AGRICULTURAL

LAW AND TYPE OF NOTICE

AGRICULTURAL PRODUCT STANDARDS ACT:

Inspection fees for 2026 for inspections of fresh fruits and vegetables

G 54268 GoN 7190

06 March 2026

APPLIES TO:   

Any organization involved in the

• importation,
• wholesale trade,
• retail sale, or
• handling

of regulated fresh fruits, vegetables, and potatoes

SUMMARY

The Department of Agriculture, Land Reform and Rural Development has approved the 2026 inspection fees submitted by the designated assignee PROKON for the regulation of fresh fruits, vegetables, and potatoes. These fees apply for a 12‑month period starting 1 April 2026.

The approved fee schedule covers four main categories:

1. Imported regulated fresh fruits and vegetables

Inspection fees apply at all ports of entry and designated inspection points. Rates vary by time of inspection (normal hours, overtime, Sundays, and public holidays).

2. Retail inspections

All regulated fresh fruits and vegetables inspected in retail trade are billed at an hourly rate, with additional travel costs per kilometre.

3. Wholesale market inspections

Inspections conducted at wholesale markets are billed per kilogram of product.

4. Fresh potatoes

Regulated fresh potatoes have a standard fee per kilogram, aligned with wholesale rates.

All fees noted in the notice exclude VAT.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. 7190 6 March 2026

AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990)

INSPECTION FEES FOR 2026 BY THE DESIGNATED ASSIGNEE, PROKON

1. The Executive Officer: Agricultural Product Standards considered comments received from all affected parties on the business plan and budget submitted by the assignee for fresh fruits and vegetables, namely PROKON, in terms of section 3(1B)(c) of the Agricultural Product Standards Act 119 of 1990 as amended.

2. Consequently, the Executive Officer of Agricultural Product Standards has approved the business plan and budget, determining that the following inspection fees will be effective for a period of 12 months

• Annexure A – All imported regulated fresh fruits and vegetables.
• Annexure B – All regulated fresh fruits and vegetables whose inspection is conducted in retail trade.
• Annexure C – All regulated fresh fruits and vegetables whose inspection is conducted at wholesale markets.
• Annexure D – All regulated fresh potatoes.

3. The inspection fees shall come into operation with effect from 01 April 2026.

BILLY MALOSE MAKHAFOLA

EXECUTIVE OFFICER: AGRICULTURAL PRODUCT STANDARDS

CLICK HERE TO VIEW THE FULL NOTICE:

AGRICULTURAL PRODUCT STANDARDS ACT: INSPECTION FEES FOR 2026 FOR INSPECTIONS OF FRESH FRUITS AND VEGETABLES

G 54268 GON 7190 06 MARCH 2026 

LINK TO FULL NOTICE

Agricultural Product Standards Act: Inspection fees for 2026 for inspections of fresh fruits and vegetables

G 54268 GoN 7190

06 March 2026

54268gon7190.pdf

ACTION

1. Update Internal Budgets and Cost Models

PROKON’s new inspection fees take effect on 1 April 2026, so all affected business units should:

• Update cost forecasts for imports, retail inspections, wholesale operations, and potato handling.
• Factor in overtime rates, standard time fees, and the kilometre travel charge.

2. Apply the Correct Fee Structure Based on Operational Channel

Ensure your teams classify produce correctly for the fee category:

• Annexure A: Imported produce
• Annexure B: Retail trade inspections
• Annexure C: Wholesale market inspections
• Annexure D: Fresh potatoes (per kg)

This helps prevent billing disputes and ensures accurate budgeting.

3. Adjust Import and Logistics Planning

Because imports are subject to time‑sensitive fees at ports of entry:

• Schedule inspections within normal operating hours to avoid higher overtime fees where possible.
• Brief logistics teams about cost implications of weekend or public holiday inspections.

4. Update Supplier, Agent, and Customer Contracts (if applicable)

Where your organization absorbs or passes on inspection fees:

• Update pricing schedules to reflect the new statutory inspection fee structure.
• Communicate changes to suppliers, retailers, distributors, and market agents.

5. Ensure Correct VAT Treatment

The notice states that all fees exclude VAT.

• Finance teams must apply VAT correctly on all PROKON inspection invoices.

6. Train Internal Teams on the New Fees

Inform relevant departments:

• Imports & customs
• Retail operations
• Wholesale market management
• Fresh produce buyers
• Finance & accounts payable

This ensures the organization is inspection‑ready and avoids non‑compliance with inspection requirements.

7. Confirm Operational Readiness with PROKON

Since PROKON is the designated assignee:

• Confirm any procedural changes related to booking, inspection timing, and documentation.
• Ensure updated PROKON fee schedules are logged in procurement or ERP systems.

8. Maintain Evidence for APS Act Compliance

The Agricultural Product Standards Act requires regulated inspections.

To remain compliant:

• Keep copies of inspection certificates, invoices, and proof of payment.
• Ensure internal audit trails reflect adherence to the new fee structure.

LAW AND TYPE OF NOTICE

CONSERVATION OF AGRICULTURAL RESOURCES ACT AND SUBDIVISION OF AGRICULTURAL LAND ACT:

Revised tariffs, rates and scales for goods and services

G 54268 GoN 7192

06 March 2026

APPLIES TO:   

Any organization involved in

•        using,

•        managing,

•        subdividing,

•        developing, or

•        conserving agricultural land

will be affected by this notice—including

•        farmers,

•        landowners,

•        agribusinesses,

•        developers,

•        environmental bodies, and

•        consultants.

SUMMARY

1. Conservation of Agricultural Resources Act (CARA)

Key updates:

• Appeal fee: R1 608.00 per appeal.
• Application fee: R514.00 for applications lodged under CARA.
• Weed control subsidy: Farmers pay 50% of the average cost of herbicides used to control Opuntia and Nasella species.
• Penalties:
  • First contravention: R102 800.00
  • Second/subsequent contraventions: R205 600.00

2. Subdivision of Agricultural Land Act (SALA)

Key updates:

• Appeal fee: R20 560.00 per appeal.
• Application fee: R1 028.00 for SALA applications.
• Penalty for non‑compliance with approval conditions: R51 400.00

3. Purpose of the Notice

The notice informs institutions, organizations, and individuals who must comply with CARA and SALA of updated tariffs for:

• Applications and appeals
• Penalties for unlawful or unauthorized activities
• Subsidies for controlling certain invasive species
• Regulatory processes linked to land and soil management

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. 7192 6 March 2026

GENERAL NOTICE

DEPARTMENT OF AGRICULTURE (DOA)

REVISED TARIFFS, RATES AND SCALES FOR THE GOODS AND SERVICES PROVIDED BY THE DEPARTMENT IN TERMS OF THE CONSERVATION OF AGRICULTURAL RESOURCES ACT (CARA), ACT NO. 43 OF 1983 AND SUBDIVISION OF AGRICULTURAL LAND ACT (SALA), ACT NO. 70 OF 1970

NOTICE FOR PUBLIC

I, John Henry Steenhuisen, Minister for Agriculture hereby give notice to all interested institutions, organizations, and individuals on the revised tariffs for services rendered in terms of the Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983 and Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970.

Key revision includes:

Updating and new tariffs for the goods, services or supplies rendered under the Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983 and Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970 legislations.

1. Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983

1.1 Appeal tariff applicable from 1 April 2026 is R 1 608.00 per appeal.

1.2 50% of average cost of herbicide for control of listed species of the genus Opuntia and Nasella by farmers

1.3 Application fee for all the applications lodged in terms of Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983, effective from 1 April 2026, is R 514.00.

1.4 Penalties for unauthorized / unlawful activities for all CARA, Act No. 43 of 1983 Regulations, effective from 1 April 2026, the land user or offender will be liable for a fine of R 102 800.00 for a first contravention of the Act and its Regulations. For a second or subsequent contraventions of the Act and its Regulations, the land user or offender will be liable for a fine of R 205 600.00.

2. Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970

2.1 Appeal tariff applicable from 1 April 2026 is R 20 560.00 per appeal.

2.2 Application fee for all the applications lodged in terms of Subdivision of Agricultural Land Act, Act 70 of 1970, effective from 1 April 2026, is R1 028.00.

2.3 Non-compliance to conditions of approval in terms of the Subdivision of Agricultural Land Act, Act 70 of 1970, effective from 1 April 2026, is R 51 400.00.

For more information, please contact the Executive Officer for the Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983 and Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970, using the details below:

Attention: The Acting Director: Land and Soil Management, Attention Mr R.K. Mampholo.

Post to: Private Bag X 120, Pretoria, 0001; or

Deliver To: 20 Steve Biko Street, Acadia, PRETORIA.

or Enquiries in relation to Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983, may be emailed to: MpumeN@nda.gov.za or alternatively (012) 319 7567.

or Enquiries in relation to Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970, may be emailed to: AnnelizaC@nda.gov.za or alternatively (012) 319 7508.

CLICK HERE TO VIEW THE REVISED TABLES

CONSERVATION OF AGRICULTURAL RESOURCES ACT AND SUBDIVISION OF AGRICULTURAL LAND ACT: REVISED TARIFFS, RATES AND SCALES FOR GOODS AND SERVICES

G 54268 GON 7192 06 MARCH 2026 

LINK TO FULL NOTICE

Conservation of Agricultural Resources Act and Subdivision of Agricultural Land Act: Revised tariffs, rates and scales for goods and services

G 54268 GoN 7192

06 March 2026

54268gon7192.pdf

ACTION

1. Update All Fees, Tariffs, and Penalty Schedules

Organizations must update their internal systems to reflect the following new charges effective 1 April 2026:

• CARA appeal fee: R1 608.00
• CARA application fee: R514.00
• SALA appeal fee: R20 560.00
• SALA application fee: R1 028.00

Penalties (CARA):

• First offence: R102 800.00
• Second/subsequent: R205 600.00

Penalty (SALA non‑compliance):

• R51 400.00

These must be incorporated into administrative, budgeting, and compliance systems.

2. Ensure Correct Fee Application for CARA and SALA Processes

Any organization lodging applications or appeals under either Act must apply the new tariff schedule from 1 April 2026.

This includes:

• Land subdivision applications (SALA)
• Conservation or land‑use applications (CARA)

3. Strengthen Controls to Prevent Unlawful or Unauthorized Activities

Because CARA penalties have significantly increased, land users must:

• Avoid unauthorized land use, vegetation clearing, soil disturbance, or other controlled actions.

• Ensure all CARA‑regulated activities are approved before execution.

4. Review Existing SALA Approvals and Conditions

Given the new penalty for non‑compliance:

• Organizations must review all existing SALA approval conditions to ensure ongoing compliance.
• Non‑compliance now attracts a fine of R51 400.00 from 1 April 2026

5. Implement Proper Weed Control Measures (CARA)

CARA’s weed control scheme continues to subsidize 50% of the average herbicide cost for controlling listed Opuntia and Nasella species.

