Marketing of Agricultural Products Act: Request for continuation of statutory measures relating to levies, registrations and records and returns in dairy industry: Comments invited

National Small Business Act: Regulations: Criteria determining classification of micro, small and medium enterprises: Comments invited

Currency and Exchanges Act: Transfer of Administration, Powers and Functions

National Land Transport Amendment Act: Commencement

National Land Transport Act: Second National Land Transport Regulations

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AGRICULTURE

LAW AND TYPE OF NOTICE

Marketing of Agricultural Products Act:

Request for continuation of statutory measures relating to levies, registrations and records and returns in dairy industry: Comments invited

G 53334 RG 11183 GoN 6593

– Comment by 30 Sep 2025

12 September 2025

APPLIES TO: 

The statutory measures apply to:

• Milk buyers and processors
• Importers and exporters of dairy products
• Milk producers who process or sell their own milk
• Retailers purchasing raw milk

SUMMED UP

The South African Milk Processors’ Organisation (SAMPRO) has requested the continuation of statutory measures in the dairy industry under the Marketing of Agricultural Products Act (MAP Act), Act No. 47 of 1996. These measures include:

• Levies
• Registrations
• Records & Returns

The current measures expire on 31 December 2025, and SAMPRO seeks a 4-year extension from 1 January 2026 to 31 December 2029.

Proposed Levy Increases (2026–2029)

Levies will increase by 3.5% annually due to inflation. Examples include:

These levies remain well below the 5% cap set by the MAP Act.

Proposed Budget Allocation (2026–2029)

Total annual budget starts at R72.45 million in 2026 and increases to R80.33 million by 2029. Key allocations:

• Consumer Education: 30%
• Transformation: 20%
• Quality Improvement: 19%
• Administration: 10%
• Research & Development: 6%
• Industry Information: 5.5%
• Skills Development: 2.4%
• Animal Health & Welfare: 1.5%
• Communication & Liaison: 5.6%

Purpose of Measures

• Registration: Ensures communication and coordination across the industry.
• Records & Returns: Enables Milk SA to analyze market data and provide insights to stakeholders and government.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. R. 6593 12 September 2025

PRESS RELEASE BY THE NATIONAL AGRICULTURAL MARKETING COUNCIL REQUEST FOR COMMENTS/INPUTS FROM DIRECTLY AFFECTED GROUPS IN THE DAIRY INDUSTRY

REQUEST FOR THE CONTINUATION OF STATUTORY MEASURES RELATING TO LEVIES, REGISTRATIONS AND RECORDS & RETURNS IN THE DAIRY INDUSTRY IN TERMS OF THE MARKETING OF AGRICULTURAL PRODUCTS ACT (ACT No. 47 OF 1996, as amended)

It is hereby made known that, in terms of section 11 of the Marketing of Agricultural Products Act, 1996 (Act No.47 of 1996) (MAP Act), the Minister of Agriculture has received a request from the dairy industry for the continuation of statutory measures relating to levies, registration, the keeping of records and the rendering of returns.

The South African Milk Processors’ Organisation (SAMPRO), a directly affected group and representative organisation of the secondary dairy industry, applied for these statutory measures. The current statutory measures (levies, registrations and records & returns) in the dairy industry will expire on 31 December 2025. SAMPRO requests ministerial approval for the continuation of these statutory measures for a new period of four years from 1 January 2026 to 31 December 2029.

SAMPRO proposed that the current statutory levies will increase by 3.5 percent per annum because of inflation since the current levies were first implemented in 2021. According to SAMPRO, the income generated by these statutory levies is not sufficient to satisfactorily pursue the objectives of the regulations in the period for which the extension of the validity of the regulations is requested.

The MAP Act stipulates that a statutory levy may not exceed 5% of the price realised for a specific agricultural product at the first point of sale. The maximum of 5% must be based on a guideline price calculated as the average price at the first point of sale over a period not exceeding three years. The guideline price for the proposed levies, on average, was calculated to be approximately 0.3% of the price of dairy products for a period of 3 years. This is well within the 5% as prescribed by the MAP Act.

The proposed statutory measures will apply to the following:

• Persons who buy raw (unprocessed) milk for the purpose of processing it or to use it to manufacture other products, or to sell it to persons located outside the jurisdiction of the Republic of South Africa, or to move it outside the jurisdiction of the Republic of South Africa;

• Persons who import a product which is subject to a levy;

• Persons who are milk producers and who process the raw (unprocessed) milk produced by them, or use it to manufacture other products, or who sell it to consumers, or who sell it to persons located outside the jurisdiction of the Republic of South Africa, or who move it outside the jurisdiction of the Republic of South Africa; and

• Persons who sell raw (unprocessed) milk to retailers.

The purpose of the statutory measure relating to registration is to compel all secondary industry roleplayers in the Republic of South Africa to register with Milk South Africa (the administrator).

Registration will facilitate better communication in the industry on matters of common interest such as technical issues, food safety, product standards and other issues.

The purpose of the statutory measure relating to records & returns is to provide a statutory mechanism for dairy processors, traders, brokers, producer distributors, importers and exporters of dairy products to keep records and furnish returns to Milk South Africa. The information and analysis thereof will enable Milk South Africa to make market signals available to role-players and government institutions.

The National Agricultural Marketing Council (NAMC) believes that the application by SAMPRO for the continuation of statutory measures is consistent with the objectives of the MAP Act (as set out in section 2 of the Act).

Directly affected groups in the dairy industry are kindly requested to submit any comments, in writing, regarding the proposed statutory measures, to the NAMC on or before 30 September 2025, to enable the Council to finalise its recommendation to Minister in this regard.

Submissions should be in writing and addressed to:

National Agricultural Marketing Council

Private Bag X 935

PRETORIA

0001

Enquiries: Matsobane (BM) Mpyana

E-mail: mmpyana@namc.co.za

Tel :(012) 341 1115

(076) 154 1354

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Request for continuation of statutory measures relating to levies, registrations and records and returns in dairy industry: Comments invited

G 53334 RG 11183 GoN 6593

– Comment by 30 Sep 2025

12 September 2025

53334rg11183gon6593.pdf

ACTION

Ensure that you submit your comments by 30 September 2025.

BUSINESS

LAW AND TYPE OF NOTICE

National Small Business Act:

Regulations: Criteria determining classification of micro, small and medium enterprises: Comments invited

G 53348 GoN 6616

– Comment by 27 Oct 2025

15 September 2025

APPLIES TO: 

Micro, Small and Medium Enterprises

FULL TEXT

DETAILS

DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

NO. 6616 15 September 2025

GENERAL NOTICE

NOTICE OF 2025

DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

NATIONAL SMALL BUSINESS ACT, 1996 (ACT NO. 102 OF 1996)

DRAFT REGULATIONS SETTING THE CRITERIA DETERMINING THE CLASSIFICATION OF MICRO, SMALL AND MEDIUM ENTERPRISES

I, Ms Stella Ndabeni-Abrahams, Minister of Small Business Development, hereby publish for public comment draft regulations setting the criteria determining the classification of micro, small and medium enterprises, which I intend to prescribe in terms of section 20(2) of the National Small Business Act, 1996 (Act No. 102 of 1996) as amended by the National Small Enterprise Amendment Act, 21 (Amendment Act 21 of 2024).

2. Members of the public are hereby invited to send their comments to Mr. Sibusiso Bhila at sbhila@dsbd.gov.za or submit it by hand to the Department of Small Business Development, 77 Meintjies Street, Sunnyside, Pretoria, within 42 (forty-two) days of publication of this notice.

3. Enquiries can be directed to Mr. Sibu Bhila at tel.: 072 902 4927 or Ms. Elize Koekemoer at tel.: 063 645 5834

4. Participants that wish to make oral presentations should indicate their interest in their written submissions and will be informed if any public hearings will be held in this regard.

Ms Stella Ndabeni-Abrahams (MP)

MINISTER OF SMALL BUSINES DEVELOPMENT

DATE:…05../…08../2025

LINK TO FULL NOTICE

National Small Business Act: Regulations: Criteria determining classification of micro, small and medium enterprises: Comments invited

G 53348 GoN 6616

– Comment by 27 Oct 2025

15 September 2025

53348gon6616.pdf

ACTION

Ensure that you submit your comments by 27 October 2025.

CUSTOMS, EXCISE AND INTERNATIONAL TRADE ADMINISTRATION

LAW AND TYPE OF NOTICE

International Trade Administration Act:

Guidelines RBD Palm Oil

G 53335 GeN 3486

12 September 2025

APPLIES TO: 

Soap and Detergent Manufacturing Industry

• The rebate applies to refined, bleached, and deodorised palm oil (not chemically modified), classified under tariff subheading 1511.90.90.
• This palm oil must be used specifically in the manufacture of soap and organic surface-active products in the form of bars, cakes, moulded pieces, or shapes, classified under tariff subheading 3401.1.

Importers and Traders of Palm Oil

• Companies that import palm oil for industrial use, particularly for soap production, are directly impacted.
• These importers must apply for permits under Rebate Item 460.06/1511.90.90/01.08, and comply with detailed application and compliance procedures.

Supply Chain and Logistics Providers

• Entities involved in the importation, storage, and distribution of palm oil for the above purposes may also be indirectly affected due to the regulatory and documentation requirements.

