AGRICULTURE

Plant Breeders’ Rights Act: Regulations relating to Plant Breeders’ Rights: Amendment

ELECTRONIC COMMUNICATION

Constitution of the Republic of South Africa Act: Draft White Paper on Audio and Audiovisual Media Services and Online Safety: Comments invited

ENVIRONMENTAL

Climate Change Act: Draft Regulations on Administration and Operation of the Presidential Climate Commission: Comments invited

PROMOTION OF ADMINISTRATIVE JUSTICE ACT

Promotion of Administrative Justice Act:Withdrawal: Regulation

Regulator can fine short-sellers over Capitec report

Employer’s failure to comply with employment laws renders a foreign national’s dismissal unlawful

Alcohol in the workplace: Legal compliance and employee support

Fake AI case law plagues courts

From template to trade mark: Is your logo legally yours?

SA tech legal battles are exploding — our courts aren’t built for this

AGRICULTURE

LAW AND TYPE OF NOTICE

Plant Breeders’ Rights Act:

Regulations relating to Plant Breeders’ Rights: Amendment

G 52967 GoN 6401

11 July 2025

APPLIES TO: 

1. Agriculture and Agribusiness

• Commercial crop producers (e.g., maize, wheat, soybeans, vegetables)
• Fruit and vine growers (e.g., citrus, grapes, apples)
• Pasture and forage crop producers
• Seed companies involved in breeding, testing, and distributing plant varieties

2. Horticulture and Ornamental Plant Industry

• Nurseries and ornamental plant breeders (e.g., flowers, shrubs, decorative plants)
• Landscaping businesses that use protected ornamental varieties

3. Agricultural Research and Development

• Public and private research institutions developing new plant varieties
• Universities and biotech firms involved in genetic improvement and plant breeding

4. Smallholder and Subsistence Farming

• While the law aims to protect breeders, it also includes provisions for subsistence and vulnerable farmers, allowing limited seed saving under the “Farmer’s Privilege”

5. International Trade and Intellectual Property

• Exporters and importers of plant material must comply with international standards (UPOV 1991 Convention)
• Legal and IP firms dealing with plant variety rights and licensing

Key Implications:

• Higher compliance costs for commercial farmers and seed companies
• Stronger IP protection for breeders, encouraging innovation
• Criminal penalties for unauthorized use of protected varieties
• New fee structures for applications, testing, and licensing

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Plant Breeders’ Rights Act: Regulations relating to Plant Breeders’ Rights: Amendment

G 52967 GoN 6401

11 July 2025

52967gon6401.pdf

ACTION

Agricultural Producers & Seed Companies

1.     Review and Update IP Portfolios:

·       Ensure all plant varieties are properly registered under the updated regulations.

·       Secure breeders’ rights for new varieties to prevent unauthorized use

2.     Budget for New Fees:

·       Incorporate the updated fee structure (e.g., application, examination, annual fees) into financial planning.

·       Consider the cost of international testing and trials (now pegged to CHF exchange rates).

3.     Strengthen Compliance Systems:

·       Align internal processes with the new regulatory requirements.

·       Train staff on documentation, application procedures, and IP enforcement.

Research Institutions & Biotech Firms

1.     Accelerate Variety Development:

·       Leverage stronger IP protections to invest in innovative breeding programs.

·       Collaborate with international partners under harmonized phytosanitary and IP frameworks

2.     Protect Genetic Material:

·       Implement safeguards against unauthorized propagation or distribution of proprietary varieties.

·       Use the Act’s provisions to litigate against IP infringements if necessary.

Exporters & Agri-Processors

1.     Ensure Phytosanitary Compliance:

·       Align with international standards (WTO SPS, IPPC) to avoid trade barriers

·       Maintain documentation for plant health and varietal purity.

2.     Adapt to Market Demands:

·       Meet EU and BRICS standards for plant variety protection and quality.

·       Invest in post-harvest infrastructure to handle increased yields and maintain quality

Smallholder Farmers & Cooperatives

1.     Understand Farmer’s Privilege:

·       Learn what seed-saving practices are permitted under the amended law.

·       Engage with extension services or legal advisors to avoid unintentional violations.

2.     Participate in Licensing Schemes:

·       Explore options for accessing protected varieties through compulsory licenses or partnerships.

Legal & IP Professionals

1.     Offer Advisory Services:

·       Help clients navigate the new application and objection procedures.

·       Support litigation and enforcement of breeders’ rights.

2.     Monitor Legislative Changes:

·       Stay updated on related laws like the Plant Health Act 35 of 2024, which complements the Breeders’ Rights Act by enhancing biosecurity and IP enforcement

CUSTOMS AND EXCISE

LAW AND TYPE OF NOTICE

Customs and Excise Act:

Amendment of Rules (DAR261)

G 52968 RG 11852 GoN 6409

11 July 2025

APPLIES TO: 

Industries Directly Affected

1.     Importers and Exporters

·       Any business involved in cross-border trade must comply with customs declarations and may be subject to SARS decisions that can now be appealed through centralized units.

2.     Customs Brokers and Freight Forwarders

·       These intermediaries handle documentation and compliance for import/export clients. The rule changes affect how they submit appeals and request reasons for SARS decisions.

3.     Manufacturing and Industrial Sectors

·       Especially those importing raw materials or exporting finished goods. Changes in customs decision-making processes can influence timelines and compliance strategies.

4.     Retail and Wholesale Trade

·       Businesses importing consumer goods will need to understand the new procedures for handling disputes or clarifications with SARS.

5.     Logistics and Supply Chain Companies

·       These firms often deal with customs clearance and may be impacted by the shift to centralized decision-making and appeals.

6.     Agriculture and Food Processing

·       If involved in international trade, these sectors may face changes in how customs decisions are communicated and appealed.

Administrative and Legal Services

• Tax consultants and legal advisors who assist clients with SARS appeals and compliance will need to adjust their processes to reflect the new centralized structure and timelines.

SUMMED UP

1. Rule 77H.01 – New Definition Added

• “Centralised unit” is now defined as:

An operational unit located at SARS Head Office that performs branch office-related functions for strategic or practical reasons.

2. Rule 77H.02 – Changes to Requests for Reasons

• Subrule (1): Clarifies where to submit a request for reasons under section 77D(1)(a):
  • To the office that communicated the decision.
  • For declaration-related decisions, to the office listed on form SAD 500.
  • For internal appeal decisions, to the appeal committee that issued the decision.

• Subrule (5): Updates the timeline and scope:
  • Requests for reasons must be submitted within 30 days of receiving the decision.
  • Applies to both initial decisions and decisions made on internal appeal.

3. Rule 77H.11 – New Subrule Added

• Subrule (7): States that decisions made by SARS officials in a centralised unit are to be treated as if they were made at branch office level for the purposes of these rules.

Overall Impact

These amendments aim to:

• Streamline decision-making by allowing centralized units to act with branch-level authority.
• Clarify procedural steps for submitting requests and appeals.
• Ensure consistency in how decisions are treated across SARS offices.

DETAILS

SOUTH AFRICAN REVENUE SERVICE

NO. R. 6409 11 July 2025

GENERAL EXPLANATORY NOTE:

[ ] Words that are between square brackets and in bold typeface, indicate deletions from the existing rules

______ Words that are underlined with a solid line, indicate insertions in the existing rules

CUSTOMS AND EXCISE ACT, 1964

AMENDMENT OF RULES

Under sections 77H and 120 of the Customs and Excise Act, 1964 (Act 91 of 1964), the rules published in Government Notice R.1874 of 8 December 1995, are herewith amended to the extent set out in the Schedule hereto

EDWARD CHRISTIAN KIESWETTER

COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE

SCHEDULE

Amendment of rule 77H.01

1. Rule 77H.01 is hereby amended by the insertion of the following definition after the definition of “appellant”:

““centralised unit”, means an operational unit, located centrally at Head Office for strategic or practical operational purposes, that performs branch office related functions;”.

Amendment of rule 77H.02

2. Rule 77H.02 is hereby amended –

(a) by the substitution for subrule (1) of the following subrule:

“(1) A request for reasons contemplated in section 77D(1)(a) must be submitted in accordance with any instructions issued by SARS in the written communication informing the person of the decision[,] –

(a) to the Office that communicated the decision or, in the case of a decision relating to the declaration process, to the Office indicated on form SAD 500 as the “office of destination or departure”; or

(b) in the case of a decision on internal appeal by an appeal committee, to the appeal committee that communicated the decision.”; and

(b) by the substitution for subrule (5) of the following subrule:

“(5) (a) [If an aggrieved person intends to submit an appeal against a decision in terms of rule 77H.04 and wishes to request reasons for such decision, a] A request for reasons referred to in subrule (1) must be

submitted within 30 days from the date the decision was received in terms of rule 77H.01A(3).

(b) A request referred to in paragraph (a) may be submitted in respect of –

(i) a decision against which the aggrieved person wishes to submit an internal appeal in accordance with rule 77H.04; and

(ii) a decision on internal appeal by an appeal committee.”.

Amendment of rule 77H.11

3. Rule 77H.11 is hereby amended by the addition of the following subrule after subrule (6):

“(7) A decision taken by an officer or SARS official operating as part of a centralised unit stationed at Head Office must for purposes of these rules be deemed to be a decision taken at Branch Office level.”.

