies and Certification Authorities

·       Organizations responsible for certifying professionals in fields like business intelligence, computer technology, agriculture, and religious practice.

5.     Government Departments and Regulatory Agencies

·       Departments involved in labor, education, health, agriculture, and mining that oversee workforce development and compliance.

6.     Non-Profit and Religious Organizations

·       Especially those involved in training or employing Christian Religious Practitioners.

7.     Training and Development Consultancies

·       Firms that design and deliver occupational training programs or advise on curriculum development.

8.     Golf and Sports Associations

·       Particularly those involved in professional training and certification of golf professionals.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Qualifications Framework Act: Occupational qualifications for registration on Occupational Qualifications Sub-Framework for Trades and Occupations: Various applications: Comments invited

G 53151 GoN 6507

– Comment by 03 Sep 2025

13 August 2025

53152gon6507.pdf

ACTION

Ensure that you submit your comments by 03 September 2025

LAW AND TYPE OF NOTICE

National Qualifications Framework Act:

Occupational qualifications for registration on Occupational Qualifications Sub-Framework for Trades and Occupations: Various applications: Comments invited

G 53150 GoN 6506

– Comment by 03 Sep 2025

13 August 2025

APPLIES TO: 

1. Educational and Training Institutions

• Colleges, universities, and private training providers that offer or plan to offer programs aligned with the listed occupational qualifications.
• Institutions involved in curriculum development and assessment for vocational and occupational training.

2. Industry and Professional Bodies

• Organizations representing professions such as banking, accounting, data security, machine learning, and micro-finance.
• Sector Education and Training Authorities (SETAs) and industry associations that rely on standardized qualifications for workforce development.

3. Employers and Corporations

• Businesses employing professionals in the listed occupations (e.g., copywriters, data security practitioners, accountants, bankers).
• Companies involved in financial services, IT, and community scheme management that may use these qualifications for hiring or internal training.

4. Government and Regulatory Agencies

• Departments and councils involved in education, labor, and skills development, such as the Department of Higher Education and Training and the South African Qualifications Authority (SAQA).
• Entities responsible for policy-making and regulation of occupational standards.

5. Community and Non-Profit Organizations

• NGOs and community-based organisations involved in skills development, especially in areas like micro-finance and community scheme management.

6. Individuals and Stakeholders

• Professionals working in or aspiring to work in the listed occupations.
• Curriculum developers, assessors, and education consultants.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Qualifications Framework Act: Occupational qualifications for registration on Occupational Qualifications Sub-Framework for Trades and Occupations: Various applications: Comments invited

G 53150 GoN 6506

– Comment by 03 Sep 2025

13 August 2025

53152gon6506.pdf

ACTION

Ensure that you submit your comments before 03 September 2025.

ENERGY

LAW AND TYPE OF NOTICE

Electricity Regulation Act:

Determination: eThekwini Metropolitan Municipality: New generation capacity

G 53138 GoN 6494

08 August 2025

APPLIES TO: 

1. eThekwini Metropolitan Municipality

• Directly impacted as the designated buyer of the new generation capacity (400 MW).
• Responsible for procuring the generation capacity through a fair, equitable, transparent, competitive, and cost-effective tendering process.

2. Energy Developers and Independent Power Producers (IPPs)

• Especially those involved in solar photovoltaic (PV) and natural gas projects.

• Eligible to participate in the upcoming tendering process for:
  • 100 MW of Solar PV
  • 300 MW of Natural Gas

3. National Energy Regulator of South Africa (NERSA)

• Provided concurrence to the determination.
• Will likely be involved in regulatory oversight and ensuring compliance with the Electricity Regulation Act and related regulations.

4. Department of Mineral Resources and Energy

• Issued the determination through the Minister of Electricity and Energy.
• Plays a role in policy direction and implementation of energy generation strategies.

5. Municipalities and Local Governments

• While eThekwini is the direct buyer, other municipalities may be indirectly affected by the precedent set for municipal procurement of generation capacity.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Electricity Regulation Act: Determination: eThekwini Metropolitan Municipality: New generation capacity

G 53138 GoN 6494

08 August 2025

53138gon6494.pdf

ACTION

eThekwini Metropolitan Municipality

Primary Responsibilities:

1.     Procure 400 MW of new generation capacity:

·       100 MW from Solar Photovoltaic (PV)

·       300 MW from Natural Gas

2.     Conduct a tendering process that is:

·       Fair

·       Equitable

·       Transparent

·       Competitive

·       Cost-effective

3.     Engage with potential energy developers and ensure compliance with the Electricity Regulation Act and related regulations.

