Picture 1
Alison Lee

Alison Lee

Gazette and Newsflash 06 June – 11 June 2025

Dear Subscribers,

 

Latest Compliance Updates

 Please take note of the following important developments:

  • The Plant Breeders’ Rights Act has officially commenced.
  • The National Nuclear Regulator Amendment Act is now in effect.

 Additionally, a reminder:

Comments on the Electronic Communications Act – Regulations on Dynamic Spectrum Access and Opportunistic Spectrum Management are due by 16:00 today. Please ensure your submissions are made before the deadline.

 

Please see the attached link to a more detailed PDF version of the weekly Gazette and Newsflash for 06 June – 11 June 2025:

 

LC-Gazette and Newsflash 06 – 11 June 2025 

 

 

AGRICULTURE

 

 

Plant Breeders’ Rights Act: Commencement

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act:Exclusion of all unmixed farm feed origination from maize products from operation of certain provisions: Repeal: Comments invited

 

 

 

ELECTRONIC COMMUNICATION

 

 

Electronic Communications Act:Regulations: Dynamic Spectrum Access and Opportunistic Spectrum Management: Extension of deadline for comments

Electronic Communications Act: National Radio Frequency Plan 2025: Extension of deadline for comments

 

ENERGY AND PETROLEUM

 

 

Mineral Resources Development Bill: Draft: Corrections

Electricity Act: License fees payable by licensed generators of electricity

National Nuclear Regulator Amendment Act: Commencement

 

 

ENVIRONMENTAL

 

 

Water Services Act: Compulsory National Water and Sanitation Services Standards: Revised

 

 

Mango Airlines customers offered hope of refunds

Outrage over new aircraft regulations

Mantashe blinks on BEE rule

Draft oil and gas regulations spark climate justice concerns

Advertising board asks MPs to soften vape bill

Sarb sounds alarm on climate risks in insurance sector

 

 

Alison and The Legal Team

 

 

CONTENTS

 

AGRICULTURE

Plant Breeders’ Rights Act: Commencement

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act: Exclusion of all unmixed farm feed origination from maize products from operation of certain provisions: Repeal: Comments invited

 

CUSTOMS, EXCISE AND INTERNATIONAL TRADE ADMINISTRATION

International Trade Administration Act: Initiation of investigation into alleged dumping of 3mm, 4mm, 5mm and 6 mm clear float glass originating in and/or imported from Tanzania

Customs and Excise Act: Amendment to Part 1 of Schedule No. 2 (No. 2/1/80) (English / Afrikaans)

 

ELECTRONIC COMMUNICATION

Electronic Communications Act: Regulations: Dynamic Spectrum Access and Opportunistic Spectrum Management: Extension of deadline for comments

Electronic Communications Act: National Radio Frequency Plan 2025: Extension of deadline for comments

 

ENERGY AND PETROLEUM

Mineral Resources Development Bill: Draft: Corrections

Electricity Act: License fees payable by licensed generators of electricity

National Nuclear Regulator Amendment Act: Commencement

 

ENVIRONMENTAL

Water Services Act: Compulsory National Water and Sanitation Services Standards: Revised

 

FINANCE

South African Reserve Bank Act: Substitution of Schedule 2: Precious metal and commemorative coins and circulation coins

 

LABOUR

Labour Relations Act: Application for variation of registered scope of a bargaining council: Bargaining Council for the Furniture Manufacturing Industry – KwaZulu-Natal: Comments invited

Labour Relations Act: Application for registration of Amalgamation Bargaining Council: National Bargaining Council for the Restaurnt, Catering and Allied Trades: Comments invited: Withdrawal

Labour Relations Act: Registration of trade union: All Sectors and Allied Workers Union of South Africa (ASAWUSA)

 

MEDICAL

Health Professions Act: Regulations: Constitution of the Medical and Dental Professions Board

 

AVIATION ARTICLES

Mango Airlines customers offered hope of refunds

Outrage over new aircraft regulations

 

B-BBEE ARTICLES

Mantashe blinks on BEE rule

 

ENERGY AND PETROLEUM ARTICLES

Draft oil and gas regulations spark climate justice concerns

 

HEALTH AND SAFETY ARTICLES

Advertising board asks MPs to soften vape bill

 

INSURANCE ARTICLES

Sarb sounds alarm on climate risks in insurance sector

 

 

AGRICULTURE

 

 

LAW AND TYPE OF NOTICE

 

Plant Breeders’ Rights Act: Commencement

 

G 52814 GoN 6285

 

06 June 2025

 

 

APPLIES TO: 

 

1. Plant Breeders and Research Institutions

  • Public and private breeders (e.g., agricultural research councils, universities, biotech companies) are directly affected as the Act provides them with exclusive rights over new plant varieties they develop.
  • These rights include the ability to license the use of their varieties and collect royalties.

 

2. Seed Companies

  • Commercial seed producers and distributors must comply with licensing requirements and pay royalties for protected varieties.
  • They are also responsible for ensuring that the seeds they sell are certified and legally sourced.

 

3. Farmers

  • Commercial farmers may need to pay royalties or obtain licenses to use protected varieties.
  • Smallholder and subsistence farmers are affected in more complex ways. While the Act includes exceptions for farmers’ rights, there are concerns about how these exceptions are implemented, especially regarding seed saving and sharing

 

4. Government and Regulatory Bodies

  • The Department of Agriculture, Land Reform and Rural Development (DALRRD) is responsible for implementing and enforcing the Act.
  • Regulatory bodies must manage the registration, examination, and granting of plant breeders’ rights.

 

5. Non-Governmental Organizations (NGOs) and Advocacy Groups

  • Organizations advocating for food sovereignty, biodiversity, and farmers’ rights (like the African Centre for Biodiversity) are involved in monitoring the Act’s impact and pushing for inclusive regulations

 

6. Legal and Intellectual Property Firms

  • These firms assist breeders and companies in filing applicationsenforcing rights, and resolving disputes related to plant variety protection.

 

 

 

FULL TEXT

 

DETAILS

 

 

The Act is available on The Legal Team here:

 

PLANT BREEDERS’ RIGHTS ACT NO. 15 OF 1976 read with the PLANT BREEDERS’ RIGHTS ACT NO. 12 OF 2018

The Act provides for a system where plant breeders’ rights relating to varieties of certain kinds of plants may be granted.

 

 

 

LINK TO FULL NOTICE

 

Plant Breeders’ Rights Act: Commencement

G 52814 GoN 6285

06 June 2025

 

52814gon6285.pdf

 

 

 

LAW AND TYPE OF NOTICE

 

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act:

 

Exclusion of all unmixed farm feed origination from maize products from operation of certain provisions: Repeal: Comments invited

 

G 52814 GoN 6284

 

– Comment by 06 Jul 2025

 

06 June 2025

 

 

APPLIES TO: 

 

1.     Agricultural Input Suppliers:

·       Companies that manufacture, import, or distribute fertilizersfarm feedspesticides, and veterinary remedies.

 

2.     Commercial Farmers and Agribusinesses:

·       Especially those who rely on regulated agricultural remedies and inputs for crop and livestock production.

 

3.     Veterinary and Animal Health Companies:

·       Businesses involved in the production or sale of stock remedies.

 

4.     Regulatory and Compliance Consultants:

·       Professionals and firms that assist agricultural businesses in complying with South African agricultural laws and regulations.

 

5.     Research Institutions and Laboratories:

·       Especially those involved in testing or developing agricultural inputs that fall under the scope of the Act.

 

6.     Retailers and Cooperatives:

·       Entities that sell agricultural inputs to farmers and may need to adjust their product offerings or labeling practices.

 

 

 

FULL TEXT

 

DETAILS

 

 

Link to Notice in The Legal Team.

 

004 GNR.1449 of 1 July 1983

Registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilising plants

 

 

 

LINK TO FULL NOTICE

 

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act: Exclusion of all unmixed farm feed origination from maize products from operation of certain provisions: Repeal: Comments invited

G 52814 GoN 6284

– Comment by 06 Jul 2025

06 June 2025

 

52814gon6284.pdf

 

 

ACTION

 

Ensure that you submit your comments before 06 July 2025

 

CUSTOMS, EXCISE AND INTERNATIONAL TRADE ADMINISTRATION

 

 

LAW AND TYPE OF NOTICE

 

International Trade Administration Act:

 

Initiation of investigation into alleged dumping of 3mm, 4mm, 5mm and 6 mm clear float glass originating in and/or imported from Tanzania

 

G 52814 GeN 3263

 

06 June 2025

 

 

APPLIES TO: 

 

1. Domestic Manufacturers (SACU Region)

  • Example: PFG Building Glass (Pty) Ltd (the applicant)
  • Impact: These companies may benefit from the investigation if anti-dumping duties are imposed, as it could reduce unfair competition and help stabilize prices and market share.

 

2. Importers and Distributors

  • Who: Businesses that import clear float glass from Tanzania into SACU countries (South Africa, Botswana, Namibia, Lesotho, Eswatini)
  • Impact: They may face higher costs if duties are imposed, and could need to find alternative suppliers or renegotiate contracts.

 

3. Exporters and Manufacturers in Tanzania

  • Impact: These companies may be subject to anti-dumping duties, which could reduce their competitiveness in the SACU market and affect export volumes.

 

4. Construction and Real Estate Companies

  • Impact: These sectors rely heavily on float glass for windows, facades, and interiors. Price increases or supply disruptions could affect project costs and timelines.

 

5. Retailers and Wholesalers of Glass Products

  • Impact: Businesses selling glass products may experience price volatility or supply chain adjustments, especially if they rely on Tanzanian imports.

 

6. Trade and Industry Associations

  • Impact: These bodies may need to represent their members’ interests in the investigation, provide data, or advocate for or against duties.

 

7. Legal and Trade Consultants

  • Impact: Law firms and consultants specializing in trade remedies may be engaged to assist stakeholders in preparing submissions or navigating the investigation process.