LINK TO FULL NOTICE

Customs and Excise Act: Amendment of Rules (DAR261)

G 52968 RG 11852 GoN 6409

11 July 2025

52968rg11852gon6409.pdf

ACTION

1. Understand the New Rules

• Review the amended rules (especially 77H.01, 77H.02, and 77H.11) to understand how the definition of a “centralised unit” and the updated appeal procedures affect your operations.
• Legal and compliance teams should interpret how these changes impact existing internal protocols.

2. Update Internal Procedures

• Customs documentation workflows should be revised to reflect:
  • Where to send requests for reasons (now possibly to centralized units).
  • The 30-day deadline for submitting such requests.

• Appeals processes should be updated to align with the new rule that centralized decisions are treated as branch-level decisions.

3. Train Staff and Stakeholders

• Conduct training sessions for:
  • Customs clerks
  • Logistics managers
  • Legal and compliance officers

• Ensure everyone understands the new submission channels and timelines.

4. Engage with SARS

• If unclear about how the centralized unit will operate in practice, contact SARS directly or through industry associations for clarification.
• Subscribe to SARS updates or join webinars to stay informed.

5. Review and Audit Past Decisions

• Reassess any recent SARS decisions where appeals or requests for reasons may still be pending.
• Ensure that any ongoing or planned appeals comply with the new procedural requirements.

6. Update Digital Systems

• If your business uses customs management software, ensure it reflects:
  • New contact points for centralized units
  • Updated timelines and routing logic for appeals

7. Collaborate with Industry Bodies

• Work with associations like SAAFF (South African Association of Freight Forwarders) or BUSA (Business Unity South Africa) to:
  • Share best practices
  • Raise collective concerns to SARS if needed

LAW AND TYPE OF NOTICE

Customs and Excise Act:

Amendment to Part 1 of Schedule No. 1 (1/1/1957) (English/ Afrikaans)

G 52968 RG 11852 GoN 6410

11 July 2025

APPLIES TO: 

Agricultural and Grain Industries

• Seed producers and traders: Particularly those dealing with wheat seed (Heading 1001.99).
• Wheat growers and millers: Especially those involved in producing brown wheat meal from whole grains.

Food Processing and Milling

• Flour milling companies: Those producing:
  • Brown wheat meal (from whole grains including bran, germ, and endosperm).
  • Cake wheat flour and white bread wheat flour as defined in Chapter 11 of the Act.

Importers and Exporters

• Businesses involved in cross-border trade of the above products will be affected by changes in customs duty rates across regions such as:
  • EU/UK
  • EFTA
  • SADC
  • MERCOSUR
  • AfCFTA

Retail and Wholesale Food Distributors

• Companies sourcing or distributing flour and wheat-based products may see price changes due to adjusted import duties.

Logistics and Customs Brokerage

• Firms managing customs declarations and tariff classifications will need to update systems and processes to reflect the new duty rates and product definitions.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Customs and Excise Act: Amendment to Part 1 of Schedule No. 1 (1/1/1957) (English/ Afrikaans)

G 52968 RG 11852 GoN 6410

11 July 2025

52968rg11852gon6410.pdf

ACTION

Please take note of the new set of fees.

LAW AND TYPE OF NOTICE

Customs and Excise Act, 1964:

Amendment of Rules (DAR262)

G 52968 RG 11852 GoN 6408

11 July 2025

APPLIES TO: 

1. Maritime and Shipping Industry

• Ship operators and crew must comply with the updated declaration requirements for sealable goods.
• Port authorities and customs officials will enforce the new rules during inspections.

2. Alcohol and Tobacco Industry

• Producers and distributors of:
  • Tobacco products (cigars, cigarettes, etc.)
  • Alcoholic beverages (wine, spirits, beer, cider)

• These goods are now more tightly regulated when transported by sea, especially in terms of quantities allowed on board without sealing.

3. Pharmaceutical and Controlled Substances

• Companies dealing with habit-forming drugs or controlled substances must ensure proper documentation and compliance.
• This includes both legal pharmaceuticals and any substances subject to customs scrutiny.

4. Firearms and Ammunition Industry

• Manufacturers, exporters, and importers of firearms and ammunition (including air, alarm, and gas pistols) are directly affected.
• These items must be declared and are subject to strict controls.

5. Retail and Trade

• Businesses involved in gifting, selling, or exchanging goods with individuals in South Africa via maritime routes.
• Includes duty-free shops and onboard retail operations.

6. Fuel and Energy Sector

• Companies shipping fuel levy goods or other excisable energy products must comply with the updated sealing and declaration rules.

7. Customs Brokerage and Logistics

• Customs brokers, freight forwarders, and logistics firms must update their compliance procedures to reflect the new DA 5 form and sealing requirements.

SUMMED UP

Legal Amendment

• Authority: Issued under Section 120 of the Customs and Excise Act, 1964 (Act 91 of 1964).
• Amendment: Updates to the rules published in Government Notice R.1874 of 8 December 1995.
• Form Updated: The form DA 5 has been amended. This form is a Declaration in respect of sealable goods on board ship.

Sealable Goods Categories

The declaration form includes categories such as:

• Tobacco products (cigars, cigarettes, etc.)
• Wine (still or sparkling)
• Potable spirits (type and quantity)
• Beer, stout, cider, or perry
• Other alcoholic beverages
• Habit-forming drugs
• Firearms and ammunition
• Gifts or goods for sale/exchange in South Africa
• Non-duty-paid imported goods and excisable goods

Instructions for Ship Masters and Crew

• The list must be signed by the master and all crew members.
• Each person must declare the sealable goods in their possession.
• Prescribed quantities (for 4 days) may be retained without sealing.
• Excess goods must be sealed or duty paid.
• Goods not declared are subject to forfeiture and prosecution.
• Customs seals must not be broken without permission.

FULL TEXT

DETAILS

SOUTH AFRICAN REVENUE SERVICE

NO. R. 6408 11 July 2025

GENERAL EXPLANATORY NOTE:

[ ] Words that are between square brackets and in bold typeface, indicate deletions from the existing rules

______ Words that are underlined with a solid line, indicate insertions in the existing rules

CUSTOMS AND EXCISE ACT, 1964

AMENDMENT OF RULES

Under section 120 of the Customs and Excise Act, 1964 (Act 91 of 1964), the rules published in Government Notice R.1874 of 8 December 1995, are herewith amended to the extent set out in the Schedule hereto

EDWARD CHRISTIAN KIESWETTER

COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE

SCHEDULE

Amendment of form

Item 202.00 of the Schedule to the rules is hereby amended by the substitution of the following form:

“DA 5 Declaration in respect of sealable goods on board ship”

LINK TO FULL NOTICE

Customs and Excise Act, 1964: Amendment of Rules (DAR262)

G 52968 RG 11852 GoN 6408

11 July 2025

52968rg11852gon6408.pdf

ACTION

1. Maritime and Shipping Industry

• Update onboard procedures to ensure the new DA 5 form is used.
• Train ship masters and crew on how to complete the form accurately.
• Ensure all sealable goods are declared and signed for by each crew member.
• Retain only prescribed quantities (for four days) of sealable goods unless otherwise authorized.
• Prevent unauthorized breaking of customs seals while in port.

2. Alcohol and Tobacco Industry

• Label and document all products clearly for customs inspection.
• Coordinate with shipping partners to ensure goods are declared and sealed as required.
• Ensure compliance with quantity limits for onboard storage and distribution.

3. Pharmaceutical and Controlled Substances

• Declare all habit-forming drugs or controlled substances in transit.
• Ensure secure storage and accurate documentation to avoid forfeiture or prosecution.

4. Firearms and Ammunition Industry

• Declare all firearms and ammunition being transported.
• Ensure proper licensing and documentation accompanies all shipments.
• Avoid unauthorized possession by crew or passengers.

5. Retail and Trade (Duty-Free, Onboard Sales)

• Declare all goods intended for sale or gifting to persons in South Africa.
• Ensure no undeclared goods are landed or distributed without permission.
• Maintain inventory logs for customs inspection.

6. Fuel and Energy Sector

• Declare all fuel levy goods and excisable energy products.
• Ensure compliance with sealing and declaration rules for goods shipped from within South Africa.

7. Customs Brokers and Logistics Providers

• Update compliance protocols to reflect the new DA 5 requirements.
• Advise clients (especially exporters and shipping companies) on the updated rules.
• Ensure documentation is complete and accurate before customs inspections.

EDUCATION

LAW AND TYPE OF NOTICE

Continuing Education and Training Act / National Qualifications Framework Act:

Directive on the internalisation of National Certificate Levels 2 and 3 examinations

G 53015 GoN 6435

15 July 2025

APPLIES TO: 

1. Engineering and Manufacturing

• Electrical Infrastructure Construction
• Civil Engineering and Building Construction
• Engineering and Related Design
• Process Plant Operations

These sectors often employ NC(V) graduates for entry-level technical roles. Changes in qualification structure may affect recruitment pipelines and internship programs.

2. Information and Communication Technology (ICT)

• IT and Computer Science
• Systems Development
• Digital Infrastructure

ICT companies that rely on NC(V) graduates for junior tech support, coding, or systems maintenance roles may need to adjust onboarding and training programs.