Energy Developers / Independent Power Producers (IPPs)

Actions to Take:

1.     Prepare to participate in the upcoming tender issued by eThekwini Municipality.

2.     Align project proposals with the specified generation types:

·       Solar PV (100 MW)

·       Natural Gas (300 MW)

3.     Ensure compliance with technical, environmental, and regulatory standards.

National Energy Regulator of South Africa (NERSA)

Ongoing Role:

1.     Monitor and oversee the procurement process to ensure it aligns with regulatory frameworks.

2.     Support and guide the municipality and developers on licensing and compliance matters.

Department of Mineral Resources and Energy

Strategic Role:

1.     Facilitate coordination between stakeholders.

2.     Ensure policy alignment with national energy goals, especially regarding diversification and reliability of supply.

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

APPLIES TO: 

1.     Cosmetics and Personal Care Manufacturers

·       Companies producing exfoliants, cleansers, or other products containing microbeads.

2.     Retailers and Distributors

·       Businesses selling or distributing products with microbeads, including pharmacies, supermarkets, and online stores.

3.     Importers and Exporters

·       Organizations involved in the international trade of microbead-containing products.

4.     Cleaning Product Manufacturers

·       Producers of household or industrial cleaning products that use microbeads for abrasive purposes.

5.     Agricultural and Pesticide Companies

·       If microbeads are used in pesticide formulations, these companies would also be impacted.

6.     Waste Management and Environmental Monitoring Agencies

·       Entities responsible for monitoring compliance, labeling, and public education as outlined in the regulations.

7.     Regulatory and Compliance Bodies

·       Organizations tasked with enforcing environmental laws and managing chemical and waste policy.

SUMMED UP

Draft regulations under the National Environmental Management Act (Act No. 107 of 1998) to prohibit the use, production, distribution, sale, import, and export of plastic microbeads and products containing microbeads.

Additional Notes

·       There is a 24-month transitional period for organisations currently in possession of microbeads or related products.

·       Affected entities must notify the Director-General within 30 days of the regulations’ commencement and submit a phase-out plan.

·       Non-compliance can result in fines up to R10 million or imprisonment up to 10 years.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Environmental Management Act: Regulations: Prohibition on use, production, distribution, sale, import and export of plastic microbeads, and products containing microbeads: Comments invited

G 53137 GoN 6493

– Comment by 08 Sep 2025

08 August 2025

53137gon6493.pdf

ACTION

Ensure that you submit your comments before 08 September 2025

LAW AND TYPE OF NOTICE

Climate Change Act:

Presidential Climate Commission: Nominations invited

G 53123 P 276

– Comment by 29 Aug 2025

06 August 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Climate Change Act: Presidential Climate Commission: Nominations invited

G 53123 P 276

– Comment by 29 Aug 2025

06 August 2025

53123pr276.pdf

FINANCE

LAW AND TYPE OF NOTICE

National Credit Act:

Regulations: Amendment: Comments invited

G 53154 RG 11867 GoN 6510

– Comment by 13 Sep 2025

13 August 2025

APPLIES TO: 

1. Credit Providers

These include banks, micro-lenders, and any institution offering credit to consumers or businesses. The amendment requires:

• More detailed assessments of consumers’ financial means and prospects.
• Consideration of revenue from commercial activities funded by credit agreements.
• Use of a minimum expense norms table (excluding small businesses).

2. Registered Credit Bureaus

They are impacted by changes to:

• The types of information they can receive, compile, and report.
• The sources from which they can receive consumer credit information, now expanded to include:
  • Organs of state
  • Courts and judicial officers
  • Utility providers
  • Insurance companies
  • Fraud investigation entities
  • Educational institutions
  • Debt collectors

3. Small Businesses

The amendment introduces specific provisions for:

• Credit applications by small businesses.
• Consideration of the financial position of related persons.
• Exemption from the minimum expense norms table, requiring disclosure of realistic business expenditure.