 

 

SUMMED UP

 

Subject of Investigation

  • Product: Clear float glass (3mm–6mm thick)
  • Tariff subheadings: 7005.29.17, 7005.29.23, 7005.29.25, 7005.29.35
  • Origin: United Republic of Tanzania

 

 

 

 

Applicant

  • Company: PFG Building Glass (Pty) Ltd
  • Allegation: Dumping of glass products from Tanzania is causing or threatening to cause material injury to the Southern African Customs Union (SACU) industry.

 

Dumping Allegations

  • Basis: Comparison of domestic prices in Tanzania vs. export prices to SACU.
  • Dumping margins:
    • 3mm: 48.49%
    • 4mm: 51.96%
    • 5mm: 44.20%
    • 6mm: 40.44%

 

Material Injury Indicators

  • Price depression, suppression, undercutting
  • Decline in sales volume, profit, output, market share, productivity
  • Reduced return on investment, capacity utilization, cash flow, and growth

 

Investigation Periods

  • Dumping margin: 1 Dec 2023 – 30 Nov 2024
  • Material injury: 1 Dec 2021 – 30 Nov 2024 (focus on 2023–2024)

 

Procedures

  • Interested parties (importers, exporters, associations) must respond within 30 days of the notice or the accompanying letter.
  • Confidential information must be submitted with a non-confidential version.
  • Late submissions require prior written consent and justification.
  • Oral hearings may be requested with proper justification.

 

Contact & Submission

 

 

 

FULL TEXT

 

DETAILS

 

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

 

NOTICE 3263 OF 2025

 

INTERNATIONAL TRADE ADMINISTRATION COMMISSION

 

NOTICE OF INITIATION OF THE INVESTIGATION INTO THE ALLEGED DUMPING OF 3MM, 4MM, 5MM AND 6MM CLEAR FLOAT GLASS, CLASSIFIABLE UNDER TARIFF SUBHEADINGS 7005.29.17, 7005.29.23, 7005.29.25 AND 7005.29.35, ORIGINATING IN AND/OR IMPORTED FROM THE UNITED REPUBLIC OF TANZANIA

 

The International Trade Administration Commission of South Africa (“the Commission”) decided to proceed with an investigation into the alleged dumping of 3mm, 4mm, 5mm and 6mm clear float glass, classifiable under tariff subheadings 7005.29.17, 7005.29.23, 7005.29.25 and 7005.29.35 (“clear float glass” or “the subject product”) originating in and/or imported from the United Republic of Tanzania (“Tanzania).

 

 

 

THE APPLICANT

 

The Application was lodged by PFG Building Glass (Pty) Ltd. The Applicant submitted an application to the Commission alleging that clear float glass originating in or imported from Tanzania is being dumped on the Southern African Customs Union(“SACU”), causing material injury and a threat of material injury to the SACU market. The Applicant submitted sufficient evidence and established a prima facie case to enable the Commission to arrive to a reasonable conclusion that an investigation should be initiated based on dumping, material injury, threat of material injury and a causal link between the alleged dumped imports and the material injury and the threat of material injury experienced by the SACU Industry.

 

THE PRODUCT

 

The product allegedly being dumped is clear float glass of a thickness of 3mm, 4mm, 5mm and 6mm, classifiable under tariff subheadings 7005.29.17, 7005.29.23, 7005.29.25 and 7005.29.35 originating in or imported from Tanzania.

 

 

THE ALLEGATION OF DUMPING

 

The allegation of dumping is based on the comparison between the normal value and the export price from Tanzania. The normal value for the subject product was determined based on a price quotation from Tanzania’s domestic market. The export prices were determined based on import statistics from the South African Revenue Services (SARS). These prices were adjusted with 5 percent of the average ex-factory price. On this basis, the Commission found that there was prima facie proof of dumping of the subject products from Tanzania. The dumping margins were calculated as follows:

 

 

THE ALLEGATION OF MATERIAL INJURY, THREAT OF MATERIAL INJURY AND CAUSAL LINK

 

The Applicant submitted evidence indicating that it experienced material injury in the form of the following injury indicators; price depression, price suppression, price undercutting, sales volumes, profit, output volumes, market share, productivity, return on investment, capacity utilisation, cashflows and growth since imports of the subject product entered the SACU market in the period beginning 1 December 2023 and ending 30 November 2024.

 

The Applicant alleged that a threat of material injury exist and submitted prima facie evidence with regards to the freely disposable capacity of the exporters, significant increase of the alleged dumped imports, the state of the economy in Tanzania and prices of imports which will have a significant depressing or suppressing effect on SACU domestic prices .

 

Further to that, the Applicant provided sufficient evidence to demonstrate that the material injury and the threat of material injury experienced by it can be linked to the alleged dumped imports.

 

On this basis the Commission found that there was prima facie proof of material injury, threat of material injury and a causal link between the imported product and the material injury and threat of material injury experienced by the SACU Industry.

 

PERIOD OF INVESTIGATION

 

The period of investigation for purposes of determining the dumping margin is 01 December 2023 to 30 November 2024. The period of investigation for purposes of determining material injury is 01 December 2021 to 30 November 2024. Although the Applicant submitted material injury information for the period 01 December 2021 to 30 November 2024, the Commission placed reliance on and considered the material injury information for the period 01 December 2023 to 30 November 2024 when imports of the subject product entered the SACU market.

 

 

PROCEDURAL FRAMEWORK

 

Having decided that there is sufficient evidence and a prima facie case to justify the initiation of an investigation, the Commission has begun an investigation in terms of section 16 of the International Trade Administration Act, 2002 (the ITA Act). The Commission will conduct its investigation in accordance with the relevant sections of the ITA Act and the Anti-Dumping Regulations of the International Trade Administration Commission of South Africa (ADR). Both the ITA Act and the ADR are available on the Commission’s website (www.itac.org.za) or from the Trade Remedies section, on request.

 

In order to obtain the information, it deems necessary for its investigation, the Commission will send non-confidential versions of the application and questionnaires to all known importers and exporters and known representative associations. The trade representatives of the exporting countries have also been notified. Importers, exporters and other interested parties are invited to contact the Commission as soon as possible in order to determine whether they have been listed and were furnished with the relevant documentation. If not, they should immediately ensure that they are sent copies. The questionnaire has to be completed, and any other representations must be made within the time limit set out below.

 

CONFIDENTIAL INFORMATION

 

 Please note that if any information is considered to be confidential then a non-confidential version of the information must be submitted for the public file, simultaneously with the confidential version. In submitting a non-confidential version, the following rules are strictly applicable, and parties must indicate:

 

·       where confidential information has been omitted and the nature of such information;

·       reasons for such confidentiality;

·       a summary of the confidential information which permits a reasonable understanding of the substance of the confidential information; and

·       In exceptional cases, where information is not susceptible to summary, a sworn affidavit setting out the reasons why it is impossible to comply should be provided.

 

A sworn affidavit is defined as a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant’s signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings.

 

This rule applies to all parties and to all correspondence with and submissions to the Commission, which unless indicated to be confidential and filed together with a non-confidential version, will be placed on the public file and be made available to other interested parties.

 

If a party considers that any document of another party, on which that party is submitting representations, does not comply with the above rules and that such deficiency affects that party’s ability to make meaningful representations, the details of the deficiency and the reasons why that party’s rights are so affected must be submitted to the Commission in writing forthwith (and at the latest 14 days prior to the date on which that party’s submission is due). Failure to do so timeously will seriously hamper the proper administration of the investigation, and such party will not be able to subsequently claim an inability to make meaningful representations on the basis of the failure of such other party to meet the requirements.

 

Subsection 33(1) of the ITA Act provides that any person claiming confidentiality of information should identify whether such information is confidential by nature or is otherwise confidential and, any such claims must be supported by a written statement, in each case, setting out how the information satisfies the requirements of the claim to confidentiality. In the alternative, a sworn statement should be made setting out reasons why it is impossible to comply with these requirements.

 

Section 2.3 of the ADR provides as follows:

 

“The following list indicates “information that is by nature confidential” as per section 33(1)

(a) of the Main Act, read with section 36 of the Promotion of Access to Information Act (Act 2 of 2000): (a)management accounts;

(b)financial accounts of a private company;

(c)actual and individual sales prices;

(d)actual costs, including cost of production and importation cost;

(e)actual sales volumes;

(f)individual sales prices;

(g)information, the release of which could have serious consequences for the person that provided such  information; and

(h) information that would be of significant competitive advantage to a competitor; Provided that a party submitting such information indicates it to be confidential.”

 

ADDRESS

 

The response to the questionnaire and any information regarding this matter and any arguments concerning the allegation of dumping and the resulting material injury and threat of material injury must be submitted in writing to the following address:

 

 

PROCEDURES AND TIME LIMITS

 

All responses, including non-confidential copies of the responses, should be received by the Senior Manager: Trade Remedies I not later than 30 days from the date hereof, or from the date on which the letter accompanying the abovementioned questionnaire was received. The said letter shall be deemed to have been received seven days after the day of its dispatch.

 

Late submissions will not be accepted except with the prior written consent of the Commission. The Commission will give due consideration to written requests for an extension of not more than 14 days on good cause shown (properly motivated and substantiated), if received prior to the expiry of the original 30-day period. Merely citing insufficient time is not an acceptable reason for extension. Please note that the Commission will not consider requests for extension by the Embassies on behalf of exporters.

 

The information submitted by any party may need to be verified by the Investigating Officers in order for the Commission to take such information into consideration. The Commission may verify the information at the premises of the party submitting the information, within a short period after the submission of the information to the Commission. Parties should therefore ensure that the information submitted will subsequently be available for verification. It is planned to do the verification of the information submitted by the exporters within three to five weeks subsequent to submission of the information. This period will only be extended if it is not feasible for the Commission to do it within this time period or upon good cause shown, and with the prior written consent of the Commission, which should be requested at the time of the submission. It should be noted that unavailability of, or inconvenience to consultants will not be considered to be good cause.