Land users and farmers must:

• Identify regulated invasive species on their land.
• Apply appropriate herbicide control measures.
• Maintain proof of herbicide purchases to utilize the subsidy.

6. Update Contracts and Advisory Documentation

Consultants, environmental practitioners, developers, and farmers must update:

• Application cost schedules
• Feasibility studies
• Development proposals
• Client contracts involving CARA/SALA processes

So that all pricing aligns with the revised tariffs.

7. Train Internal Teams on the New Legal Requirements

Affected teams may include:

• Land management
• Environmental compliance
• Agricultural operations
• Legal and planning divisions
• Consultants and project managers

They must be briefed on:

• New fees
• New penalties
• Updated application processes

8. Prepare for Audits and Maintain Documentation

Organizations should:

• Keep detailed records of all applications, appeals, and compliance actions.
• Maintain evidence for weed control and land‑use decisions.
• Document all communication with the Department of Agriculture regarding CARA or SALA.

LAW AND TYPE OF NOTICE

AGRICULTURAL PRODUCT STANDARDS ACT

AND

PERISHABLE PRODUCTS EXPORT CONTROL ACT:

Statutory fees on perishable products

G 54268 BN 890

06 March 2026

APPLIES TO:   

• Exporters of perishable products
• Producers, farmers, packhouses supplying exports
• Cold stores and refrigerated transport operators
• Shipping lines, vessel operators, air cargo handlers
• Freight forwarders and logistics companies
• Food processors and agri-processing firms
• Laboratories and food safety service providers
• Compliance and quality assurance consultants

SUMMARY

Board Notice 890 of 2026 updates and imposes new statutory levies, inspection fees, laboratory testing charges, and service tariffs applicable from 1 April 2026 on all perishable products exported from South Africa.

FULL TEXT

DETAILS

Please click here to view the Statutory Fee (Levies) tables:

Agricultural Product Standards Act and Perishable Products Export Control Act: Statutory fees on perishable products

G 54268 BN 890 06 March 2026

LINK TO FULL NOTICE

Agricultural Product Standards Act and Perishable Products Export Control Act: Statutory fees on perishable products

G 54268 BN 890

06 March 2026

54268-bn890.pdf

ACTION

1. Apply the Updated Statutory Export Levies (Effective 1 April 2026)

Exporters must implement the new PPECB levies for:

• Sea shipments (break-bulk, containerised, cold treatment, RMT, etc.)
• Air-freighted perishables
  These updated levies are mandatory for all perishable products exported from South Africa.

2. Ensure PPECB Inspection Fees Are Budgeted and Paid

Organizations must comply with updated inspection rates for:

• Cleanliness inspections
• Technical inspections
• Full inspections
• After‑hours callouts

Failure to use the correct updated tariff may delay export certification.

3. Comply With Mandatory Agricultural Product Standards (APS) Inspections

Because PPECB is an assignee under the APS Act, exporters of regulated products (fruit, vegetables, dairy, nuts, grains, eggs, etc.) must pay the updated per‑unit inspection fees listed in the notice.

4. Update Contracts, Price Lists, and Export Costings

All exporters, packhouses, and logistics providers must update:

• Export pricing models
• Client quotations
• Service-level contracts
• Internal costing systems

to reflect new PPECB levies and laboratory fees.

5. Ensure Registered Cold Stores & RMT Fleets Are Inspected and Certified

Entities operating cold stores or refrigerated trucks must undergo PPECB inspection and pay updated fees for:

• Registration of refrigerated road motor transport (RMT)
• Cold store inspections
• Temperature logger calibration

6. Adjust Operational Planning for Hourly and Kilometre Rates

Exporters and logistics operators must account for revised:

• Normal hours
• Overtime
• Sunday/public holiday rates
• Kilometre travel rates

These affect all PPECB services performed outside standard tariff coverage.

7. Use Updated Laboratory Testing Fees for Export Certification

Anyone submitting samples for export compliance (e.g., mycotoxins, pesticide residues, dairy analysis, fats/oils) must apply the new PPECB laboratory tariffs. These fees are required for food safety verification before export.

8. Maintain Full VAT Compliance

All PPECB fees exclude VAT, which must be added at the SARS‑prescribed 15% rate.

Organizations must adjust their accounting systems to ensure correct VAT application.

9. Ensure Internal Teams Understand the New Tariff Structure

Teams that must be briefed include:

• Export operations
• Packhouse management
• Quality assurance
• Finance and billing
• Logistics and freight coordination

These groups must work from the updated statutory fee schedule from 1 April 2026.

10. Keep Administrative Records for Audits and Certification

Because PPECB may charge hourly/km rates when unit fees do not cover costs, exporters must:

• Document all service requests
• Maintain invoices and records
• Track inspection times and callout conditions

to avoid disputes or delays.

CITIZENSHIP AND IMMIGRATION

LAW AND TYPE OF NOTICE

Constitution of the Republic of South Africa:

White Paper on Citizenship, Immigration and Refugee Protection: Revised: Comments invited

G. 53853 GoN 6947

– Comment by 31 Jan 2026

12 December 2025

APPLIES TO: 

All Organizations

SUMMARY

1. Purpose of the Revised White Paper

The revised policy aims to create a modern, secure, and efficient migration and citizenship system by addressing gaps in current law and integrating:

• Cabinet’s 2024 policy direction
• Operation Vulindlela recommendations
• Digital transformation priorities (Digital ID, Intelligent Population Register)
• International law compliance and diplomatic considerations

It maintains South Africa’s constitutional obligations while redesigning systems to prevent abuse, strengthen national security, and support economic growth.

2. Key Policy Areas and Reforms

A. Citizenship Reforms

Major citizenship reforms include:

• Merit‑based naturalisation via a points-based system (PBS) based on skills, investment, and social contribution.
• Structured non‑economic pathways (spouses, children, refugees) with a 5‑year PR requirement before applying for citizenship.
• Revised statelessness rules, enabling stateless children born in SA to apply for citizenship subject to determination processes.
• Citizenship Advisory Panel to vet and recommend applications.
• Dual citizenship protections aligned with Constitutional Court rulings.
• Updated rules for loss and restoration of citizenship, ensuring citizens by birth cannot lose citizenship except by voluntary renunciation.

B. Civil Registration Reforms (Population Register & Digital ID)

The White Paper introduces an Intelligent Population Register (IPR) to replace the outdated National Population Register. Key reforms include:

• Mandatory digital birth and death registration for all persons in South Africa, regardless of legal status.
• Biometric capture for all newborns and for foreigners.
• Registration of births and deaths at hospitals before discharge/removal.
• Prohibiting burials without a registered death.
• Better regulation and oversight of funeral undertakers.

These reforms aim to eliminate the “scandal of invisibility,” where births and deaths go unrecorded.

C. Immigration Policy Reforms

The revised immigration framework includes major overhauls:

• New visa types:
  • Remote‑work visa
  • Start‑up visa
  • Sector-based work visas (replacing corporate visas)
  • Sports and Arts visas
• Skilled Worker Visa: merges Critical Skills + General Work visas into a single, PBS‑adjudicated visa.
• Investment‑linked residence replacing financially independent PR permits.
• Reform of retirement visas (age 55+ with revised financial thresholds).
• Family visa reforms: combining sections 18(1) and 11(6) so spouses can work and study.
• Digital transformation: full adoption of Electronic Travel Authorisation (ETA) for all visa categories in the future.

Permanent residency will shift from time‑based eligibility to merit‑based, quota-controlled approvals aligned with national labour needs.

D. Refugee Protection Reforms

South Africa will not withdraw from the 1951 Refugee Convention or the 1969 OAU Convention after legal and diplomatic analysis. Instead, it will:

• Implement the First Safe Country Principle, rejecting asylum claims from applicants who passed through safe transit countries.
• Digitise asylum processing at ports of entry, including virtual applications.
• Consolidate refugee appeals structures into a single Home Affairs Administrative Review/Appeals Authority.
• Issue Section 22 asylum visas with conditions aligned to the applicant’s needs (work only / study only etc.).
• Introduce stricter permanent residency requirements for refugees under the PBS.

The goal is to protect genuine refugees while reducing abuse of the asylum system.

3. Institutional and Systems Reforms

The White Paper creates or strengthens:

• Immigration Advisory Board
• Home Affairs Appeals/Review Authority
• Specialised Immigration Courts for faster dispute resolution
• Digital ID and biometrics integration
• Anti‑smuggling and trafficking provisions, including long‑term visas for cooperating state witnesses

These measures aim to eliminate corruption, reduce backlogs, and ensure uniform, transparent decision‑making.

4. Overall Impact

If implemented, the reforms will

• Modernise the entire migration ecosystem
• Strengthen border management and national security
• Support economic growth through structured skilled migration
• Improve civil registration and identity management
• Enhance refugee and asylum processing fairness and efficiency
• Align South Africa’s migration system with global best practice

The White Paper explicitly states reforms will not apply retrospectively to those already legally in the country.

What the Draft Revised White Paper Means for Employers

Although this is a policy paper (not yet law), it signals major upcoming changes to immigration, visas, employment of foreign nationals, and identity management systems. Employers—especially those who hire foreign nationals—will experience operational, HR, compliance and recruitment impacts.

Below are the practical implications.

1. New Visa Categories Will Change Recruitment Strategies

The White Paper proposes major changes to visa types, including:

✔ Skilled Worker Visa (replacing Critical Skills & General Work visas)

A new consolidated visa category will be introduced and adjudicated via a Points-Based System (PBS) based on skills, qualifications, economic contribution and labour market need.

Impact on employers:

• You will need to meet stricter justification and documentation requirements when hiring foreign nationals.
• Job offers, labour market testing and compliance with tax and employment laws will become more important.
• Recruitment pipelines for scarce skills may become more predictable—but also more administratively heavy.

✔ Sectoral Visas for Short-Term & Seasonal Work

Corporate visas will be replaced with sector-based visas for industries relying on low-skilled or seasonal workers.

Impact:

• Sectors such as agriculture, security, hospitality, construction, and domestic services will have new rules for bringing in low-skilled workers.

✔ Remote Work, Start-up, Investment, Sports & Arts Visas

These additions support new forms of employment and foreign engagement.

Impact:

• Employers may gain new channels to attract global talent.
• Compliance and verification requirements will increase due to digital vetting.

2. “Trusted Employer Scheme” (TES) – Higher Standards, Faster Processing

The White Paper incorporates the Trusted Employer Scheme, intended to pre-approve compliant employers for faster work visa processing.

Impact:

• Employers with strong HR, tax, and compliance systems will benefit from expedited applications.
• Non-compliant employers may be excluded, delaying their ability to hire foreign talent.