4. Data Providers

Entities that submit consumer credit information to credit bureaus must now:

• Include more detailed personal and business information.
• Follow formats and guidelines prescribed by the National Credit Regulator.

5. The National Credit Regulator (NCR)

The NCR gains expanded authority to:

• Prescribe the manner and form of data submissions.
• Issue guidelines for compliance.

SUMMED UP

1. Regulation 18 – Consumer Credit Information

• Expanded identification methods: Allows use of alternative reasonable methods if ID/passport/registration numbers are unavailable.

• New data categories:
  • Credit applications by small businesses.
  • Financial status of related persons to small businesses.
  • Credit risk and agreement management by providers.

• Expanded reporting rights for credit bureaus:
  • Includes payment history for goods, services, and utilities.
  • Broader sources of data allowed (e.g., courts, insurers, educational institutions, fraud investigators).

2. Regulation 19 – Data Submission to Credit Bureaus

• Mandatory data fields:
  • Full names, ID/passport/registration numbers.
  • Residential or business addresses, employer details.

• Standardized submission:
  • Credit providers and data providers must follow NCR-prescribed formats and guidelines.

3. Regulation 23A – Credit Assessment

• Stricter affordability checks:
  • Credit providers must assess discretionary income and validate financial means.
  • Must consider revenue from commercial activities funded by credit.

• Calculation norms:
  • Use of a minimum expense norms table based on income brackets.
  • Exemption for small businesses, which must disclose realistic business expenses.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Credit Act: Regulations: Amendment: Comments invited

G 53154 RG 11867 GoN 6510

– Comment by 13 Sep 2025

13 August 2025

53154rg11867gon6510.pdf

ACTION

Ensure that you submit your comments by 13 September 2025

LABOUR

LAW AND TYPE OF NOTICE

Labour Relations Act: Collective Agreements

LINK TO FULL NOTICE

Labour Relations Act: Building Industry Bargaining Council: Extension of Consolidated Main Collective Agreement to non-parties

G 53145 RG 11863 GoN 6498

12 August 2025

53145reg11863gon6498.pdf

Labour Relations Act: Bargaining Council for the Furniture Manufacuring Industry of the Cape Provinces: The Main Collective Agreement; and Extension to Non-parties of the Main Collective Agreement

G 53141 RG 11862 GoN 6497

11 August 2025

53141rg11862gon6497.pdf

LEGAL PRACTICE

LAW AND TYPE OF NOTICE

Legal Practice Act:

Proposed amendment to rule 16.6 of Legal Practice Council: Comments invited

G 53142 GeN 3425

11 August 2025

APPLIES TO: 

Industries Directly Affected

1.     Legal Services Sector

·       Attorneys and Advocates: The rule governs how vacancies in Provincial Councils are filled, impacting representation and governance within the profession.

·       Candidate Legal Practitioners: Those in training or awaiting admission may be indirectly affected by changes in council composition and decision-making.

2.     Legal Regulatory Bodies

·       Provincial Councils: These bodies will need to adjust their procedures for filling vacancies based on the new rule.

·       Legal Practice Council (LPC): As the rule-making authority, the LPC’s operations and election management processes are directly impacted.

Entities Indirectly Affected

1.     Law Firms and Legal Departments

·       Changes in council composition could influence regulatory decisions, compliance expectations, and professional standards.

2.     Legal Education Institutions

·       Universities and training providers may need to update curriculum or guidance for students entering the profession.

3.     Government and Judiciary

·       While not directly governed by LPC rules, these sectors interact with legal practitioners and may be affected by shifts in professional governance.

4.     Corporate and Commercial Clients

·       Clients relying on legal services may experience indirect effects if regulatory changes influence practitioner availability or standards.

SUMMED UP

Key Proposed Changes

• If a vacancy arises in a Provincial Council:

• • The next eligible candidate from the last election (based on vote count and category—attorney or advocate) will be appointed.
  • If that candidate is unavailable, the LPC may hold a by-election, considering factors like time left in the council’s term.
  • The term of the replacement will end when the original member’s term would have ended.
  • The replacement member will be eligible for re-election.