3. Health and Social Services

• Primary Health
• Safety in Society
• Community Health Work

These fields depend on vocational training for support roles in clinics, community outreach, and safety services. The new structure may influence certification timelines and job-readiness.

4. Business and Financial Services

• Office Administration
• Finance, Economics and Accounting
• Marketing
• Management

These industries often recruit NC(V) graduates for administrative, clerical, and junior finance roles. The shift may affect internship durations and qualification recognition.

5. Construction and Built Environment

• Construction Planning
• Building and Civil Construction
• Plumbing and Carpentry

TVET colleges train artisans and technicians for the construction sector. Internalising exams may impact the standardisation and quality assurance of these qualifications.

6. Hospitality and Tourism

• Hospitality Services
• Tourism Operations

These sectors rely on practical, hands-on training. The internalisation process may affect how practical assessments are conducted and validated.

7. Agriculture and Environmental Studies

• Primary Agriculture
• Environmental Practice

Graduates often work in farming, conservation, and environmental monitoring. The change may influence how practical skills are assessed and certified.

SUMMED UP

Directive Overview

Issued by Dr. Nobuhle Nkabane, Minister of Higher Education and Training, under:

• Continuing Education and Training Act No. 16 of 2006
• National Qualifications Framework Act No. 67 of 2008

Main Directive

• Internalisation of the National Certificate (Vocational) [NC(V)] Levels 2 and 3 examinations
• Cessation of quality assurance by Umalusi, the Quality Council for General and Further Education and Training

Background

• A review of the NC(V) began after a 2010 FET Roundtable summit.
• Finalized in 2013 with 25 recommendations, including a policy review.
• Public consultations occurred in 2017.
• In 2020, a position paper proposed converting NC(V) into a single 3-year qualification.

Discussion Points

• NC(V) currently has three exit levels: NQF Level 2, 3, and 4.
• Designed to equip students with vocational skills for employment and further studies.
• Public comments in 2020 supported the conversion to a single qualification.
• Internalisation of exams will be phased:
  • Initially managed centrally by National Examinations and Assessment (NEA)
  • Gradual capacity building in regional structures and TVET colleges

Implications

• SAQA will be requested to deregister NC(V) Levels 2 and 3 as separate qualifications.
• Only NC(V) Level 4 will remain as the exit point of the 3-year qualification.
• Reduced workload for the Chief Directorate: National Examinations and Assessment.
• Alleviates pressure from managing 12 examination cycles annually.

Repealed Policies

• FETC (Vocational) at NQF Level 4
• NC(V) at NQF Level 2
• NC(V) at NQF Level 3

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Continuing Education and Training Act / National Qualifications Framework Act: Directive on the internalisation of National Certificate Levels 2 and 3 examinations

G 53015 GoN 6435

15 July 2025

53015gon6435.pdf

ACTION

1. Align with New Qualification Structure

• Understand the shift: NC(V) Levels 2 and 3 will no longer be standalone qualifications. Only NC(V) Level 4 will serve as the final exit point of the 3-year qualification.
• Update HR and recruitment policies to reflect this change in qualification structure when hiring or offering internships.

2. Collaborate with TVET Colleges

• Engage with local TVET colleges to understand how internalised assessments will be conducted.
• Offer workplace-based learning opportunities to support practical components like ISAT (Integrated Summative Assessment Task).
• Participate in advisory boards or curriculum feedback forums to ensure industry needs are reflected in training.

3. Monitor Assessment Standards

According to the 2025 ICASS Guidelines from DHET

• Internal Continuous Assessment (ICASS) and ISAT are now critical components of student evaluation.

• Employers should verify that graduates meet the minimum achievement standards:
  • Vocational subjects: 50%
  • Life Skills & First Additional Languages: 40%
  • Mathematics & Mathematical Literacy: 30%

4. Upskill Internal Training Staff

• If your company offers in-house training or apprenticeships, ensure trainers understand the new assessment and certification framework.
• Consider certifying internal assessors to align with the new internalised model.

5. Update Compliance and Accreditation Processes

• If your industry is regulated or works with SETAs (Sector Education and Training Authorities), ensure your accreditation and compliance documentation reflects the updated NC(V) structure.
• Review partnerships with training providers to ensure they are compliant with the new DHET directive.

6. Prepare for Transition Period

• The internalisation will be phased, with DHET initially managing exams centrally while building regional capacity.
• Stay informed about implementation timelines and regional readiness to avoid disruptions in hiring or training.

ELECTRONIC COMMUNICATION

LAW AND TYPE OF NOTICE

Constitution of the Republic of South Africa Act:

Draft White Paper on Audio and Audiovisual Media Services and Online Safety: Comments invited

G 52972 GeN 3369

– Comment by 10 Aug 2025

11 July 2025

APPLIES TO: 

1. Broadcasting and Media

• Public, commercial, and community broadcasters (e.g., SABC, eMedia, community radio stations)
• Subscription TV providers (e.g., MultiChoice/DStv)
• Online streaming platforms (e.g., Netflix, Amazon Prime, BritBox)
• Video-on-demand (VOD) services and catch-up TV
• News and online press outlets (e.g., online newspapers, digital magazines)

2. Digital Platforms and Tech Companies

• Video-sharing platforms (VSPs) (e.g., YouTube, TikTok)
• Very Large Online Platforms (VLOPs) (e.g., Meta, Google)
• Social media platforms offering audiovisual content
• App developers and content aggregators

3. Telecommunications and Network Providers

• Mobile network operators bundling content services
• Internet service providers (ISPs) and broadband providers
• Signal distributors (e.g., Sentech)

4. Creative and Cultural Industries

• Film, television, and animation studios
• Music and audio production companies
• Advertising and marketing agencies
• Game developers and interactive media creators

5. Education and Skills Development

• Training institutions in media, ICT, and digital literacy
• SETAs and accreditation bodies involved in skills development
• Public awareness and digital safety educators

6. Regulatory and Legal Services

• Legal firms specializing in media, IP, and digital law
• Regulatory bodies (e.g., ICASA, FPB, ARB, SAHRC)
• Ombudsman services and complaints resolution bodies

7. Business and Investment

• Foreign investors in the ICT and media sectors
• SMEs and SMMEs in content creation and distribution
• Cross-media ownership entities (e.g., companies owning both print and broadcast media)

SUMMED UP

 Purpose

To modernize South Africa’s media regulation framework in response to digital transformation, global streaming platforms, and online content challenges.

Key Objectives

• Promote freedom of expression while protecting against online harms.
• Stimulate local content production and South African cultural identity.
• Ensure regulatory fairness across traditional and digital platforms.
• Encourage foreign investment and economic growth in the ICT sector.
• Improve digital literacy, accessibility, and consumer protection.

Regulatory Framework

• Maintains the 3-tier broadcasting system: public, commercial, and community.

• Introduces a tiered, risk-based approach for:
  • Broadcasting services
  • On-demand content services (VODs)
  • Video-sharing platforms (VSPs)

• Proposes creation of an ombudsman for online safety and media regulation.
• Suggests increasing foreign ownership limits in broadcasting from 20% to 49%.

Implementation Plan

Three stages over 24 months:

1.     Stage 1 (6–12 months): Finalize policy, draft urgent legal amendments, begin consultations.

2.     Stage 2 (12–18 months): Reform regulations, finalize code of conduct, implement ombudsman.

3.     Stage 3 (up to 24 months): Draft new legislation if needed, conduct socio-economic impact assessment.

Additional Proposals

• “Pay or Play” model for local content obligations.
• Regulation of advertising, online harms, and child protection.
• Review of ownership rules, copyright, and accessibility.
• Support for skills development and media literacy.

FULL TEXT

DETAILS

Please click on the link provided below for more information.

LINK TO FULL NOTICE

Constitution of the Republic of South Africa Act: Draft White Paper on Audio and Audiovisual Media Services and Online Safety: Comments invited

G 52972 GeN 3369

– Comment by 10 Aug 2025

11 July 2025

52972gen3369.pdf

ACTION

Please ensure that you submit your comments before 10 August 2025.

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

Climate Change Act:

Draft Regulations on Administration and Operation of the Presidential Climate Commission: Comments invited

G 52973 GoN 6411

– Comment by 10 Aug 2025

11 July 2025

APPLIES TO: 

1. Energy and Utilities

• Renewable energy providers (solar, wind, hydro)
• Fossil fuel industries (coal, oil, gas)
• Electricity generation and distribution

Why it matters: These sectors are central to South Africa’s just transition and will be directly affected by the Commission’s recommendations and oversight.

2. Manufacturing and Heavy Industry

• Steel, cement, chemicals, and mining
• Industries with high carbon emissions

Why it matters: These industries may face stricter emissions regulations, reporting requirements, and transition mandates.

3. Transport and Logistics

• Freight and shipping companies
• Automotive manufacturers
• Public transport systems

Why it matters: The Commission may influence policies on fuel standards, electrification, and carbon offsetting.

4. Agriculture and Agribusiness

• Commercial farming
• Food processing
• Forestry

Why it matters: Climate resilience, land use, and emissions from agriculture are key areas of focus for climate policy.

5. Construction and Real Estate

• Infrastructure development
• Green building and urban planning

Why it matters: Regulations may promote sustainable construction practices and energy-efficient buildings.

