Agricultural Products Standards Act: Revocation of appointment as Assignee: Leaf Services

Plant Breeders’ Rights Act: Regulations

Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act: Application for derogation for the restricted use of agricultural remedies identified as substances of concern: Comments invited

National Energy Regulator Act: National Energy Regulator of South Africa: Nominations invited

National Nuclear Regulator Act: Board of the National Nuclear Regulator: Nominations invited of organised labour

Pan South African Language Board Act: Compliance with Use of Official Languages Act, Pan South African Language Board Act, and the Constitution

Pharmacy Act: South African Pharmacy Council: Rules relating to good pharmacy practice

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

Gwede’s tweaks to bill ‘not enough’

Concerns over Mantashe’s changes to draft mineral resources bill

AGRICULTURE

LAW AND TYPE OF NOTICE

Agricultural Products Standards Act:

Revocation of appointment as Assignee: Leaf Services

G 52850 GeN 3304

13 June 2025

APPLIES TO: 

1. Agricultural Producers

• Farmers and cooperatives growing:
  • Canola
  • Dry beans
  • Groundnuts
  • Maize
  • Malting barley
  • Rice
  • Sorghum
  • Soya beans
  • Sunflower seeds
  • Wheat (bread wheat, durum wheat, soft wheat)

2. Processors and Manufacturers

• Companies that process raw grains into:
  • Maize products (e.g., meal, flour)
  • Wheat products (e.g., bread, pasta)
  • Other grain-based foods and ingredients

3. Distributors and Exporters

• Businesses involved in the distribution, packaging, and export of grains and grain products, especially those requiring compliance with agricultural standards.

4. Regulatory and Compliance Bodies

• Organizations that rely on assignees like LEAF Services to enforce quality and safety standards under the Agricultural Product Standards Act.

5. Retailers and Wholesalers

• Entities selling grain products to consumers or other businesses, who may be affected by changes in inspection, certification, or compliance processes.

DETAILS

LINK TO FULL NOTICE

Agricultural Products Standards Act: Revocation of appointment as Assignee: Leaf Services

G 52850 GeN 3304

13 June 2025

52850gen3304.pdf

ACTION

Take note.

LAW AND TYPE OF NOTICE

Plant Breeders’ Rights Act:

Regulations

G 52850 GoN 6302

13 June 2025

APPLIES TO: 

1. Plant Breeders and Research Institutions

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

2. Seed Companies

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

3. Farmers

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

4. Government and Regulatory Bodies

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

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

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

6. Legal and Intellectual Property Firms

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

SUMMED UP

Definitions and Scope

• Clarifies terms like DUS test (Distinctness, Uniformity, Stability), UPOV code, and Household consumption.
• Defines categories of farmers (e.g., Household, Smallholder, Medium Scale, Large Scale, Mega/Corporate).

Register of Plant Breeders’ Rights

• Specifies what information must be included in the register (e.g., variety denomination, applicant, agent, UPOV code, grant dates, expiry dates).

Application and Inspection Procedures

• Details how to inspect documents, apply for rights, withdraw applications, and amend submissions.
• Lists fees for various services (e.g., application, inspection, amendment).

Duration of Rights

• 30 years for fruit trees, vines, sugar cane, and potatoes.
• 25 years for other crops.
• Sole rights last 8 years for the former and 5 years for the latter.

Exceptions for Farmers

• Farmers in certain categories may use protected varieties under specific conditions.
• Includes a list of plant categories (e.g., maize, beans, potatoes) and maximum seed quantities allowed for use.

Transfer and Licensing

• Procedures for transferring rights and applying for compulsory licenses.
• Includes hearing procedures for objections and appeals.

Labeling Requirements

• Labels must include scientific/common names, variety denomination, protection status, and trademarks if applicable.

Examination and Trials

• Requirements for submitting plant material for DUS testing.
• Conditions under which results from other countries or national listings may be accepted.