FULL TEXT

DETAILS

LEGAL PRACTICE COUNCIL

NOTICE 3425 OF 2025

NATIONAL OFFICE

Building 10

Riverview Office Park

100 River View Park Street

Halfway Gardens

Midrand 1685

Tel: 010 001 8500

THE SOUTH AFRICAN LEGAL PRACTICE COUNCIL

NOTICE IN TERMS OF SECTION 95(1) & (4) OF THE LEGAL PRACTICE ACT, 28 OF 2014

Notice is hereby given of the Council’s intention to amend the Legal Practice Council Rules made in terms of section 95(1)(j), read with section 23(4), of the Legal Practice Act, 28 of 2014 (as amended) by amendment to rule 16.6:

Explanatory Note

Words in bold type square brackets [ ] indicate proposed deletions from the existing Rule.

Words in italics and underlined, with a solid line, indicate proposed insertions to the existing Rule.

Proposed Amendment to Rule 16.6 of the Legal Practice Council Rules.

16.6 Should a vacancy become available at the Provincial Council, the candidate who in the last election received the most electoral votes following a member of such a Provincial Council who received the least votes, and who falls within the same category set out in Schedule 1A (in the case of attorney members) or Schedule 1B (in the case of advocate members) as the departed member, shall be appointed to fill the vacancy, provided that if that person is not available to fill that vacancy, the Council shall have the discretion to conduct a by-election to fill the vacancy concerned, taking into account the time remaining in the Provincial Council’s term and other relevant factors. The term of office of the member appointed or elected as the case may be to fill a casual vacancy in the Provincial Council shall terminate on the date on which the office of the member replaced by him or her would have terminated, provided that the member appointed or

elected to fill such a casual vacancy shall be eligible for re-election.

In terms of section 95(4)(a) of the Legal Practice Act, interested persons are called upon to comment to the Council in writing on the draft amendment on or before the date below.

All comments must be sent by email to rules@lpc.org.za by no later than 5 September 2025.

Signed at Midrand on 28 July 2025.

ADV PG SELEKA SC

Chairperson: Legal Practice Council

LINK TO FULL NOTICE

Legal Practice Act: Proposed amendment to rule 16.6 of Legal Practice Council: Comments invited

G 53142 GeN 3425

11 August 2025

53142gen3425.pdf

ACTION

Ensure you submit your comments before 05 September 2025.

LAW AND TYPE OF NOTICE

Legal Practice Act:

Rules: Amendment: Comments invited

G 53131 GeN 3421

– Comment by 05 Sep 2025

08 August 2025

APPLIES TO: 

Industries Directly Affected

3.     Legal Services Sector

·       Attorneys and Advocates: The rule governs how vacancies in Provincial Councils are filled, impacting representation and governance within the profession.

·       Candidate Legal Practitioners: Those in training or awaiting admission may be indirectly affected by changes in council composition and decision-making.

4.     Legal Regulatory Bodies

·       Provincial Councils: These bodies will need to adjust their procedures for filling vacancies based on the new rule.

·       Legal Practice Council (LPC): As the rule-making authority, the LPC’s operations and election management processes are directly impacted.

Entities Indirectly Affected

5.     Law Firms and Legal Departments

·       Changes in council composition could influence regulatory decisions, compliance expectations, and professional standards.

6.     Legal Education Institutions

·       Universities and training providers may need to update curriculum or guidance for students entering the profession.

7.     Government and Judiciary

·       While not directly governed by LPC rules, these sectors interact with legal practitioners and may be affected by shifts in professional governance.

8.     Corporate and Commercial Clients

·       Clients relying on legal services may experience indirect effects if regulatory changes influence practitioner availability or standards.

FULL TEXT

DETAILS

LEGAL PRACTICE COUNCIL

NO. 3421 8 August 2025

NATIONAL OFFICE

Building 10

Riverview Office Park

100 River View Park Street

Halfway Gardens

Midrand 1685

Tel: 010 001 8500

THE SOUTH AFRICAN LEGAL PRACTICE COUNCIL

NOTICE IN TERMS OF SECTION 95(1) & (4) OF THE LEGAL PRACTICE ACT, 28 OF 2014

Notice is hereby given of the Council’s intention to amend the Legal Practice Council Rules made in terms of section 95(1)(j), read with section 23(4), of the Legal Practice Act, 28 of 2014 (as amended) by amendment to rule 16.6:

Explanatory Note

Words in bold type square brackets [ ] indicate proposed deletions from the existing Rule.