 

Parties should also ensure when they engage consultants that they will be available at the requisite times, to ensure compliance with the above time frames. Parties should also ensure that all the information requested in the applicable questionnaire is provided in the specified detail and format. The questionnaires are designed to ensure that the Commission is provided with all the information required to make a determination in accordance with the rules of the ADR. The Commission may therefore refuse to verify information that is incomplete or does not comply with the format in the questionnaire, unless the Commission has agreed in writing to a deviation from the required format. A failure to submit an adequate non-confidential version of the response that complies with the rules set out above under the heading Confidential Information will be regarded as an incomplete submission.

 

Parties, who experience difficulty in furnishing the information required, or submitting in the format required, are therefore urged to make written applications to the Commission at an early stage for permission to deviate from the questionnaire or provide the information in an alternative format that can satisfy the Commission’s requirements. The Commission will give due consideration to such a request on good cause shown.

 

Any interested party may request an oral hearing at any stage of the investigation in accordance with Section 5 of the ADR, provided that the party indicates reasons for not relying on written submission only. The Commission may refuse an oral hearing if granting such hearing will unduly delay the finalisation of a determination. Parties requesting an oral hearing shall provide the Commission with a detailed agenda for, and a detailed version, including a non-confidential version, of the information to be discussed at the oral hearing at the time of the request.

 

If the required information and arguments are not received in a satisfactory form within the time limit specified above, or if verification of the information cannot take place, the Commission may disregard the information submitted and make a finding on the basis of the facts available to it.

 

Should you have any queries, please do not hesitate to contact the following investigating officers: Ms Mosa Sebe at Msebe@itac.org.za and Mr Brian Same at BSame@itac.org.za.

 

 

 

LINK TO FULL NOTICE

 

International Trade Administration Act: Initiation of investigation into alleged dumping of 3mm, 4mm, 5mm and 6 mm clear float glass originating in and/or imported from Tanzania

G 52814 GeN 3263

06 June 2025

 

52814gen3263.pdf

 

 

 

LAW AND TYPE OF NOTICE

 

Customs and Excise Act:

 

Amendment to Part 1 of Schedule No. 2 (No. 2/1/80)

 

G 52812 RG 11843 GoN 6283

 

06 June 2025

 

 

APPLIES TO: 

 

1. Tyre Importers and Distributors

  • Companies that import tyres from China will be directly affected by the anti-dumping duties imposed.
  • They will need to adjust pricingreassess supplier relationships, or seek alternative sources.

 

2. Automotive Retailers and Wholesalers

  • Businesses that sell tyres to consumers or garages may face higher costs and supply chain disruptions.
  • They may need to pass on costs to customers or diversify their product offerings.

 

3. Chinese Tyre Manufacturers and Exporters

  • Specific manufacturers named in the notice face varying duty rates, while others face a blanket 41.47% duty.
  • This could reduce their competitiveness in the South African market.

 

4. Automotive Service Providers

  • Workshops, garages, and tyre fitment centers may experience price increases or limited availability of certain tyre brands and sizes.

 

5. Customs Brokers and Freight Forwarders

  • These entities must ensure compliance with the updated tariff codes and calculate duties accurately for their clients.

 

6. Regulatory and Trade Compliance Teams

  • Companies with international trade operations will need to update internal systems and train staff on the new duty structure.

 

7. Tax and Legal Advisors

  • Professionals advising on customs, excise, and trade law will need to interpret and apply these changes for clients.

 

 

 

SUMMED UP

 

  • The amendment lists specific Chinese tyre manufacturers and assigns anti-dumping duty rates for tyres based on:
    • Rim size (e.g., 13″, 14″, 15″, 16″, 17″, 20″+)
    • Vehicle type (motor cars, buses, lorries)
    • Load index (for buses/lorries)

 

  • Anti-dumping duties range from 7.18% to 43.6%, depending on the manufacturer.
  • default rate of 41.47% applies to tyres from all other producers/exporters not explicitly listed.

 

 

 

FULL TEXT

 

DETAILS

 

To access the full notice, please click the link below.

 

 

LINK TO FULL NOTICE

 

Customs and Excise Act: Amendment to Part 1 of Schedule No. 2 (No. 2/1/80) (English / Afrikaans)

G 52812 RG 11843 GoN 6283

06 June 2025

 

52812rg11843gon6283.pdf

 

 

 

ACTION

 

1. Importers and Distributors

 

Actions Required:

  • Review the updated duty rates for each Chinese tyre manufacturer listed.
  • Recalculate landed costs to include the applicable anti-dumping duties.
  • Update contracts and pricing with suppliers and customers.
  • Consider alternative sourcing from countries or manufacturers not subject to duties.

 

2. Retailers and Wholesalers

 

Actions Required:

  • Adjust retail pricing to reflect increased import costs.
  • Communicate changes to customers and partners.
  • Monitor inventory to manage stock levels of affected products.

 

 

3. Chinese Manufacturers and Exporters

 

Actions Required:

  • Assess competitiveness in the South African market under the new duties.
  • Engage with South African partners to discuss pricing strategies.
  • Explore legal or trade remedies if they believe the duties are unjustified.

 

4. Customs Brokers and Freight Forwarders

 

Actions Required:

  • Ensure accurate classification of tyres under the correct tariff headings.
  • Apply the correct anti-dumping duty rates during customs clearance.
  • Advise clients on documentation and compliance requirements.

 

5. Automotive Service Providers

 

Actions Required:

  • Prepare for potential price increases in tyre procurement.
  • Inform customers about changes in tyre availability or pricing.

 

 6. Legal and Compliance Teams

 

Actions Required:

  • Update internal compliance systems to reflect the new duty structure.
  • Train staff on the implications of the amended schedule.
  • Monitor for future updates or legal challenges to the duties.

 

 

 

ELECTRONIC COMMUNICATION

 

 

LAW AND TYPE OF NOTICE

 

Electronic Communications Act: Regulations:

 

Dynamic Spectrum Access and Opportunistic Spectrum Management: Extension of deadline for comments

 

G 52811 GoN 6280

 

– Comment by 13 Jun 2025

 

04 June 2025

 

 

APPLIES TO: 

 

1.Telecommunications Operators

  • Mobile network operators (MNOs) and Internet service providers (ISPs) that rely on spectrum access for delivering wireless broadband services.
  • These regulations may open up new opportunities for shared or secondary spectrum use, but also introduce compliance obligations.

 

2. Technology and Equipment Manufacturers

  • Companies that design and produce wireless communication devices, such as routers, base stations, and IoT devices, must ensure their products comply with dynamic access protocols and interference management standards.

 

3. Broadcasters and Satellite Service Providers

  • Especially those using the C-band (3800–4200 MHz), which overlaps with satellite downlink frequencies.
  • They may need to coordinate with opportunistic users to avoid harmful interference.

 

4. Research Institutions and Universities

  • Entities conducting spectrum researchwireless innovation, or experimental trials will be impacted by the new framework for licensing trials and experiments.

 

5. Government and Public Sector Agencies

  • Departments involved in public safety communicationsdefense, or national infrastructure may need to assess how opportunistic access affects their spectrum use.

 

6. Startups and Innovation Hubs

  • Especially those developing wireless techsmart city solutions, or IoT platforms that could benefit from non-exclusive, dynamic spectrum access.

 

7. Spectrum Database Administrators and Consultants

  • Organizations involved in spectrum managementregulatory compliance, or database coordination will play a key role in implementing and supporting the new access model.
 

FULL TEXT

 

DETAILS

 

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA

 

NO. 6280 4 June 2025

 

PURSUANT TO SECTION 4 (1) OF THE ELECTRONIC COMMUNICATIONS ACT 2005, (ACT NO. 36 OF 2005)

 

THE INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA HEREBY ISSUES A NOTICE REGARDING AN EXTENSION TO THE CLOSING DATE OF WRITTEN REPRESENTATIONS ON THE DRAFT REGULATIONS FOR DYNAMIC SPECTRUM ACCESS AND OPPORTUNISTIC SPECTRUM MANAGEMENT

 

1. The Independent Communications Authority of South Africa (“ICASA / the Authority”), hereby publishes a notice to extend the closing date for written representations to the Draft Regulations on Dynamic Spectrum Access and Opportunistic Spectrum Management published in Government Gazette No. 52415 (Notice No. 6066 of 2025).

 

2. Interested persons are invited to submit their written representations, including an electronic version of the representation in both Microsoft Word PDF, to the Authority by no later than 16h00 on Friday 13 June 2025.

 

3. Persons submitting written representations may indicate whether they require an opportunity to make oral representations during the public hearings to be held by the Authority.

 

4. Written representations and or enquiries may be directed to:

 

ICASA

350 Witch-Hazel Avenue

Eco Point Office Park

Centurion

0187

Private Bag X10

Highveld Park

0169

 

Attention: Ms Pumla Ntshalintshali

Per Email: pntshalintshali@icasa.org.za

 

And

 

Mr Manyaapelo Richard Makgotlho

Per E-mail: rmakgotlho@icasa.org.za

 

5. All written representations submitted to the Authority pursuant to this notice shall be made available for inspection by interested persons from 20 June 2025 at the ICASA Library or and copies of such representations and documents will be obtainable on payment of a fee.

 

6. The draft Regulations on Dynamic Spectrum Access and Opportunistic Spectrum Management and representations will be uploaded Authority’s website.

 

7. Where persons making representations require that their representation or part thereof be treated as confidential, then an application in terms of section 4D of the ICASA Act, 2000 (Act No. 13 of 2000) must be lodged with the Authority. Such an application must be submitted simultaneously with the representation on the draft plan. All confidential material must be pasted onto a separate annexure which is clearly marked as “Confidential”. If, however, the request for confidentiality is not granted, the person making the request will be allowed to withdraw the representation or document in question. The guidelines for confidentiality request are contained in Government Gazette No. 41839 (Notice No. 849 of 2018).