Publication in Plant Variety Journal

• Specifies what must be published (e.g., approvals, rejections, amendments, cancellations).
• Journal is published quarterly and annually (special edition).

FULL TEXT

DETAILS

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

LINK TO FULL NOTICE

Plant Breeders’ Rights Act: Regulations

G 52850 GoN 6302

13 June 2025

528506302.pdf

ACTION

Government and Regulatory Bodies (e.g., Registrar, Department of Agriculture)

• Maintain Registers: Keep a detailed register of plant breeders’ rights.
• Publish Journals: Issue quarterly and annual editions of the Plant Variety Journal.
• Process Applications: Receive, review, and decide on applications for plant breeders’ rights.
• Conduct DUS Tests: Oversee or accept results of Distinctness, Uniformity, and Stability tests.
• Handle Objections and Appeals: Organize hearings and issue decisions.
• Issue Licenses: Grant compulsory licenses when necessary.
• Collect Fees: Ensure payment of application, examination, and annual fees.
• Monitor Compliance: Enforce labeling, usage, and propagation rules.

Farmers (Categorized by Scale)

• Comply with Usage Limits: Use protected varieties only within allowed quantities and categories.
• Label Saved Seeds: Clearly label saved propagating material with required information.
• Notify Breeders: Inform breeders when saving seeds beyond allowed limits and pay royalties.
• Avoid Infringement: Understand which categories are exempt from breeders’ rights and which are not.

Plant Breeders and Applicants

• Submit Applications: File for plant breeders’ rights with required documentation and fees.
• Appoint Agents: Especially if not domiciled in South Africa.
• Provide Material for Testing: Submit plant material for DUS testing within specified timeframes.
• Pay Fees: Cover application, examination, and annual maintenance fees.
• Label Products: Ensure proper labeling of propagating and harvested material.
• Notify Transfers: Inform the Registrar of any transfer of rights.
• Respond to Objections: Provide counterstatements if objections are raised.

Agents

• Act on Behalf of Applicants: Submit applications, amendments, and other documents.
• Maintain Communication: Serve as the point of contact with the Registrar.
• Ensure Compliance: Help clients meet deadlines and regulatory requirements.

LAW AND TYPE OF NOTICE

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

Application for derogation for the restricted use of agricultural remedies identified as substances of concern: Comments invited

G 52853 GoN 6311

– Comment by 12 Jul 2025

13 June 2025

APPLIES TO:

1. Regulatory and Compliance Pressure

• Hydramethylnon is classified as a Highly Hazardous Pesticide (HHP) due to its reproductive toxicity (Category 1B) under the Globally Harmonized System (GHS)
• The Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act mandates that such substances are phased out unless a temporary derogation is granted for specific, justified uses
• This increases the regulatory burden on agricultural businesses and pest control operators who must now justify continued use or switch to alternatives.

2. Impact on Pest Management

• The product is used to control ants and cockroaches in outdoor environments like lawns, turfgrass, parks, and golf courses.

• If the derogation is denied, farmers and land managers may lose access to a familiar and effective pest control tool, potentially leading to:
  • Increased pest infestations.
  • Reduced crop or turf quality.
  • Higher costs for alternative treatments.

3. Economic Implications

• The cost of transitioning to safer alternatives or implementing integrated pest management (IPM) strategies could be significant.

• However, long-term benefits may include:
  • Reduced health risks to workers and the public.
  • Improved environmental sustainability.
  • Better alignment with international trade standards, which increasingly restrict HHPs.

4. Environmental and Public Perception

• Continued use of HHPs may attract negative public attention and pressure from environmental groups.
• Conversely, phasing out such substances can enhance the reputation of the agricultural sector as environmentally responsible.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act: Application for derogation for the restricted use of agricultural remedies identified as substances of concern: Comments invited

G 52853 GoN 6311

– Comment by 12 Jul 2025

13 June 2025

52853gon6311.pdf

ACTION

1. 2022 Environmental Science ZA (Pty) Ltd

Role: Applicant and manufacturer/distributor of the product.