6. Research, Academia, and Consulting

• Environmental research institutions
• Climate policy consultants
• Universities and think tanks

Why it matters: These groups may be involved in advising, researching, or supporting the Commission’s work.

7. Financial Services

• Banks and insurers
• ESG investment firms

Why it matters: Climate risk disclosure, green finance, and investment in sustainable projects are increasingly regulated.

SUMMED UP

Purpose of the Amendment

To establish a clear legal and administrative framework for the Presidential Climate Commission (PCC), ensuring it operates effectively, transparently, and in alignment with its mandate to guide South Africa’s just transition to a low-carbon economy.

Key Provisions of the Draft Regulations

1. Scope and Application

• Applies to the Presidential Climate Commission and its Secretariat.
• Sets out governance, financial, and operational rules.

2. Objectives of the Commission

• Facilitate dialogue between social partners.
• Provide independent, science-based advice to government.
• Promote inclusive, transparent, and action-oriented climate policy.

3. Governance Principles

• Transparency, accountability, efficiency, and public participation.
• Special focus on including vulnerable communities affected by climate change.

Administrative Structure

Executive Director

• Appointed through a competitive process.

• Responsible for:
  • Managing staff and operations.
  • Overseeing finances and compliance.
  • Reporting to the Commission, Minister, and Parliament.

Secretariat

• Provides administrative, research, and communication support.
• Organizes meetings, manages records, and conducts stakeholder engagement.

Financial Management

• Must comply with the Public Finance Management Act (PFMA).

• Includes:
  • Budgeting and strategic planning (5-year cycles).
  • Annual audits by the Auditor-General.
  • Establishment of an Audit Committee.
  • Strict rules on irregular, fruitless, or wasteful expenditure.

Accountability and Oversight

• Clear procedures for:
  • Resignation, suspension, or removal of the Executive Director.
  • Filling vacancies and appointing acting leadership.

• Disciplinary processes for financial misconduct.
• Delegation of powers allowed, but recommendations to government cannot be delegated.

Information and Confidentiality

• Protection of classified and sensitive information.
• Disclosure governed by PAIA and POPIA.
• Limited liability for staff unless actions are unlawful, negligent, or in bad faith.

Implementation

• These regulations will come into effect upon publication in the Government Gazette.

DETAILS

DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT

NO. 6411 11 July 2025

CLIMATE CHANGE ACT, 2024 (ACT NO. 22 OF 2024)

DRAFT REGULATIONS ON THE ADMINISTRATION AND OPERATION OF THE PRESIDENTIAL CLIMATE COMMISSION

I, Dion Travers George, Minister of Forestry, Fisheries and the Environment, hereby in terms of sections 30(1)(e), 31 and 32 of the Climate Change Act, 2024 (Act No. 22 of 2024), publish the draft Regulations on the administration and operation of the Presidential Climate Commission (the draft Regulations) for public comment, as set out in the Schedule hereto.

The purpose of the draft Regulations is to provide for the administration and operation of the Presidential Climate Commission and its committees to ensure the achievement of its objective, functions, and responsibilities. The draft Regulations set out the legal parameters within which the Presidential Climate Commission must operate as it carries out its mandate and performs its functions. Accordingly, the draft Regulations are applicable to and bind the Presidential Climate Commission and its Secretariat.

Members of the public are invited to submit written comments within 30 (thirty) days from the date of publication of this notice in the Government Gazette or newspapers, whichever date is the last date, to the following addresses:

By post to: The Director-General

Department of Forestry, Fisheries and the Environment

Attention: Mr Jongikhanya Witi

Private Bag X447

PRETORIA

0001

By hand at: Reception, Environment House, 473 Steve Biko Road, Arcadia, Pretoria

By e-mail: SETSComments@dffe.gov.za

Members of the public can access the draft Regulations from the Departmental website at www.dffe.gov.za, under publications for comment or www.gpwonline.co.za

Any inquiries in connection with the draft Regulations can be directed to Mr Jongikhaya Witi by telephone:

012 399 9048 or by email: jwiti@dffe.gov.za

Comments received after the closing date may not be considered.

SCHEDULE

CHAPTER 1

INTERPRETATION, PURPOSE AND APPLICATION OF THESE REGULATIONS

1. Definitions

2. Purpose of these Regulations

3. Application of these Regulations

CHAPTER 2

OBJECT AND GOVERNING PRINCIPLES OF THE COMMISSION

4. Object of the Commission

5. Governing principles

CHAPTER 3

ADMINISTRATION MATTERS

6. Administration

7. Framework for recruitment of the Executive Director

8. Roles and responsibilities of the Executive Director

9. Roles and responsibilities of the secretariat

10. Termination of services, resignation and removal from office of the Executive Director

11. Process to fill a vacancy in the office of the Executive Director

12. Transitional procedures and appointment of acting Executive Director

13. Appointment of Commission staff

14. Human resource management

CHAPTER 4

FINANCIAL MATTERS

15. Bank account

16. Budget and strategic plan

17. Auditing of Commission’s accounts, financial statements and financial management

18. Audit committee

19. Annual report and financial statements

20. Financial responsibilities of the Executive Director

21. Financial responsibilities of Commission staff

22. Irregular or fruitless and wasteful expenditure

23. Financial misconduct

24. Applicable legal regime for disciplinary proceedings

CHAPTER 5

GENERAL MATTERS

25. Delegation

26. Limitation of liability

27. Protection of information

28. Disclosure of information

29. Short title and commencement

CHAPTER 1

INTERPRETATION, PURPOSE AND APPLICATION OF THESE REGULATIONS

Definitions

1. In these regulations, unless the context indicated otherwise, a word or expression that is defined in the Act bears the same meaning, and in addition—

“Accounting authority” has the meaning assigned to it in section 1 of the Public Finance Management Act;

“Basic Conditions of Employment Act” means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997), as amended;

“Commission” means the Presidential Climate Commission as defined in the Act;

“Confidential information” means sensitive information disclosed to a commissioner or by a commissioner in the discharge of their official capacity in the Commission, which is not publicly available and may be commercially sensitive if disclosed without authorisation;

“Conflict of interests” means any direct or indirect financial or other material interest or benefit of an economic nature or to which a monetary value may be attributed that a commissioner may have, which results or could be reasonably perceived to result in a commissioner being unable to perform the roles and responsibilities in an impartial proper manner;

“Financial year” has the meaning assigned to it in section 1 of the Public Finance Management Act;

“Financial statements” has the meaning assigned to it in section 1 of the Public Finance Management Act;

“Fruitless and wasteful expenditure” has the meaning assigned to it in section 1 of the Public Finance Management Act;

“Incapacity” means inability to perform the roles and responsibilities expected of a commissioner at the appropriate or expected work standard set out in the Act;

“Irregular expenditure” has the meaning assigned to it in section 1 of the Public Finance Management Act;

“Labour Relations Act” means the Labour Relations Act, 1995 (Act No. 66 of 1995), as amended;

“Misconduct” means improper, inappropriate, or unlawful conduct of a commissioner which is contrary to the conduct expected of a commissioner set out in the Act;

“Promotion of Access to Information Act” means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), as amended;

“Protection of Personal Information Act” means the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended;

“Public Audit Act” means the Public Audit Act, 2004 (Act No. 25 of 2004), as amended;

“Public Finance Management Act” means the Public Finance Management Act, 1999 (Act No. 1

of 1999), as amended;

“Secretariat” means the Secretariat of the Commission as provided for in section 16 of the Act;

“Treasury Regulations” means the Treasury Regulations developed and published under the Public Finance Management Act;

“Unauthorised expenditure” has the meaning assigned to it in section 1 of the Public Finance Management Act’; and

“The Act” means the Climate Change Act, 2024 (Act No. 22 of 2024).

Purpose of these Regulations

2. The purpose of these Regulations is to provide for the administration and operation of the Commission to ensure the achievement of its purpose, functions and responsibilities.

Application of these Regulations

3. These Regulations apply to the Commission and its Secretariat.

CHAPTER 2

OBJECT AND GOVERNING PRINCIPLES OF THE COMMISSION

Object of the Commission

4. The primary object of the Commission is to facilitate dialogue between social partners and provide advice towards a long-term just transition through an inclusive, transparent, action-oriented process informed by the best available science.

Governing principles

5. The Commission must—

(1) provide sound, objective and independent advice to government informed by the best available science;

(2) be efficient, effective, economic and transparent in utilising its human and capital resources;

(3) be open and transparent in the performance of its functions;

(4) conduct its work and activities in a manner that allows meaningful and effective public participation with affected persons or stakeholders, with a particular objective of including the voices of the people in the Republic that are most affected by climate change and the just transition; and

(5) be accountable to Parliament.

CHAPTER 3

ADMINISTRATION MATTERS

Administration

6. The Commission has a secretariat consisting of—

(1) the Executive Director and any staff members referred to in regulation 13 of these Regulations.

(2) the Executive Director is the head of the Secretariat who must perform the functions of the office of the Secretariat in accordance with the Act. Framework for recruitment of the Executive Director

7. As contemplated in section 13(1) of the Act, the appointment of the Executive Director will consist of—

(1) a competitive recruitment and selection process by the department supported by the Commission; and appointment made by the Minister.