Words in italics and underlined, with a solid line, indicate proposed insertions to the existing Rule.

Proposed Amendment to Rule 16.6 of the Legal Practice Council Rules.

16.6 Should a vacancy become available at the Provincial Council, the candidate who in the last election received the most electoral votes following a member of such a Provincial Council who received the least votes, and who falls within the same category set out in Schedule 1A (in the case of attorney members) or Schedule 1B (in the case of advocate members) as the departed member, shall be appointed to fill the vacancy, provided that if that person is not available to fill that vacancy, the Council shall have the discretion to conduct a by-election to fill the vacancy concerned, taking into account the time remaining in the Provincial Council’s term and other relevant factors. The term of office of the member appointed or elected as the case may be to fill a casual vacancy in the Provincial Council shall terminate on the date on which the office of the member replaced by him or her would have terminated, provided that the member appointed or elected to fill such a casual vacancy shall be eligible for re-election.

In terms of section 95(4)(a) of the Legal Practice Act, interested persons are called upon to comment to the

Council in writing on the draft amendment on or before the date below.

All comments must be sent by email to rules@lpc.org.za by no later than 5 September 2025.

Signed at Midrand on 28 July 2025.

LINK TO FULL NOTICE

Legal Practice Act: Rules: Amendment: Comments invited

G 53131 GeN 3421

– Comment by 05 Sep 2025

08 August 2025

53131gen3421.pdf

ACTION

Ensure you submit your comments before 05 September 2025.

LIQUOR

LAW AND TYPE OF NOTICE

Liquor Act:

Regulations: Amendment: Comments invited

G 53136 RG 11861 GoN 6492

– Comment by 07 Sep 2025

08 August 2025

APPLIES TO: 

 Industries Directly Affected

1.     Liquor Manufacturers

·       Must comply with stricter registration requirements.

·       Need zoning certificates, police clearance, tax clearance, and B-BBEE verification.

·       Subject to inspections and record-keeping obligations.

2.     Liquor Distributors

·       Must operate within regulated trading hours (09h00–18h00, Monday to Saturday; no distribution on Sundays).

·       Required to maintain detailed records of sales and delivery destinations.

·       Must comply with invoice and delivery documentation standards.

3.     Retailers (Indirectly, via Provincial Regulation)

·       Although retail is regulated provincially, national regulations may influence supply chain and compliance expectations.

Industries Indirectly Affected

4.     Hospitality Sector

·       Hotels, restaurants, bars, and event venues depend on compliant distributors and manufacturers.

·       May face supply disruptions or pricing changes due to regulatory compliance costs.

5.     Transport & Logistics

·       Companies involved in liquor delivery must ensure compliance with documentation and delivery location rules.

6.     Legal & Consulting Services

·       Increased demand for legal advice and compliance consulting related to licensing, registration, and inspections.

7.     Municipal Planning & Zoning

·       Municipalities play a role in issuing zoning certificates and consent letters for liquor-related businesses.

8.     Financial Services

·       Banks and accountants may be involved in verifying financial interests and handling application fees.

9.     Security & Background Check Services

·       Required to provide police clearance certificates for applicants.

10.   Corporate Services

·       Companies must provide documentation from the Companies and Intellectual Property Commission (CIPC) and SARS.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Liquor Act: Regulations: Amendment: Comments invited

G 53136 RG 11861 GoN 6492

– Comment by 07 Sep 2025

08 August 2025

53136rg11861gon6492.pdf

ACTION

Ensure that you submit your comments before 07 September 2025

MEDICAL

LAW AND TYPE OF NOTICE

Pharmacy Act: Fees payable to Council

G 53131 BN 818

– Comment by 07 Sep 2025

08 August 2025

APPLIES TO: 

1.     Pharmacies – Retail and institutional pharmacies that are registered with or regulated by the South African Pharmacy Council.

2.     Pharmaceutical Companies – Manufacturers, distributors, and wholesalers of pharmaceutical products operating under the Pharmacy Act 53 of 1974.

3.     Healthcare Institutions – Hospitals, clinics, and other facilities that maintain in-house pharmacies or pharmaceutical services.