 

LINK TO FULL NOTICE

 

Electronic Communications Act: Regulations: Dynamic Spectrum Access and Opportunistic Spectrum Management: Extension of deadline for comments

G 52811 GoN 6280

– Comment by 13 Jun 2025

04 June 2025

 

52527gon6280.pdf

 

 

ACTION

 

Ensure that you submit your comments before 13 June 2025 at 16:00

 

 

 

LAW AND TYPE OF NOTICE

 

Electronic Communications Act: National Radio Frequency Plan 2025:

 

Extension of deadline for comments

 

G 52811 GoN 6281

 

– Comment by 20 Jun 2025

 

04 June 2025

 

 

APPLIES TO: 

 

 

1.Telecommunications Operators

  • Mobile network operators (MNOs) and Internet service providers (ISPs) that rely on spectrum access for delivering wireless broadband services.
  • These regulations may open up new opportunities for shared or secondary spectrum use, but also introduce compliance obligations.

 

2. Technology and Equipment Manufacturers

  • Companies that design and produce wireless communication devices, such as routers, base stations, and IoT devices, must ensure their products comply with dynamic access protocols and interference management standards.

 

3. Broadcasters and Satellite Service Providers

  • Especially those using the C-band (3800–4200 MHz), which overlaps with satellite downlink frequencies.
  • They may need to coordinate with opportunistic users to avoid harmful interference.

 

4. Research Institutions and Universities

  • Entities conducting spectrum researchwireless innovation, or experimental trials will be impacted by the new framework for licensing trials and experiments.

 

5. Government and Public Sector Agencies

  • Departments involved in public safety communicationsdefense, or national infrastructure may need to assess how opportunistic access affects their spectrum use.

 

6. Startups and Innovation Hubs

  • Especially those developing wireless techsmart city solutions, or IoT platforms that could benefit from non-exclusive, dynamic spectrum access.

 

7. Spectrum Database Administrators and Consultants

Organizations involved in spectrum managementregulatory compliance, or database coordination will play a key role in implementing and supporting the new access model.

 

 

FULL TEXT

 

DETAILS

 

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA

 

NO. 6281 4 June 2025

 

PURSUANT TO SECTION 4 (1) OF THE ELECTRONIC COMMUNICATIONS ACT 2005, (ACT NO. 36 OF 2005)

 

 

THE INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA HEREBY ISSUES A NOTICE REGARDING AN EXTENSION TO THE CLOSING DATE FOR WRITTEN REPRESENTATIONS ON THE DRAFT NATIONAL RADIO FREQUENCY PLAN.

 

1. On 04 April 2025, the Independent Communications Authority of South Africa (“ICASA / the Authority”), published the Draft National Radio Frequency Plan 2025 in Government Gazette 52449 (Notice, 3109 of 2025).

 

2. Interested persons were invited to submit their written representations, including an electronic version of the representation in Microsoft Word, to the Authority by no later than 16:00 on Friday 30 May 2025.

 

3. The Authority received and considered requests from stakeholders to extend the deadline for the submission of written representations.

 

4. The Authority hereby extends the closing date for the submission of written representations to 13 June 2025, no later than 16:00.

 

5. It should be noted that the Authority will not consider any further requests for extension.

 

6. Persons submitting written representations may indicate whether they require an opportunity to make oral representations during the public hearings to be held by the Authority.

 

7. The public hearings will be scheduled as appropriate.

 

8. Written representations and or enquiries may be directed to:

 

ICASA

350 Witch-Hazel Avenue

Eco Point Office Park

 

Centurion

Private Bag X10

Highveld Park

0169

 

Attention: Mr Davis Kgosimolao Moshweunyane

Email: dmoshweunyane@icasa.org.za

 

And

 

Mr Manyaapelo Richard Makgotlho

e-mail: rmakgotlho@icasa.org.za

 

9. All written representations submitted to the Authority pursuant to this notice shall be made available for inspection by interested persons from 20 June 2025 at the ICASA Library. Such representations and documents will be obtainable on payment of a fee.

 

10. The draft National Radio Frequency Plan and representations will be uploaded Authority’s website.

 

11. Where persons making representations require that their representation or part thereof be treated as confidential, then an application in terms of section 4D of the ICASA Act, 2000 (Act No. 13 of 2000) must be lodged with the Authority. Such an application must be submitted simultaneously with the representation on the draft plan. All confidential material must be pasted onto a separate annexure which is clearly marked as “Confidential”. If, however, the request for confidentiality is not granted, the person making the request will be allowed to withdraw the representation or document in question.

 

12. The guidelines for confidentiality request are contained in Government Gazette Number 41839 (Notice 849 of 2018).

 

LINK TO FULL NOTICE

 

Electronic Communications Act: National Radio Frequency Plan 2025: Extension of deadline for comments

 

G 52811 GoN 6281

– Comment by 20 Jun 2025

04 June 2025

 

52811gon52811.pdf

 

 

ACTION

 

Please ensure that you submit your comments before 20 June 2025

 

 

ENERGY AND PETROLEUM

 

 

LAW AND TYPE OF NOTICE

 

Mineral Resources Development Bill:

 

Draft: Corrections

 

G 52842 GoN 6298

 

09 June 2025

 

 

APPLIES TO: 

 

1. Mining Companies

  • Both large-scale and small-scale mining operations will be directly affected by changes in licensing, compliance, and beneficiation requirements.
  • The bill emphasizes local beneficiation, which may require mining companies to process minerals within South Africa rather than exporting raw materials.

 

2. Petroleum and Energy Companies

  • Entities involved in oil and gas explorationrefining, and distribution will be subject to new regulatory frameworks, especially under the newly launched South African National Petroleum Company (SANPC).

 

3. Independent Power Producers (IPPs)

  • The bill supports the Independent Transmission Programme, which aims to unlock private investment in energy infrastructure, particularly in renewables and battery storage.

 

4. Environmental and Community Advocacy Groups

  • The bill includes provisions for environmental sustainability and community engagement, which will affect how mining and energy projects are approved and monitored.

 

5. Financial Institutions and Investors

  • With new financial instruments and incentives being introduced, banks and investment firms involved in resource-based projects will need to align with the updated legal and compliance frameworks.

 

6. Research and Development Institutions

  • The bill promotes R&D in critical minerals and metals, encouraging partnerships between government, academia, and industry.

 

 

 

SUMMED UP

 

Mining Companies

  • Stricter Licensing and Compliance: The bill introduces more rigorous requirements for obtaining and maintaining mining rights, including clearer environmental and social obligations.
  • Local Beneficiation Mandates: Companies may be required to process minerals locally before export, promoting industrialization but potentially increasing operational costs.
  • Transparency and Accountability: Enhanced reporting obligations and public disclosure of mining activities aim to curb corruption and improve governance.

 

Petroleum and Energy Companies

  • Creation of SANPC: The South African National Petroleum Company (SANPC) will centralize state interests in petroleum, potentially reshaping how exploration and production rights are allocated and managed.
  • Energy Security Focus: Companies will need to align with national strategies for energy independence and resilience, including investment in infrastructure and local supply chains.

 

Independent Power Producers (IPPs)

  • Independent Transmission Programme: This initiative opens up the national grid to private investment, offering new opportunities for IPPs, especially in renewables and battery storage.
  • Grid Access and Regulation: IPPs will benefit from clearer rules on grid access but must comply with new technical and environmental standards.

 

Environmental and Community Advocacy Groups

  • Stronger Environmental Safeguards: The bill reinforces environmental impact assessments and community consultation processes.
  • Community Benefit Schemes: Mining and energy projects must include tangible benefits for local communities, such as job creation, infrastructure, or equity participation.

 

Financial Institutions and Investors

  • New Financial Instruments: The bill supports innovative financing models for mining and energy projects, including green bonds and blended finance.
  • Risk and Compliance: Investors will need to assess regulatory risks more carefully, especially around ESG (Environmental, Social, and Governance) compliance.

 

Research and Development Institutions

  • Support for Innovation: The bill encourages R&D in critical minerals, clean energy, and sustainable mining practices, potentially unlocking funding and partnerships.
  • Collaboration Incentives: Institutions may benefit from government-backed initiatives to foster collaboration between academia, industry, and government.

 

 

 

FULL TEXT

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Mineral Resources Development Bill: Draft: Corrections

G 52842 GoN 6298

09 June 2025

 

52842gon6298.pdf

 

 

ACTION

 

Public comments on the Draft Mineral Resources Development Bill, 2025 are due by Wednesday, 13 August 2025 at 12:00 PM

 

 

 

LAW AND TYPE OF NOTICE

 

Electricity Act:

 

License fees payable by licensed generators of electricity

 

G 52814 GoN 6287

 

06 June 2025

 

 

APPLIES TO: 

 

  • Independent power producers (IPPs),
  • State-owned electricity utilities like Eskom (if licensed under this framework),
  • Private companies operating renewable energy plants (solar, wind, hydro, etc.),
  • Industrial facilities with large-scale generation for grid supply.

 

 

FULL TEXT

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Electricity Act: License fees payable by licensed generators of electricity

G 52814 GoN 6287

06 June 2025

 

52814gon6287.pdf

  

 

ACTION

 

Ensure that you take notice of the proposed fees

 

 

LAW AND TYPE OF NOTICE

 

National Nuclear Regulator Amendment Act: Commencement

 

G 52810

 

P 266

 

04 June 2025

 

 

APPLIES TO: 

 

1. Government Agencies

  • National Nuclear Security Administration (NNSA): Central to the Act, responsible for managing the U.S. nuclear weapons stockpile, nonproliferation, and naval reactors.
  • Department of Energy (DOE): Oversees the NNSA and other nuclear-related programs.
  • Regulatory bodies such as the Nuclear Regulatory Commission (NRC), which may be involved in oversight and compliance.

 

2. Defense and Military Organizations

  • Department of Defense (DoD): Collaborates with NNSA on nuclear deterrence and modernization.
  • U.S. Strategic Command (USSTRATCOM): Plays a role in operational planning and deployment of nuclear forces.

 

3. Contractors and Private Sector Partners

  • Companies that design, manufacture, or maintain nuclear weapons components.
  • Engineering and construction firms involved in building or upgrading nuclear facilities.
  • Technology and software providers supporting risk management, logistics, and security systems.

 

4. National Laboratories and Research Institutions

  • Labs like Los Alamos, Sandia, and Lawrence Livermore are deeply involved in nuclear research, weapons development, and safety protocols.
  • Universities and think tanks conducting nuclear policy and security research.