Required Actions:

• Submit a formal application for derogation to the Registrar.

• Provide a comprehensive risk assessment report detailing:
  • Justification for continued use.
  • Mitigation measures for health and environmental risks.

• Ensure public access to the report and facilitate public comment.
• Respond to any queries or objections raised during the public consultation period.

2. Department of Agriculture, Land Reform and Rural Development (DALRRD)

Role: Oversight and regulatory authority.

Required Actions:

• Review the derogation application and risk assessment.

• Facilitate public participation, including:
  • Publishing the notice.
  • Providing access to documents.
  • Collecting and reviewing public comments.

• Coordinate with other departments or experts if needed (e.g., environmental or health agencies).
• Make a final decision on whether to approve, reject, or request modifications to the application.

3. Registrar: Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies

Role: Regulatory decision-maker under Act No. 36 of 1947.

Required Actions:

• Evaluate the scientific and regulatory merits of the application.

• Ensure compliance with:
  • National legislation.
  • International standards (e.g., GHS classification).

• Issue a decision notice:
  • Approve with conditions.
  • Deny the application.
  • Request further data or clarification.

EDUCATION

LAW AND TYPE OF NOTICE

Special Investigating Units and Special Tribunals Act:

Referral of matters to existing Special Investigating Unit: Chemical Industries Education and Training Authority (CHIETA):

G 52846 RG 11847 P 267

12 June 2025

APPLIES TO: 

Primary Organization

• CHIETA: The main subject of the investigation. It is responsible for skills development in the chemical industries sector.

Other Potentially Affected Entities

1.     Entities receiving discretionary grant funding from CHIETA — especially those where:

·       CHIETA employees or officials may have undisclosed or unauthorized interests.

·       There may have been fraudulent or irregular practices.

2.     Service providers contracted by CHIETA for:

·       Information and communications technology (ICT) services

·       Auditing services

·       Especially if procurement was not fair, transparent, competitive, or cost-effective.

3.     Any person or entity involved in:

·       Improper, unlawful, or corrupt conduct related to CHIETA’s operations.

·       Activities that caused losses to the State or CHIETA.

SUMMED UP

Purpose of the Proclamation

The President has referred certain matters concerning the Chemical Industries Education and Training Authority (CHIETA) to the Special Investigating Unit (SIU) for investigation under the Special Investigating Units and Special Tribunals Act, 1996.

Scope of the Investigation

The SIU is tasked with investigating allegations of:

1.     Serious maladministration in CHIETA’s affairs.

2.     Improper or unlawful conduct by CHIETA employees or officials.

3.     Unlawful appropriation or expenditure of public funds or property.

4.     Irregular or unapproved transactions affecting state property.

5.     Loss or damage to public money or property due to negligence or intent.

6.     Corruption-related offences under the Prevention and Combating of Corrupt Activities Act, 2004.

7.     Any conduct causing serious harm to public interest, even if it occurred before or after the official investigation period (from 1 January 2016 to the date of publication).

Detailed Schedule of Allegations

The Schedule outlines specific areas of concern:

1.     Discretionary grant funding possibly allocated to entities with undisclosed interests by CHIETA employees.

2.     Losses or prejudice suffered by CHIETA or the State due to the above.

3.     Procurement of ICT and auditing services that may have violated procurement laws or internal policies.

4.     Improper conduct by any person or entity related to the above allegations.

FULL TEXT

DETAILS

PROCLAMATION NOTICE 267 OF 2025

by the

PRESIDENT of the REPUBLIC of SOUTH AFRICA

SPECIAL INVESTIGATING UNITS AND SPECIAL TRIBUNALS ACT, 1996 (ACT NO. 74 OF 1996): REFERRAL OF MATTERS TO EXISTING SPECIAL INVESTIGATING UNIT

WHEREAS allegations as contemplated in section 2(2) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) (hereinafter referred to as “the Act”), have been made in respect of the affairs of the Chemical Industries Education and Training Authority (hereinafter referred to as “CHIETA”);