Regulatory and Compliance Professionals

• Businesses must ensure compliance with South African Customs and Excise laws, labour regulations, and ITAC guidelines, which may involve legal and compliance departments.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3486 OF 2025

INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA GUIDELINES, RULES, AND CONDITIONS PERTAINING TO PERMITS ISSUED UNDER REBATE ITEM 460.06/1511.90.90/01.08 FOR REBATE ON PALM OIL, NOT FRACTIONATED, REFINED, BLEACHED AND DEODORISED, BUT NOT CHEMICALLY MODIFIED, CLASSIFIABLE IN TARIFF SUBHEADING 1511.90.90, FOR USE IN THE MANUFACTURE OF SOAP AND ORGANIC SURFACE-ACTIVE PRODUCTS AND PREPARATIONS, IN THE FORM OF BARS, CAKES, MOULDED PIECES OR SHAPES, CLASSIFIABLE IN TARIFF SUBHEADING 3401.1, IN SUCH QUANTITIES, AT SUCH TIMES AND SUBJECT TO SUCH CONDITIONS AS THE INTERNATIONAL TRADE ADMINISTRATION COMMISSION MAY ALLOW BY SPECIFIC PERMIT, PROVIDED THAT THE GOODS ARE NOT AVAILABLE IN THE SACU.

Note: In terms of section 26 (4) of the International Trade Administration Act, 71 of 2002, the Commission may, inter alia, require an applicant to provide additional information in respect of the application. The conditions attached to and the information requested below reflects the minimum requirements, which ITAC would apply to evaluate an application under this rebate provision.

1. APPLICATION PROCEDURE

1.1 Applications for permits must be addressed to the International Trade Administration Commission (ITAC), Private Bag X 753, Pretoria, or delivered by hand to the DTI Campus, (Block E), 77 Meintjies Street, Sunnyside, Pretoria, 0002 or sent electronically via e-mail to Mrs K. Legodi at e-mail: klegodi@itac.org.za.

PLEASE NOTE THAT THE USE OF AN INCORRECT EMAIL ADDRESS OR THE FORWARDING OF THE SAME EMAIL MULTIPLE TIMES TO THE ABOVE ADDRESS MAY DELAY THE PROCESSING OF AN APPLICATION.

1.2 Applicants must provide ITAC with the required information as per the relevant Excel application spreadsheet (Annexure A) within the stipulated timeframe for submitting application.

1.3 The Applicant is informed that information that may constitute ‘Personal Information’ as defined by the Protection of Personal Information Act 4 of 2013 (“POPIA”) may be collected and stored by ITAC. Should it be necessary, including but not limited to, in circumstances wherein the application is dependent on a ‘recommendation’ by a select industry stakeholder or another state department or public entity, the Applicant also acknowledges that such information may be shared with third parties. Please refer to our External Privacy Notice (located on ITAC’s official website) for more information on how your information is collected, processed and shared.

1.4 Applications must be made well in advance of the shipment of the goods, as rebate permits will not be issued retrospectively. At least fourteen (14) days should be allowed for the processing of applications and the issue of permits.

1.5 Each rebate permit issued defines the period during which the goods concerned can be cleared with rebate of duty, and the period shall be for a calendar year starting from the date on which the permit was issued, or a shorter period as requested by the Applicant, or as decided upon by ITAC.

1.6 An application will be regarded as deficient if, amongst others, the following is found:

(a) The application is not submitted in the correct format.

(b) The application has not complied with the guidelines, rules, and conditions as set out in this document.

(c) The requisite information and supporting documents are not submitted; and

(d) The application contains conflicting or incorrect information.

1.7 Should an application be found to be deficient, it may not undergo further processing until the deficiencies have been addressed and the application is accepted as properly documented within the stipulated timeframe for submitting applications.

1.8 Applicants who submit deficient applications must re-submit properly documented application forms within the stipulated timeframe for submitting applications. This will replace the deficient application. Failure to submit the amended properly documented application form within the stipulated timeframe for submitting applications, will result in the application being considered withdrawn and will not be processed further.

1.9 A properly documented application means an application that contains all required information and for which all supporting documents referred to in paragraph 2.5 have been provided.

1.10 Should an application be rejected, the applicant will be informed in writing of the decision and the reasons thereof.

2. GENERAL CONDITIONS

2.1 Applicants must comply with the provisions of the Customs and Excise Act, the ITA Act and all other South African legislation relating to the importation of goods into the Republic of South Africa, relevant to the transaction.

2.2 Notwithstanding anything to the contrary herein, permits are issued at the discretion of the ITAC and an application for a permit does not assure approval thereof. In exercising discretion, ITAC shall have regard to the ITA Act and other applicable legislation, as well as these Guidelines and the facts relating to each application.

2.3 In accordance with the provisions of rebate item 460.06/1511.90.90/01.08, permits will be issued in such quantities, at such times and subject to such conditions as the International Trade Administration Commission may allow by specific permit may allow by specific permit, provided that the goods are not available in the SACU market.

2.4 In terms of section 26 (4) of the ITA Act, ITAC may, inter alia, require an applicant to provide additional information in respect of the application. The conditions attached to, and the information requested below, reflect the minimum requirements which ITAC would apply to evaluate an application under this rebate provision.

2.5 Applicant must submit the following supporting documents together with a completed application form:

(a) Proof that the applicant is registered with SARS as an importer under the rebate provision concerned.

(b) The current SARS electronic access PIN (to allow ITAC to verify full tax compliance status);

(c) The applicant must provide their Companies and Intellectual Property Commission (CIPC) registration document as proof of registration.

(d) The applicant must provide a formal letter on the applicant’s business letter head confirming that it complies with labour laws, regulations and agreements gazetted by the Minister of Labour.

(e) Completed Excel application spreadsheet (see Annexure A); and

(f) Where there are local manufacturer(s) of refined, bleached and deodorised palm oil, applications must be accompanied by written evidence of engagements, such as letters or emails, with the said local manufacturer(s). The applicant can request the manufacturers to respond within 14 days of the request.

i. In cases where the local manufacturer(s) cannot supply the requested quantity, applicants must obtain a confirmation letter from the manufacturer explicitly stating their inability to supply. This original confirmation letter must be submitted as part of the application package.

ii. If a local manufacturer unreasonably refuses or fails to provide the required confirmation letter, ITAC will intervene by issuing a formal letter to the manufacturer. This letter will inform them of the application and request confirmation of their production capability and capacity. The manufacturer will be given a 7-day period to respond. Any response provided within this timeframe will be considered during ITAC’s decision-making process.

iii. Should the manufacturer fail to respond within the stipulated 7-day period, or if the response and other available information indicate that the manufacturer is reasonably unable to supply the required quality and quantity of palm oil, ITAC reserves the right to issue a permit. This decision may be made notwithstanding the absence of a confirmation letter from the manufacturer.

2.6 Rebate permit may not be transferred in any manner by the holder thereof, to any other person, or be used to the benefit of any person, not named in the permits.

2.7 Any request for an amendment of a rebate permit must be forwarded to ITAC for consideration. Amendments will only be considered in the following instances:

a) Error by ITAC on permit.

b) Error by applicant regarding product description or tariff subheading.

This will only be processed if request is accompanied by a confirmation from SARS in this regard.

Note: No amendments of the statistical unit (quantity or value), which was applied for, will be considered – a new application has to be submitted in such instances together with the original previous permit.

2.8 Should, for instance, the permit holder misplaces a permit, the permit holder will be required to submit a request in writing for re-issuing of a replacement permit. The request must clearly set out the circumstances giving rise to the situation and must show good cause or reasons why a replacement permit should be issued.

3. NON-COMPLIANCE

3.1. Where non-compliance is detected, appropriate action will be taken against the relevant party in terms of the ITA Act and/or the Customs and Excise Act. This action may include (without limitation) criminal charges and the withdrawal of the permit(s) concerned.

3.2. If the conditions of rebate item 460.06/1511.90.90/01.08 are not complied with, the permit holder will, upon detection of such contravention, be issued with a compliance notice to show good cause. The applicant must submit evidence within seven (7) days of receipt of the compliance notice why ITAC should not make any adverse finding/s on the prima facie evidence of noncompliance with the above conditions. Thereafter the matter will be considered by ITAC and if ITAC determines that a contravention of any of these permit conditions has occurred, the permit may be varied, amended or revoked/rescinded.

3.3. Should non-compliance with any applicable legislation be detected by ITAC at any time, ITAC will take such non-compliance by a permit holder or related party who facilitates such conduct into account in considering whether to revoke/rescind a permit issued in terms of Rebate Item 460.06/1511.90.90/01.08. In terms of section 54(1)(b) of the International Trade Administration Act, Act 71 of 2002, it is an offence to fail to comply with a condition stated in a permit and any person found guilty of such an offence is liable to a fine not exceeding R500 000,00 or to imprisonment for a period not exceeding ten years or to both such fine and imprisonment.

3.4. By accepting this permit, the person/entity and its Directors and persons exercising management control over it, to which this permit is issued, irrevocably binds himself/herself/itself/ jointly and severally, to the conditions contained herein as well as any legislative requirements and/or obligations contained in the relevant guidelines, rules and conditions associated with the rebate items concerned.

LINK TO FULL NOTICE

International Trade Administration Act: Guidelines RBD Palm Oil

G 53335 GeN 3486

12 September 2025

53335gen3486.pdf

LAW AND TYPE OF NOTICE

Customs and Excise Act:

Amendment to Schedule No. 1 (No. 1/1959) (English / Afrikaans)

G 53334 RG 11183 GoN 6594

12 September 2025

APPLIES TO: 

1. Tea Industry

• The specific mention of heading/subheading 0902.40 refers to tea, which means:
  • Importers of Kenyan tea into South Africa will face changes in duty rates.
  • Retailers and distributors of tea products may see cost increases.
  • Food and beverage companies that use tea as an ingredient could be impacted by price fluctuations.