3. Stricter Compliance, Oversight and Enforcement

The DHA proposes major enforcement changes:

✔ Reintroduction of Administrative Fines for Overstayers

The department will replace automatic bans with significant monetary fines when a foreign employee overstays a visa.

Impact:

• Employers must closely monitor foreign employees’ visa status and expiry dates.
• HR departments will require stronger immigration compliance controls.

✔ Stronger sanctions for employing undocumented migrants

The DHA emphasizes combatting illegal immigration and asylum abuse. Employers may face:

• Higher penalties
• More labour inspections
• Stricter verification of identity and work authorization

4. Digital Transformation: Identity Verification Will Become Mandatory

The White Paper introduces:

✔ Intelligent Population Register (IPR)

A digital identity system containing biometric data for all persons, including foreign nationals.

Impact for employers:

• Expect real-time digital verification of IDs, visas and work status.
• Reduction in fraudulent documents—but higher compliance expectations.
• Possible requirement to integrate employer HR systems with DHA digital platforms (similar to SARS eFiling or UIF portals).

5. Stricter Controls on Asylum Seekers & Refugees

The White Paper will:

• Enforce the First Safe Country Principle.
• Digitise asylum applications at ports of entry.
• Shift Section 22 asylum visas to allow only work/study/business according to individual need.

Impact:

• Employers will no longer be able to employ asylum seekers under blanket conditions.
• Verification of a refugee or asylum seeker’s specific visa conditions will be required.

6. Permanent Residency Will Become Scarcer and Merit‑Based

Permanent residency (PR) will:

• Move from time-based eligibility to points-based, quota‑controlled approval.

Impact:

• Fewer foreign employees will achieve PR automatically through long stays.
• Employers may need to regularly renew temporary visas for long-term employees.
• Talent retention planning will become more complex.

7. Increased Administrative Burden on Employers

Across all categories, employers will need to:

✔ Prove compliance with labour law, tax law and immigration law

The DHA emphasises coordinated systems with SARS, BMA, and financial institutions.

✔ Provide detailed documentation for recruitment of foreign nationals

Including salary, role justification, skills mapping and labour market evidence.

✔ Maintain stronger record-keeping and internal controls

This is especially important for:

• Visa expiries
• Overstay risk
• Identity verification
• Employment contracts
• Compliance with new immigration conditions

8. Opportunities for Employers

The new system also creates advantages:

✔ Faster processing for compliant employers (TES)

✔ Easier attraction of remote workers and digital nomads

✔ Clearer economic visa pathways for highly skilled talent

✔ Predictable, modernised digital immigration processes

For sectors struggling with skills shortages, these reforms may ultimately improve recruitment.

In Summary — What This Means for Employers

Employers should expect significant changes to how they hire, onboard, manage, and retain foreign workers. The White Paper signals:

🔸 Stricter compliance expectations

🔸 More digital verification

🔸 New visa categories and pathways

🔸 Tougher enforcement against non‑compliance

🔸 Greater scrutiny of employment practices

🔸 A shift away from time-based residency to merit-based systems

If your organization employs foreign nationals, you will need to prepare for the most substantial immigration system overhaul in 20+ years.

FULL TEXT

DETAILS

CLICK HERE TO VIEW THE FULL WHITE PAPER

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA: WHITE PAPER ON CITIZENSHIP, IMMIGRATION AND REFUGEE PROTECTION: REVISED: COMMENTS INVITED

G. 53853 GON 6947 – COMMENT BY 31 JAN 2026 12 DECEMBER 2025 

LINK TO FULL NOTICE

Constitution of the Republic of South Africa: White Paper on Citizenship, Immigration and Refugee Protection: Revised: Comments invited

G. 53853 GoN 6947

– Comment by 31 Jan 2026

12 December 2025

53853gon6947.pdf

ACTION

1. Prepare for New Visa Categories (including Skilled Worker & Remote‑Work Visas)

The Draft Revised White Paper confirms the introduction or expansion of:

• Skilled Worker Visa (replacing Critical Skills + General Work)
• Remote‑Work Visa (recently added in amended Immigration Regulations)
• Start‑Up Visa, Investment Visa, Sports & Arts Visa, Sectoral Work Visa (replacing corporate visas)

What organizations should do now:

• Map all foreign national roles and determine which new visa categories they will fall under.
• Prepare workforce plans for the consolidation of visas.
• Review recruitment strategies to align with new visa pathways (especially PBS-based categories).
• Ensure job descriptions and qualification frameworks are updated for PBS scoring.

2. Strengthen HR & Immigration Compliance Systems

The White Paper introduces:

• PBS (Points-Based System) for visas and permanent residency.
• More enforcement, stronger sanctions, and digital verification of visa status.
• Reintroduction of administrative fines for overstayers instead of blanket bans.

What organizations should do now:

• Audit current foreign national files for completeness, visa validity, payroll compliance, and immigration records.
• Implement internal “visa expiry alerts” or automated tracking solutions.
• Prepare for stricter compliance checks connected to SARS, BMA and DHA systems.

3. Position Yourself for the “Trusted Employer Scheme” (TES)

The White Paper references the TES as a tool to streamline immigration for compliant employers.

Actions now:

• Strengthen HR governance, record‑keeping, and payroll accuracy.
• Ensure strict compliance with:
  • UIF
  • PAYE
  • SDL
  • Sectoral Determination / BCEA

• Review labour compliance documents (contracts, policies, OHS files).
• Prepare to apply once TES formal regulations open.

4. Review and Prepare for Permanent Residency Reform

PR will move from a time‑based system to a merit‑based, PBS‑driven, quota‑controlled model.

What to do now:

• Advise current foreign employees aiming for PR that requirements will soon change.
• Encourage employees close to eligibility to apply ASAP, under current rules.
• Start planning for future talent retention if PR becomes more restrictive.

5. Update Corporate Immigration Policies

The White Paper introduces many structural changes:

• New visa types
• New conditions on Section 22 asylum visas
• Digital identity verification and the Intelligent Population Register (IPR)
• Digital transformation of visa processing (ETA becoming the core platform)

Organizations should:

• Update internal immigration and compliance policies.
• Train HR and managers on expected regulatory shifts.
• Update remote‑work, cross‑border hiring, and dependent policies.

6. Assess Remote‑Work Arrangements for Foreign Employees

Because the document explicitly confirms that the Immigration Regulations were amended to create a Remote‑Work Visa, organizations must prepare for use of this visa category.

Actions:

• Formalise remote‑work policies for foreign employees wishing to live in SA.
• Ensure payroll/tax obligations are understood (especially regarding SARS compliance and anti‑grey‑listing measures).
• Review remote‑work risk, cybersecurity, POPIA impacts, and cross‑border tax exposure.

7. Prepare for Digitised Identity & Verification (IPR + Digital ID)

The White Paper mandates:

• Mandatory digital birth/death registration for all persons in SA.
• Biometric capture for all residents, including foreign nationals.
• Creation of an Intelligent Population Register.

What organizations should do now:

• Prepare for future DHA system integrations for identity verification.
• Strengthen KYC, employee onboarding, and identity verification processes.
• Update IT systems for compatibility with biometric and digital identity checks.

8. Ensure Legal & Compliance Teams Monitor Upcoming Legislation

Now that the comment period is closed, the next steps are:

• Draft Bills
• Amendments to the Immigration Act
• New Regulations
• New DHA Directives
• Implementation guidelines

Actions:

• Assign responsibility for monitoring DHA publications.
• Prepare to comment on draft Bills when they are tabled in Parliament.
• Build internal compliance roadmaps anticipating the 2026–2027 implementation windows.

OVERALL SUMMARY FOR ORGANIZATIONS

Even though the comment period has ended, organizations should:

🔸 Start preparing for a complete overhaul of work visas

🔸 Tighten immigration and workforce compliance now

🔸 Update HR & recruitment policies to align with the new PBS framework

🔸 Prepare for digital ID and real‑time immigration verification

🔸 Monitor upcoming legislation closely

The White Paper makes it clear that major immigration system changes are imminent. Early preparation will protect organizations from risk, delays, penalties, and talent loss.

COMPETITION

LAW AND TYPE OF NOTICE

COMPETITION ACT:

Approved Mergers and Complaint Referrals

LINK TO FULL NOTICE

Competition Act: Approved mergers

G 54268 GeN 3811

06 March 2026

54268gon3811.pdf

Competition Act: Complaint referrals

G 54268 GeN 3813

06 March 2026

54268gen3813.pdf

Competition Act: Approved mergers

G 54268 BN 3812

06 March 2026

54268gen3812.pdf

DATA PRIVACY

LAW AND TYPE OF NOTICE

PROTECTION OF PERSONAL INFORMATION ACT:

Regulations

G 54268 GoN 7198

06 March 2026

APPLIES TO:   

• Insurance companies
• Medical schemes
• Medical scheme administrators
• Managed healthcare organizations
• Administrative bodies
• Pension funds
• Employers
• Institutions working on behalf of employers, administrative bodies, or pension funds

DETAILS

THE LEGAL TEAM SENT OUT A SEPARATE ALERTER REGARDING THIS. THE ALERTER CAN BE FOUND HERE:

POPIA REGULATIONS ALERTER

G 54268 GON 7198 06 MARCH 2026 

LINK TO FULL NOTICE

Protection of Personal Information Act: Regulations (English / Afrikaans)

G 54268 GoN 7198

06 March 2026

ENERGY AND PETROLEUM

LAW AND TYPE OF NOTICE

GAS BILL B6-2026

05 March 2026

APPLIES TO: 

• Gas infrastructure developers/operators (pipelines, LNG terminals, storage, distribution),
• gas traders,
• gas‑to‑power producers,
• importers/exporters,
• large industrial gas users,
• municipalities and
• reticulators, and investors/service providers across the gas value chain

all of whom will face clearer licensing/registration, pricing regulation, access rules, and stronger enforcement.

SUMMARY 

Purpose & Scope.

The Bill repeals the Gas Act, 2001 and replaces it with a modernised framework to promote orderly, secure and sustainable development of South Africa’s gas industry, covering transmission, storage, distribution, liquefaction, re‑gasification, trading, and related services. It broadens the definition of “gas” to include LNG, CNG, hydrogen‑rich, methane‑rich, synthetic, low‑carbon and renewable gases prescribed by the Minister.

Regulator’s powers.

The National Energy Regulator (NERSA) is strengthened: it licenses construction/operation/trading, regulates third‑party access, sets methodologies and regulates tariffs and (where competition is inadequate) maximum prices, appoints inspectors, conducts investigations (also on its own initiative), mediates disputes by consent, and issues compliance notices. It must apply non‑discrimination and pricing transparency principles.

Tariffs & pricing.

NERSA must regulate tariffs and, where needed, maximum prices, using a published methodology that enables prudent cost recovery and a return commensurate with risk, while promoting industry development and affordable access. Charging above an approved maximum price is prohibited, with “excessive price” tested against detailed comparator and market factors.