AND WHEREAS CHIETA or the State suffered losses that may be recovered;

AND WHEREAS I deem it necessary that the said allegations should be investigated and civil proceedings emanating from such investigation should be adjudicated upon;

NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of CHIETA, for investigation to the Special Investigating Unit established by Proclamation No. R. 118 of 31 July 2001 and determine that, for the purposes of the investigation of the matters, the terms of reference of the Special Investigating Unit are to investigate as contemplated in the Act, any alleged—

(a) serious maladministration in connection with the affairs of CHIETA;

(b) improper or unlawful conduct by the employees or officials of CHIETA;

(c) unlawful appropriation or expenditure of public money or property;

(d) unlawful, irregular or unapproved acquisitive act, transaction, measure or practice having a bearing upon State property;

(e) intentional or negligent loss of public money or damage to public property;

(f) offence referred to in Parts 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), and which offences were committed in connection with the affairs of CHIETA; or

(g) unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof, which took place between 1 January 2016 and the date of publication of this Proclamation or which took place prior to 1 January 2016 or after the date of publication of this Proclamation, but is relevant to, connected with, incidental or ancillary to the matters mentioned in the Schedule or involve the same persons, entities or contracts investigated under authority of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by CHIETA or the State, in relation to the said matters in the Schedule. Given under my Hand and the Seal of the Republic of South Africa at Cape Town this 13th day of March Two thousand and twenty-five.

CM Ramaphosa

President

By Order of the President-in-Cabinet:

MT Kubayi

Minister of the Cabinet

SCHEDULE

1. Fraud, corruption, irregularities, malpractices or maladministration in the affairs of CHIETA in relation to the allocation of discretionary grant funding to entities in which  employees or officials of CHIETA may have had undisclosed or unauthorised interests, and the extent of any benefit so derived by such employees or officials of CHIETA.

2. Any losses or actual or potential prejudice suffered by CHIETA or the State as a result of such fraud, corruption, irregularities, malpractices or maladministration, including the causes of such fraud, corruption, irregularities, malpractices or maladministration.

3. The procurement of, or contracting for information and communications technology services and auditing services by or on behalf of CHIETA, and payments made in respect thereof in a manner that was—

(a) not fair, equitable, transparent, competitive or cost-effective; or

(b) contrary to applicable―

(i) legislation;

(ii) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or

(iii) manuals, codes, guidelines, policies, procedures, prescripts, instructions or practices of, or applicable to, CHIETA, and any related losses or irregular or fruitless and wasteful expenditure incurred by CHIETA or the State as a result thereof.

4. Any irregular, improper or unlawful conduct by employees or officials of CHIETA, or any other person or entity, in relation to the allegations set out in paragraphs 1 to 3 of this Schedule.

LINK TO FULL NOTICE

Special Investigating Units and Special Tribunals Act: Referral of matters to existing Special Investigating Unit: Chemical Industries Education and Training Authority (CHIETA): (English / Afrikaans)

G 52846 RG 11847 P 267

12 June 2025

52846-13rg11847proc267.pdf

ACTION

Take note

ENERGY

LAW AND TYPE OF NOTICE

National Energy Regulator Act:

National Energy Regulator of South Africa: Nominations invited

G 52855 GoN 6313

– Comment by 27 Jun 2025

13 June 2025

FULL TEXT

DETAILS

DEPARTMENT OF MINERAL RESOURCES AND ENERGY

NO. 6313 13 June 2025

INVITATION FOR NOMINATION OF SUITABLE CANDIDATES TO SERVE AS FULLTIME AND PART-TIME REGULATOR MEMBERS FOR (NERSA):

FULL-TIME REGULATOR ELECTRICITY (REF: FT01/2025)

FULL-TIME REGULATOR PIPED-GAS (REF: 02/2025)

PART-TIME REGULATOR (REF:PT03/2025)

The National Energy Regulator of South Africa (“NERSA”) is a regulatory authority established as a juristic person in terms of Section 3 of the National Energy Regulator Act, 40 of 2004 (“the NERA”).