2. International Trade & Import/Export Businesses

• Companies involved in cross-border trade with ACFTA (African Continental Free Trade Area) State Parties, especially Kenya, will be affected.
• Customs brokers and logistics firms handling goods under the affected tariff codes will need to adjust their compliance and pricing strategies.

3. Retail and Wholesale

• Businesses that sell imported goods from Kenya, particularly tea, may need to reassess their sourcing or pricing due to the suspension of preferential duty rates.

4. Agricultural and Commodity Trading

• Firms engaged in commodity trading, especially in agricultural products like tea, will be impacted by changes in tariff structures and trade benefits.

5. Regulatory and Compliance Services

• Legal and consulting firms that specialize in customs, trade law, and compliance will need to update clients on the implications of this amendment.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Customs and Excise Act: Amendment to Schedule No. 1 (No. 1/1959) (English / Afrikaans)

G 53334 RG 11183 GoN 6594

12 September 2025

53334rg11183gon6594.pdf

LAW AND TYPE OF NOTICE

Customs and Excise Act:

Amendment to Part 2 of Schedule No. 4 (No. 4/2/407) (English / Afrikaans)

G 53334 RG 11183 GoN 6596

12 September 2025

APPLIES TO: 

1. Hygienic Industry

This includes sectors where sanitary conditions are critical, such as:

• Pharmaceutical manufacturing
• Biotechnology
• Medical device production
• Cosmetics and personal care product manufacturing

These industries often require stainless steel tubing and piping that meet strict hygiene standards.

2. Liquid Food Industry

This covers businesses involved in:

• Dairy processing
• Beverage production (e.g., juices, soft drinks, alcoholic beverages)
• Liquid food packaging and transport
• Breweries and distilleries

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Customs and Excise Act: Amendment to Part 2 of Schedule No. 4 (No. 4/2/407) (English / Afrikaans)

G 53334 RG 11183 GoN 6596

12 September 2025

53334rg11183gon6596.pdf

EDUCATION

LAW AND TYPE OF NOTICE

Continuing Education and Training Act:

Community Education and Training Colleges

G 53352 GoN 6617

16 September 2025

APPLIES TO: 

1. Education Sector

• Public CET Colleges
• Universities and Universities of Technology
• Private Higher Education Institutions
• Technical and Vocational Education and Training (TVET) Colleges
• Distance Education Providers

These institutions may be directly involved in nominating council members or aligning with the strategic direction set by the councils.

2. Government and Public Sector

• Provincial and Municipal Governments: May participate in nominations and policy alignment.
• Department of Higher Education and Training: Oversees the process and implementation.

3. Business and Industry

• Organised Business and Labour: Their involvement ensures that CET programs align with workforce needs.
• Employers and Industry Bodies: May influence curriculum relevance and skills development.

4. Research and Development

• Science and Research Councils: Can contribute expertise and data to guide CET strategies.

5. Non-Governmental and Civil Society Organizations

• Youth, Women, and Disability Advocacy Groups: Ensuring inclusive representation and accessibility in education.

6. Human Resources and Skills Development

• Training Providers and HR Departments: May benefit from improved access to community-based education and training.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Continuing Education and Training Act: Community Education and Training Colleges

G 53352 GoN 6617

16 September 2025

53352gon6617.pdf

FINANCE

LAW AND TYPE OF NOTICE

Currency and Exchanges Act:

Transfer of Administration, Powers and Functions (English / Afrikaans)

G 53351 P 290

16 September 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Currency and Exchanges Act: Transfer of Administration, Powers and Functions (English / Afrikaans)

G 53351 P 290

16 September 2025

53351proc290.pdf

LABOUR

LAW AND TYPE OF NOTICE

Department of Employment and Labour

National Minimum Wage Act (9/2018):

Investigation into the National Minimum Wage: Extension on invitation for written representations.

R. 6638  53362

18 September 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Department of Employment and Labour

National Minimum Wage Act (9/2018): Investigation into the National Minimum Wage: Extension on invitation for written representations.

R. 6638  53362

18 September 2025

https://gpwonline.sharepoint.com/sites/gpw-web/Shared%20Documents/Government/2021-2025/53362%2018-9%20EmploymentLabour.pdf?CT=1758192830168&OR=ItemsView

ACTION

Ensure that you submit your comments before 30 September 2025.

LAW AND TYPE OF NOTICE

Labour Relations Act: Bargaining Council

LINK TO FULL NOTICE

Labour Relations Act: Application for variation of registered scope of a bargaining council: Transnet Bargaining Council: Comments invited

G 53354 RG 11884 GoN 6618

– Comment by 16 Sep 2025

16 September 2025

53354rg11884gon6618.pdf

Labour Relations Act: Application for demarcation order that operations of Alucon Aluminium and Glass CC fall within scope of Building Industry Bargaining Council (Cape of Good Hope): Comments invited

G 53335 GoN 6607

– Comment by 11 Nov 2025

12 September 2025

53335-gon6607.pdf

LEGAL

LAW AND TYPE OF NOTICE

Justices of the Peace and Commissioners of Oaths Act:

Designation of Commissioners of Oaths

G 53355 GoN 6619

16 September 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Justices of the Peace and Commissioners of Oaths Act: Designation of Commissioners of Oaths

G 53355 GoN 6619

16 September 2025

53355gon6619.pdf

MEDICAL

LAW AND TYPE OF NOTICE

Health Professions Act: Regulations:

Constitution of the Professional Board for Emergency Care Practitioners (English / Tshivenda)

G 53335 GoN 6609

12 September 2025

APPLIES TO: 

1. Emergency Medical Services (EMS)

This is the most directly affected industry. The regulations govern the composition of the Professional Board for Emergency Care Practitioners, which oversees:

• Paramedics
• Ambulance emergency assistants
• Emergency care assistants
• Basic ambulance assistants
• Emergency care technicians
• Emergency care practitioners

These roles are central to pre-hospital emergency care and ambulance services.

2. Higher Education Institutions

Universities and other educational institutions that offer emergency care training programs are affected, particularly through:

• Representation on the board via Universities South Africa
• Influence on curriculum standards and professional registration requirements

3. Government and Public Health Administration

The Department of Health is involved in:

• Nominating board members
• Implementing and enforcing the regulations
• Ensuring alignment with national health policy and transformation goals

4. Community and Advocacy Groups

Community representatives are included in the board to ensure public interests are considered, especially regarding:

• Equity and inclusion of designated groups (women, historically disadvantaged racial groups, and persons with disabilities)
• Public accountability and responsiveness of emergency care services

5. Regulatory and Professional Bodies

The Health Professions Council of South Africa (HPCSA) is indirectly affected as it:

• Recommends regulations
• Maintains professional registers
• Oversees compliance and professional standards

SUMMED UP

Purpose

To establish updated regulations for the constitution of the Professional Board for Emergency Care Practitioners.

Key Definitions

• Board: Refers to the Professional Board for Emergency Care Practitioners.
• Designated Groups: Includes women, men of African, Asian, or Coloured descent, and persons with disabilities, prioritized based on historical disadvantage.
• Republic: Refers to the Republic of South Africa.
• The Act: Health Professions Act, 1974.

Board Composition

The board will consist of 21 members, all permanent residents of South Africa, appointed by the Minister of Health based on nominations. The composition includes:

1.     4 Paramedics (≥2 from designated groups, ≥1 woman)

2.     1 Ambulance Emergency Assistant

3.     1 Emergency Care Assistant

4.     1 Basic Ambulance Assistant

5.     1 Emergency Care Technician

6.     7 Emergency Care Practitioners (≥3 from designated groups, ≥2 women)

7.     1 Educational Institution Representative (nominated by Universities South Africa)

8.     1 Department of Health Representative

9.     4 Community Representatives (≥2 from designated groups, ≥1 woman)

Repeal

These regulations replace the previous ones published under Government Notice R.3259 in Gazette No. 48358 dated 24 March 2023.

Title

These are officially called the Regulations relating to the Constitution of the Professional Board for Emergency Care Practitioners, 2025.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Health Professions Act: Regulations: Constitution of the Professional Board for Emergency Care Practitioners (English / Tshivenda)

G 53335 GoN 6609

12 September 2025

53335-gon6609.pdf

ACTION

Emergency Medical Services Providers

Examples: Ambulance services, paramedic companies, hospitals with EMS units

Actions Required:

• Ensure registration of staff (paramedics, assistants, technicians, practitioners) with the Health Professions Council of South Africa (HPCSA).
• Nominate qualified professionals for board membership when calls for nominations are issued.
• Promote diversity in nominations, prioritizing designated groups (women, historically disadvantaged racial groups, and persons with disabilities).
• Stay compliant with any future board decisions or standards set by the newly constituted board.

Educational Institutions

Examples: Universities offering emergency care qualifications

Actions Required:

• Participate in board nominations via Universities South Africa.
• Align curricula with standards and expectations set by the board.
• Support transformation goals by promoting access and representation for designated groups in training programs.

Department of Health

Actions Required:

• Appoint board members based on nominations from eligible individuals and organisations.
• Ensure compliance with the new regulations and repealed provisions.
• Monitor board activities and provide oversight and support.

Community and Advocacy Organizations

Examples: NGOs, civil society groups, disability rights organisations

Actions Required:

• Nominate community representatives to the board.
• Advocate for inclusive representation and accountability in emergency care services.
• Engage with the board to raise public concerns or feedback.

Health Professions Council of South Africa (HPCSA)

Actions Required:

• Update registers to reflect current professionals eligible for board nomination.
• Support the Minister in implementing the new board structure.
• Facilitate communication between stakeholders and the board.