Licensing & registration.

A licence is required to construct or operate transmission, storage, distribution, liquefaction or re‑gasification facilities, and to trade in gas; the Minister may later de‑license activities by regulation. Licences can be time‑bound (up to 25 years for operation), conditioned (including ring‑fencing of vertically integrated activities and B‑BBEE reporting), amended, surrendered or revoked by NERSA (no High Court application required). Certain activities must register (e.g., import/export of gas, eligible customers, and activities listed in Schedule 1), with conditions and cancellation mechanisms.

Exemptions include self‑use transmission/distribution and off‑grid biogas projects.

Market development tools.

• Exclusivity: NERSA may grant time‑bound exclusivity for distribution or supply within a geographic area to underpin investment where justified (e.g., to avoid stranded assets).
• Gas Master Plan: The Minister must publish and review a five‑yearly Gas Master Plan (with public consultation) addressing supply/demand scenarios, infrastructure needs, environmental management, local content, and empowerment.
• Ministerial determinations (new facilities/supply): To ensure security of supply, the Minister may determine that new gas facilities, services or supply are required and mandate a fair, transparent, competitive procurement process; large transmission and re‑gasification facilities (above thresholds or >10% expansions) generally require such a determination, with provision for state guarantees and procurement led by the Department. Strategic Integrated Energy Projects can be designated and aligned with the Infrastructure Development Act.

Access & competition.

The Bill provides for third‑party access to uncommitted capacity on commercially reasonable terms (to be detailed in regulations/rules), obliges non‑discriminatory treatment (with objective, NERSA‑approved differentiations), and aligns with the Competition Act.

Compliance & enforcement.

NERSA may issue compliance notices, suspend licences, and impose administrative fines for non‑compliance of up to the greater of 10% of annual turnover or R2,000,000 per day after expiry of a compliance deadline. Offences (e.g., unlicensed activities, failure to register, obstruction, furnishing false information) carry penalties including imprisonment (up to 10 years for the most serious).

Land, environment & municipal coordination.

The Minister may expropriate land or rights for gas facilities under the Expropriation Act, 2024, consistent with the Constitution. Licensees must comply with environmental laws, rehabilitate land, and coordinate with municipalities when laying pipelines along roads/streets (with route approvals and restoration obligations).

Transformation.

The Bill embeds B‑BBEE objectives and enables regulations and licence conditions promoting black ownership/participation, skills development, employment equity, and local content.

Transitional & commencement.

Existing licences under the Gas Act, 2001 remain valid for their term; anything validly done by NERSA under that Act is deemed done under the new Act. The Bill will come into force on a date proclaimed by the President.

FULL TEXT

DETAILS

REPUBLIC OF SOUTH AFRICA

GAS BILL

(As introduced in the National Assembly (proposed section 76); explanatory summary of Bill and prior notice of its introduction published in Government Gazette No. 54206 of 24 February 2026)

(The English text is the offıcial text of the Bill)

(MINISTER OF ELECTRICITY AND ENERGY)

BILL

To repeal the Gas Act, 2001, to provide for the promotion of the orderly development of the gas industry; to enhance the national regulatory framework; to promote broad-based black economic empowerment; to provide for socioeconomic and environmentally sustainable development; to provide for new developments and changing technologies in the gas sector; to facilitate gas infrastructure development and investment; to provide for cooperation between the private and public sectors; to strengthen enforcement and improve compliance; and to provide for matters connected therewith.

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

ARRANGEMENT OF SECTIONS

CHAPTER 1

DEFINITIONS AND OBJECTS

1. Definitions

2. Objects of Act

CHAPTER 2

ENERGY REGULATOR

3. Functions of Energy Regulator

4. Regulation of tariff and maximum prices

5. Appointment of inspectors

6. Powers of entry, search and seizure

7. Information held and disclosed by Energy Regulator

8. Voluntary resolution of disputes by Energy Regulator

9. Investigations by Energy Regulator

CHAPTER 3

GAS LICENSING AND REGISTRATION

Part A

Gas Licensing

10. Activities requiring licence

11. Activities no longer requiring licensing

12. Application for licence

13. Publication of notice of application for licence

14. Objection to licence application

15. Consideration of application by Energy Regulator

16. Finalisation of application

17. Exclusivity

18. Conditions of licence

19. Term of licence and non-transferability

20. Amendment of licence conditions

21. Surrender of licence by licensee

22. Revocation of licence

Part B

Gas Registration

23. Registration

24. Registration conditions

25. Term of registration and non-transferability

26. Cancellation of registration

CHAPTER 4

GAS MASTER PLAN AND NEW GAS FACILITIES, SERVICES OR GAS AND

STRATEGIC INTEGRATED ENERGY PROJECTS

27. Gas master plan

28. New gas facilities, services or gas supply

29. Strategic integrated energy projects

CHAPTER 5

GENERAL PROVISIONS

30. Non-discrimination

31. Compliance notice

32. Administrative fines

33. Expropriation of land

34. Environment and rehabilitation of land

35. Rights of licensee in respect of premises or land belonging to others

36. Regulations

37. Rules by Energy Regulator

38. Offences

39. Exemptions

40. Repeal of law and savings

41. Short title and commencement

CLICK HERE TO VIEW THE FULL BILL

GAS BILL B6-2026

05 MARCH 2026 

LINK TO FULL NOTICE

Gas Bill B6-2026

05 March 2026

b6-2026gasbill.pdf

ACTION

1. Licensing Obligations

Any entity performing the following must obtain a licence from NERSA before undertaking the activity:

• Constructing transmission, storage, distribution, liquefaction or re‑gasification facilities.
• Operating these facilities.
• Trading in gas.

Organizations must:

• Apply using NERSA‑prescribed forms and provide technical, financial and safety documentation.
• Publish notice of application and allow for objections.
• Comply with all licence conditions imposed.
• Renew licences before expiry (valid for up to 25 years).
• Not transfer or cede licences without NERSA approval.

2. Registration Obligations

Certain activities require registration (not licensing), including:

• Import or export of gas.
• Activities listed in Schedule 1 (self-use transmission/distribution; off-grid biogas).
• Registration as an eligible customer.

Registrants must:

• Apply with required information and fees.
• Comply with registration conditions imposed by NERSA.
• Notify NERSA of changes and maintain up‑to‑date information.

3. Compliance With Tariff and Pricing Regulation

Licensees must comply with NERSA-regulated:

• Tariffs for gas services.
• Maximum prices where competition is inadequate.

Obligations include:

• Applying tariffs using NERSA’s published methodology.
• Not charging above NERSA‑approved maximum prices.
• Providing transparent price information and preventing cross‑subsidisation.

4. Non‑Discrimination Requirements

Licensees must:

• Not unfairly discriminate between customers for access, tariffs, or services.
• Justify any differentiated treatment based on objective NERSA‑approved criteria (e.g., volume, distance).

5. Information, Reporting & Transparency Duties

Licensees and registrants must:

• Provide information requested by NERSA.
• Verify information on oath if required.
• Maintain separate accounts for vertically integrated operations.
• Publish required capacity and tariff information (e.g., uncommitted capacity).

Failure to provide information or providing false information is an offence.

6. Operational Standards & Technical Compliance

Organizations must ensure:

• Facilities are constructed and operated according to prescribed norms and standards.
• Trading infrastructure and gas specifications comply with regulations.
• Facilities are kept in fully operative condition.

7. Environmental & Land Rehabilitation Compliance

When licences are surrendered, revoked, or activities terminated, organizations must:

• Rehabilitate affected land.
• Comply with all environmental laws and pollution‑prevention requirements.

The Minister may expropriate land for gas facilities—licensees must comply with land‑use coordination requirements.

8. Third‑Party Access Obligations

Operators of gas facilities must:

• Provide third‑party access to uncommitted capacity on commercially reasonable terms.
• Comply with NERSA‑set methodologies for access and interconnection.

9. Compliance Notices & Enforcement

Organizations must comply with:

• Compliance notices issued by NERSA requiring corrective action.
• Deadlines specified to avoid fines or licence suspension.

Failure to comply may trigger:

• Suspension of licence.
• Administrative fines up to 10% of annual turnover OR R2,000,000 per day.

10. Offences & Prohibition Compliance

It is an offence to:

• Operate without a required licence or registration.
• Obstruct inspectors.
• Furnish false or misleading information.
• Fail to comply with NERSA directives.

Offences carry penalties up to 10 years’ imprisonment.

11. Participation in the Gas Master Plan Process

Stakeholders must:

• Provide information to the Minister or NERSA for the five‑year Gas Master Plan updates.

12. Transformation (B‑BBEE) Compliance

Licensees must:

• Submit B‑BBEE information and comply with gas‑sector‑specific empowerment requirements.
• Promote skills development, employment equity, and local participation.

In Summary

Compliance obligations fall into five pillars:

1. Licensing & registration compliance
2. Tariff, pricing & non‑discrimination compliance
3. Operational, technical & safety compliance
4. Environmental, land‑use & access compliance
5. Enforcement, reporting & governance compliance

The Gas Bill creates a much stricter, more transparent, and more interventionist regulatory regime than the 2001 Act.

LAW AND TYPE OF NOTICE

PETROLEUM PRODUCTS

Regulations and Amendments

LINK TO FULL NOTICE

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

G 54258 RG 11950 GoN 7187

03 March 2026

54258rg11950gon7187.pdf

Petroleum Products Act: Regulations: Amendment

G 54258 RG 11950 GoN 7189

03 March 2026

54258rg11950gon7189.pdf

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT:

Regulations: National Waste Exemption 2026: Comments invited

G 54304 GoN 7214

– Comment by 10 Apr 2026

11 March 2026

APPLIES TO:   

1.     Waste management facilities

2.     Recyclers and treatment plants

3.     Hazardous waste handlers

4.     Manufacturing and industrial companies

5.     Mining and extractive operations

6.     Construction and demolition contractors

7.     Municipalities and government waste services

8.     Renewable energy and biogas projects

9.     Engineering and environmental consultancy firms

10.  Any business seeking an exemption under NEMWA

SUMMARY

The draft regulations introduce a structured application process that requires:

• Mandatory public participation (minimum 30 days) before the application is lodged.
• Submission of a complete exemption application, including motivations, environmental baseline information, proposed mitigation, alternatives analysis, and disclosure of any past enforcement actions.
• Defined timeframes for decision‑making, including 14 days for acknowledgement, 60 days for a decision, and 20 days for issuing reasons and for notifying interested and affected parties of outcomes and appeal rights.

The draft also provides mechanisms for:

• Review of issued exemption authorisations.
• Transfer of an exemption to another holder.
• Gazette‑issued exemptions for certain classes of activities.
• Offences and penalties for non‑compliance.