 

5. Supply Chain and Industrial Base

  • Suppliers of specialized materials, components, and equipment used in nuclear systems.
  • Transportation and logistics companies handling sensitive nuclear materials.

 

6. Oversight and Accountability Bodies

  • Government Accountability Office (GAO): Monitors and reports on NNSA’s performance and risk management
  • Congressional committees that legislate and oversee nuclear policy and funding.
 

SUMMED UP

 

Key Sections Effective from 4 June 2025

 

Section 1 – Definitions

  • Numerous new definitions were added (e.g., activityauthorisationnuclear damageemergency preparedness, etc.).
  • Several outdated terms were deleted or replaced to align with international standards.

 

Section 2 – Application of the Act

  • Expanded to include:
    • Aircrew exposure to cosmic radiation,
    • Military decontamination and decommissioning,
    • Pre-construction activities,
    • Broader radiation-related activities.

 

Section 3 to 8 – Governance

  • Re-establishment and restructuring of the National Nuclear Regulator.
  • Enhanced roles for the BoardCEO, and staff.
  • Introduction of co-operative governance with other state entities.

 

Section 20 to 28 – Authorisations

  • New categories of authorisations introduced:
    • Nuclear site licence
    • Nuclear vessel licence
    • Authorisation to manufacture

 

  • Expanded compliance and application procedures.
  • Introduction of financial responsibilities for decommissioning (Section 26A).

 

Section 29 to 35 – Liability and Compensation

  • Strengthened financial security requirements for nuclear licence holders.
  • Clear liability rules for nuclear damage.
  • Compensation mechanisms for affected individuals and Regulator staff.

 

Section 36 to 42 – Safety and Emergency Measures

  • Mandatory emergency preparedness and response plans.
  • National registers for radiation sources and dose tracking.
  • Expanded powers for inspectors and enforcement.

 

Section 43 to 46 – Appeals

  • Multi-tiered appeal process introduced:
    • From inspector → CEO → Board → Minister → High Court.

 

Section 47 to 52 – Regulations and Offences

  • Introduction of administrative fines and non-compliance notices.
  • Expanded offences and penalties for violations.
  • Enhanced regulation-making powers for the Minister.

 

 

FULL TEXT

 

DETAILS

 

Link to Act in The Legal Team:

 

National Nuclear Regulator Act, 1999

with effect from 4 June, 2025

 

 

LINK TO FULL NOTICE

 

National Nuclear Regulator Amendment Act: Commencement

G 52810

P 266

04 June 2025

 

52810proc266.pdf

 

 

ACTION

 

1. Government Departments and Agencies

 

Examples: Department of Mineral Resources and Energy, Department of Environment, local municipalities

 

Required Actions:

  • Co-operative governance: Enter into formal agreements with the Regulator to coordinate regulatory functions (Section 6).
  • Emergency planning: Collaborate with licensees to develop and implement emergency response plans (Section 38).
  • Regulatory support: Provide input on regulations and safety standards (Sections 36, 47).
  • Oversight and enforcement: Support inspections and enforcement actions by the Regulator (Section 41).

 

2. Nuclear Operators and License Holders

 

Examples: Eskom (Koeberg Nuclear Power Station), NECSA, private nuclear technology firms

 

Required Actions:

  • Obtain or renew authorisations: Apply for nuclear licences, site licences, vessel licences, or authorisations to manufacture (Sections 20–22).
  • Compliance: Adhere to new safety, security, and environmental standards (Section 36).
  • Emergency preparedness: Develop, fund, and maintain emergency plans in collaboration with local authorities (Section 38).
  • Public engagement: Establish public safety information forums (Section 26).
  • Financial responsibility: Ensure financial security for decommissioning and liability for nuclear damage (Sections 26A, 29–30).
  • Incident reporting: Immediately report nuclear or radiation accidents and incidents (Section 37).

 

3. Research Institutions and Laboratories

 

Examples: Universities, national labs, medical isotope producers

 

Required Actions:

  • Registration and authorisation: Apply for certificates of registration or exemption for radiation-related activities (Section 22).
  • Radiation safety: Implement internal safety protocols and training (Section 26).
  • Recordkeeping: Maintain and submit radiation dose records to the National Dose Register (Section 7(p)).

 

4. Maritime Operators

 

Examples: Shipping companies transporting radioactive materials

 

Required Actions:

  • Licensing: Obtain nuclear vessel licences or certificates of registration for vessels carrying radioactive cargo (Section 20).
  • Compliance with conditions: Adhere to safety and liability conditions specified in licences (Section 24).

 

5. Contractors and Technical Service Providers

 

Examples: Engineering firms, waste handlers, decommissioning specialists

 

Required Actions:

  • Authorisation to operate: Apply for authorisation to manufacture or provide technical services (Section 22).
  • Safety compliance: Follow prescribed safety and quality standards (Section 26).
  • Financial planning: Ensure funding is available for decommissioning and waste management (Section 26A).

 

6. All Authorisation Holders

 

General Responsibilities:

  • Display authorisations publicly.
  • Train staff and maintain competencies.
  • Conduct self-inspections.
  • Submit required reports and data to the Regulator.
  • Cooperate with inspections and enforcement actions.

 

 

ENVIRONMENTAL

 

 

LAW AND TYPE OF NOTICE

 

Water Services Act:

 

Compulsory National Water and Sanitation Services Standards: Revised

 

G 52814 GoN 6292

 

06 June 2025

 

 

APPLIES TO: 

 

1. Water Services Authorities (WSAs)

 

These are typically municipalities responsible for ensuring access to water and sanitation services within their jurisdictions. They are the primary implementers of the standards and are responsible for:

  • Providing basic and interim water and sanitation services.
  • Ensuring water quality compliance with SANS 241.
  • Submitting development and compliance plans.
  • Managing infrastructure, operations, and maintenance.

 

2. Water Services Providers (WSPs)

 

These are entities (public or private) contracted by WSAs to deliver water and sanitation services. They must:

  • Operate and maintain infrastructure.
  • Monitor water quality and report incidents.
  • Comply with operational standards and safety protocols.

 

3. Water Services Intermediaries

 

These are organizations or individuals who provide water services on behalf of a WSA, often in private developments or special cases (e.g., mining companies, large estates). They must:

  • Enter into service level agreements (SLAs) with WSAs.
  • Ensure compliance with national standards.
  • Obtain water use authorizations where applicable.

 

4. Laboratories and Testing Facilities

 

Any lab conducting water quality testing must:

  • Use ISO 17025 accredited methodologies.
  • Participate in proficiency testing schemes.
  • Report results to the Department of Water and Sanitation (DWS) via the IRIS platform.

 

5. Industrial and Commercial Water Users

 

Industries discharging wastewater into municipal systems must:

  • Pre-treat effluent to acceptable standards.
  • Comply with discharge limits under the National Water Act.
  • Cooperate with WSAs on monitoring and reporting.

 

6. Engineering and Technical Service Providers

These include:

  • Civil and environmental engineers.
  • Sanitation system designers.
  • Maintenance contractors. They must adhere to design, construction, and operational standards, including SANS 30500SANS 10252, and ISO 31800.

 

7. Public Health and Environmental Agencies

  • Provincial Departments of Health and Environmental Health Practitioners are involved in monitoring hygiene, sanitation safety, and public health risks.
  • They are notified in case of water quality incidents and participate in emergency response.

 

8. Training and Certification Bodies

Organizations involved in training water sector personnel must align with:

  • Process Controller Regulations (GN 3630, 2023).
  • Municipal Staff Regulations and Minimum Competency Levels.

 

 

SUMMED UP

 

Purpose:

 

To prescribe updated national standards for water and sanitation services, ensuring access, quality, sustainability, and safety across South Africa.

 

Structure:

 

The document is organized into several parts and annexures:

  • Part A: Provision of Water Services
  • Part B: Quality of Water Discharged into Sanitation Systems or Water Resources
  • Part C: Efficient and Sustainable Use of Water
  • Part D: Construction and Functioning of Water Services Works and Consumer Installations
  • Part E: Nature, Operation, Sustainability, and Economic Viability of Water Services
  • Annexure A: Incident Management Protocol
  • Annexure B: Reference Documents

 

Notable Standards and Requirements:

  • Basic Water Supply: 6 kilolitres per household per month, with a minimum flow rate of 10 litres/minute, and availability for at least 358 days/year.
  • Basic Sanitation: Safe, hygienic, and accessible toilet facilities with handwashing stations.
  • Interim Services: Provision of water and sanitation within 90 days of identifying new informal settlements.
  • Water Quality: Must comply with SANS 241 standards; includes mandatory water safety plans and monitoring.
  • Incident Management: Detailed protocols for managing water quality failures, including alert levels and emergency responses.
  • Prohibitions: Ban on bucket toilets and unauthorized bulk connections to overburdened systems.
  • Asset Management: Lifecycle planning and maintenance of infrastructure are mandatory.
  • Human Resources: Defined competency requirements for key personnel in water services institutions.

 

 

 

FULL TEXT

 

DETAILS

 

To access the full notice, please click the link below.

 

 

LINK TO FULL NOTICE

 

Water Services Act: Compulsory National Water and Sanitation Services Standards: Revised

G 52814 GoN 6292

06 June 2025

 

52814gon6292.pdf

 

 

ACTION

 

1. Water Services Authorities (WSAs)

 

Strategic Planning & Reporting

  • Submit updated Water Services Development Plans (WSDPs) within 2 years.
  • Include water services audits annually (Reg. 26).
  • Develop compliance plans if immediate compliance is not possible (Reg. 27).

 

Service Provision

  • Ensure basic water supply (6 kl/month/household) and basic sanitation to all, including on privately owned land.
  • Provide interim services within 90 days of identifying informal settlements.

 

Infrastructure & Operations

  • Maintain infrastructure up to the user connection point.
  • Ensure meteringleak detection, and pressure management.
  • Implement asset management plans and maintain infrastructure lifecycle records.