TRANSPORATION

LAW AND TYPE OF NOTICE

National Land Transport Amendment Act: Commencement (English / isiZulu)

G 53335 P 289

12 September 2025

APPLIES TO: 

1. E-Hailing and Ride-Sharing Services

Examples: Uber, Bolt, inDrive

Impact:

• Formal recognition of e-hailing as a public transport mode.
• Requirement for national operating licences (replacing charter permits and meter-taxi licences).
• Greater regulatory oversight and safety standards.
• Clarification of legal status and operational boundaries.

2. Agriculture Sector

Examples: Farmers transporting workers between fields

Impact:

• Amendment to Section 53 and 68 exempts farmers from needing operating licences when transporting their own workers without charging a fare.
• Addresses previous confusion and enforcement issues where vehicles were impounded.

3. Public Transport Operators

Examples: Minibus taxis, bus services, metered taxis

Impact:

• Updated definitions and licensing requirements.
• Integration with non-motorised transport (e.g., walking, cycling).
• Expanded powers for provinces and municipalities to manage contracts and operations.

4. Government Entities

Examples: Municipalities, provincial transport departments

Impact:

• Empowered to conclude contracts for public transport services.
• Establishment of Municipal Regulatory Entities.
• Expanded authority to regulate and enforce transport laws.

5. Accessibility and Non-Motorised Transport Advocates

Examples: Disability rights groups, urban mobility planners

Impact:

• Inclusion of non-motorised transport (walking, cycling, wheelchairs).
• Mandated development of accessible infrastructure and services.

6. Passenger Rail and Integrated Transport Networks

Examples: Passenger Rail Agency of South Africa (PRASA)

Impact:

• Integration of rail with other transport modes.
• Promotion of seamless travel through ticketing and infrastructure coordination.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Land Transport Amendment Act: Commencement (English / isiZulu)

G 53335 P 289

12 September 2025

53335proc289.pdf

National Land Transport Amendment Act 23 of 2023

LAW AND TYPE OF NOTICE

National Land Transport Act:

Second National Land Transport Regulations

G 53335 GeN 3487

12 September 2025

APPLIES TO: 

1. Public Transport Operators

• Bus companies, minibus taxi associations, and charter service providers are directly affected by new licensing, contract, and compliance requirements.
• Operators must align with updated Integrated Transport Plans (ITPs) and may be required to convert existing permits into time-bound licenses.

2. E-Hailing Platforms and Tech Providers

• Companies like Uber, Bolt, and other ride-hailing apps must register with the National Public Transport Regulator (NPTR).
• They must meet strict technical, safety, and operational standards for their platforms and vehicles.
• App developers and tech vendors supplying e-hailing infrastructure are also impacted.

3. Municipalities and Provincial Governments

• Local and provincial authorities are responsible for:
  • Developing and approving ITPs.
  • Entering into public transport contracts.
  • Managing suspensions of license applications.
  • Overseeing compliance and enforcement.

4. Regulatory Bodies

• National Public Transport Regulator (NPTR)
• Provincial Regulatory Entities (PREs)
• These bodies handle licensing, registration, enforcement, and oversight of transport services.

5. Transport Planning and Consulting Firms

• Consultants involved in transport planning, feasibility studies, and stakeholder engagement must align their methodologies with the new regulations.

6. Vehicle Manufacturers and Suppliers

• Especially those supplying vehicles for public transport and e-hailing services.
• Vehicles must meet specific marking, safety, and panic button requirements.

7. Educational Institutions

• Schools and universities using contracted transport services must ensure compliance with updated licensing and service agreements.

8. Legal and Compliance Professionals

• Lawyers and compliance officers advising transport operators or municipalities must interpret and apply the new regulatory framework.

9. Data and IT Service Providers

• Required to support electronic recordkeeping, app functionality, and integration with government systems (e.g., OLAS – Online Licensing Application System).

SUMMED UP

Purpose

To regulate various aspects of public transport, especially:

• Entry into public transport contracts
• Electronic hailing (e-hailing) services
• Conversion of transport permits and licenses
• Suspension of license applications
• General provisions and penalties

Structure of the Regulations

Chapter 1: Entry into Public Transport Contracts

• Defines terms and conditions for municipalities and provinces to enter into public transport service agreements.
• Requires Integrated Transport Plans (ITPs) and stakeholder consultations.
• Sets out procedures for identifying affected operators and negotiating terms.

Chapter 2: E-Hailing Transport Services

• Establishes rules for licensing and operation of e-hailing services (e.g., Uber, Bolt).
• Requires registration of platforms and apps with the National Public Transport Regulator (NPTR).
• Specifies technical and safety requirements for vehicles and apps.
• Details obligations for drivers and platform providers, including electronic receipts and panic buttons.

Chapter 3: Conversion of Permits and Licenses

• Mandates conversion of indefinite or long-term permits into time-bound licenses.
• Sets deadlines and conditions for eligibility (e.g., proof of continuous operation for 180 days).

Chapter 4: Suspension of License Applications

• Allows authorities to suspend new license applications in areas with unregulated transport activity.
• Provides for temporary suspensions and special invitations for applications under exceptional circumstances.

Chapter 5: General Provisions

• Covers enforcement, penalties (up to R100,000), and amendments to previous regulations.
• Includes updated application forms (Form 1A, 1B, 9A) for various transport services.

Forms Included

• Form 1A & 1B: Applications for transport licenses (new, renewal, amendment, transfer).
• Form 9A: Registration or renewal for e-hailing platform providers.

Legal Impact

• Repeals previous regulations from 2009 related to public transport contracts.
• Introduces stricter compliance and oversight mechanisms for both traditional and digital transport services.

FULL TEXT

DETAILS

Please click on the link provided below to view the Regulation in more detail.

LINK TO FULL NOTICE

National Land Transport Act: Second National Land Transport Regulations

G 53335 GeN 3487

12 September 2025

53335gen3487.pdf

ACTION

Public Transport Operators (Bus, Taxi, Charter Services)

Required Actions:

1.     Convert Existing Permits:

o   Apply to convert indefinite or long-term permits into time-bound licenses within 24 months.

o   Provide proof of continuous operation (180 days minimum).

2.     License Applications:

o   Use updated forms (Form 1A/1B) for new, renewal, or amendment applications.

o   Ensure vehicles are properly registered and meet safety standards.

3.     Compliance with Contracts:

o   Participate in negotiations for public transport contracts.

o   Submit business and operational plans aligned with Integrated Transport Plans (ITPs).

4.     Marking and Identification:

o   Ensure vehicles display required business information and contact details.

5.     Electronic Receipts:

o   Provide passengers with digital receipts containing trip and vehicle details.

E-Hailing Platforms (e.g., Uber, Bolt)

Required Actions:

1.     Register with NPTR:

o   Submit Form 9A for platform registration.

o   Renew registration every 7 years.

2.     App Compliance:

o   Ensure apps meet functional requirements (e.g., live tracking, panic buttons, fare transparency).

o   Devices used must comply with RICA and ECA regulations.

3.     Driver and Vehicle Requirements:

o   Drivers must have valid licenses and PrDPs.

o   Vehicles must be marked and equipped with safety features.

4.     Data Sharing:

o   Respond to requests from transport authorities for operational data.

5.     License Conversion:

o   Existing e-hailing operators must convert licenses within 180 days.

Municipalities and Provincial Governments

Required Actions:

1.     Develop and Approve ITPs:

o   Ensure ITPs are current and meet minimum requirements.

2.     Contract Management:

o   Follow procedures for entering into public transport contracts.

o   Conduct stakeholder consultations and publish notices.

3.     Suspend License Applications:

o   Where necessary, initiate suspension of new license applications in unregulated areas.

4.     Monitor and Enforce Compliance:

o   Oversee operator performance and enforce penalties for violations.

5.     Coordinate with Provinces:

o   Enter agreements for shared responsibilities and funding.

Regulatory Bodies (NPTR, PREs)

Required Actions:

1.     Process Applications:

o   Use updated forms and procedures for licensing.

o   Ensure timely decisions on conversions and renewals.

2.     Issue Notices and Requests:

o   Request data from e-hailing platforms and operators.

o   Notify stakeholders of suspensions or enforcement actions.

3.     Enforce Penalties:

o   Impose fines (up to R100,000) for non-compliance.

Transport Planning & Consulting Firms

Required Actions:

1.     Align with New Regulations:

o   Update methodologies to reflect new compliance and planning standards.

2.     Support Municipalities:

o   Assist in developing ITPs and conducting feasibility studies.

Vehicle Manufacturers & Suppliers

Required Actions:

1.     Ensure Compliance:

o   Supply vehicles that meet marking, safety, and panic button requirements.

2.     Support Operators:

o   Provide documentation and support for licensing applications.

Educational Institutions

Required Actions:

1.     Verify Transport Contracts:

o   Ensure transport providers have valid licenses and meet safety standards.

ADVERTISING ARTICLES

SOUTH AFRICA

Liqui Fruit ordered to drop ‘Nothing But Fruit’ slogan

Liqui Fruit has been ordered to drop or amend its “Nothing But Fruit” slogan after the Advertising Regulatory Board’s appeals committee found it misled consumers by claiming the juice contains only fruit, despite additives.

The watchdog’s decision comes after a consumer complaint challenged the slogan, arguing it was misleading because the juice contains added ingredients like flavourants and preservatives.

Liqui Fruit had argued that its use of “Nothing But Fruit™” was a long-established brand trademark used in a hyperbolic sense, and that a reasonable consumer would not interpret the phrase literally in the context of a long-life fruit juice.

“In relation to ‘Nothing But Fruit™’, the Advertiser explained that the term is a long-established brand trademark used in the hyperbolic 1 Act 68 of 2008. 2 Act 119 of 1990. 4 sense. A reasonable consumer would not interpret this literally in the context of a longlife fruit juice,” the watchdog said.