FULL TEXT

DETAILS

PLEASE CLICK HERE TO VIEW THE FULL DRAFT REGULATION

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT: REGULATIONS: NATIONAL WASTE EXEMPTION 2026: COMMENTS INVITED

G 54304 GON 7214 – COMMENT BY 10 APR 2026 11 MARCH 2026 

LINK TO FULL NOTICE

National Environmental Management: Waste Act: Regulations: National Waste Exemption 2026: Comments invited

G 54304 GoN 7214

– Comment by 10 Apr 2026

11 March 2026

54304gon7214.pdf

ACTION

Ensure that you submit your comments before 10 April 2026.

FINANCE

LAW AND TYPE OF NOTICE

AUDIT PROFESSION ACT:

Fees payable and Assurance fees to the IRBA with effect from 1 April 2026 to 31 March 2027

G 54268 BN 889

06 March 2026

APPLIES TO:   

•        Registered auditors (individuals)

•        Registered audit firms

•        Trainee auditors (via employer firms)

•        ADP candidates

•        Firms undergoing IRBA inspections

•        Anyone seeking registration, reinstatement, or IRBA regulatory services

FULL TEXT

DETAILS

BOARD NOTICE 889 OF 2026

FEES PAYABLE TO THE IRBA WITH EFFECT FROM 1 APRIL 2026 TO 31 MARCH 2027

In Board Notice 851 of 2025 (“Board Notice”) the Independent Regulatory Board for Auditors (IRBA) informed the public and Registered Auditors (“RAs”) of its intention to prescribe fees payable by Ras for the 2026-2027 financial year in accordance with Section 8 of the Auditing Profession Act, 2005 (Act 26 of 2005) and invited public comments on the proposed fees.

The Board considered the comments received, including concerns raised regarding the proposed increases being above the prevailing Consumer Price Index (CPI) and all revenue streams available to it to achieve a break-even budget as required by Section 53(3) of the Public Finance Management Act (PFMA). The Board thus concluded that CPI aligned increases across all fees would expose the Board to a budgeted deficit to contend with and render it unable to deliver on its regulatory mandate.

Accordingly, the Board resolved to reduce the initially proposed increase of 5% for annual renewal fees payable by individuals to 3%, with all other proposed fees remaining unchanged from the Board Notice.

The fees payable from 01 April 2026 to 31 March 2027 are prescribed herewith as approved by the Board:

CLICK HERE TO VIEW THE FEE TABLES

AUDIT PROFESSION ACT: FEES PAYABLE AND ASSURANCE FEES TO THE IRBA WITH EFFECT FROM 1 APRIL 2026 TO 31 MARCH 2027

G 54268 BN 889 06 MARCH 2026 

LINK TO FULL NOTICE

Audit Profession Act: Fees payable and Assurance fees to the IRBA with effect from 1 April 2026 to 31 March 2027

G 54268 BN 889

06 March 2026

54268bn889.pdf

ACTION

Take note of the amended fees.

HEALTH AND SAFETY

LAW AND TYPE OF NOTICE

OCCUPATIONAL INJURIES AND DISEASES ACT:

Regulations:  Inspection Compliance and Enforcement; Rehabilitation, Reintegration and Return-to-Work and Registration of Third Parties that are Transacting with the Compensation Fund

G 54273 RG 11951 GoN 7205

06 March 2026

APPLIES TO:   

All Organizations

SUMMARY

PURPOSE OF THE REGULATIONS

The 2026 COIDA Regulations aim to:

• Clarify and operationalise amendments to COIDA following the 2022 legislative changes.
• Strengthen prescription periods, reporting obligations, and inspector powers.
• Establish clear frameworks for:
  • Prescription of claims
  • Inspection, compliance & enforcement
  • Rehabilitation, reintegration, and return‑to‑work processes
  • Registration and conduct of third parties transacting with the Fund

• Improve transparency, enforceability, and employer obligations under COIDA.

SCOPE OF APPLICATION

These regulations explicitly apply to all employers and all employees covered by COIDA, including:

• Private and public employers
• Domestic employers (retroactively included to 1994)
• Individually liable employers (self‑insured)
• Contractors and subcontractors
• All employees suffering occupational injuries or diseases
• Healthcare providers dealing with COIDA claims
• Third parties submitting COIDA-related transactions on behalf of employers, employees, or medical professionals

EFFECTIVELY:

All COIDA‑covered workplaces in South Africa are impacted.

Key Definitions

Accident / Occupational Injury / Occupational Disease – as defined in COIDA.

Employer Individually Liable – entities authorised to self‑insure.

Rehabilitation – clinical, social, and vocational interventions supporting return to work.

Rehabilitation Case Manager – appointed by the Fund/Licensee to oversee the rehabilitation plan.

Third Party – any person/entity transacting with the Fund on behalf of employees, employers, or medical service providers.

Letter of Good Standing – proof of an employer’s compliance with COIDA.

CORE REGULATIONS

1. Prescription Regulations (Claims Deadlines)

• Claims prescribe after 3 years from:
  • date of accident
  • date of diagnosis
  • date of treatment (s73(3))

• Applies to all occupational injuries, diseases, and related fatalities.
• Domestic worker claims are recognised retrospectively to 27 April 1994, but must be reported within 3 years of this regulation’s effective date.

2. Inspection, Compliance & Enforcement (Chapter XA)

Inspectors (s93A–F) are empowered to:

During Inspections

• Verify employer compliance with:
  • registration (s80)
  • assessments & earnings submissions (s82)
  • payment of assessments (s86–87)

• Educate employers/employees on rights and duties.
• Issue compliance orders and escalate to court orders if non‑compliance persists.

During Investigations

Inspectors may investigate:

• Failure to report accidents (s38, s39)
• Failure to pay temporary disability benefits (s47)
• Employer negligence contributing to accidents (s56)
• Unauthorized deductions (s64)
• Failure to notify occupational diseases (s68)
• Contractor/subcontractor non-compliance (s89)

Notice periods

• 14 days’ written notice for inspections or representations (extendable by another 14 days).
• Unannounced inspections allowed in exceptional cases.

3. Rehabilitation, Reintegration & Return‑to‑Work Regulations

These create a structured national framework for bringing injured/diseased employees back into productive work.

Key Employer Duties

• Appoint an Employee Health & Wellness Representative.
• Maintain secure and accessible case files for 30 years.
• Provide reasonable accommodation, assistive devices, transitional work, and re‑skilling.
• Integrate rehabilitation responsibilities into HR, OHS committees, and broader governance structures.
• Not dismiss or reduce pay due to injury/disease unless labour law requirements are met.
  • Any dismissal must be reported to the Chief Inspector and Compensation Fund.

Employee Duties

• Participate in rehabilitation.
• Accept reasonable accommodation or alternative placement if medically appropriate.

Role of Fund/Licensee 

• Approve rehabilitation plans, fund clinical and social rehabilitation, and provide assistive devices.
• Support multi-disciplinary rehabilitation teams.
• Monitor progress and adjust compensation where appropriate.

4. Third‑Party Registration Regulations

All third parties transacting with the Fund must register.

Requirements:

• Mandatory registration with updated documents (ID, CIPC, tax clearance, good standing, proof of mandate, etc.).
• Registration valid for 24 months; renewal requires 3‑month notice.
• Must keep unaltered copies of claims and invoices.
• Only one third‑party may submit for an employer/employee/medical provider per year (unless notified).
• Medical invoices may not be processed if the medical provider is not in good standing.
• Third‑party may be suspended or deregistered for non‑compliance, false statements, conflict of interest, or liquidation.

COMMENCEMENT

All regulations come into effect on the date of publication in the Gazette:

6 March 2026 (Gazette No. 54273).

IN SUMMARY

The 2026 COIDA Regulations significantly expand employer duties. They tighten claim deadlines, strengthen inspections and enforcement, formalise rehabilitation and return‑to‑work responsibilities, and regulate all third‑party intermediaries.

Every COIDA‑covered employer in South Africa must align HR, OHS, payroll, and medical processes with these changes.

FULL TEXT

DETAILS

DEPARTMENT OF EMPLOYMENT AND LABOUR

NO. R. 7205 6 March 2026

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 1993 (ACT NO 130 OF 1993)

I, Nomakhosazana Meth, Minister of Employment and Labour, after consultation with the Compensation Board and the Compensation Commissioner, hereby make the following regulations in terms of Section 97 read with sections 38, 39, 43, 44, 65 and 73(3) of Compensation for Occupational Injuries and Diseases Act, 1993 (Act No 130 of 1993) as amended. The regulations are attached as Schedule A.

The regulations shall be effective on the date of publication hereof

____________________________

N METH, MP

MINISTER OF EMPLOYMENT AND LABOUR

DATE:7 November 2025

PLEASE CLICK HERE TO VIEW ALL THE AMENDMENTS

OCCUPATIONAL INJURIES AND DISEASES ACT: REGULATIONS: INSPECTION COMPLIANCE AND ENFORCEMENT; REHABILITATION, REINTEGRATION AND RETURN-TO-WORK AND REGISTRATION OF THIRD PARTIES THAT ARE TRANSACTING WITH THE COMPENSATION FUND

G 54273 RG 11951 GON 7205 06 MARCH 2026 

LINK TO FULL NOTICE

Occupational Injuries and Diseases Act: Regulations: Inspection Compliance and Enforcement; Rehabilitation, Reintegration and Return-to-Work and Registration of Third Parties that are Transacting with the Compensation Fund

G 54273 RG 11951 GoN 7205

06 March 2026

54273rg11951gon7205.pdf

ACTION

1. Confirm your organization’s COIDA status

• Ensure COIDA registration is up to date.
• Review all subsidiaries, farming operations, contractors, and domestic staff.

2. Update accident & disease reporting processes

• Ensure reporting within required timeframes.
• Train HR, OHS, and supervisors on new prescription rules.

3. Strengthen governance & compliance structures

• Appoint or confirm an Employee Health & Wellness Representative.
• Integrate rehabilitation oversight into committees.

4. Prepare for stricter inspections

• Update COIDA files, earnings declarations, and assessment records.
• Keep contractor/subcontractor compliance documentation.

5. Implement rehabilitation and return‑to‑work systems

• Build internal processes for:
• • vocational rehabilitation
  • reasonable accommodation
  • assistive devices
  • workplace reintegration

• Prepare 30‑year retention systems for records.

6. Review third‑party relationships

• Validate registration of any payroll agents, medical billing administrators, or COIDA consultants.
• Update service agreements to reflect the 2026 regulatory duties.