4.     Educational Institutions – Universities and colleges offering pharmacy programs that may be subject to council fees.

5.     Regulatory and Compliance Entities – Organizations involved in regulatory affairs or compliance within the pharmaceutical sector.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Pharmacy Act: Fees payable to Council

G 53131 BN 818

– Comment by 07 Sep 2025

08 August 2025

53131bn818.pdf

ACTION

Ensure that you submit your comments before 07 September 2025.

PETROLEUM

LAW AND TYPE OF NOTICE

Petroleum Products Act:

Regulated biofuels price

G 53146 GoN 6499

12 August 2025

LINK TO FULL NOTICE

Petroleum Products Act: Regulated biofuels price

G 53146 GoN 6499

12 August 2025

5314gon6499.pdf

ENERGY ARTICLES

SOUTH AFRICA

Building owners in South Africa have five months to get a new certificate – or face jail time and millions in fines

Building owners in South Africa have only five more months to register for new energy performance certificates by the 7 December 2025 deadline.

Regulations introduced in 2020 mandated non-residential buildings in South Africa to display an Energy Performance Certificate (EPC), or have building owners risk imprisonment, a fine, or both if they fail to comply.

The regulations, initiated under the National Energy Act 34 of 2008, require government and publicly owned buildings with an area of 1,000 square metres to display the EPC.

Privately owned non-residential properties with an area larger than 2,000 square metres are required to display the certificate.

The regulations also apply to any non-residential buildings and government buildings which have a dominant occupancy classification as:

• Offices;
• Entertainment;
• Public assembly;
• Theatrical;
• Indoor sport; or
• Places of instruction.

The regulations initially required all qualifying buildings to be registered by 7 December 2022, but the then-Department of Mineral Resources and Energy extended the deadline to December 2025.

Deputy Minister of Electricity and Energy, Samantha Graham-Maré, issued a reminder of the looming deadline.

She also noted that over 7,000 public and private buildings have registered for the certificate, well ahead of the deadline.

Since its launch in December 2020, 7,113 government buildings have registered, and 3,884 EPCs have been issued.

The department noted that the certificate is part of the government and the South African Energy Development Institute’s (Sanedi) drive for energy efficiency in South Africa.

The purpose of an EPC is to gauge a building’s energy efficiency. This is done by assigning a score from A to G – with A being extremely efficient and G the least efficient possible.

A notable drawback of the EPC is that it is only valid for five years, and buildings must be assessed again by an accredited inspection body to obtain a new certificate.

However, the department stressed that the admin is required to ensure that buildings become more energy efficient.

It said an EPC is designed to help building owners and accounting officers identify areas to improve energy efficiency and reduce greenhouse gasses and emissions.

The certificates serve as regulatory tools/instruments targeting inefficient buildings, encouraging their transformation into energy-efficient buildings.

Graham-Maré said large building owners in the country need to prioritise the registration process as there are only five months left before the deadline.

“We aim to reach 60,000 registrations by the closing date. I am working with the Minister of Public Works and Infrastructure, Dean McPherson, and will also be working with premiers and mayors to ensure that this issue gets immediate attention,” she said.

“I urge all building owners, both public and private, to adopt and implement alternative and energy-saving methods. We need to be creative and innovative so that we save on energy.”

If a building fails to display an EPC, the building owners or the presiding accounting officer will be in violation of the law and could be fined up to R5 million, face five years in prison, or both.

ENVIRONMENTAL ARTICLES

SOUTH AFRICA

Draft Carbon Budget Regulations: What South African businesses need to know

On 1 August 2025, the Department of Forestry, Fisheries and the Environment (“DFFE”) released two companion instruments under the new Climate Change Act, 2024:

1.     the Draft National Greenhouse Gas Carbon Budget and Mitigation Plan Regulations (“Regulations”); and

2.     the Draft Technical Guidelines which explain how those Regulations will work in practice (“Technical Guidelines”).

Together they set out South Africa’s first mandatory carbon-budgeting system. Affected companies will be expected to register, calculate a company-level carbon budget, prepare a mitigation plan, and report every year from the first commitment period, which begins on 1 January 2026. The public consultation window is open from 1 August 2025 to 30 September 2025.