 

Public Health & Safety

  • Monitor water quality per SANS 241 and submit results via IRIS.
  • Issue Boil Water or Do Not Use advisories when required.
  • Eradicate bucket toilets and open defecation.

 

2. Water Services Providers (WSPs)

 

Operational Compliance

  • Operate and maintain water and sanitation systems per standards.
  • Implement water safety plans and wastewater risk abatement plans (W2RAPs).
  • Conduct process audits and condition assessments.

 

Monitoring & Reporting

  • Monitor water quality and submit data to WSAs and DWS.
  • Keep logs of maintenance, incidents, and emergency responses.

 

3. Water Services Intermediaries

 

Service Agreements

  • Enter into SLAs with WSAs.
  • Ensure systems are authorized under the National Water Act.

 

System Management

  • Manage off-grid or decentralized systems (e.g., NSSS, DWWTS).
  • Ensure safe faecal sludge management and disposal.

 

4. Laboratories and Testing Facilities

 

Accreditation & Methodology

  • Use ISO 17025 accredited methods.
  • Participate in proficiency testing schemes.

 

Data Submission

  • Upload results to IRIS within 30 days of sampling.

 

5. Industrial and Commercial Users

 

Effluent Management

  • Pre-treat industrial wastewater to meet WSA standards.
  • Comply with discharge limits under the National Water Act.

 

Monitoring

  • Cooperate with WSAs on monitoring and inspections.

 

6. Engineering and Technical Service Providers

 

Design & Construction

  • Follow SANS 30500SANS 10252, and ISO 31800 for system design.
  • Develop operation and maintenance manuals before handover.

 

Audits & Assessments

  • Conduct process condition assessments and process audits.

 

7. Public Health and Environmental Agencies

 

Health Risk Management

  • Respond to water quality incidents.
  • Participate in Emergency Management Teams.

 

Hygiene Promotion

  • Promote hygiene and sanitation education in communities.

 

 

FINANCE

 

 

LAW AND TYPE OF NOTICE

 

South African Reserve Bank Act: Substitution of Schedule 2: Precious metal and commemorative coins and circulation coins

 

G 52814 GoN 6289

 

06 June 2025

 

 

APPLIES TO: 

 

1. South African Reserve Bank (SARB)

  • As the central bank, SARB is directly responsible for issuing legal tender, including both circulation and commemorative coins.
  • The specifications in Schedule 2 guide SARB in the minting, quality control, and legal standards for coins.

 

2. South African Mint

  • A subsidiary of SARB, the Mint is tasked with producing coins according to the specifications outlined in Schedule 2.
  • This includes details like metal composition, weight, diameter, and allowable tolerances.

 

3. Commercial Banks and Financial Institutions

  • These institutions handle the distribution and circulation of coins to the public.
  • They must recognize and accept coins that conform to the updated specifications as legal tender.

 

4. Coin Dealers, Collectors, and Numismatic Organizations

  • The specifications are crucial for valuation, authentication, and trading of commemorative and precious metal coins.
  • Collectors rely on these standards to verify the authenticity and purity of coins.

 

5. Retailers and Businesses

  • Businesses must accept coins that meet the legal specifications as valid currency.
  • This ensures consistency in transactions and pricing

 

6. Legal and Regulatory Bodies

  • Courts and regulatory agencies may refer to Schedule 2 when resolving disputes involving currency, such as counterfeit cases or legal tender issues.

 

 

FULL TEXT

 

DETAILS

 

LINK TO FULL NOTICE

 

South African Reserve Bank Act: Substitution of Schedule 2: Precious metal and commemorative coins and circulation coins

G 52814 GoN 6289

06 June 2025

 

52814gon6289.pdf

 

 

LABOUR

 

 

LAW AND TYPE OF NOTICE

 

Labour Relations Act: Various

 

 

LINK TO FULL NOTICE

 

Labour Relations Act: Application for variation of registered scope of a bargaining council: Bargaining Council for the Furniture Manufacturing Industry – KwaZulu-Natal: Comments invited

G 52818 RG 11844 GoN 6295

– Comment by 05 Jul 2025

06 June 2025

 

Labour Relations Act: Application for registration of Amalgamation Bargaining Council: National Bargaining Council for the Restaurnt, Catering and Allied Trades: Comments invited: Withdrawal

G 52821 RG 11845 GoN 6296

06 June 2025

 

Labour Relations Act: Registration of trade union: All Sectors and Allied Workers Union of South Africa (ASAWUSA)

G 52812 RG 11843 GoN 6282

06 June 2025

 

 

MEDICAL

 

 

LAW AND TYPE OF NOTICE

 

Health Professions Act: Regulations: Constitution of the Medical and Dental Professions Board

 

G 52849 GoN 6301

 

11 June 2025

 

 

APPLIES TO: 

 

1. Health Professions Council of South Africa (HPCSA)

  • As the regulatory body overseeing health professions, the HPCSA will be directly involved in implementing and enforcing these regulations.

 

2. Medical and Dental Educational Institutions

  • Universities with faculties or schools of medicine and dentistry will be affected, as they are responsible for nominating representatives to the board.

 

3. Colleges of Medicine of South Africa (CMSA)

  • This organization is explicitly mentioned as a nominating body for one board member.

 

4. Department of Health

  • The department will appoint one representative and is responsible for overseeing the implementation of these regulations.

 

5. Professional Associations and Practitioners

  • Medical practitioners, specialists, dentists, dental specialists, clinical associates, and medical scientists—especially those registered in South Africa—will be impacted as they are eligible for nomination and appointment to the board.

 

6. Community-Based Organizations

  • The inclusion of seven community representatives, including individuals with financial and legal expertise, means that civil society and professional bodies in these fields may also be involved.

 

7. Organizations Representing Designated Groups

  • Entities advocating for women, black South Africans, and persons with disabilities may have a role in promoting representation and ensuring compliance with the equity provisions.

 

 

SUMMED UP

 

Purpose

 

The regulations define the structure and composition of the Medical and Dental Professions Board, replacing the previous regulations from 2008.

 

Definitions

 

  • Designated groups: Prioritized in appointments, in the order:

1.     Women

2.     Men of African, Asian, or Coloured descent

3.     Persons with disabilities (regardless of descent)

  

Board Composition

 

The board will consist of 36 members, including:

  • 10 medical practitioners (at least 3 from designated groups)
  • 6 medical specialists (at least 3 from designated groups)
  • 3 dentists (at least 2 from designated groups)
  • 3 dental specialists (at least 1 from designated groups)
  • 1 medical scientist
  • 2 medical practitioners recommended by Universities South Africa
  • 1 dentist recommended by Universities South Africa
  • 1 representative from the Colleges of Medicine of South Africa (CMSA)
  • 1 representative from the Department of Health
  • 1 clinical associate from designated groups
  • 7 community representatives (including one with financial expertise and one with legal expertise)

 

Repeal

 

The 2008 regulations (Government Notice No. R. 1252, Gazette No. 31633) are repealed.

 

Short Title

 

These are called the Regulations Relating to the Constitution of the Medical and Dental Professions Board, 2025.

 

 

 

FULL TEXT

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Health Professions Act: Regulations: Constitution of the Medical and Dental Professions Board

G 52849 GoN 6301

11 June 2025

 

52849gon6301.pdf

 

 

ACTION

 

1. Health Professions Council of South Africa (HPCSA)

 

  • Implement the new board structure as per the regulations.
  • Coordinate the nomination and appointment process with relevant stakeholders.
  • Update internal policies and documentation to reflect the new composition and criteria.

 

2. Universities with Medical and Dental Faculties

 

  • Nominate:
    • Two medical practitioners to represent medical faculties.
    • One dentist to represent dental faculties.
  • Ensure nominees meet the residency and registration requirements.
  • Promote diversity by prioritizing candidates from designated groups.

 

3. Colleges of Medicine of South Africa (CMSA)

 

  • Recommend one representative to the board.
  • Engage with member institutions to identify suitable candidates.

 

4. Department of Health

 

  • Appoint one departmental representative to the board.
  • Support the Minister in overseeing the implementation of the regulations.

 

5. Medical and Dental Professionals

 

  • Submit nominations or accept nominations if eligible.
  • Engage with professional associations to ensure fair representation.
  • Ensure registration with the HPCSA is up to date.

 

6. Community-Based and Advocacy Organizations

 

  • Identify and nominate community representatives, especially:
    • One with financial expertise.
    • One with legal expertise.

 

  • Advocate for inclusion of underrepresented groups (women, black South Africans, persons with disabilities).

 

7. Organizations Representing Designated Groups

 

  • Monitor the appointment process to ensure compliance with equity provisions.
  • Provide support and training to potential nominees from designated groups.

 

 

 

AVIATION ARTICLES

 

 

 

SOUTH AFRICA

 

Mango Airlines customers offered hope of refunds

 

Thousands of Mango Airlines passengers who were left out of pocket when the low-cost South African airline was grounded in 2021 may finally see some relief. Business rescue practitioner Sipho Sono has confirmed that affected travellers can now register their ticket details online to begin the long-awaited refund process.

 

Mango, a subsidiary of South African Airways (SAA), was placed under business rescue in July 2021 after financial difficulties and regulatory hurdles forced it to halt operations. Since then, many customers who had purchased tickets for future flights have been left in limbo, unable to access refunds or rebook travel.

 

in a promising development this week, Sono announced that the claims process is now open to those who never received their money back. “Passengers who were affected by Mango’s grounding and who have not yet been refunded are encouraged to register their claims online,” he said. “This is the first formal step toward ensuring that legitimate ticket holders are reimbursed.”

 

Although it remains unclear how long the refund process will take or whether all claims will be fully honoured, the move has been widely welcomed by consumer groups and travel industry observers.

 

“This is a significant step forward,” said Aviation Analyst James letsoalo. “Mango’s grounding caused a lot of frustration and financial loss, especially to budget-conscious travellers who relied on the airline. Giving these customers a mechanism to recover their funds is a necessary part of the airline’s recovery process.”

 

The announcement comes amid growing speculation that Mango Airlines could soon return to the skies. According to industry insiders, Mango’s relaunch could be on the horizon if key regulatory and financial hurdles are cleared.