7. Build an internal COIDA Compliance File

Include:

• Registration documents
• Accident/disease reporting logs
• Rehabilitation plans
• Inspection records
• Third‑party registrations
• Employee reintegration policies

LABOUR

LAW AND TYPE OF NOTICE

LABOUR RELATIONS ACT

Bargaining Council Agreements

LINK TO FULL NOTICE

Labour Relations Act: National Bargaining Council of the Leather Industry of South Africa: Extension to non-parties of the Supplementary Sick Benefit Fund Collective Agreement: Correction Notice

G 54301 RG 11952 GeN 7213

10 March 2026

54301rg11952gen7213.pdf

Labour Relations Act: Furniture Bargaining Council: Extension of period of operation of Collective Bargaining Fee Collective Agreement

G 54273 RG 11951 GoN 7206

06 March 2026

54273reg11951gon7206.pdf

MEDICAL

LAW AND TYPE OF NOTICE

NURSING ACT:

Nursing Practice Standards for use in all Health establishment in South Africa

G 54268 BN 888

06 March 2026

APPLIES TO:   

MEDICAL SECTOR

DETAILS

Lists the names and details of nurses against whom disciplinary action has been taken

LINK TO FULL NOTICE

Nursing Act: Nursing Practice Standards for use in all Health establishment in South Africa

G 54268 BN 888

06 March 2026

54268bn888.pdf

SECURITY

LAW AND TYPE OF NOTICE

PRIVATE SECURITY INDUSTRY REGULATION ACT AND SECURITY OFFICERS ACT:

Annual fees

G 54272 GeN 3815

06 March 2026

APPLIES TO:   

•        All security businesses

•        All individual security officers

•        Any person or business that makes use of security officers

•        Security officers working independently

SUMMARY

1. Commencement

The amended regulations come into effect on 1 April 2026.

2. Key Amendments

A. Updated Definitions

• Changes the meaning of “prescribed amount”.
• Deletes definitions of “prescribed fees” and “Registrar of the Board”.

B. Monthly Reporting Duties for Security Businesses

Security businesses must now submit the following to PSIRA by the 15th of every month:

• A list of every security officer used in that month (names, ID, registration number, contact details, service period, geographic area).
• A signed EMP201 (SARS Employer Declaration) with payroll reconciliation.
• Disclosure of subcontracting and joint‑venture arrangements.

These are mandatory for issuing a Letter of Good Standing.

C. Annual Fee Payment Requirements

1. Fees for Security Businesses

Fees must be paid depending on the number of security officers employed:

• Large businesses (100+ officers): full annual fee due by 7 May.
• 21–100 officers: 50% due by 7 May; remainder in two instalments (7 June, 7 July).
• 0–20 officers: 50% due by 7 May; remainder in five instalments (monthly June–October).

2. Fees for Security Officers (Individuals)

All registered security officers must pay the annual fee, even if not employed or deployed.

3. Fees for Non‑Security‑Business Employers

Any business using security officers (even if not a registered security business) must also pay the prescribed fee for each officer used.

D. Non‑Refundability & Certificate Renewal

• All prescribed amounts paid are non‑refundable.
• Registration certificates must be renewed every 24 months, failing which they lapse immediately.

E. Interest, Penalties & Offences

1. Penalties for Late or Non‑Payment

Security businesses that fail to pay fees must pay:

• the unpaid amount,
• interest (Prescribed Rate of Interest Act), and
• a 10% penalty on the total.

2. Penalties for Non‑Disclosure

If a business fails to submit accurate returns or hides the number of officers employed:

• fines of up to R500,000,
• penalties up to double the annual fees due, and
• mandatory investigation covering the past 3 years.

3. Liability of Directors/Managers 

Directors or managers may face:

• fines up to R500,000, or
• imprisonment up to 24 months,

for negligence or intentional misrepresentation.

3. Updated Fee Schedules

The amendment introduces three new schedules:

Schedule A – Annual Fees for Businesses

Ranging from R8,500 (smallest category) to R90,650 (largest).

Schedule B – Monthly Fee per Security Officer

Ranges from R4.40 to R5.50 per officer per month depending on business size.

Schedule C – Annual Fee for Security Officers

A flat annual fee of R125 per security officer.

Overall Summary

This amendment modernises and tightens the private security regulatory framework, introducing new fee structures, strict monthly reporting obligations, enhanced compliance controls, and significant penalties for non‑compliance. It strengthens PSIRA’s oversight and ensures that all security businesses—large or small—contribute proportionately and maintain transparent employment records.

FULL TEXT

DETAILS

DEPARTMENT OF POLICE

GENERAL NOTICE ANNUAL FEE INCREASE

PRIVATE SECURITY INDUSTRY REGULATIONS ACT 56 OF 2001 AND SECURITY OFFICERS ACT NO. 92 OF 1987

PUBLICATION OF AMENDMENT TO THE REGULATIONS MADE UNDER THE SECURITY OFFICERS ACT (ACT NO. 92 OF 1987)

The Private Security Industry Regulatory Authority, with the concurrence of the Minister of Police, under sections 43 and 44(7) of the Private Security Industry Regulation Act, 2001 (Act 56 of 2001) read with section 32(1) of the Security Officers Act, 1987 (Act 92 of 1987), hereby make the Regulations in the Schedule hereto.

CLICK HERE TO VIEW THE FULL AMENDMENT.

PRIVATE SECURITY INDUSTRY REGULATION ACT AND SECURITY OFFICERS ACT: ANNUAL FEES

G 54272 GEN 3815 06 MARCH 2026 

LINK TO FULL NOTICE

Private Security Industry Regulation Act and Security Officers Act: Annual fees

G 54272 GeN 3815

06 March 2026

54272gen3185.pdf

ACTION

Take note of the amended fees.

TRANSPORTATION

LAW AND TYPE OF NOTICE

ECONOMIC REGULATION OF TRANSPORT AMENDMENT ACT 10 OF 2025

G 54242 GoN 7185

03 March 2026

APPLIES TO:   

  Rail operators

  Road freight & passenger transport operators

  Airports & aviation economic players

  Ports & maritime operators

  Transport infrastructure managers

  Concessionaires and license holders

  Economic regulators within the transport sector

DETAILS

The Economic Regulation of Transport Amendment Act 10 of 2025 intends:

• to amend the Economic Regulation of Transport Act, 2024, so as

• • to correct erroneous references in Schedule 1 to the Act by substituting the year “2020” with the year “2024” wherever the year “2020” appears as part of the citation of the principal Act
• to provide for matters connected therewith.

Commencement

3 March 2026

LINK TO FULL NOTICE

Economic Regulation of Transport Amendment Act 10 of 2025 (English / isiXhosa)

Act 10 of 2025

G 54242 GoN 7185

03 March 2026

economic-regulation-transport-amendment-act-10-2025.pdf

ACTION

Take note of the amendment.

AGRICULTURAL ARTICLES

SOUTH AFRICA

Farmers may incur costs outside of government’s FMD vaccination strategy

While Agriculture Minister John Steenhuisen has committed the government to covering the entire cost of Foot-and-Mouth Disease (FMD) vaccines for the national herd, farmers outside the government’s vaccination rollout strategy may still face significant fees.

The FMD Industry Coordination Council (FMD ICC) has highlighted that, while the vaccine itself is funded by the government in active outbreak areas, farmers will be responsible for the costs associated with vaccine administration, creating a financial burden for those seeking to protect their herds.

In an update on Friday, the FMD ICC clarified the practical implications of the announcement, noting that the government’s current rollout is focused solely on active outbreak areas.

In these priority zones, Provincial Veterinary Services administer the government-procured vaccines, meaning producers pay nothing.

“If you are in an active outbreak area but want your herd vaccinated as soon as possible, you can contact an authorised private veterinarian to vaccinate your herd. The vaccine is paid for by the government, but you will need to pay the private veterinarian’s service fee,” the FMD ICC stated.

The council said that for farmers whose herds fall outside these current priority areas, the financial responsibility differs significantly.

“If your herd currently falls outside these priority areas but you want to manage your risk as soon as possible through vaccination, this can be done, but you pay for the vaccine and the private veterinarian’s service fee,” the council warned.

While welcoming the minister’s pledge to cover the vaccine cost, the FMD ICC reiterated a key concern: speed.

“We welcome this announcement by the minister, but our stance remains that speed should be the priority,” the council emphasised.

They suggest the industry has the operational capacity to help if capacity constraints are slowing the government’s current strategy.

On Saturday, Minister Steenhuisen and Gauteng MEC for Agriculture and Rural Development, Vuyiswa Ramokgopa, participated in the Gauteng leg of the national mass FMD vaccination rollout held in Ekurhuleni.

The day included an engagement session with farmers and stakeholders at Suikerbos Nature Reserve, followed by a vaccination demonstration on communal herds at Mmagagula Heights in Katlehong.

During the event, the minister outlined the ambitious timeline for achieving herd immunity.

He stated the government intends to have 80% of the national herd, approximately 14 million cattle, vaccinated by December.

“It could fluctuate depending on what we find once we get into the communal areas, where there’s generally been an under-reporting, and we would hope to have vaccinated them twice by December. So that’s 28 million vaccines that are required,” Steenhuisen said.

He emphasised that vaccinating 80% of the herd is the “critical point for the attainment of what is called herd immunity, and to ensure that we’re able to stop the spread and reduce the numbers of outbreaks around the country”.

Looking ahead, the minister explained that vaccination efforts will continue even after the initial target is met, with the country eventually being “compartmentalised”, allowing vaccination to cease in some areas.

However, he noted, permanent vaccination will remain necessary in compartments along the interface of the Kruger National Park, game reserves, Mpumalanga, and KwaZulu-Natal, as well as in border areas with other countries.

Steenhuisen also stressed the necessity of a regional approach to the crisis, citing lessons learned from Argentina.

“It’s also why we’ve had to move now towards a regional approach… Because the interface that we have with countries like Zimbabwe, which have a very high presence of Foot-and-Mouth Disease, means that we’re always going to have to vaccinate on that border, unless we can get a regional approach where they vaccinate as well. It also impacts Lesotho and Eswatini.”

To facilitate this, he said the president has established an Inter-Ministerial Committee (IMC) made up of the Department of Agriculture, Home Affairs, Defence, and International Relations.

“We are pursuing a meeting with the Southern African Development Community (SADC) to adopt a regional approach to vaccination, like we’re doing in South Africa, so that regionally, we can get on top of Foot-and-Mouth Disease as well.”

The minister added that he is looking forward to five million more Biogenesis vaccines during the course of the month.

“We need to get as many vaccines as possible into as many cattle as quickly as possible,” said Steenhuisen.

Karen Singh

INL

B-BBEE ARTICLES

SOUTH AFRICA

Concern over low levels of BEE reporting

The momentum of reporting by companies on their empowerment activities has stalled and something has to be done to fix it, the head of the Broad-based BEE Commission told MPs yesterday.

Commissioner Tshediso Matona suggested that com­pan­ies be incentivised to comply with reporting requirements and that organs of state have to be serious about applying BEE laws. A company’s BEE score is supposed to be a critical element in its success in winning state tenders.