The draft Regulations create legal obligations: they identify the corporate “data providers” that will receive compulsory carbon budgets; prescribe the contents of mitigation plans; set out reporting, verification, and enforcement rules; as well as stipulate offences and penalties. On the other hand, the draft Technical Guidelines are the “how-to” manual. They unpack the methodologies for allocating budgets, detail validation and verification procedures, and provide step-by-step templates for registration, monitoring, and annual progress reports. Reading one without the other gives only half the picture.

The draft list of activities is quite broad, capturing the main carbon-intensive sectors of the economy. Among others, it includes coal mining; oil and gas production (including petroleum refining and synthetic fuels); electricity generation from fossil fuels; cement; glass; bricks and other non-metallic minerals; food and beverage manufacturing (including sugar); as well as general mining and quarrying.

Each activity is defined with reference to specific thresholds, ensuring that only significant emitters are captured. The draft Regulations also specify which greenhouse gases are covered, extending beyond carbon dioxide to include methane, nitrous oxide, and certain fluorinated gases. This comprehensive approach reflects the diverse sources of emissions and the need for a broad-based response.

When an organisation is identified as conducting a listed activity, it becomes subject to the draft Regulations, under which the competent authority sets sector-specific carbon budgets that cap permissible emissions for each reporting period:

• the organisation must then measure and disclose its emissions for each period in line with the prescribed methodologies, ordinarily on an annual basis unless varied by the Regulations; and
• have its reports independently verified.

Enforcement mechanisms are available to the DFFE to secure compliance and maintain the integrity of the system.

The Technical Guidelines set out a tiered, “top-down” approach for allocating carbon budgets. Ideally, product-level emission benchmarks are used, multiplying a company’s projected output by a set benchmark to determine its allowance. If benchmarks are unavailable, a mitigation potential analysis identifies feasible emission reductions, which are then subtracted from the company’s historical baseline. As a last resort, a fixed percentage reduction is applied to past emissions, aligned with national and sectoral targets. Regardless of the method, each company receives a five-year carbon allowance, traceable to individual facilities, with the first period covering 2026–2030 and subsequent periods becoming progressively stricter. A mitigation plan is a board-approved blueprint detailing emission sources, baselines, specific reduction measures, quantification methods, and timelines for meeting the carbon budget.

In terms of the draft Regulations, reporting is undertaken on a calendar-year basis, with data providers required each March to upload two linked progress reports: a carbon-budget compliance statement comparing actual Scope 1 emissions against each facility’s annualised allowance, and an update on the implementation of every mitigation measure. Independent validation and verification are scheduled three times within each commitment period: at inception to review the budget and plan, at any time upon the competent authority’s request, and at the end of the commitment period. Failure to comply constitutes a criminal offence and attracts higher carbon-tax rates on excess emissions.

With the draft Regulations and Technical Guideline now open for public comment, there is a valuable opportunity for businesses and other stakeholders to shape the final regime. The implications for affected organisations are significant, ranging from new compliance obligations to potential reputational impacts. Early engagement can help ensure that the Regulations are workable, proportionate, and aligned with business realities.

Reviewing the draft, preparing informed submissions, and developing tailored compliance strategies can help organisations affected by the Draft Carbon Budget Regulations to align with future requirements and demonstrate a shift toward a low-carbon economy.

Fortune Shanduka

ENSafrica

IMPORT AND EXPORT ARTICLES

SOUTH AFRICA

Draft Block Exemption for the Promotion of Exports, 2025 – Public comments invited

On 12 August 2025, the Minister of Trade, Industry and Competition, Mr Mpho Parks Tau, published the Draft Block Exemption for the Promotion of Exports, 2025 for public comment under the Competition Act, 89 of 1998 (the “Act”).

The proposed regulations aim to mitigate the economic impact of increased tariffs and strengthen the resilience and growth of South African exports by exempting certain collaborative agreements and practices in export markets from sections 4(1)(a), 4(1)(b)(i), 4(1)(b)(ii) and 5(1) of the Act.

The exemption is limited to qualifying conduct related to export markets and comes at a critical time as the recently imposed 30% US tariffs threatens to erode South Africa’s export revenues and place tens of thousands of jobs at risk. By enabling certain forms of collaboration between exporters, the exemption aims to avert severe economic harm, safeguard employment and maintain a balanced trade relationship.