 

earlier this year, Mango’s business rescue plan was accepted by creditors and approved by the Companies and intellectual Property Commission (CIPC), paving the way for a potential restart.

 

However, the airline still awaits the critical go-ahead from South Africa’s Department of Public enterprises, which holds oversight over the stateowned parent company, SAA. Without this final approval, Mango’s return remains uncertain.

 

For now, the focus is on offering restitution to affected customers. The online portal for claims has been launched and is expected to stay open for several weeks to allow time for all eligible travellers to submit their information.

 

Claimants will need to provide original booking details, proof of payment, and identification documents to verify eligibility.

 

“We understand the frustration passengers have felt over the past few years,” said Sono. “While this doesn’t undo the inconvenience or financial strain caused, we hope this gesture shows our commitment to resolving outstanding issues fairly and transparently.”

 

More than 300 000 tickets were reportedly impacted by the grounding of Mango in 2021. As of June, it remains unclear how many of those passengers have already received compensation or credits.

 

Travellers are advised to visit Mango’s official website or the business rescue practitioner’s portal for more information on how to lodge a claim.

 

This marks the first tangible progress for stranded Mango passengers in four years – and possibly the beginning of a new chapter for one of South Africa’s once-popular low-cost carriers.

 

The Star

 

 

Outrage over new aircraft regulations

 

New regulations grounding light aircraft with engines older than 12 years are a ‘joke’ and out of line with international standards, the Commercial Aviation Association of Southern Africa (Caasa) charges. Die Burger reports that the industry is reeling from the notice issued by the Civil Aviation Authority – allegedly without prior warning or consultation. Caasa CEO Kevin Storie says the notice could halt the operations of several flight training schools and aircraft maintenance businesses. According to Storie, the 12-year issue was imported from American aviation laws that were implemented decades ago after several fatal accidents. However, in SA, there has been a special dispensation in place for the past 15 to 20 years allowing aircraft owners to perform detailed inspections of engines in lieu of complete overhauling or replacements. This special dispensation was removed two weeks ago. ‘For a light aircraft costing R800 000, a (new) engine could easily cost R1m,’ Storie says. Caasa says there are approximately 12 000 light aircraft registered in SA of which an estimated 1 400 have lost airworthy status overnight. The Civil Aviation Authority was questioned about the impact of the move and was told that a PAIA application would be necessary to obtain such information.

 

Full report in Die Burger (subscription needed)

 

 

B-BBEE ARTICLES

 

 

 

SOUTH AFRICA

 

Mantashe blinks on BEE rule

 

Minister deletes empowerment requirement for prospecting rights from draft bill

 

Mining minister Gwede Mantashe has backtracked on empowerment requirements on prospecting rights, after pushback from the industry and experts that this would hurt investment.

 

Mantashe last month published the draft Mineral Resources Development Bill for public comment. It proposes a number of amendments to the Mineral & Petroleum Resources Development Act 28 of 2002.

 

On Monday he backtracked on proposals in the department’s draft bill that would have tightened state control over the sector. In a correction notice published on Monday the minister removed the empowerment requirement for prospecting rights and the ministerial consent requirement for a change of control of listed companies.

 

Both proposals had elicited criticism from the industry over the past two weeks, with legal experts warning that the amendments would dampen deal-making activity and scare away foreign investment while SA is struggling to boost exploration and capital spending.

 

The move suggests that the industry’s woes have not fallen on deaf ears, providing a ray of hope for an otherwise disillusioned mining sector. Since its release last month, the bill has been widely criticised for not representing industry input.

 

Legal experts welcomed the compromise and the department’s willingness to respond to industry concerns, but warned that the draft bill still raises questions about regulatory uncertainty and ministerial control.

 

Cliffe Dekker Hofmeyr told Business Day: “The erratum notice simplifies obligations on prospecting rights holders by eliminating the requirement to comply with all broad-based BEE elements. Despite this improvement, references to the Broad-Based BEE Act remain in the bill, which may still present challenges.”

 

Webber Wentzel partner Giada Masina is optimistic about the deletion of empowerment requirement for prospecting rights, a proposal that most of the industry deemed misguided, given that prospecting carries the highest risk of any

 

step in the mineral value chain. However, she said there were still issues with the state’s influence in private companies.

 

“The proposed revision still refers to ‘an interest’ in an unlisted company, suggesting that any change in shareholding in a company that holds a right will require ministerial consent,” Masina said. “The opportunity to confirm in legislation the position regarding direct versus indirect shareholding also seems to have been missed.”

 

Cliffe Dekker Hofmeyr previously warned that the addition of BEE mandates would make the requirements for the application of prospecting rights “significantly more onerous”, adding red tape to a sector that SA desperately needs to rejuvenate. Weak investment in exploration remains a constraint on SA mining, with outlays on mineral exploration falling from a peak of more than R6bn in 2006 to R1bn in recent years.

 

Lagging behind

 

For the past five years, SA has lagged well behind its mineral-rich peers in terms of investment in exploration, underpinning the need to rework the regulatory environment to be more attractive to foreign investors.

 

The department’s other compromise, and another positive step for the industry, was the removal of ministerial consent requirements for a change of control of a listed company. While the correction is a welcome change for SA’s public markets, the draft bill still advocates broadening the range of transactions that will require Mantashe’s stamp of approval.

 

For unlisted groups, “the bill retains the need for ministerial approval for any significant shareholding changes”, Cliffe Dekker Hofmeyr said.

 

Additionally, the draft bill’s failure to eliminate regulatory uncertainty remains a concern.

“The amendment in the erratum notice makes the new definition of ‘controlling interest’ in the bill redundant and does not address the issue of direct and indirect shareholding/control, which has been the subject of case law,” Cliffe Dekker Hofmeyr said.

 

The bill is likely to remain a point of contention for members of the government of national unity, with DA members rejecting the bill last month.

 

Jacob Webster

Business Day

 

Employers push back on race quotas

 

The National Employers’ Association of SA (Neasa) has lashed out at the government’s employment equity regulations, which it says imposes “impossible” race quotas.

 

Neasa and business lobby group Sakeliga on Tuesday wrote to employment & labour minister Nomakhosazana Meth threatening to initiate an urgent interdict if she does not withdraw employment equity regulations implemented this year.

 

Neasa represents about 7,000 employers in different sectors including manufacturing, agriculture and construction.

 

“The minister is seeking to force employers to comply with her hiring quotas based on race, sex and disability from September 2025, on penalty of fines as high as 10% of turnover and eventual prosecution of executives,” the organisations said.

 

The regulations were published after the Employment Equity Amendment Act came into effect in January. Employers have to report based on the new regulations in the reporting cycle starting September 1. The government implemented the act as part of laws aimed to achieve the ANC’s transformation agenda and contends it was essential at achieving equality in the workplace.

 

The government faces a legal showdown on transformative laws, including the Expropriation Act, which defines whether privately owned land can be seized for the public good without compensation, broad-based BEE laws and the Employment Equity Amendment Act, which have been challenged in the high court by the DA.

 

Should the minister not withdraw the regulations by June 18, Sakeliga and Neasa have threatened to take Meth to court to suspend the operation of the regulations and challenge the lawfulness of the Employment Equity Amendment Act. The organisations were adamant the regulations had “impossible requirements” and were unlawful because the minister “failed to properly and meaningfully consult with the sectors prior to setting the targets”.

 

“Most strikingly, the hiring quotas, called ‘numerical sectoral targets’ in the regulations, require companies to reduce their white male staff component to as little as 4% in many cases, and usually to under 20%. Other requirements include quotas based on sex, disability and further racial dimensions.”

 

White male employees

 

The regulations want to shrink employment of white male employees, Sakeliga and Neasa said, adding that the state seeks to “achieve political goals of demographic representativeness by transforming the workforce and ownership of businesses and organisation in the country into one that reflects the state’s demographic composition”.

 

 

“The regulations and the Employment Equity Act establish unlawful, unconstitutional and impossible demands. Their consequence would be severe financial harm to businesses and extensive social harm through economic disruption, increased unemployment and legal uncertainty.”

 

Meth previously described the legal battle against the act as “antitransformation”. “This stance is not only anti-transformation, but also a step backward in the fight for equality and fairness in the workplace,” she said.

 

President Cyril Ramaphosa, speaking at a Black Business Council event at the weekend, supported the act amid legal contestation.

 

“Since the advent of democracy, we have built a comprehensive and robust legislative framework to advance the transformation of the economy,” he said.

 

“The Broad-based BEE Act and the Employment Equity Act are essential parts of this legislative framework. Since these acts came into being, there have been notable increases in black business ownership as well as in the number of women-owned businesses.”

 

Business Day previously reported the department provided employment equity data for 2024 in parliament which showed white males dominated top companies’ management while blacks were dominant in the lower semi-skilled and unskilled categories. Whites represented 61% of top management in the public and private sectors combined.

 

Sakeliga (formerly known as Afribusiness) in 2022 won a case against the finance minister at the Constitutional Court on the lawfulness of preferential procurement regulations which introduced criteria for companies eligible to be awarded tender including companies that had a minimum broad-based BEE status level. The minister initially won at the high court but suffered a loss at the Constitutional Court, which found the minister did not have the power to draft the criteria for the regulation.

 

The two organisations say the regulations have impossible requirements

 

Sinesipho Schrieber

Business Day

 

 

 

ENERGY AND PETROLEUM ARTICLES

 

 

SOUTH AFRICA

 

Draft oil and gas regulations spark climate justice concerns

 

Draft regulations under the Upstream Petroleum Resources Development Act may be prioritising oil and gas development and disregarding the imperative to shift away from fossil fuels and the risk of creating stranded assets.

 

This is contained in a letter from eco-justice organisation, The Green Connection, to the  department of mineral and petroleum resources. Submitted on 26 May, the letter said the proposed regulations could present a serious threat to good governance, environmental justice and the livelihoods of coastal communities.