The commission needs enforcement powers to deal with non-reporting, Matona said in an engagement with parliament’s trade, industry & competition committee. He noted that the sector code councils experience a similar problem of failure to report.

Organs of state, public entities and companies have to submit their financial statements and annual reports to the commission outlining their compliance with broad-based BEE legislation relating to ownership, management control, skills development, enterprise and supplier development, and socioeconomic development.

Companies also have to report broad-based BEE transactions of R25m and above.

There was a slowdown in the number of major broad-based BEE transactions reported, with 22 in the first three quarters of 2025/26 compared with 55 in the same period the previous year.

Matona said that in the first three quarters the commission assessed 106 reports from JSE-listed com­pan­ies, 76 from organs of state and five from sector education and training authorities. The assessment showed that R5.8bn had been spent on enterprise development, R4.8bn on supplier development and R19.8bn on skills development.

DA spokesperson on trade, industry & competition Toby Chance said there is compliance fatigue. The reporting also bears no relation to what is happening in the economy, he said.

By Linda Ensor

BusinessDay

FINANCE ARTICLES

SOUTH AFRICA

Changes to cross-border currency limits proposed

Reserve Bank gives public a chance to comment on draft circulars

The Reserve Bank has issued nine draft circulars for public comment which give effect to announcements made in the Budget Review tabled in parliament last month.

The circulars primarily address increased new limits for cross-border payments and investments by individuals in South Africa, as well as streamline some administrative processes. The deadline for public comment is March 17.

The review said that to take account of inflation and currency fluctuations, the single discretionary allowance limit for private individuals to take or transfer money abroad is increased from R1m to R2m per calendar year via authorised dealers for all purposes, including travel, gifts, remittances, investments and donations.

The limit for resident individuals who are under the age of 18 years for a travel allowance is increased from R200,000 per calendar year to R400,000.

The transfer of domestic listed securities abroad, up to a total market value of R2m per calendar year, will be allowed on conditions, and private individuals will be allowed to take up new shares in foreign companies that have accrued by way of rights on existing holdings of shares, provided transfers in payment are dealt with in terms of the R10m foreign capital allowance and/or the R2m single discretionary allowance.

The limit for miscellaneous imports, services or subscription payments (for example, imports over the internet, services or subscriptions), made via credit or debit cards, will be increased from R50,000 to R100,000 per transaction.

“Any singular transaction exceeding R100,000 may not be split to circumvent the limit applicable to this dispensation,” the Bank’s circular said.

To reduce red tape, the limit for miscellaneous payments to non-residents — for example, for sponsorships, office and warehouse expenses, demurrage or refunds — is increased from R100,000 to R200,000 per transaction.

Cutting red tape

The National Treasury also announced changes to the limits on bank notes that can be carried in cash when entering or exiting South Africa from R25,000 to R100,000.

“Currently, South African resident individuals, including foreign nationals, non-residents and visitors, are permitted to export up to R25,000 in notes when leaving South Africa.

This allowance for residents and foreign nationals is in addition to the normal travel allowance. The limit of R25,000 therein is increased to R100,000,” the Reserve Bank circular said.

Among the measures to reduce red tape is that authorised dealers will be allowed to renew authorities previously granted by the Reserve Bank for local settlement in foreign currency provided there are no material changes in the cir­cum­stances under which the original approval was granted. The time lag for residents entering into cross-border merchanting transactions will be aligned to four months irrespective of the jurisdiction of the foreign payer.

“The Reserve Bank, working with the South African Revenue Service and the Financial Intelligence Centre, will enhance supervisory oversight to ensure anti-money-laundering and countering the financing of terrorism and tax infringements do not occur,” the Budget Review stated.

The Reserve Bank said the National Treasury will publish updated draft regulations for public comment to enable the implementation of the capital flow management framework and later the crypto asset framework for cross-border activities.

Linda Ensor

BusinessDay

HEALTH AND SAFETY ARTICLES

SOUTH AFRICA

Menstrual products safe, confirm Motsoaledi, WHO, SAMRC

Health Minister Aaron Motsoaledi has added his reassurances to those of the government’s Social Protection, Community and Human Development cluster, which said this weekend that no feminine products were being recalled and that sanitary pads on South African shelves were safe to use, reports News24.

The cluster, led by Motsoaledi, held a media briefing to clarify the implications of the recently published University of the Free State study that suggested locally available products contained chemicals that might disrupt hormonal processes.

The study, conducted on 16 sanitary pads and seven panty liners, found small quantities of endocrine-disrupting chemicals (EDCs) were present in the tested samples, with all products tested containing at least two types of EDCs. This included products that were marketed as being chemical-free.

Motsoaledi said that EDCs were natural or human-made products that have the potential to interfere with the actions of hormones, especially reproductive and thyroid hormones only if the quantities exceeded the permissible concentration levels.

“The permissible concentration levels of EDCs in any product are determined by the international cosmetic ingredient expert panel,” he said, adding that these EDCs were found everywhere in low concentrations, like food household products, personal care and beauty products, cosmetics, toothpaste etc.

He confirmed that scientists have known about the presence of EDCs for more than a century.

The National Consumer Commission (NCC) had launched an investigation into the sanitary products immediately after the study was published, with NCC Acting Commissioner Hardin Ratshisusu saying science informs what the NCC does.

“The scientists have spoken… the research from UFS itself suggests that the EDCs identified are quite low.

“We further engaged with the National Metrology Institute of SA, which reached the same findings – that there is no need to worry, at least from our side, about the quality of products on the market, and we will not be instituting any product recall.”

The CEO of the South African Medical Research Council, Professor Ntobeko Ntusi, said that the concerns, even on long-term exposure to EDCs, remain theoretical.

“We have regulatory bodies in this country doing surveillance constantly, precisely to protect South Africans, and through their work, so far, there has been no signal of harm from these EDCs.”

World Health Organisation’s technical officer, Dr Richard Brown, added that globally, no harm from these EDCs has been detected to date.

“The WHO makes it clear that … menstrual products are very important for the health of women and adolescents, and from a public health perspective, the benefits … from these products should not be withdrawn without a good reason to do so. There is no clear evidence of harm s to date.”

News24 article – It’s safe to use menstrual products – Motsoaledi responds to UFS sanitary pads study (Restricted access)

LABOUR ARTICLES

SOUTH AFRICA

Publication of Rehabilitation, Reintegration and Return to Work Regulations under COIDA

Overview

• On 6 March 2026, the Minister of Employment and Labour published four sets of regulations in the Government Gazette, to give effect to the recently amended provisions of the Compensation for Occupational Injuries and Diseases Act (COIDA).
• Among the regulations are the Rehabilitation, Reintegration and Return to Work Regulations (RRR2W Regulations), which flesh out the provisions of new section 70A of COIDA.
• In this article, we address some of the key features of the RRR2W Regulations

The Minister of Employment and Labour recently published various sets of regulations under the Compensation for Occupational Injuries and Diseases Act, 1993 (COIDA) which came into effect on 6 March 2026, including the Rehabilitation, Reintegration and Return‑to‑Work Regulations (RRR2W Regulations). The publication of these regulations follows the proclamation notice in January 2026, which brought into effect various amendments to COIDA. For a recap on these amendments, see our infographic here.

The RRR2W Regulations, which give effect to the new section 70A of COIDA, introduce a comprehensive, collaborative, person‑centred framework aimed at supporting employees who have sustained occupational injuries or contracted occupational diseases to return to the workplace safely and sustainably. We address some of the key features of the RRR2W Regulations below:

Appointment of employee health and wellness representatives 

Employers or employers individually liable must designate a Health and Wellness Representative (H&W Representative) to act as a liaison officer between the Compensation Fund/ Licensee, the affected employees and medical and rehabilitation service providers. ‘Employers individually liable’ are those who, in terms of section 84 of COIDA, are exempt from paying assessments to the Compensation Fund.

The H&W Representatives must possess the requisite knowledge, skills and competencies to exercise the listed functions, including coordinating and monitoring rehabilitation efforts, collaborating with the Rehabilitation Case Manager, accessing medical and rehabilitation reports (with consent), supporting employees, coordinating the provision of assistive devices and technology, and maintaining confidential case files.

Enrolment into Rehabilitation and Return-to-Work Programme

Where an employee suffers a permanent or temporary total disablement because of an occupational injury or disease, the Compensation Fund/ Licensee/ employer individually liable must, with the consent of the employee, provide the employee with access to rehabilitation programmes to assist in restoring the employee’s health, independent living and participation in the labour market and society.

The Compensation Fund/ Licensee/ employer/ employer individually liable may approve the referral for the Rehabilitation, Reintegration and Return-to-Work Programme upon the recommendation of the employer’s H&W Representative or a healthcare service provider. The requirements for enrolment are that the liability for the accident or disease must be duly accepted by the Fund/ Licensee; and the injury must be classified as a temporary and/or permanent disablement as defined in section 1 of COIDA. Before providing rehabilitation, the employee may be required to undergo assessments and cooperate with the Fund/ Licensee/ employer/ employer individually liable, as the case may be, in developing and implementing an individual rehabilitation plan.

Role of Rehabilitation Case Managers

Rehabilitation Case Managers would be appointed by the Compensation Fund/ Licensee to execute a variety of functions, including to set guidelines for referrals of affected employees to the relevant multi-disciplinary rehabilitation team, coordinate multi‑disciplinary interventions, approve rehabilitation plans, track return‑to‑work progress and report on outcomes.

Expanded employer obligations

An employer or employer individually liable must facilitate access to rehabilitation for employees who have sustained or contracted occupational injuries or diseases and assist in their reintegration into the workplace as far as reasonable practicable. In so doing, the employer has a number of obligations, including, among others:

• facilitating required access and assistance to enable a case manager to perform their functions;
• establishing and maintaining a secure and readily accessible data system containing relevant health and rehabilitation information and submitting reporting data on enrolled Rehabilitation, Reintegration and Return-To-Work cases to the Fund/ Licensee in the prescribed manner on an annual basis;
• keeping Rehabilitation, Reintegration and Return-to-Work reports for a period of not less than 30 years;
• including workplace Rehabilitation, Reintegration and Return-to-Work provisions into their applicable human resources policies;
• integrating workplace Rehabilitation, Reintegration and Return-to-Work cases into relevant internal structures to implement and monitor the programme within the workplace;
• facilitating access to vocational guidance, skills development initiatives, and job placement opportunities; and
• providing reasonable accommodation and transitional/temporary work to allow affected employees to work safely in the return-to work process;

In addition, employers may not dismiss an employee based on incapacity, reduce her/his rate of remuneration, or alter terms and conditions to those that are less favourable, as a result of being injured on duty or contracting an occupational disease, without adhering to labour legislation and notifying the Fund/ Licensee of its intention to do so. Should an employee be dismissed, the employer must report this to the Chief Inspector and the Fund/ Licensee in writing, stating the reasons for dismissal Further, the employer is required to notify the Fund/ Licensee in writing about the resumption of duty or inability to retain the employee after reasonable efforts have been made to preserve the employment of the affected employee.