(2) The recruitment and selection process must include−

(a) advertisement of the vacant position in at least two nationally circulated newspapers; and

(b) the pre-selection, shortlisting, interview, competency assessment process and method must follow employment practices that are justifiable, competitive, equitable and fair, and compatible with labour legislation.

(3) Following the recruitment and selection process, the Minister may appoint the Executive Director in terms of section 13(1) of the Act.

Roles and responsibilities of the Executive Director

8. As head of Secretariat, the Executive Director—

(1) is responsible for the management of the administration, including the−

(a) formation and development of an efficient Secretariat staff;

(b) organisation, maintenance of discipline and management of all Secretariat staff; and

(c) compliance with all legislation applicable to the Commission by Secretariat staff.

(2) is responsible for−

(a) managing the financial administration of the Commission;

(b) all income and expenditure of the Commission; and

(c) all assets and the discharge of all liabilities of the Commission.

(3) must establish and follow employment practices that are equitable, fair and compatible with labour legislation;

(4) must comply with section 15(5) and section 16(1) of the Act, the provisions of the Public Finance Management Act and regulation 20 of these Regulations.

(5) must carry out the decisions of the Commission, subject to regulation 22(2) of these Regulations;

(6) must exercise such powers and perform such duties as the Commission may delegate to the Executive Director;

(7) must report to the Commission, Minister and Parliament on aspects of management of the administration, financial responsibilities in accordance with the provisions of the Public Finance Management Act, and the exercise of powers and duties, at such frequency and in such manner, as may be required; and

(8) must exercise the responsibilities, duties and powers of office subject to the direction and oversight of the Commission.

Roles and responsibilities of the Secretariat

9. As administrative and secretariat support to the Commission, the Secretariat, under the supervision, control and direction of the Executive Director, is responsible for—

(1) the management of the administrative affairs of the Commission, including−

(a) secretarial and administrative services to the Commission, and its committees; and

(b) causing all records of matters dealt with by the Commission and its committees to be safeguarded.

(2) the preparation of meetings and the running of the day-to-day operations, including−

(a) organising meetings of the Commission and its committees;

(b) all logistical arrangements for all commissioners and for collating an agenda and documents relating to all matters to be dealt with by the Commission and its committees;

(c) managing and facilitating the work of the Commission throughout the year, and liaising with members of the committees on matters delegated to the committees by the Commission; and

(d) undertake consultations and arrange dialogue sessions as directed by the Commission.

(3) research, including−

(a) research on threats and emerging climate change issues that may affect the Republic;

(b) engage with stakeholders to identify and synthesize research questions that the Commission needs to address in respect of climate change;

(c) analyse global climate change research with recommendations for national consideration;

(d) publish a state of climate change research in the Republic with recommendations for policy making; and

(e) produce an independent state of climate change response report.

(4) communications, including−

(a) managing and responding to inquiries from the public;

(b) collecting and collating information on the work of the Commission, in accordance with the decisions and instructions of the Commission;

(c) communicating decision, reports, studies, strategies, recommendations and related information to the public;

(d) Disseminating and circulating reports, studies, strategies, recommendations and related information to the public; and

(e) preparing the Commission’s approved recommendations to government, in accordance with the decisions and instructions of the Commission.

(5) undertaking such administrative and secretariat support related to the work of the Commission and its committees, as may from time to time be directed by the Commission.

Termination of services, resignation and removal from office of the Executive Director

10. A person appointed as Executive Director ceases to be an Executive Director—

(1) when that person’s term of office expires.

(2) if that person—

(a) dies;

(b) resigns, subject to subregulation (3); or

(c) is removed from office in terms of subregulation (4).

(3) A person appointed as Executive Director may resign—

(a) on account of ill health or for any other reason which the Minister considers appropriate; or

(b) by giving at least three month’s written notice to the Minister, but the Minister may accept a shorter period.

(4) The Minister may remove an Executive Director from office on the grounds of—

(a) misconduct, incapacity or incompetence;

(b) conviction of a criminal offence without the option of a fine; or

(c) engaging in any activity that may undermine the principles, procedures, credibility, independence or integrity of the Commission and its Secretariat.

(5) An Executive Director may be removed from office on the ground set out in subregulation (4)(a) or (c) only after a finding to that effect by an enquiry appointed by the Minister.

(6) The Minister—

(a) may suspend an Executive Director from office at any time after the start of the proceedings of the enquiry for the removal of that Executive Director; and

(b) must remove an Executive Director from office upon a finding to that effect by the enquiry appointed by the Minister.

Process to fill a vacancy in the office of the Executive Director

11. (1) Whenever necessary to fill a vacancy in the office of the Executive Director, caused by expiry of term of office, death, resignation or removal from office, the Minister must follow the appointment process set out in section 13(1) of the Act to fill such vacancy.

(2) A person appointed to fill a vacancy in the office of the Executive Director holds office on the terms and conditions set out in section 13(3) of the Act.

Transitional procedures and appointment of acting Executive Director

12. Whenever the Executive Director is unable to exercise the responsibilities, duties and powers of office; or there is a vacancy in the office of the Executive Director; or the Executive Director is suspended under regulation 10(6)(a) —

(1) the Minister may, on recommendation of the Commission, appoint a senior staff member of the Secretariat as acting Executive Director for a period not exceeding six (6) months, but the Minister may, on good cause, extend the appointment for a further period not exceeding six (6) months.

(2) If the Executive Director is for any reason absent, the Executive Director may appoint a senior staff member of the Secretariat as acting Executive Director for a period not exceeding six (6) weeks.

(3) When acting in terms of subregulation (1) or (2), the acting Executive Director has all the powers and duties of the Executive Director.

Appointment of Commission staff

13. The Executive Director—

(1) within the administrative and functional limits set by the Act and internal human resource management policy, and financial limits set by the Public Finance Management Act, must —

(a) in consultation with National Treasury, determine and appoint a staff establishment necessary for the work of the Commission; and

(b) may appoint persons in posts on the staff establishment.

(2) A person appointed in terms of this Act is employed subject to the terms and conditions of employment determined by the Commission, and must be paid the remuneration, allowances and benefits determined by the Commission in consultation with National Treasury.

(3) A person seconded to the Secretariat or appointed on contract to perform specific tasks, must perform their duties under the control and directions of the Executive Director in accordance with the secondment or contract.

Human resource management

14. Human resource management and related issues must be dealt with in terms of a human resources policy adopted by the Commission. The human resource policy must comply with the provisions of Basic Conditions of Employment Act and Labour Relations Act and related legislation.

CHAPTER 4

FINANCIAL MATTERS

Bank account

15 (1) For purposes of existing banking arrangements and opening a bank account, the Commission must comply with section 7(2)(a) of the Public Finance Management Act and regulation 31.2.1 of the Treasury Regulations.

(2) All money received by or on behalf of the Commission must promptly be recorded and promptly deposited into the account contemplated in subregulation (1).

(3) Only the Executive Director or staff members authorised by the Commission, in writing, may make payments from such a bank account, with two signatories.

Budget and strategic plan

16. (1) The affairs of the Commission must be conducted in accordance with a budget and strategic plan prepared by the Commission covering a period of five (5) years which must include—

(a) estimates of revenue and expenditure, for the financial year to which it relates;

(b) projected revenue and expenditure for the two financial years following the year to which the budget and strategic plan relates; and

(c) items set out in regulation 30.1.3 of the Treasury Regulations.

(2) The Commission must submit the budget and strategic plan referred to subregulation (1) to the Minister for approval by the Minister in terms of regulation 30.1.1 of the Treasury Regulations.

(3) The Executive Director must ensure that the expenditure of the Commission is in accordance with the approved budget and Public Finance Management Act.

Auditing of Commission’s accounts, financial statements and financial management

17. (1) The Commission must annually appoint the Auditor-General of South Africa to audit the accounts, financial statements and financial management and performance information of the Commission.

(2) A person assigned as auditor by the Auditor-General of South Africa in terms of subregulation (1)—

(a) must be registered as an accountant and auditor in terms of the Auditing Profession Act, 2005 (Act No. 26 of 2005); and

(b) may not have any conflict of interest as a result of the assignment by the Auditor-General of South Africa.

Audit committee

18 (1) The Executive Director, as accounting authority of the Commission, must establish an audit committee contemplated in section 51(1)(a)(ii) of the Public Finance Management Act and regulation 27.1 of the Treasury Regulations.

(2) The membership of the audit committee must comply with the requirements set out in regulation 27.1 of the Treasury Regulations.

(3) The audit committee must operate in terms of a written terms of reference which must deal with its membership, authority and responsibilities.

(4) The terms of reference contemplated in subregulation 18(3) must comply with the requirements set out in regulation 27.1 of the Treasury Regulations.

(5) The Commission must prepare and approve the terms of reference for the audit committee including the approval of its reports.

Annual report and financial statements

19. The Executive Director must prepare the Commission’s annual report and financial statements referred to in section 15(5)(b) of the Act in accordance with section 55 of the Public Finance Management Act.

Financial responsibilities of the Executive Director

20. As accounting authority of the Commission, the Executive Director must comply with section 51 of the Public Finance Management Act. Financial responsibilities of Commission staff

21. A staff member of the Secretariat exercising financial management responsibilities must comply with

section 57 of the Public Finance Management Act.