NERSA’s mandate, in terms of Section 4 of the NERA, is to:

a) perform the functions of the Petroleum Pipelines Regulatory Authority, in accordance with Section 4 of the Petroleum Pipelines Act, 2003 (Act 60 of 2003);

b) perform the functions of the National Electricity Regulator, in accordance with Section 4 of the Electricity Regulation Act, 2006 (Act 4 of 2006); and

c) perform the functions of the Piped-Gas Regulator, in accordance with Section 4 of the Gas Act, 2001 (Act 48 of 2001).

In terms of Section 5 (1) of the NERA, NERSA consists of four (4) Full-Time Regulator Members and five (5) Part-Time Regulator Members all appointed by the Minister of Electricity and Energy.

In terms of Section 5 (6) (a) and (b) of the NERA Act, a Part-Time Regulator Member holds Office for a period of four (4) years, while a Full-Time Regulator Member holds Office for a period of five (5) years.

The Minister of Electricity and Energy, Hon. Dr Kgosientsho Ramokgopa, MP, hereby invites nominations for suitable candidates to be appointed as Full-Time and Part-Time Regulator Members of NERSA.

The successful candidates are expected to commence their term of Office on 01 July 2025.

However, if you do not hear from the Department of Electricity and Energy or NERSA within 2 months of the closing date, please accept that your application was unsuccessful.

Requirements: • Minimum of a Master’s degree or equivalent in Engineering/

Finance/Economics/Law • Experience in economic regulation • A sound understanding of

regulatory policy in the South African context and of the South African Electricity Industry are

of great importance.

Candidates must be competent in the following:

• Strategic Management Skills

•Strategic Decision-making Skills

• Relationship Management

• Performance Management

•Leadership Skills

• Corporate Governance Skills

• Financial Management Skills.

Key responsibilities:

Reporting to the Chairperson of the Energy Regulator:

The Full Time Regulator Member Primarily responsible for Electricity Regulation will undertake regulatory

functions of the Electricity Industry as per applicable legislation

• The incumbent will:

•Participate in decision making on Electricity, Piped-gas and Petroleum Pipelines Regulation, in particular in decision making relating to the Regulator functions as set out in section 4 of the Electricity Regulation Act, 2006 (Act No.4 of 2006)

• Chairing the Electricity Regulation Subcommittee meetings and public hearings and making recommendations to the Energy Regulator

• Participate in the Regulator’s subcommittees’ as determined from time to time

• Participate in hearings, enquiries and resolution of disputes on regulatory matters referred to the Regulator by listening to arguments, weighing facts and review evidence before the Regulator in order to make decisions with other sitting members of the Regulator, or any other person so appointed

• Assist the Regulator with consultations, locally and internationally, with government departments and other bodies and institutions regarding any matter contemplated in legislation

• Participate in advising the Minister of Electricity and Energy in particular, and government in general, on issues affecting the Electricity, Piped-gas and Petroleum Pipelines industries

• Prepare for hearings by reading briefing materials and evidentiary documents filed by the parties to understand fully the issues before the Regulator

• When required, represent the Regulator at all forums where the Regulator requires representation

• Participate in public consultation regarding regulations , rules, guidelines, codes of conduct, codes of practice and directives for effective regulation of the Electricity, Piped-gas and Petroleum Pipelines industries

• Maintain a comprehensive understanding of industry developments; review the physical and economic impact of licensees’ facilities to ensure continued relevance of the Energy Regulator’s decision and regulatory framework.

Disclaimer:

a) The Minister reserves the right to amend, modify or withdraw this advertisement or amend any of the requirements set out herein at any time without prior notice and without liability to compensate or reimburse any party;

b) Acknowledgement of the application does not mean acceptance as a candidate; and

c) The Minister reserves the right not to select any applicant as a candidate.