“On the truthfulness issue, the Advertiser denied any use of the phrase ‘Sourced From Local Farms’ in relation to Liqui Fruit, noting that the evidence cited was linked to another one of its products, Ceres. To the extent that the Advertisement made reference to local sourcing, it was only to confirm the Advertiser’s general commitment to local procurement, subject to commercial and quality conditions”.

The watchdog upheld Liqui Fruit’s right to label its product as “100% fruit juice,” acknowledging that minimal, legally permitted additives do not negate this claim.

However, it ruled that the “Nothing But Fruit” slogan was misleading and must be removed or amended across all advertising platforms.

“The Advertiser is instructed to remove or amend the claim ‘Nothing But Fruit’ from its Advertisement and to withdraw the term from every medium in which it appears, in accordance with Clause 15.5 of the Procedural Guide of the Code”

Mthobisi Nozulela

Saturday Star

ELECTRICITY ARTICLES

SOUTH AFRICA

Electricity has reached ‘unaffordable proportions’ – ANC on Nersa tariff blunder

The African National Congress (ANC) has welcomed Electricity and Energy Minister Dr Kgosientsho Ramokgopa’s intervention and his demand for consequence management over the National Energy Regulator of South Africa’s (Nersa’s) R54-billion tariff blunder.

Nersa agreed to a court order that Eskom can collect an extra R54-billion in tariffs over the next few years, as a result of errors made by the regulator in its sixth multiyear price determination revenue decision.

The ANC expressed concerns over the tariff blunder to consumers, who are already battling an inflationary economy.

“This blunder comes at a time when electricity is exorbitant, having reached unaffordable proportions,” said ANC national spokesperson Mahlengi Bhengu.

She said the ANC welcomed the Electricity and Energy Department’s plan to address the surging electricity costs and the plan to mitigate the high electricity costs which erode household incomes.

Further, she said the ANC would resist and reject any attempt to pass the cost on to consumers.

“The ANC promotes clean governance and prudence in the administration of State entities including government departments. As an organisation acting in the best interests of the people, to improve the quality of life and reduce the high cost of living we will monitor and interact with those at the helm of government and the electricity sector to address this issue. This includes illegal connections, incorrect billing and the challenges faced by the municipalities in their inability to service the Eskom debt as part of our Action Plan post the ANC Roll Call as a call to action to improve the lives of the people,” she said.

Meanwhile, last week, the Democratic Alliance (DA) referred Nersa to the Public Protector for investigation.

The party also wants a reconstitution of the Nersa board with “competent professionals”.

Earlier this month, the party wrote to Nersa chairperson Thembani Bukula demanding public accountability and answers.

In a letter to the DA, Bukula conceded to errors in Nersa’s calculations, citing a “clerical error” and a “version control issue”.

The letter to the DA also said a remedial process to find the origin of the errors was underway, and that consequence management would also take place to ensure accountability.

Thabi Shomolekae

Creamer Media Senior Writer

ENVIRONMENTAL ARTICLES

SOUTH AFRICA

Biohazard concern after medical waste plant gutted

SA’s largest medical waste incineration plant, which was under scrutiny by the Green Scorpions for compliance issues, has been gutted by fire, raising serious health and safety concerns in North West. TimesLIVE reports that the blaze ripped through Averda’s Klerksdorp facility in the early hours of Tuesday, destroying parts of the site that handle up to 800t of hazardous medical and pharmaceutical waste a month, including diseased body parts and organs. On Friday, the Department of Forestry, Fisheries & the Environment (DFFE) confirmed the incident, saying its compliance unit, the Green Scorpions, had visited. ‘In February 2025, a compliance inspection was conducted and a warning with specific requirements was issued. The facility has been reporting on these requirements and remains under close monitoring,’ the DFFE said. Officials are probing whether Averda had stored excessive volumes of waste on the site.

Full TimesLIVE report

FINANCE ARTICLES

SOUTH AFRICA

Basa slams Tau’s credit act U-turn

Banking body slams minister’s ‘disregard for legally required consultation’

SA’s most influential business lobby groups have voiced rare but blistering public dissent against trade, industry & competition minister Parks Tau.

This is after Tau scrapped proposed changes to the National Credit Act that were meant to help small businesses secure loans.

Tau abruptly withdrew the draft amendments to the act, a dramatic U-turn prompted by a storm of public and political opposition over a clause it was feared would have listed educational institutions as originators of credit information and made student debt reportable to credit bureaus.

Supporters of the proposals argued those provisions predated the current amendments and that changes would help plug data gaps that block credit access for small businesses, the sputtering engine of economic growth and jobs.

The Banking Association SA (Basa), which speaks for all the major domestic players, called the move premature and procedurally flawed, enough to corrode trust in every future policy making effort.

“The withdrawal of draft amendments to National Credit Act regulations has compromised due process and the interests of micro, small and medium enterprises on the basis of known misinformation,” Basa said in a statement on Sunday.

“Of great concern is that the minister withdrew the proposed amendments before the closing date for comments on the draft regulations. He did this on the basis that the vast majority of submissions received, until then, were opposed to the proposed regulations without presenting any detail to that effect,” the association said.

Caved in

Business Unity SA (Busa) echoed this sentiment, saying that Tau has botched the policy-making process and caved in to political pressure.

“This withdrawal is a problem on a number of fronts because an instrument that was intended to allow smaller SMEs [below R1m] to access credit without onerous criteria is now on hold.

“The actual amendment did not touch the issue of credit bureaus having access to information,” Busa’s CEO, Khulekani Mathe, told Business Times, sister publication to Business Day.

The rift between business and government comes at an inopportune time for SA, which business leaders have urged to adopt predictable and evidence-based policy-making if it is to spark a private sector economic recovery.

The kerfuffle reflects governance malaise in which policy U-turns are driven by headline pressure rather than economic logic, leaving small businesses caught in the crossfire of politics and pitting growth-minded reforms against populist sentiment.

“That the minister chose not to wait to hear from those who might have made different submissions is not a reflection of the robust nature of SA’s democracy, but rather an indication of a disregard for proper, meaningful and legally required consultation in the face of misplaced and misinformed political pressure,” Basa said. “This sets a dangerous precedent for current and future legislative processes in SA.”

Tau published draft regulations last month, drawing 20,000 mostly negative submissions before last Friday’s deadline. The EFF, among political actors, mobilised against the changes, framing them as “anti-poor, anti-youth” while the ANC’s general secretary, Fikile Mbalula, declared that the proposals “didn’t reflect ANC policy”.

In the end, the swelling tide compelled Tau to back down even before the end of the consultative process. A major flashpoint in the debate was what Basa described as a misunderstanding of the student debt clause, which was misread as amounting to black­list­ing stu­dents who owe tuition fees.

“The proposed draft amendments have nothing to do with allowing credit bureaus to receive credit information from educational institutions. The provision for credit bureaus to receive credit information from educational institutions has been in the NCA since 2006,” Basa said.

“It is not a new proposal and has not been introduced in the draft amendments. It is unfortunate that the minister and his department were seemingly not aware of the provisions in the legislation for which they are responsible.”

Basa said the withdrawal left urgent unfinished business in the small business credit market.

Data from the 2025 MSME Access to Finance report showed that small businesses account for 40% of SA’s GDP and employ about 60% of the workforce but face a R350bn fund gap.

“As it stands, extensive work undertaken by a business-government partnership in support of small businesses has now been disrupted, renewing concerns that gov­ern­ment does not have a coherent, complementary economic policy, but rather a cluster of ministers and departments that act in their own short-term interests,” Basa said.

By Tiisetso Motsoeneng Acting Editor

BusinessDay

Big VAT changes coming for South Africa

National Treasury has outlined the significant Value-Added Tax (VAT) changes contained in the draft Tax Laws Amendment Bill (TLAB) as well as its plans to modernise South Africa’s VAT regime.

The draft TLAB and Tax Administration Laws Amendment Bill (TALAB) for 2025 were published for public comment on 16 August 2025 and contain the remainder of the tax announcements made in the 2025 Budget Review.

Because of the delayed budget process this year, the bills are still going through workshops and engagement processes, but are expected to be tabled by the Minister of Finance during the 2025 MTBPS.

The TLAB in particular contains a host of minor definition changes and amendments that sometimes work out to have significant impacts on the industries affected.

Some key examples include the relatively ‘small’ change to get rid of a R500 and R100 threshold on low-value imports that will reverberate across an entire sector.

Other proposed changes are far larger, like making all supplies related to basic educational activities exempt from VAT, which has the consequence of some private schools having to de-register for VAT, impacting their operations.

Here are some of the most notable VAT changes outlined by the National Treasury:

VAT and intermediaries

The current laws allow Intermediaries to account for VAT on supplies made on behalf of only foreign suppliers of “electronic services” as if these supplies were made by the intermediary.

It is proposed that the laws be expanded to also include supplies made by intermediaries on behalf of the local suppliers.

VAT on silver

When gold is delivered to a refinery and all the gold from the various depositors are melted together, it becomes difficult to then say which depositor’s gold formed what percentage of the gold bar that is now ready for export.

The VAT Act requirements for the documentary evidence to zero-rate the export, were difficult to meet.

The same problem exists with silver exports, and where there are also adequate reporting and record keeping requirements in place.

It is proposed to amend the VAT Act to cater for the documentary requirements for the zero-rating of the export of silver in the same manner as that permitted for gold.

VAT on clinical trials

In order to address the difficulties faced by suppliers of testing services to non-resident clients, it is proposed that a new section be introduced to zero-rate the supply of these testing services and reporting to non-residents.