Irregular or fruitless and wasteful expenditure

22. (1) Without limiting liability in terms of the common law, Public Finance Management Act or other

legislation—

(a) the Executive Director is liable for an irregular expenditure or a fruitless and wasteful expenditure deliberately or negligently incurred or authorised by the Executive Director, subject to subregulation (2); and

(b) a staff member of the Secretariat exercising financial management responsibilities who deliberately or negligently incurred or authorised an irregular expenditure or a fruitless and wasteful expenditure is liable for that expenditure.

(2) If the Executive Director becomes aware that the Commission has taken a decision which, if implemented, is likely to result in irregular or fruitless and wasteful expenditure, the Executive Director is not liable for any ensuing irregular or fruitless and wasteful expenditure provided that the Executive Director has informed the Minister, in writing, that the expenditure is likely to be irregular or fruitless and wasteful expenditure.

(3) Any decision of the Executive Director to proceed with the implementation of the decision in subregulation (2), and the reasons for the decision, must be in writing, and the Executive Director must promptly notify the Minister, Audit Committee, Auditor-General of South Africa and National Treasury in accordance with National Treasury Instruction.

(4) The Executive Director must promptly inform the Minister, in writing, of—

(a) any irregular or fruitless and wasteful expenditure incurred in the management of the administration of the Commission;

(b) whether any person is responsible or under investigation for such irregular or fruitless and wasteful expenditure; and

(c) the steps that have been taken—

(i) to recover such expenditure;

(ii) regarding consequence management; and

(iii) to prevent a recurrence of such expenditure.

Financial misconduct

23 (1) The Executive Director commits an act of financial misconduct, if the Executive Director’s wilful or negligent financial action or decision or omission results in any of the acts of financial misconduct set out in section 83(1) of the Public Finance Management Act.

(2) The member of staff of the Commission commits an act of financial misconduct, if that member of staff wilful or negligent financial action or decision or omission results in any of the acts of financial misconduct set out in section 83(3) of the Public Finance Management Act.

(3) A financial misconduct referred to in section 83(1) and (3) of the Public Finance Management Act is subject to the provisions of section 83(4) of the Public Finance Management Act.

Applicable legal regime for disciplinary proceedings

24. A charge of financial misconduct referred to in section 83 of the Public Finance Management Act against the Executive Director or another staff member must be disposed of in terms of section 84 of the Public Finance Management Act.

CHAPTER 5

GENERAL MATTERS

Delegation

25. (1) The Commission may delegate a power or duty vested in it in terms of the Act to—

(a) the Executive Director; or

(b) a committee of the Commission.

(2) A delegation referred to in subregulation (1)—

(a) must be in writing;

(b) may be made subject to conditions;

(c) does not prevent the exercise of the power or the performance of the duty by the Minister personally;

(d) may include the power to subdelegate; and

(e) may be withdrawn by the Commission.

(3) The Commission may confirm, vary or revoke any decision taken in consequence of a delegation or subdelegation in terms of this regulation, subject to any rights that may have accrued to a person as a result of the decision.

(4) The Commission may not delegate the power to make recommendations to government.

Limitation of liability

26. The Commission, Executive Director or a member of staff of the Commission exercising a power or performing a duty in terms of the Act, is not liable in respect of any loss or damage resulting from the exercise of that power or performance of that duty, or failure to exercise that power or perform that duty, unless the exercise of or failure to exercise that power, or performance of or failure to perform that duty was unlawful, negligent or in bad faith.

Protection of information

27. (1) The Commission must take reasonable steps to guard against the disclosure of secret or classified information obtained in the course of carrying out its functions or duties in terms of the Act.

(2) Steps taken in terms of subregulation (1) may not prevent the disclosure of any report, studies, strategies or recommendation to government on just transition within the meaning of the Act, but any such disclosure may not include facts the disclosure of which would harm the national interest.

(3) The Commission is competent but may not be compelled to disclose information obtained in the course of performing out its functions or duties in terms of the Act in any proceedings in which the Commission is not a party, before—

(a) a court of law; or

(b) any other body or institution established in terms of legislation.

(4) Subregulation (3) does not apply in any proceedings before—

(a) the National Assembly, or a portfolio or ad hoc committee of the National Assembly;

(b) a court in a criminal matter.

Disclosure of information

28. (1) Information in the possession of the Commission may be disclosed to any person on request by such person to the Commission, subject to the provisions of the Promotion of Access to Information Act and the Protection of Personal Information Act.

(2) No person assisting the Commission may, without the permission of the Commission, disclose information obtained in the course of assisting the Commission carrying out its functions or duties in terms of the Act otherwise than in accordance with subregulation (1).

Short title and commencement

29. These Regulations are called the Regulations on the Administration and Operation of the Presidential Climate Commission, 2025 and take effect on the date of publication in the Government Gazette for implementation.

LINK TO FULL NOTICE

Climate Change Act: Draft Regulations on Administration and Operation of the Presidential Climate Commission: Comments invited

G 52973 GoN 6411

– Comment by 10 Aug 2025

11 July 2025

52973gon6411.pdf

ACTION

Please ensure that you submit your comments before 10 August 2025.

LABOUR

LAW AND TYPE OF NOTICE

Labour Relations Act: Various

LINK TO FULL NOTICE

Labour Relations Act: Registration of an Employer’s Organisation: South African Legislative Sector Employer’s Organisation (SALSEO)

G 52968 RG 11852 GoN 6407

11 July 2025

52968rg11852gon6407.pdf

Labour Relations Act: Registration of an Employer’s Organisation: South African Legislative Sector Employer’s Organisation (SALSEO)

G 52968 RG 11852 GoN 6407

11 July 2025

52968rg11852gon6407.pdf

PROMOTION OF ADMINISTRATIVE JUSTICE ACT

LAW AND TYPE OF NOTICE

Promotion of Administrative Justice Act:

Withdrawal: Regulation

G 52974 RG 11853 GoN 6412

11 July 2025

APPLIES TO: 

1. Financial Services

• Banks, credit providers, and insurance companies require valid ID documents for:
  • Opening accounts
  • Processing loans
  • Verifying transactions (KYC compliance)

2. Telecommunications

• Mobile network operators and internet service providers need ID verification for:
  • SIM card registration
  • Contract services
  • Fraud prevention

3. Travel and Transport

• Airlines, immigration, and public transport systems depend on valid IDs for:
  • Ticketing and boarding
  • Border control
  • Security checks

4. Healthcare

• Hospitals, clinics, and medical aid schemes use ID documents for:
  • Patient registration
  • Access to medical records
  • Insurance claims

5. Government and Public Services

• Social grants, voting, licensing, and other civic services require:
  • Proof of identity
  • Access to benefits and entitlements

6. Employment and HR

• Employers and recruitment agencies need valid IDs for:
  • Background checks
  • Employment contracts
  • Tax and UIF registration

7. Retail and E-Commerce

• Especially for high-value purchases or credit-based transactions:
  • Customer verification
  • Fraud prevention

Since the notice withdraws a previous intention to cancel blocked identity documents, it may temporarily alleviate disruption in these sectors. However, industries should remain alert to future updates from the Department of Home Affairs.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Promotion of Administrative Justice Act: Withdrawal: Regulation

G 52974 RG 11853 GoN 6412

11 July 2025

52974rg11853gon6412.pdf

ACTION

Industries should remain alert to future updates from the Department of Home Affairs.

FINANCE ARTICLES

SOUTH AFRICA

Regulator can fine short-sellers over Capitec report

FSCA scores victory after ruling that pursuit of short-seller is in regulator’s province

The unrelenting pursuit by the Financial Sector Conduct Authority (FSCA) of short-seller Viceroy Research over “false” statements about Capitec in 2018, which led to the group’s share plunging on the JSE after the firm accused it of predatory lending, has borne fruit.

The regulator scored a legal victory last week when the high court ruled it was within regulators’ province to pursue and fine Viceroy.

The judgment empowers the FSCA to pursue offshore entities that cause harm to SA financial services groups.

The FSCA fined the US-based Viceroy, and its partners Aiden Lau, Fraser John Perring and Gabriel Bernade R50m for the “damaging” and “false” report on Capitec’s businesses practices.

The judgment handed down by judge Nicoline Janse van Nieuwenhuizen found the Financial Services Tribunal erred when it found that the FSCA lacked jurisdiction over the person of the Viceroy partners because they were foreign litigants not domiciled within the jurisdiction of the country’s courts.

The tribunal’s decision, which the FSCA has now successfully overturned, had in effect allowed Viceroy not to face the wrath of SA authorities.

“The importance of proper regulation is borne out by the facts in casu. The misinformation that was widely distributed and publicised in SA by the respondents had a disastrous effect on one of SA’s prominent financial institutions,” reads the judgment.

“To absolve the respondents from being liable for their conduct merely because they will at no stage be physically present in SA is not in the interest of justice.

“The amount of the administrative penalty, to wit R50m, will undoubtedly be welcomed in the dire economic circumstances prevailing in SA and the ever-shrinking fiscus.”

The Viceroy report, which outgoing Capitec CEO Gerrie Fourie described as the worst day he had with the bank in his 25 years with the lender, caused ripples in the market when it landed in January 2018.