 

The Act is under review by the department, following its passage by parliament in April last year. The draft regulations are designed to implement the new law, which focuses on the orderly development of petroleum resources, equitable access and the sustainable development of the country’s petroleum resources.

 

The Green Connection said it formally endorsed a recent joint submission by civil society groups Natural Justice, the Centre for Environmental Rights and groundWork on the regulations that was submitted to the department.

 

The regulations may fall short on several fronts, said Shahil Singh, a legal adviser at The Green Connection.

 

“We are most concerned about the issue of public participation. People may not be able to meaningfully engage with decisions that may affect their homes, livelihoods, and natural heritage if the terms that enable their participation are too restrictive,” Singh said.

 

“The definition of who qualifies as an ‘interested and affected party’ needs to be broadened to ensure that it does not silence those whose voices matter most — particularly small-scale fishers and coastal residents.

 

“Moreover, expecting communities to pay a non-refundable fee to appeal administrative decisions, could create obstacles to justice that marginalised communities should not have to endure. People should not have to pay to ensure that their voices are heard.”

 

The global climate crisis necessitates an urgent and decisive transition away from fossil fuels, Singh wrote in the letter. “The draft regulations, however, appear to promote the continued and expanded exploitation of oil and gas resources, directly contravening the country’s national and international climate change commitments.”

 

The Green Connection shared the “profound concern”expressed in the joint submission that the promotion of gas as a transitional fuel, particularly for gas-to-power projects, could cause more greenhouse gas emissions and methane, he said.

 

“Methane emissions could potentially have a greater impact than those of carbon dioxide and may be up to eighty-two times more impactful over a 20-year period.

 

“We strongly support the joint submission’s call for the draft regulations to explicitly define and incorporate critical terms such as ‘greenhouse gas (GHG)’, ‘Scope 1, Scope 2, and Scope 3 emissions’, and ‘sectoral emission targets’.”

 

This is essential for alignment with the Climate Change Act and for ensuring that the petroleum sector is accountable for its emissions and contributes to South Africa’s decarbonisation pathway.

 

“The failure of the draft regulations to mandate comprehensive lifecycle assessments that include quantification of all greenhouse gas emissions (including methane leaks and Scope 3 emissions) as well as the unquantified social cost of carbon, as highlighted by the joint submission, is a critical omission that undermines any claim of environmentally responsible development,” Singh said.

 

Expanding fossil fuel infrastructure without rigorous scrutiny of the possible environmental and social implications runs counter to the global imperative for decarbonisation and South Africa’s own stated commitments to a just energy transition.

 

“The Green Connection believes that the concerns and detailed recommendations articulated in the joint submission … are fundamental to ensuring that the regulatory framework for upstream petroleum activities in South Africa upholds constitutional environmental rights, promotes genuine public participation, protects our invaluable marine ecosystems and the livelihoods they support, and aligns with our urgent climate change obligations,” said Singh.

 

The country’s marine and coastal ecosystems are invaluable national assets, ecologically sensitive and critical for biodiversity and livelihoods.

 

“The Green Connection is deeply concerned that the draft regulations, in their current form, may fail to provide adequate protection for these environments against the inherent risks of upstream petroleum activities.”

 

It aligned itself with the joint submission’s assertion that the Act and its draft regulations appear to facilitate an accelerated expansion of oil and gas activities without adequately addressing the possibility of severe environmental impacts, Singh said, noting that this is particularly alarming for offshore exploration and production.

 

“We endorse the call for mandatory lifecycle impact assessments for all petroleum projects, which must quantify cumulative impacts, including those specific to marine ecosystems such as seismic impacts on marine fauna, potential for oil spills, and disruption of marine ecological integrity,” he said.

 

The “current vague reference” to “possible impact on the environment” in notice requirements is wholly insufficient, he argued.

 

“The inadequacy of consultation requirements for offshore developments, which may exclude those with a significant interest if not “directly affected” or if the landowner/lawful occupier concept is inappropriately applied to marine spaces, is a critical flaw identified in the joint submission that we support rectifying.”

 

Coastal communities, particularly small-scale fishers, depend intrinsically on healthy marine ecosystems for their livelihoods, food security and cultural heritage.

 

Upstream petroleum activities may pose direct and significant threats to these communities through potential pollution, displacement from traditional fishing grounds and adverse impacts on marine resources.

 

“We particularly highlight the joint submission’s critique of regulation 23(1)(g), which vaguely mentions ‘provision for co-existence with fishermen, where applicable’, within local content plans, deeming it so vague as to be almost meaningless. Such provisions must be substantive and genuinely protect fishing communities.

 

The broader failure of the draft regulations to create any meaningful obligations on rights holders to address and mitigate the adverse socio-economic impacts of petroleum operations on affected local communities, including fishing communities, “is a grave concern we share with the joint submission”.

 

The South Durban Community Environmental Alliance said in its comments on the proposed regulations that there is no provision made for the reduction of greenhouse gas emissions. “There is also no plan for the transition to ensure a move from upstream fossil fuel developments to alternative sources as per the country’s objectives.”

 

The Climate Change Act aims to reduce carbon emissions and ensure the country moves from a carbon-intensive economy to a low-carbon intensive economy, however the draft regulations “disregard this”.

 

 

 

By disregarding the climate change question, these developments will result in more climate change-related disasters such as floods, droughts and runaways fires. Areas such as Durban that have been vulnerable to floods will become even more vulnerable resulting in a higher percentage of “people dying from climate change-related incidents”, putting more strain on the public purse.

 

“With South Africa having signed to commit to net zero by 2050, 25 years away (less than one term of a production right) this is a regressive piece of legislation,” it said.

 

By Sheree Bega

Mail & Guardian

 

 

 

 

HEALTH AND SAFETY ARTICLES

 

 

 

SOUTH AFRICA

 

Advertising board asks MPs to soften vape bill

 

SA’s advertising watchdog has urged parliament to soften the draft tobacco bill’s restrictions on advertising vapes and ensure industry players are bound by its decisions.

 

The Advertising Regulatory Board said it supported the Tobacco Products & Electronic Delivery Systems Control Bill’s ban on advertising traditional tobacco products, but extending that approach to vapes would prevent companies from communicating the health benefits of switching to their products.

 

SA’s advertising watchdog has urged parliament to soften the draft tobacco bill’s restrictions on advertising vapes and ensure industry players are bound by its decisions.

 

The Advertising Regulatory Board is an independent, self-regulatory association that is binding on its members but has limited impact on companies that do not subscribe to its code of practice.

 

“We are asking that the legislation … binds any actor in this space to the jurisdiction of the Advertising Regulatory Board. There are always going to be rogue players who are not prepared to listen to the board unless they’re made to,” CEO Gail Schimmel said.

 

Parliament’s portfolio committee on health is holding public hearings on the Tobacco Products & Electronic Delivery Systems Control Bill, which proposes tightening restrictions on tobacco products and, for the first time, regulating e-cigarettes and other new-generation products. Companies that sell new-generation tobacco products and vapes are pressing for differentiated regulation that would see fewer restrictions imposed on their goods.

 

Current tobacco legislation bans almost all tobacco advertising but is silent on tobacco-free nicotine products such as vapes. The draft bill proposes imposing the same advertising restrictions on all products, including cigarettes, nicotine pouches and vapes.

 

The Advertising Regulatory Board, which counts the Vaping Products Association of SA among its members, said it supported the bill’s ban on advertising traditional tobacco products, but extending that approach to vapes would prevent companies communicating the health benefits of switching to their products.

 

“The truth of the matter is vape products … do seem to offer significant health benefits over tobacco. We cannot parcel them with traditional products,” Schimmel said.

 

The Advertising Regulatory Board proposed amendments to section 3 of the bill that, in addition to recognising its jurisdiction over industry players, would set out the minimum requirements for a self-regulatory advertising code and include a mechanism for escalating complaints to the health department if an errant company failed to comply.

 

The board had collaborated with the Vaping Products Association of SA to draft a code of conduct for vapour products, Schimmel said. The code includes rules such as not marketing to people under the age of 18 and not placing advertisements within 100m of schools, sports facilities or other organisations where the majority of attendees are children.

 

MPs also heard from Kurt Yeo, founder of Vaping Saved My Life, an organisation that promotes vapes as an alternative to cigarettes and is pressing for the bill to differentiate between different kinds of nicotine products.

 

Tamar Kahn

Business Day

 

 

INSURANCE ARTICLES

 

 

SOUTH AFRICA

 

Sarb sounds alarm on climate risks in insurance sector

 

After banking stress tests, the central bank prepares to assess insurers amid rising costs from extreme weather events.

 

South Africa’s central bank plans to expand its examination of climate risk to the insurance industry, as it seeks to anticipate threats that can do far-reaching economic harm.

 

“This year we put out our first climate-risk scenario, common stress test, where we allow all of the banks to tell us how would they respond to a finance stress,” said South African Reserve Bank Deputy Governor Fundi Tshazibana. “We are going to progress that to go to the insurance sector,” she told an event in Stellenbosch, South Africa, on Friday.

 

The Sarb said the report will be released alongside its Financial Stability Review on June 19.

 

As the planet heats up and weather whiplash spreads, compound weather events — such as heavy rainfall and drought that preceded the deadly wildfires in Southern California earlier this year — are raising risks across the world.

 

In February, fire engulfed large parts of Cape Town’s landmark Table Mountain, an hour’s drive from where Tshazibana spoke. In addition to drought, South Africa has been inundated with deadly floods in recent years.

 

Measuring how much of a bank’s loan book has credit-risk exposure to borrowers with climate-related risks reveals numbers of up to 60%, she said.

 

Damage from climate events can be direct, causing material losses for insurers, but can also weigh on the economy by affecting nature tourism, or by pressuring inflation via food prices, if farming is badly disrupted.

 

She said the cost of floods in 2022 reached R54 billion ($3 billion), while severe droughts have lifted South African food prices by as much as 10 percentage points, which in turn has elevated overall inflation by 3 percentage points.

 

“What is different about climate-related risks is they are multi-faceted,” she said. “It’s coming from all directions.”

 

By Adelaide Changole

Moneyweb

 

 

 

  • END

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