This includes a proposal to add a section to zero-rate the goods used to provide the testing services. The hope is to keep South African suppliers competitive on a global scale.

VAT on education

It is proposed that all supplies related to educational activities by basic educational institutions to be exempt from VAT.

This may require education groups to deregister for VAT. This will then trigger a change in use adjustment, where output tax must be declared to balance out the input tax previously claimed.

NT is proposing to amend the VAT Act to ensure that past assessments that have been finalised for the periods prior to 1 January 2026 are not reopened either by SARS or the vendor.

VAT registration

To mitigate risks in the VAT registration process, SARS may require a site inspection to verify that the enterprise’s business address exists and the premises are suitable for conducting the activities of the enterprise.

In terms of existing law, where a taxpayer conducts business from home, SARS is only entitled to inspect the part of the premises used for trade.

VAT on foreign airtime vouchers

This relates to foreign residents in South Africa buying airtime for families back home (ie, in a foreign country).

It is proposed that provision be made in the legislation to subject only the deemed distribution services within South Africa to VAT at the standard rate. The airtime itself will be out-of-scope since the consumption is offshore.

VAT on low-value imports

Currently, goods of a value of R500 or less for customs duty purposes and goods—being printed books, newspapers, journals and periodicals that are imported into the Republic by post not exceeding R100 in value—are exempt from the VAT, if there is no value for customs duty purposes.

National Treasury said there are legitimate concerns that have been expressed by the domestic industry relating to the uneven playing field between domestic and offshore suppliers of these low value goods, especially where the provisions of the VAT Act are concerned.

It is proposed that the threshold be removed to level the playing field for both local and offshore suppliers of low value goods.

VAT ‘renewal’

Treasury said that it is continuing with the VAT Modernisation Project, which was announced by the Minister in the 2023 Budget Review.

The renewal project aims to enhance South Africa’s VAT administrative framework and improve the tax ecosystem with SARS and other stakeholders.

“In the VAT context, these challenges comprise reliance on manual, paper-based invoicing systems; inefficiencies in compliance; the risk of errors; and tax evasion,” the department said.

As a first phase, Treasury is proposing amendments to the tax laws to insert the relevant definitions that will form the pillars of the VAT Modernisation Project.

In turn, this will also allow for the expansion of the minister ‘s regulatory powers, and set up the foundations of a voluntary e-Reporting system.

“The benefits of the proposed system will include improved and less effort in compliance; enhanced visibility/transparency; reduced error and fraud; and increased efficiency in tax administration, which may extend beyond VAT in time,” Treasury said.

BusinessTech

FSCA takes action against four funeral firms for operating without insurance licences

THE Financial Sector Conduct Authority (FSCA) has clamped down on four funeral firms that issue funeral policies without licensed underwriters in place and that have, in total, collected more than R67 million in premiums without the required insurance licences.

All four funeral companies have, meanwhile, signed undertakings to rectify their licensing status and to comply with the law in this regard in the future.

The FSCA recently dealt with each case on its own and conducted investigations in each matter after receiving information that the companies were issuing funeral policies without having an insurer, which is a contravention of the Insurance Act.

In each case, the owners of the funeral houses gave their cooperation and fully undertook to rectify matters.

In the first matter, TFBS Funeral Parlour in Orkney, North West, came under the spotlight after it had advised 275,870 clients and collected R66,263,210 in premiums between May 2022 and September 2024.

The parlour settled 2,325 claims, amounting to R34,875.

The FSCA pointed out that the Financial Advisory and Intermediary Services Act provides that a person may not act or offer to act as a financial services provider unless the person has been issued with a relevant licence.

The Insurance Act, in turn, provides that no person in South Africa may conduct insurance business in the country without a licence issued under this Act.

Thus, the FSCA said, the collection of premiums and the processing of claims without these licences are not permissible.

The funeral parlour, meanwhile, undertook to, within 30 days, provide proof of the insurance business underwriting.

They also undertook to ensure that at all times, their clients’ business is placed with a licenced underwriter.

Funeral Assist 24 CC, based in Johannesburg, also gave a similar undertaking and fully cooperated with the FSCA. It had advised about 2000 clients between October 2022 and June this year.

The closed corporation collected R666,708 in premiums during this time and paid out 144 claims worth R432,000.

Cape Town-based Eyodidi Funeral Undertaker operated from December 2023 to June 2025 without the required licence. The investigation revealed that they collected R810,000 in premiums from 150 clients, of which they settled 98 claims. The contraventions were also admitted in this case, and the undertaking company also undertook to rectify the situation.

Ermelo in Mpumalanga-based funeral parlours, Soul City No 1 and Amashiba Amahle, which share a single owner, also undertook to abide by the FSCA rules and get their house in order.

Across both entities, it has 220 clients and collected R13,000 in premiums, while 50 claims were paid.

Zelda Venter

Cape Times

South Africa’s compliance crossroads: from greylist pressure to supervisory vigilance, regulator feedback

As South Africa stands on the precipice of potential removal from the FATF grey list, the compliance fraternity is experiencing a decisive shift from passive alignment to proactive enforcement. The ACAMS South Africa Chapter’s flagship webinar, held on 11 June 2025, served as a critical briefing for professionals navigating this transition. Hosted by Jamie Rowland, Co-Chair of the ACAMS South Africa Chapter, the event brought together high-level regulators and industry experts to dissect the country’s readiness, highlight systemic vulnerabilities, and map the way forward for designated non-financial businesses and professions (DNFBPs) and financial institutions.

The session featured two of the country’s foremost voices in AML/CFT supervision:

Advocate Jan Augustyn, Manager: Supervision and Enforcement, Financial Intelligence Centre (FIC)

Charl Giel, Head: AML/CFT Supervision Department, Financial Sector Conduct Authority (FSCA)

Their messages were clear: greylisting may end, but regulatory pressure will not.

From Fragmentation to Oversight: The FIC’s Rapid Recalibration

Advocate Augustyn opened with a frank account of how South Africa’s fragmented supervisory regime prior to December 2022 had left vast areas of the financial and non-financial system unsupervised or under-regulated. This culminated in the FATF’s February 2023 greylisting, citing poor supervision, weak enforcement, and inadequate risk-based monitoring of DNFBPs.

In response, the FIC underwent a radical structural reform, assuming full supervisory control over:

·       Legal practitioners

·       Estate agents

·       Dealers in precious metals and stones

·       Trust and company service providers

·       Gambling entities

·       Motor vehicle and Krugerrand dealers

·       Credit providers

·       Crypto asset service providers (shared with FSCA)

·       Postbank and the South African Mint

To enable targeted supervision, the FIC introduced its Risk and Compliance Return (RCR)—a 160-question diagnostic submitted by accountable institutions and assessed via a proprietary Risk and Compliance Analysis (RCA) Tool. Institutions that failed to submit their RCRs by the May 2024 deadline were categorised as high risk by default.

 The Numbers Behind the Overhaul: Enforcement in Action

In the 2024/25 financial year, the FIC exceeded its target of 500 inspections, completing 556 supervisory inspections comprising:

·       478 off-site reviews 78 on-site inspections

Breakdown by sector:

·       Legal practitioners: 242 inspections

·       Estate agents: 165 inspections

·       Dealers in precious metals/stones: 90 inspections

Compliance findings were sobering

Risk Management and Compliance Programme (RMCP) compliance failures:

·       156 out of 242 legal practitioners were non-compliant

·       108 out of 165 estate agents failed to meet RMCP standards

·       53 out of 61 dealers in precious metals/stones did not comply

Customer Due Diligence (CDD)

Only 23 legal practitioners were fully compliant

·       138 estate agents exhibited serious deficiencies

Targeted Financial Sanctions (TFS)

·       64 out of 74 inspected legal firms failed to meet TFS obligations

·       40 out of 45 estate agents were non-compliant with TFS screening

Notably, the FIC reported that template-based RMCPs were a significant contributor to poor outcomes. Some institutions were found to have copy-pasted RMCPs from other firms—complete with incorrect names and irrelevant controls.

In terms of remedial action

·       330 formal remedial actions issued

·       214 institutions remediated successfully within 90 days

·       351 Notices of Admission of Non-Compliance issued

Retrospective financial sanctions ranged from R20,000 to over R7.8 million

FSCA’s Parallel Push: Terrorist Financing, Beneficial Ownership and Sanctions Failures

Charl Giel of the FSCA echoed Augustyn’s urgency and took the conversation further into the evolving threat landscape, particularly terrorist financing (TF) and proliferation financing (PF).

South Africa’s Terrorism Financing National Risk Assessment (TF NRA), updated in June 2024, reclassified the country’s TF risk from moderate to high.

According to Giel:

‘South Africa may not be a primary target for attacks, but it is increasingly exploited as a base for financing terrorism abroad—especially through refugee abuse, NPO misuse, and informal remittance channels.’

The FSCA’s data reinforces this:

All recent sanctions issued by FSCA involved Risk-Based Approach (RBA) and RMCP deficiencies.

The top three compliance failures identified

Sanctions screening failures

·       Non-identification of beneficial owners

·       Inadequate CDD application

Out of a sample of enforcement cases post-greylisting:

·       100% included RMCP deficiencies

·       60% involved sanctions screening breaches

·       55% cited beneficial ownership identification failures

·       40% showed weak or missing CDD processes

The FSCA reiterated that Section 28A (objective TFS reporting) and Section 29 (subjective suspicion reporting) of FICA are being routinely misunderstood.

Giel highlighted:

‘A match to a UN Security Council list requires a Section 28A report and immediate asset freeze. Failure to freeze could constitute a criminal offence.’