The report, “Capitec: A Wolf in Sheep’s Clothing” called for then minister of finance Malusi Gigaba to place Capitec into curatorship, accusing the lender of “refinancing delinquencies”, among other allegations.

Viceroy at the time said it had obtained legal documents that showed Capitec advised and approved loans to “delinquent customers to repay existing loans”.

However, the allegations by Viceroy quickly evaporated after the Reserve Bank said Capitec was solvent, well capitalised, had adequate liquidity and met all prudential requirements.

On the day the document was published, Capitec’s share price fell more than 20% to an intraday low, wiping more than R24bn off its market capitalisation, before it recovered to end 3% down on the day.

Viceroy shared the report with a hedge fund before publication. It was estimated that the hedge fund made a profit of R82m from shorting Capitec securities.

Viceroy had an agreement with the hedge fund, and it received 12.5% of the net profit from short positions that the fund took in Capitec securities.

Jurisdiction

“If one has regard to the purpose and object of the regulation of financial markets, its importance far outweighs the necessity to serve any documents that initiate the enforcement of financial regulation on a peregrinus [a foreign litigant that is not domiciled within the jurisdiction of the court] personally to find jurisdiction,” Janse van Nieuwenhuizen said.

“The development of the common law in this regard will ensure the effective regulation of financial activity that takes place globally.”

Capitec has moved on from the Viceroy saga, adding more than 6-million new clients since then, with the group’s share price up 300% over the past five years.

The penalty [of] R50m will be welcomed in the dire SA circumstances

Judge N Janse van Nieuwenhuizen

Kabelo Khumalo

Business Day

Judgment

LABOUR ARTICLES

SOUTH AFRICA

Employer’s failure to comply with employment laws renders a foreign national’s dismissal unlawful

In a recent judgment of the Eastern Cape High Court, Mthatha (Court), the Court declared the dismissal of a foreign national employee unlawful, despite the individual’s failure to have a valid work visa. The case underscores the complexities of managing foreign national employment in South Africa and reinforces the obligation on employers to comply with both immigration and labour laws.

In Nyakudya v O.R Tambo District Municipality, the Court found that a foreign national employee had been unlawfully dismissed. The O.R Tambo District Municipality (Municipality): (i) failed to follow proper procedure in terminating the employee’s employment; and (ii) dismissed the employee without providing proper notice.

The employee, a Zimbabwean national, had worked for the Municipality on a fixed-term basis since 2009 until his employment was terminated in November 2023. He had been employed in terms of a general work visa. However, the visa expired some years before his dismissal and was not subsequently renewed. Following its expiry, he did not possess any other valid documentation permitting his lawful employment in South Africa. Despite this, the Municipality continued to employ him up until the date of his dismissal.

In the termination letter issued to the employee, the Municipality’s justification for his dismissal was the expiry of his visa and his lack of legal status to continue working in South Africa. The employee challenged the fairness of his dismissal by launching an application before the Court, contending that the dismissal was procedurally unfair and violated his right to fair labour practices.

While acknowledging that employing a foreign national without a valid work visa is a contravention of section 38 of the Immigration Act, the Court emphasised that this does not negate the employee’s constitutional right to fair labour practices or his statutory employment rights. The Court reaffirmed the principle established in Discovery Health v CCMA, that section 38 of the Immigration Act is not intended to limit the right to fair labour practices. Accordingly, foreign national employees should not be deprived of labour remedies merely because their contracts are invalid due to a lack of a valid work visa.

Ultimately, the Court declared the employee’s dismissal unlawful and set it aside. Reinstatement was not ordered, as the Court found it would not be practical in the circumstances. Compensation was also not granted as an alternative remedy. The Municipality was ordered to pay the costs of the application.

This case emphasises the obligation on employers to ensure that any dismissal is based on a legally recognised ground and effected only after following a fair procedure, regardless of the employee’s immigration status. In addition, employers must carefully balance compliance with their obligations under the Immigration Act and applicable labour legislation. Significantly, the Court reaffirmed that compliance with the Immigration Act does not override an employee’s right to fair labour practices.

It is prudent for employers to conduct regular due diligence and verification processes to ensure that all employees hold valid legal status to work in South Africa. Failure to comply with the Immigration Act may result in criminal sanctions, including fines or imprisonment of up to one year. However, in doing so, employers must also ensure that foreign national employees are afforded the same procedural fairness as South African employees, which may include offering assistance where a work visa has expired or is nearing expiry.

Nivaani Moodley, Jamie Jacobs and Bianca Rutherfoord-Jones

Webber Wentzel

Alcohol in the workplace: Legal compliance and employee support

Introduction

There are occasions when an employee arrives at work with a noticeable scent of alcohol, which should not be ignored. In such cases, immediate termination of employment may not be the most prudent response, despite appearing justified at first glance, as there may be underlying issues that warrant further investigation.

Company policies

It is advisable that a company should have a clearly communicated policy regarding alcohol consumption during working hours, both on and off company premises. Alcohol policies are typically tailored to each company’s specific requirements and standards due to their unique circumstances. If a company lacks a policy, it does not mean that alcohol consumption is permissible. Legislation exists that prevents alcohol consumption during working hours, and having an alcohol policy would benefit the company by reducing the complexity of these matters. Notably, such a policy can fairly discriminate between the rules governing employees with different work requirements.

Policies should not be so strict that employees with concerns are too fearful to come forward and seek assistance for fear of dismissal.

Legislation

Reference can be made to Item 10 of Schedule 8 of the Labour Relations Act, which states that alcoholism and drug abuse are not forms of misconduct but instead forms of incapacity. Consequently, applying a company’s disciplinary code can conflict with this legislation.

Schedule 8 of the Labour Relations Act recommends that in cases where it is known or suspected that an employee is dependent on alcohol or drugs, the situation should be addressed as an incapacity issue rather than through a misconduct procedure. The employer needs to attempt to assist the employee in actively overcoming their dependency. This approach should only be taken if it is clear that the employee wishes to be rehabilitated, which increases the likelihood of success.

Employee support

If, according to the alcohol policy, an employee completes a rehabilitation programme and then relapses, the programme does not need to be repeated. Instead, a fair dismissal procedure can be initiated. It is essential to focus on assisting both parties involved.

The key question is: when should assistance be offered, and when should it not? A meeting involving all parties can be arranged. If the employee insists there is no problem and requests to cease further discussion on the issue, the employer can acknowledge this statement and act accordingly. However, if the issue is not addressed as previously stated, the appropriate procedures can be followed. Conversely, if the employee shows a reasonable chance of success and the need for help, rehabilitation may be offered. During the period of rehabilitation, it will be on a no-pay basis.

Conclusion

Companies are advised to keep all policies current and ensure that employees are thoroughly informed and trained regarding these policies, thus eliminating any uncertainty. Consequently, companies should actively promote adherence to these established policies.

SchoemanLaw

GoLegal.

LEGAL ARTICLES

SOUTH AFRICA

Fake AI case law plagues courts

Law Society warns even submitting bogus info by mistake could ruin careers

Lawyers who mislead the court with fake, AI-generated citations face being struck off the roll, the Law Society of South Africa (LSSA) has warned.

The professional body says submitting bogus AI-produced information, even by mistake, is serious misconduct that can ruin a legal career.

The warning follows a growing number of cases that have been jeopardised because of inaccurate AI content, both at home and as far afield as Poland, Denmark and the United Kingdom.

Speaking for the LSSA, Azhar AzizIsmail, chairperson of the Johannesburg Attorneys Association (JAA) stressed that when using AI, every output must be verified, … “no shortcuts, no excuses.”

“Submitting court documents that contain AI-generated, fictitious case citations constitutes serious professional misconduct, regardless of whether this occurs knowingly or unknowingly. Such matters are referred to the Legal Practice Council (LPC) for a disciplinary hearing.”

He warned that the penalties could be severe; ranging from fines and suspension to being struck off the roll, depending on the circumstances and gravity of the misconduct.

“Beyond formal sanctions, attorneys also face significant reputational damage, which can have lasting consequences for their careers and professional standing,” said Aziz-Ismail.

He said local and international case law emphasised that lawyers are expected, and required, to verify all information, including that generated by AI, before using it in any official legal capacity.

“In practice, this means that AI should be treated as a tool to assist with legal research and productivity, not as an unquestioned authority, and every output must be rigorously checked to maintain the integrity of the justice system,” said Aziz-Ismail.

He cited two highly publicised incidents where lawyers were called out for using non-existent case law.

He said in Mavundla v MEC Department of Co-Operative Government and Traditional Affairs KZN, and Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator and Others, the courts emphasised that legal practitioners must exercise due diligence and verify the accuracy and existence of all citations and authorities.

“The Mavundla judgment, in particular, highlighted that all information or citations generated by AI must be thoroughly verified before use in legal proceedings or documents, and that attorneys are responsible for supervising staff work and ensuring research accuracy, regardless of its source,” he said.

The Mavundla matter centres on Philani Mavundla who was suspended as mayor of uMvoti Local Municipality in KZN and who had successfully taken the matter to court to have the suspension lifted. However, the interim interdict he had obtained was rescinded. During his appeal, Pietermaritzburg High Court Judge EM Bezuidenhout found that only two of the nine cases cited by his lawyer actually existed. At the time Mavundla’s lawyer said the cases referenced by her were provided by an ‘articled clerk’ employed by her firm. The matter was referred to the Legal Practice Council for possible investigation.