Employer rebate for including Rehabilitation, Reintegration and Return‑to‑Work provisions in HR policies 

An employer may qualify for a section 85(3) rebate if it participates in the rehabilitation of employees and includes its Rehabilitation, Reintegration and Return‑To‑Work procedures into its applicable HR policies. The HR policy provisions must be freely accessible and communicated to all employees in writing and contain certain prescribed features.

Employee obligations in relation to enrolment into Rehabilitation and Return‑to‑Work Programmes

Where affected employees have consented to participate in Rehabilitation, Reintegration and Return-to-Work programmes, they are then required to avail themselves and participate actively. They will be required to return to their pre‑injury roles and perform pre-injury duties, where functionally and medically reasonable; and to accept an offer of reasonable accommodation by the employer (which can include alternative job placement, with or without assistive devices, technology, or duties) where this is part of an agreed Return‑To‑Work plan.

Cost of rehabilitation and compensation benefits

The costs for clinical and social rehabilitative and assistive devices and technology for beneficiaries with a permanent or temporary total disablement shall be borne by the Compensation Fund/ Licensee/ employer individually liable. The costs of non-clinical vocational rehabilitation for employees who returned to work shall, however, be borne by the employer/ employer individually liable, including the costs of reasonable accommodation.

Despite the benefits mentioned above, affected employees would still be entitled to receive compensation benefits payable under the COIDA, with the necessary adjustments as deemed to be equitable in the circumstances of each case.

Key takeaways for employers

With the RRR2W Regulations now in force, employers are encouraged to take steps to put the necessary policies and procedures in place, so that they will be ready to implement the RRR2W Regulations when faced with an occupational injury or disease in the workplace.

Mendel Sass; AmandlakaThixo Magubane and Chloë Loubser

Bowmans

Employee wins over R229 000 against Gold Reef City for whistleblowing

The Labour Court in Johannesburg has ordered Akani Egoli (Pty) Ltd, trading as Gold Reef City, to pay R229 600 in compensation to an employee who was subjected to disciplinary action after exposing irregularities in a recruitment process.

Acting Judge Ndivhuho Tshisevhe found that Lindokuhle Kunene had suffered an occupational detriment after reporting alleged improprieties in the recruitment process.

Kunene, who has been employed as a Marketing Producer since 2021, applied for an Events Manager position advertised in September 2023. He was not shortlisted and was informed that he lacked the required experience.

During a grievance hearing in January 2024, Kunene produced the CV of the successful candidate, Ashleigh Scott-Roux, alleging that she did not meet the minimum requirements set out in the advertisement. He further claimed that the recruitment process had been irregular and that a senior manager, Gareth Kaschule, had improperly influenced the appointment.

Shortly after raising these concerns, Kunene was charged with breaching the Protection of Personal Information Act (POPIA), violating the company’s whistleblowing policy, and committing gross dishonesty in relation to how he obtained the CV. He was ultimately issued with a final written warning. However, Kunene argued that the disciplinary action was retaliation for whistleblowing.

The court had to determine whether:

♦ Kunene made a disclosure as defined in the Protected Disclosures Act (PDA).

♦ The disclosure was protected.

♦ He suffered an occupational detriment.

♦ There was a causal link between the disclosure and the disciplinary action.

Judge Tshisevhe found that Kunene’s disclosure during the grievance process constituted a protected disclosure under the PDA. The court held that an employee need only have a reasonable belief that an impropriety occurred, and is not required to prove the correctness of the information.

The judgment noted inconsistencies in the evidence regarding the qualifications and experience of the appointed candidate. The court described aspects of the recruitment process as “questionable” and criticised the conduct of senior management.

Importantly, the court rejected the employer’s argument that no occupational detriment had occurred because other employees were also disciplined. It found that the disciplinary charges against Kunene flowed directly from his protected disclosure.

“The charges against the applicant were nothing but retaliation for whistleblowing,” the judge said.

Judge Tshisevhe concluded that the protected disclosure was the dominant and proximate cause of the disciplinary action, amounting to an unfair labour practice in terms of the Labour Relations Act.

Although Kunene sought 12 months’ compensation amounting to R344 400, the court awarded eight months’ salary – R229 600 – finding this to be just and equitable in the circumstances.

The court also ordered the company to pay the reasonable litigation-related costs incurred by Kunene, who represented himself.

In its ruling, the court further emphasised the importance of protecting whistleblowers and stated that employers who act inappropriately against them should expect to be sanctioned.

Sinenhlanhla Masilela

The Star Early Edition

Judgment

Court rules against employee claiming unfair dismissal after signing separation agreement

The Labour Appeal Court in Johannesburg has overturned a ruling that found WBHO Construction (Pty) Ltd guilty of unfairly dismissing one of its employees, ruling that the parties had voluntarily entered into a valid mutual separation agreement.

The court upheld WBHO’s appeal and set aside an earlier decision of the Labour Court, which had dismissed the company’s review application and confirmed an arbitration award ordering the reinstatement of grader operator Maswangwandile Mdayi.

Mdayi began working for WBHO in April 2018 as a final level grader operator. In November 2020, the company’s operator training manager, Peter Gray, approached him about the possibility of relocating to Postmasburg in the Northern Cape due to operational needs.

Mdayi declined the transfer, saying he did not want to be away from his family.

The parties later signed a document titled “Mutual Separation Agreement” in December 2020, under which Mdayi received a severance package of more than R181 000.

However, Mdayi subsequently referred an unfair dismissal dispute to the Bargaining Council for the Civil Engineering Industry, arguing that the agreement was effectively a retrenchment disguised as a mutual separation and that proper consultation procedures had not been followed.

An arbitrator agreed with him in May 2021, finding that the company had failed to comply with Section 189 of the Labour Relations Act, which governs retrenchment procedures.

The arbitrator ruled that the dismissal was both procedurally and substantively unfair and ordered his reinstatement.

WBHO challenged the award in the Labour Court, but the court dismissed the review application in July 2024.

It held that the so-called mutual separation agreement could not be used to circumvent retrenchment procedures required by labour law.

However, on appeal, Acting Judge Tebogo Djaje found that the central issue was the validity of the agreement between the parties.

The court concluded that Mdayi had voluntarily accepted the separation package and that there was no evidence that he had been coerced into signing the agreement.

The judge held that once a valid mutual separation agreement exists, it means that no dismissal took place, and therefore the bargaining council lacked jurisdiction to determine an unfair dismissal dispute.

The court also emphasised that there is nothing preventing employers and employees from entering into mutual separation agreements, even where operational requirements are being discussed. |

Sinenhlanhla Masilela

The Star Early Edition

LIQUOR ARTICLES

SOUTH AFRICA

Liquor licence and renewal backlog down to incomplete docs, says Gauteng Liquor Board

Liquor traders in Gauteng are feeling the effects of an increase in licence fees as well as a backlog in obtaining the licences.

A member of the provincial legislature recently highlighted additional administrative burdens in the industry and in the economic development portfolio.

The Gauteng Liquor Board (GLB) has since elaborated on the nature of the complaints, with the Gauteng Liquor Traders Council (GLTC) offering a possible solution.

Lapsing licences 

As well as fee increase, the GLB recently announced that liquor licences would be automatically cancelled should their holders allow them to lapse.

Should the licences lapse, the holders will be forced to reapply, with the cut-off being 1 April.

Licence holders will still have a final grace window, with relevant penalties liable for renewals submitted before a 30 and 60-day deadline.

“This measure aims to strengthen compliance and promote accountability within the liquor industry in Gauteng,” the GLB stated.

GLB Chief Director Crezelda Venter explained the cancelling of lapsed licences was permissible under sections 99 and 100 of the Gauteng Liquor Act and urged traders to comply.

“The GLB has a revenue management policy that was recently reviewed in terms of the Gauteng Liquor Act.

“Licence holders have a period of two months to renew their lapsed licences. After that period, they will be required to submit a new application,” Venter told The Citizen.

Audit of applications

DA shadow economic development MEC Mike Moriarty stated last week that the rush to comply was causing a bottleneck.

“The GLB has a severe backlog in issuing licences and renewals that will lead to job losses. It is also an opportunity for corruption to take place,” said Moriarty.

He added that when coupled with a recent fee hike, the number of unlicensed outlets may increase.

“While many liquor businesses may shut down, others will choose to trade illegally, leading to more unemployment and social risks from illicit traders,” Moriarty explained.

Regarding the licensing backlog, Venter said an audit showed the slow process was caused by the traders themselves.

“The audit found that most of the submitted files were defective in nature, meaning they were incomplete as they would generally have outstanding documents that are vital to ensuring the board is able to make a decision on the application.

“The applicants would’ve been communicated with to submit the outstanding documents. However they would not comply, thus causing the backlog,” said Venter.

She added that all applications were unique and often required verification from Home Affairs, increasing the turnaround time.

New GLB offices

The GLB last year moved to a temporary “overcrowded” premises in Germiston, with Venter stating that an office under the provincial economic development department was being prepared.

“The building is currently undergoing maintenance, however, once that’s complete, the public will be notified of the new address for GLB head office and the Johannesburg regional office,” confirmed Venter.

Another gripe from Moriarty was a commission of inquiry (COI) report into corruption within the GLB, accusing economic development MEC Lebogang Maile of stalling its release.

“The DA has submitted a Promotion of Access to Information Act (PAIA) application to compel MEC Maile to release the findings,” said Moriarty.

Venter clarified, stating, “The MEC plans to release the COI report once it’s finalised. The details will also be shared in due course.”

Shebeen permit scheme

Current liquor licensing fees can cost up to R6 000 per year for small traders and over R10 000 for clubs or micro-manufacturers.

GLTC spokesperson Jongikhaya Kraai pointed out that fees had doubled in recent years, but the GLB was still turning the screw.

“The liquor board has got a collection issue. They are pushing the responsibility to liquor traders by raising the prices.

“The liquor traders will have to show they are responsible, but will also shift that cost to their customers,” he told The Citizen.

Kraai suggested an existing scheme could assist with licence revenue collection.

He explained that a shebeen permit scheme was established roughly 10 years ago to assist informal traders with legalising their operations.

Kraai said an estimated 15 000 of these legitimate permit holders had not been upgraded to full tavern licence status, going against the original objective of the plan.

“Our advice was please can the liquor board go back to rolling out those shebeen licences subject to sections 24 and 25 of the Act.

“We feel that then the liquor board will reach their collection target, other than raising their fees for a space that is saturated,” Kraai concluded.

By Jarryd Westerdale

The Citizen