The FSCA has since mandated that every accountable institution screen:

·       All clients

·       Beneficial owners

·       Employees (per Directive 8)

At onboarding and upon any updates to the UN Consolidated List

RMCPs: The Root of Systemic Weakness

Both Augustyn and Giel emphasised that RMCP quality remains the single greatest systemic failure in compliance programmes across institutions. Giel warned that most RMCPs reviewed in inspections were:

·       Outdated

·       Generic or templated

·       Not approved by the board or senior management

Silent on key procedures such as escalation, training, or asset freezing

Michelle Fourie from the FSCA reinforced this point at the recent Moonstone Compliance Conference:

‘An RMCP that says ‘We identify our clients’ without explaining how, when, or who is responsible, is not an RMCP. It’s a document masquerading as compliance.’

Enforcement Is the New Normal

While regulators expressed cautious optimism that FATF may clear South Africa by the end of 2025, both speakers underscored that the intensity of enforcement will only increase:

On-site and off-site inspections will continue to scale.

Institutions using outdated risk frameworks or off-the-shelf RMCPs will face administrative sanctions—even if remediation is later achieved.

Late or non-responses to inspection notices will no longer be tolerated.

Reliance on external compliance officers during inspections is permitted, but the accountable institution must speak for itself.

Post-Greylisting, the Hard Work Begins

As Advocate Augustyn concluded:

‘There is no hiding anymore. South Africa’s regulatory landscape has matured. Institutions must stop seeing compliance as an obligation and start treating it as strategic risk mitigation.’

The tone of the webinar was clear: greylisting may be reversible, but regulatory expectations are not. Institutions must move from policy to practice—embedding compliance into every corner of their operations. Failing to do so will no longer be ignored, and excuses will no longer be entertained.

James George

Compli-Serve Cape

HEALTH AND SAFETY ARTICLES

SOUTH AFRICA

R46.7m Spent, Gauteng Hospitals Still At Risk

Massive payments to contractors raise questions as hospital fire detection and suppression systems remain inadequate

The Gauteng Health Department has allocated a staggering R46.7 million over the past three years to two contractors responsible for implementing fire detection and suppression systems across provincial hospitals.

This substantial investment raises questions about the effectiveness and efficiency of these measures, particularly as the healthcare sector grapples with numerous challenges, not least of which is ensuring patient safety and compliance with stringent fire safety regulations.

In a written reply to the Gauteng Legislature, Health MEC Nomantu Nkomo-Ralehoko revealed that Modipadi Nokaneng and the Ngwato and Manzi Group (NMG) received R28.8m and R17.9m, respectively, between 2022/23 and 2024/25 for “services rendered by the service provider.”

The Democratic Alliance’s Gauteng Shadow Health MEC, Jack Bloom, raised concerns over the companies’ links to Deputy President Paul Mashatile’s sons and questioned why they are now claiming an additional R44m.

“We need to know why the original R49 million contract has apparently been extended,” Bloom said, noting that hospitals remain non-compliant with the Occupational Health and Safety Act.

Generally, detection and suppression systems, particularly in the context of fire safety, work together to identify a fire in its early stages and then automatically take action to extinguish or control it, thereby minimising damage and protecting lives.

The detection part uses components like smoke detectors and heat sensors to sense danger, which triggers an alarm to alert people. The suppression part then activates to release a fire-fighting agent (such as water from sprinklers, or inert gases like CO2 or chemicals in gas suppression systems) to put out the fire before it spreads.

However, over the past four years, Gauteng hospitals have repeatedly been engulfed in fire, underscoring the severity of the problem.

In April 2021, a major fire at Charlotte Maxeke Hospital forced the evacuation of nearly 700 patients and caused extensive damage, including the partial collapse of the parking garage.

Earlier this year, Tembisa Hospital suffered two fires within five days, destroying patient files and forcing emergency diversions.

In 2022, both Steve Biko Academic Hospital and Chris Hani Baragwanath Academic Hospital were hit by fires, affecting temporary Covid-19 structures and a laundry area, though no casualties were reported.

Bloom also questioned how the companies, though legally separate entities, appear to share staff, resources, and office space.

He slammed the companies, highlighting that massive payments have been made while hospital fire prevention systems remain dangerously inadequate.

“It is suspicious that so much money has been paid to these companies, who are still claiming millions more,” he said, emphasising the urgent need for accountability.

Gauteng Health Department spokesperson Motalatale Modiba addressed concerns over the R46.7m paid to the companies, despite hospitals still being non-compliant with fire safety standards.

‘The amounts paid were for work completed at the hospitals we contracted them to service,’ he said.

Asked how the functionality of fire detection and suppression systems is verified and why payments are made without proof of compliance, he said that once the work is completed, officials from the Gauteng Department of Infrastructure Development sign off on a completion certificate, which is then forwarded to the Department of Health for payment.

Modiba further addressed concerns about repeated incidents, such as the fires at Tembisa Hospital, explaining that regular maintenance of fire extinguishers is being carried out based on available resources.

However, questions remain about when Gauteng hospitals will achieve full compliance with fire safety standards to ensure the safety of patients and staff.

Masabata Mkwananzi

The Star Early Edition

TRANSPORTATION ARTICLES

SOUTH AFRICA

Big legal changes for Uber and Bolt in South Africa

After many years of consultation and revisions, the South African transport department gazetted amendments to the National Land Transport Act for implementation on Friday, 12 September 2025.

The amendments are primarily aimed at addressing loopholes in public transport requirements that emerged with the arrival of e-hailing services like Uber and Bolt.

The Act officially recognises e-hailing services as a regulated type of public transport.

While this will mean metered and minibus taxis can no longer label ride-hailing services as “illegal”, it also comes with certain new obligations for e-hailing drivers.

Firstly, e-hailing drivers must also obtain operating licenses. “This will ensure that services remain authorised and safe,” the department said.

“The Provincial Regulatory Entity offices will ensure compliance upon processing all applications before drivers can be issued with an Operating License.”

There are also rules aimed at ensuring e-hailing services maintain quality and security. All e-hailing vehicles will need to be branded or carry a sign showing the name of their company.

In addition, all e-hailing vehicles must be fitted with panic buttons. “Vehicle owners are responsible for making sure these are installed,” the department said.

“The panic button for commuters will assist with crime detection and enable a rapid response by law enforcement or tracking companies.”

Even with these measures in place, the department recommended that commuters verify that vehicle and driver details appear in the app before getting in the vehicle.

“Commuters are also required to ensure that the vehicle and driver are compliant,” the department said. “Drivers are required to have the requisite documents to be eligible for compliance.”

The legislation also provides for fines of up to R100,000 or up to two years in jail for app developers who permit users to use their apps without an operating license.

E-hailing companies must also register and comply with company laws in South Africa under the Department of Trade, Industry and Competition and the South African Revenue Service.

The department said there may be other requirements with costs outside of its purview. From next week, it will hold workshops to share the information with all operators and officials across the country.

Limits on operating areas

E-hailing associations, metered taxi representatives, and minibus taxi associations have been calling for the introduction of legislation for ride-hailing services for several years.

Earlier this week, transport department spokesperson Collen Msibi said that an operating licence also comes with certain conditions.

This includes requiring vehicles to be roadworthy and specifying an area of jurisdiction where the driver may operate their services.

Drivers are allowed to take passengers outside their designated operating area, but may not pick them up outside of it.

For example, if a driver has an operating licence in an area in Gauteng and someone books a lift to an address in Limpopo, the driver will need to return without taking payment for the drive back.

It remains to be seen whether these changes will be effective in cooling tensions between e-hailing drivers and conventional taxi services.

Uber and Bolt will also need to work hard to regain the public’s trust. In recent years, the services have developed a reputation for using poor-quality cars, lacking proper safety, and having ineffective customer service.

Organisation Undoing Tax Abuse CEO Wayne Duvenage recently told MyBroadband that vehicle quality and customer service needed to be priorities for these services.

Duvenage also believes that drivers being allowed to operate for more than one platform and e-hailing companies prioritising high-volume, low-margin turnover exacerbated the issues.

“This has resulted in a less customer-centric experience, vehicles that are tired and a general reduction in attention to detail and all-around professional experience,” Duvenage said.

“Apart from the occasional outlier, I certainly don’t get the impression that drivers are trying to exceed one’s service level expectations.”

By Hanno Labuschagne

My Broadband

TOBACCO ARTICLES

SOUTH AFRICA

How SA influencers help the tobacco industry to spread confusing messages

Usually South African influencer Honour Zuma, known as Cyan Boujee, posts about things like new skincare products and fashion. But in August 2025, she started talking about a career opportunity for young women in the Republic of Tatarstan, which is part of the Russian Federation.

Last week, government said they were investigating the group she was posting about, Alabuga Start. The names of 10 social media influencers who promoted the group are now with law enforcement.

This came after a report by the Global Initiative Against Transnational Organised Crime found credible evidence that the programme recruits young women to work at facilities that manufacture drones used as Russian weapons.

The above example raises questions about the kind of interests that social media influencers may be representing in the unregulated social media space.

Companies have been paying influencers to do what they do — influence — for years.

Tobacco companies are notorious for using this type of marketing tactic when they are trying to sell their products or advance their own policy interests. The most recent example of this appears to be in the case of the Tobacco Products and Electronic Delivery Control Systems Bill. The Bill moved through Parliament’s health committee, which wrapped up public hearings last week, and will now be reviewed by the health department.

“Very soon it will be illegal for [street vendors] to sell loose cigarettes,” Sbusiso Leope, better known as DJ Sbu, posted from a taxi rank in June to his 1.3-million Instagram followers. A month later, he promoted a live discussion on how the Bill will hurt informal traders on his Instagram, TikTok and Facebook accounts.