In the other court case marred by fake AI-citations, Northbound Processing wanted to compel the South African Diamond and Precious Metals regulator to release a refining licence to it. However, acting Gauteng High Court Judge DJ Smit said that while drafting his judgment he found that two cases cited in Northbound’s heads of argument did not exist. The lawyer blamed it on time constraints and said he had used the online tool “Legal Genius” which was exclusively trained on South African judgments and legislation.

Aziz-Ismail said the courts have made it “abundantly clear” that lawyers are not absolved of their ethical and professional duties when using AI.

“The stakes are high, not just for us as practitioners, but for public trust in the justice system. Additionally, there are broader risks that must be addressed when using AI, including intellectual property, data protection, confidentiality and legal professional privilege amongst others, all of which require careful consideration to ensure the responsible and ethical use of these technologies in legal practice.”

He said to date the LSSA had not received AI-related complaints regarding legal practitioners but if this arose it would be reported to the LPC, for investigation and appropriate action.

At present the LSSA does not have a list of recommended or approved AI tools, nor has it established formal vetting criteria for such tools but would introduce AI training to help lawyers.

Earlier this week the Legal Practice Council told the Independent on Saturday that while they’ve received “very few” formal complaints regarding questionable AI-generated content, “a number of matters are now starting to be referred to it to investigate.” However, its existing rules and the code of conduct already cover AI misuse, so misleading the court with fake AI citations is treated like any other serious misconduct. Using AI, the LPC says, is not a problem if the cases identified are; checked firstly for their existence and and secondly for whether they say what AI claims they say.

“Legal practitioners are cautioned against blindly citing case law picked up using AI tools, as instances where there are inaccuracies will be deemed as negligence and as potentially misleading (to the court) – this would be the same as relying on a textbook footnote without checking the primary source: the judgment.”

UKZN law professor Donrich Thaldar is head of the university’s task team that developed the institution’s AI academic guidelines.

He says AI could be helpful in summarising cases, formulating pleadings or drafting professional letters. And, by reducing the number of hours spent on a matter the cost benefits can be passed to lawyers’ clients who will be billed for less time. However, he would not ask AI to do his research and instead “avoid it like the pest”.

Thaldar said he had tested five well-known generative AIs and their ability to solve legal problems and was impressed with the output. None of them got 100% but they performed better than the average attorney.

“But, I wouldn’t trust AI to try to find case law for me. I don’t think technology is at that stage.”

He stressed that everything generated by AI must be verified.

“Lying is not something new, neither is making mistakes, but now it has a new face,” said Thaldar.

Kris Dobie, senior manager for organisational ethics at the Ethics Institute, says people often misunderstand AI because they’ve been socialised to believe that whatever a computer says is accurate, unless it seems implausible for some reason.

He stresses that from an ethical perspective, people must take responsibility for their work because AI does not only “hallucinate” case law, but also interpretations and the facts.

“A lot of people misrepresent AI’s work as their own. But you remain accountable for its accuracy, bias and impact. AI is a research tool, not a replacement for you,” he says.

Dobie, who has co-authored a guidebook on managing AI in organisations, says even more confusing is that AI seems “quite confident” in what it says, unlike a human who would admit doubt. Research shows hallucination rates in legal AI can reach 50–70%, while newer models trained on case law still hallucinate about 17%, said Dobie.

Prof Emma Ruttkamp-Bloem from the University of Pretoria is a member of AI Ethics Experts without Borders (UNESCO). She says that, “Everyone who engages with generative AI applications should know that what is generated is the result of probabilistic reasoning and has in no way been verified or peer-reviewed. It is not knowledge – it is information at best that might or might not be usable. The human engaging with the application should do the vetting and evaluation. If people don’t, then they are accountable for their decision.”

The risk is real even for experts because AI makes up plausible but fake details, says Professor Surendra (Colin) Thakur, an expert in 4IR and Digitisation at Unisa.

He warns that while AI tools make it tempting for counsel to “quickly” research case law, this shortcut is risky because GPTs can produce false information, or “hallucinations.”

“A Large Language Model like a GPT is goal-directed, it seeks to ‘answer’ a query. All the words in the query response are a statistical probability…”

Professor Manoj Maharaj, an expert in Information Systems & Technology at UKZN, says the user, not AI, is to blame for false information. “AI just generates language based on your input… It’s not deliberate. It’s not human.”

He stresses that while AI can make people more productive, using it to generate case law is unethical. He says it’s not designed to do that and if you use something that’s not fit for purpose, then you’re going to face the consequences and warns that “ethics training is far more important now than it has ever been”.

“Don’t let AI usurp your intellect. Let it enhance it…,” says Maharaj.

Wendy Jasson Da Costa

The Independent

SOUTH AFRICA

From template to trade mark: Is your logo legally yours?

In today’s digital-first world, graphic design platforms like Canva and Adobe Express have become indispensable tools for entrepreneurs, startups, and creatives. These platforms offer accessible, affordable ways to create professional-looking logos. But a critical legal question arises: Is it possible to obtain trade mark protection for a logo you created with these platforms?

The answer is: for the most part, yes, but with some important considerations. Whether a logo is eligible for trade mark protection depends not just on how it was created, but also on its originality, distinctiveness, and how it is used in the marketplace.

What is a trade mark?

A trade mark is a symbol, word, phrase, or design that identifies and distinguishes the source of goods or services. Logos are among the most frequently registered types of trade marks. Securing trade mark registration for a logo grants the owner exclusive rights to use it in relation to specified goods or services and offers legal protection against unauthorised use or infringement.

To qualify for trademark protection, a logo must:

• Be distinctive and not generic or descriptive.
• Be used (or intended to be used) in commerce.
• Not be confusingly similar to existing trade marks.
• Be original enough to serve as a unique brand identifier.

The role of graphic design platforms

Graphic design platforms offer a wide range of tools like fonts, icons, illustrations, and pre-made templates. While these platforms are incredibly useful, they introduce legal complexities when it comes to determining whether a logo qualifies for trade mark protection.

1. Originality and ownership

Most platforms provide users with a licence to use their design tools and assets, but not necessarily exclusive ownership of the content created. If your logo includes stock icons, illustrations, or templates that are available to other users, the logo may not be considered original or unique enough for trade mark protection.

2. Licensing restrictions

Many platforms make it clear in their terms and conditions that logos created using their templates or stock elements cannot be used or protected as trade marks. This is because the same elements can be used by countless other users, making your logo lack exclusivity and potentially infringing on others’ rights.

3. AI-generated logos

AI-powered logo generators present additional challenges in that many agreements that govern the use of the AI tools contain irrevocable or perpetual licences that allow the free use of the content generated by both the service provider and its other users. This means that AI generated logos carry higher risk of:

• Lacking distinctiveness.
• Being too similar to existing logos.
• Including elements that are not licensed for exclusive use.

4. Risk of copyright infringement

Another critical issue is the risk of copyright infringement, which can arise when a logo incorporates third-party content (such as stock icons, illustrations, or fonts) without the appropriate rights or licences. Even if a platform allows use of these elements, this typically does not extend to exclusive use.

If a logo includes copyrighted material you do not own or have not licensed appropriately, this could not only affect your ability to register the logo as a trade mark, but also result in legal claims from copyright holders.

Importantly, during trade mark examination, copyright issues may be flagged if your logo closely resembles a well-known copyrighted work or if there’s evidence of unauthorised use of protected content. This can lead to refusal of registration or opposition proceedings.

Best practices for trade mark-ready logo design

If you plan to register a trade mark for a logo created on a design platform, follow these best practices:

1.     Avoid stock elements: Do not use icons, illustrations, or templates that are widely available to other users.

2.     Create from scratch: Use basic shapes, custom typography, and original design elements to ensure uniqueness.

3.     Check licensing terms: Read the platform’s terms of service to confirm whether you have the rights to obtain trade mark protection for your design.

4.     Conduct a trade mark search: Consult a qualified trade mark attorney to carry out a comprehensive search using official databases. An attorney can identify potential conflicts with existing marks and assess the registrability of your logo, helping you avoid costly legal issues down the line.

5.     Document your process: Keep records of how the logo was created, including design drafts and sources of any elements used.

6.     Consult a trade mark attorney: Legal guidance can help you navigate the complexities of trade mark law and increase your chances of successful registration

Final thoughts

Yes, you can register a logo created on a graphic design platform, but only if the logo is original, distinctive, used (or intended to be used) in commerce, and you have the exclusive rights to all its components. Logos that incorporate templates or commonly available design features are generally not suitable for trade mark protection, as they may lack distinctiveness and raise licensing concerns.

If your brand identity is important to you – and it should be – investing in a custom, trade mark-eligible logo is a smart move. Designing the logo yourself or collaborating with a professional, the key is to ensure it meets legal standards. Doing so will help protect your brand and offer peace of mind in the long run.

Article sourced from Adams & Adams.

SOUTH AFRICA

SA tech legal battles are exploding — our courts aren’t built for this

South Africa needs a specialised framework for IT legal disputes, argues the author. Standardised contracts, designed with input from tech and legal experts, could clarify expectations around IP ownership, licensing, and deliverables.

The original article is available here