Key proposed exemptions include coordination on:

• Achieving economies of scale and efficiencies in export markets;

• Sharing or offsetting landed costs;

• Joint financing and development of export infrastructure;

• Sharing export-related market information;

• Sharing shipment, storage, inspection, freight, insurance and other logistics costs;

• Collective marketing of South African goods;

• Joint negotiation of export protocols and compliance with quality standards.

HDP and SMME participation

Historically disadvantaged persons and small, medium and micro enterprises at all value chain levels must be given an opportunity to opt-in to any agreement or practice (including the negotiation of same) under this exemption.

Exclusions

Market allocation of goods and services sold to end customers, collusive tendering for goods and services intended for sale to end customers, resale price maintenance of goods and services to end customers, and merger transactions are excluded from the exemption.

Safeguards and procedures

Firms must seek prior written confirmation from the Competition Commission (the “Commission”) that their agreement/practice falls within the exemption before implementation.

The Commission has 30 business days to decide (extendable by a further 30 days).

Duration

The exemption will run for five years from the date of publication, with possible extension by the Minister.

Written submissions are due within 15 business days of publication to Dr Ivan Galodikwe at IGalodikwe@thedtic.gov.za.

To view the full draft exemption, click here.

Richardt van Rensburg

ENSafrica

TRADEMARK ARTICLES

SOUTH AFRICA

Update on the never-ending Tammy Taylor Dispute

As discussed in a previous article relating to the Tammy Taylor trade mark saga, Peet and Melanie Viljoen’s continued use of the Tammy Taylor name, despite the expiration of their license, has led to legal action and an escalating conflict that highlights key issues in Intellectual Property (“IP”) law.

What’s happened since then?

On 25 April 2024, the court ordered the Viljoens to immediately cease using the Tammy Taylor trade mark, an order that has reportedly not been respected, as they are still using the mark, despite a lawyer having notified them of the infringement. The Viljoens have filed for an appeal, but their continued actions are raising serious legal concerns.

As previously mentioned, Peet Viljoen’s claims regarding ownership of the Tammy Taylor trade marks were inconsistent with the official trade mark register, which clearly shows the US-based Tammy Taylor Nails Inc. as the rightful owner, not the Viljoens.

Despite the Viljoens’ arguments, including Peet’s claim of a “Provisionally Refused” status for trade marks, the legal position remains clear: ownership is not determined by provisional refusals but by assignment and registration, which in this case, was transferred to the US parent company Tammy Taylor Nails Inc. long before the dispute escalated. Interestingly, the trade mark referenced in my post below has since been abandoned, but some trade marks have been registered in the name of the US parent company, while trade marks filed by Melany’s company reflect a status of provisionally refused.

The Court’s Decision

The court reaffirmed this stance by ordering the Viljoens to cease using the Tammy Taylor name, highlighting that the Viljoens are infringing on the registered trademarks and are potentially damaging the brand’s reputation.

What’s at stake?

The case is now a critical example of how the Trade Marks Act and international IP law can protect against unauthorised use of a brand, even when the dispute spans across borders. Infringing on a trade mark or a well-known trade mark can result in heavy penalties, including damages (or a royalty) and the removal of infringing materials from all platforms.

Key Takeaway

The court’s ruling is a crucial reminder of the importance of respecting intellectual property rights and the legal implications for businesses that continue using trade marks without proper authorisation. This is a case to watch closely as it unfolds, especially for those navigating trade mark ownership and licensing issues. It will be interesting to review the court papers and the full decision, especially to see if the Tammy Taylor mark was recognised as a well-known mark, and whether this played a significant role in the court’s findings.

Dr Bernard Dippenaar

ENSafrica

ZAMBIA

Zambia Mandates Online Trade Mark Filing

From 1 July 2025, Zambia’s Patents and Companies Registration Agency (PACRA) requires all new trade mark applications to be filed through its newly launched online platform. The move marks a significant step in modernising the country’s IP administration and improving access for both local and international applicants.

The platform is designed to enhance efficiency, accelerate examination timelines, and increase transparency in application management. Practitioners can now submit filings remotely, track progress online, and benefit from a more predictable registration process.

This development reflects a wider trend towards digital transformation in African IP offices, improving procedural certainty for rights holders and aligning national systems with international best practices.