Another Instagram and TikTok influencer, who posts short comedy skits, claimed that the government was “secretly” working to ban loose cigarettes, while reality TV star and spiritual healer Michelle Mvundla, who posts as Mpho wa Badimo, told her 800 000 followers that the new Bill will make it illegal for informal traders to sell cigarettes at all.

DJ Sbu’s claims were true — it will be illegal to sell loose cigarettes, as the Bill says that tobacco products can’t be sold without an intact package. But unlike the other influencer said in his post, it’s no government secret — it is just part of the Bill.

The claim that it will be illegal for informal traders to sell cigarettes at all is also untrue. The Bill doesn’t mention restricting the sale of cigarettes, only that they may not be sold to children, through the internet or postal services, or near places where children get education.

What’s also true is that a ban on single cigarettes would likely hit informal traders hard. Organisations representing hawkers and spaza shop owners, such as the National Informal Traders Alliance of South Africa (Nitasa), say the most common way that informal traders sell cigarettes is to sell them individually. In fact, in an August presentation to Parliament, University of Pretoria public health expert Lekan Ayo-Yusuf, said nearly half of smokers in South Africa buy single stick cigarettes.

But public health experts are concerned.

They say the selective picture that some of the influencers are presenting may confuse the public on important issues that the Bill seeks to address. In this way, they may be taking up classic tobacco industry talking points and tactics, without even knowing it.

Team tobacco?

These posts are part of a social media campaign by Nitasa. They say they’ve “teamed up” with local content creators to talk about how bans on single cigarette sales and any displays of tobacco products will affect the country’s informal traders, which StatsSA estimated were nearly 2-million in 2023.

In an August post, Nitasa shared a clip from a recent breakfast show with DJ Sbu on Radio 2000, where their spokesperson spoke about the same issues — what the Bill says, how single stick bans will cause people to smoke more, and the work Nitasa does to help informal traders register their businesses.

“My biggest surprise,” says Catherine Egbe, a senior specialist scientist from the South African Medical Research Council’s mental health, alcohol, substance use and tobacco research unit, “is that as someone who works for the good of the society, one would have thought that [DJ Sbu] would look at the ultimate impact [of tobacco or nicotine] on the people he’s seeking to protect, because he comes up with the notion that, ‘Oh, I’m trying to protect small scale traders’.

“But what he doesn’t understand is that more people who are of low socioeconomic status are impacted negatively by tobacco. More people who are of low socioeconomic status do not have access to healthcare services when they contract tobacco related diseases.”

Nitasa’s general secretary, Mampapatla Madikoto, told Bhekisisa that the penalty for selling single sticks is a 10-year prison sentence. “This would essentially ban any informal trader from opening a packet of cigarettes to sell a loose draw, which is unthinkable.”

But that’s where the confusion starts.

The goal? To get people to change their minds 

The Bill actually proposes bans on public smoking, cigarette displays at points of sale, the sale of cigarettes not in intact packaging — which would largely affect informal traders, who sell single cigarettes — and for packs to carry plain packaging and graphic warnings.

What it doesn’t say is that an informal trader selling a single cigarette would immediately land in prison for 10 years. It proposes that offenders, which include manufacturers, distributors, spaza shops and other major retailers like grocery and liquor outlets and, yes, informal traders, can face a fine or prison time up to 10 years or both if they violate one of the many proposed regulations.

Egbe says the misinformation is a deliberate attempt to sway public opinion. While the Bill says offenders could be liable, the ultimate ruling would be for a judge to decide which punishment fits which crime, and for which offender.

And Egbe makes the point that a judge isn’t likely to treat an informal trader the same way as a manufacturer or major retailer — which includes huge companies worth billions of dollars — or even a supplier or retailer.

Parliamentarians are also raising the alarm on incorrect information around the Bill, which introduces rules for how and where tobacco products can be sold and consumed to stop people from smoking, help those who do quit and protect non-smokers from being exposed to smoke.

At a recent public hearing, MP Sheilla Xego said the Bill won’t ban smoking. “It’s about saving people and their health. Quitting may be the end result but it is left to be voluntary.”

Stop the Bill

Despite work on the Bill starting in 2018, it only reached Parliament in 2022. Getting here has been slow, which researchers say is due, in part, to the tobacco industry and its allies using the media and influencers to shape public opinion on the Bill.

When it was first out for public comment in 2018, the now disbanded Tobacco Institute of South Africa (Tisa), a group that represented tobacco farmers and companies, launched the #TakeBackTheTax campaign.

Tisa paid for billboards, newspaper adverts and influencers — including former journalist Yusuf Abramjee, who has over 900 000 followers on X — to share social media posts calling on government to deal with “illegal cigarettes” before introducing new regulations. The Limpopo Tobacco Processors (the “new” Tisa) ran a similar campaign called Stop the Bill in 2023.

The Nitasa campaign repeats some of the same issues mentioned in those campaigns. They argue the rules will increase illegal cigarette sales, and lose informal traders’ business. “When someone stops at a table top seller or spaza shop to buy a cigarette, they often [also] buy other products,” says Madikoto.

But arguments about illicit trade are a classic part of the tobacco industry’s talking points, the World Health Organisation pointed out in their recent report on the industry. According to Ayo-Yusuf, illicit trade is often driven by legitimate manufacturers who find ways to avoid paying proper taxes while producing branded cigarettes — the same companies who use it as an argument to slow regulation.

#BeMarlboro and #LikeUs

In 2018, an investigation by the global health advocacy group Campaign for Tobacco-Free Kids found that young influencers, given hashtags such as #BeMarlboro and #LikeUs by tobacco companies, posted content that was viewed over 25-billion times globally on X (formerly Twitter). They were trained to take “natural”, unstaged photos, hide health warnings on cigarette packs in their photos and use hashtags.

One of the influencers told the researchers: “We had a training session with the person in charge of marketing at Marlboro, she talked to us about how difficult it was for them to advertise because of the laws in place … about the brand … even about the box and design … how they make you link the brand to certain colours and situations.”

The Nitasa campaign, which is being posted about by around 20 influencers with followers that range from 400 to 1.3-million, is following a similar script. Some are small business owners, others are social commentators with a following of young South Africans interested in current affairs.

Some influencers say informal traders are being excluded from public hearings on the Bill, and that loose cigarettes are the biggest selling product for informal traders.

Madikoto told Bhekisisa that Nitasa requested to present to Parliament many times, but these were denied on a technicality — he ended up presenting on behalf of the Limpopo Small, Medium Enterprises and

Hawkers Association, who he also serves on the executive committee of.

In DJ Sbu’s shared Instagram post with Nitasa he interviewed traders, who explained that they make a living out of selling loose cigarettes and will lose customers. “It’s not going to be easy for us. At least if [we sell them] there’s something you get from it, it’s better than going home empty-handed,” said one vendor.

One influencer with over 25 000 followers told Bhekisisa they were paid by Nitasa and received a messaging pack with hashtags and statements, but admitted they hadn’t done their own research on the Bill.

When asked if Nitasa had ever been funded by or collaborated with tobacco companies or industry groups, or if Nitasa paid the influencers, Madikoto declined to answer.

The full picture

But informal traders are only part of the story.

A survey of tobacco marketing in sub-Saharan Africa, presented at the World Conference of Tobacco Control in Dublin earlier this year, found that nearly one in three South African women surveyed had seen influencers promote tobacco and nicotine products on Instagram, TikTok, Facebook and X. Researchers say these platforms are not enforcing their own policies banning these types of adverts, which are viewed by children and young adults.

In 2022, when researchers looked at 29 different studies of teens and young adults, they found those exposed to tobacco content on social media had more than double the odds of ever using tobacco, using tobacco in the last 30 days, and being susceptible to future tobacco use among never users. This included e-cigarettes, cigarettes, cigars, hookah and smokeless tobacco.

That’s why the World Health Organisation recommends bans on tobacco and nicotine ads on social media, including influencer marketing. If passed, South Africa’s proposed tobacco Bill will ban all advertising and promotion of e-cigarettes, including on social media and by paid influencers. Online sales of these products will also be prohibited.

Advertising laws in SA

In South Africa, tobacco laws ban the marketing and promotion of cigarettes on TV, radio and billboards, as well as indirectly through TV shows, movies or sponsored events. But they don’t cover social media influencer posts.

That leaves the membership-based Advertising Regulatory Board (ARB) as the only industry group with rules for social media advertising. They advise influencers to disclose when they are paid for a post (or receive, for example, goods) by using hashtags such as “#ad” or “#sponsored”, explains ARB chief executive officer, Gail Schimmel.

The ARB code says influencers can’t rely on the defence of “it was my opinion” if they make a false claim. But, says Schimmel. “They are also human beings entitled to their own opinions, and can use their platforms as they wish.”

Schimmel says their relationships with TikTok and Meta, the parent company which owns Facebook and Instagram, and soon with Google, who own YouTube, mean even if a complaint is made against a non-member of the ARB, they can alert the platforms about the false claims.

Next for Parliament

After public hearings on the Bill ended last week, the portfolio committee will now hear the health department’s response to concerns raised, and then decide on whether to proceed with the Bill or halt it.

Passing the Bill is an important step to closing the social media gap that the tobacco industry takes advantage of, says Egbe. “He’s [DJ Sbu] not promoting a tobacco product, but he’s promoting the interests of the industry.”

Bhekisisa attempted to reach DJ Sbu for comment on his position on the Bill, his position on tobacco products, the tobacco industry and the Nitasa campaign, but he didn’t respond to requests through his bookings agent or Radio 2000.

Zano Kunene

Zano Kunene is a health journalist at Bhekisisa.