Nomination forms (available at http://www.dmre.gov.za – under the heading “State Owned Entities” and http://www.nersa.org.za – under the heading “Careers” ) Applications must be accompanied by a comprehensive Curriculum Vitae, and must be emailed to NERSAapplications@dmre.gov.za, on or before 27 June 2025.

Enquiries: Mr M. Msimang, tel. (012) 406 7631 or email Msawakhe.Msimang@dmre.gov.za

LINK TO FULL NOTICE

National Energy Regulator Act: National Energy Regulator of South Africa: Nominations invited

G 52855 GoN 6313

– Comment by 27 Jun 2025

13 June 2025

52855gon6313.pdf

ACTION

Interested parties to comment by 27 June 2025

LAW AND TYPE OF NOTICE

National Nuclear Regulator Act:

Board of the National Nuclear Regulator: Nominations invited of organised labour

G 52855 GoN 6317

– Comment by 27 Jun 2025

13 June 2025

FULL TEXT

DETAILS

DEPARTMENT OF MINERAL RESOURCES AND ENERGY

NO. 6317 13 June 2025

INVITATION FOR NOMINATIONS OF SUITABLE CANDIDATES TO SERVE ON THE BOARD OF THE NATIONAL NUCLEAR REGULATOR

The Minister of Electricity and Energy, Hon. Dr Kgosientsho Ramakgopa, MP, hereby invites interested representatives of organised labour to submit nominations of suitably qualified persons to be considered for appointment to the Board of the National Nuclear Regulator (“NNR”). The successful candidate is expected to commence their term of office on 15 July 2025.

The nominated candidates may be suitably qualified persons with any of the following skill sets and/or experience: radiation protection, nuclear medicine, mechanical engineering, electrical engineering, mining, metallurgical engineering, HR/labour relations environmental management, emergency preparedness and response, information technology, governance and risk management.

Candidates nominated must be strictly South African citizens who are not disqualified in terms of section 8(8) of the Act.

PLEASE TAKE NOTE OF THE FOLLOWING REQUIREMENTS FOR SUBMITTING NOMINATIONS:

• Only written (typed) nominations will be considered.

• A declaration of acceptance by the nominee must accompany the written nomination. A copy of the nominee’s current CV.

• Certified copies of Identity documents of the nominee and the person making the nomination.

DISCLAIMER:

a) The Minister reserves the right to amend, modify or withdraw this advertisement or amend any of the requirements set out herein at any time without prior notice and without liability to compensate or reimburse any party;

b) Acknowledgement of the application does not mean acceptance as a candidate; and

c) The Minister reserves the right not to select any applicant as a candidate.

Nomination forms can be downloaded from: http://www.dmre.gov.za under the link

“State Owned Entities” and are also available at https://nnr.co.za

Submit nominations to the Department of Electricity and Energy by email to: NNRapplications@dmre.gov.za

For Enquiries Contact: Mr M. Msimang on (012) 406 7631 or email to Msawakhe.Msimang@dmre.gov.za

Closing date for submitting nominations: 27 June 2025.

LINK TO FULL NOTICE

National Nuclear Regulator Act: Board of the National Nuclear Regulator: Nominations invited of organised labour

G 52855 GoN 6317

– Comment by 27 Jun 2025

13 June 2025

52855gon6317.pdf

ACTION

Interested Parties ensure that you submit your nominations before 27 June 2025

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

National Radioactive Waste Disposal Institute Act:

Board of National Radioactive Waste Disposal Institute: Nominations invited

G 52855 GoN 6315

– Comment by 27 Jun 2025

13 June 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Radioactive Waste Disposal Institute Act: Board of National Radioactive Waste Disposal Institute: Nominations invited

G 52855 GoN 6315

– Comment by 27 Jun 2025

13 June 2025

52855gon6315.pdf

ACTION

Interested Parties, ensure that you submit your nominations before 27 June 2025

LAW AND TYPE OF NOTICE

National Environmental Management:

Protected Areas Act: Declaration of Areas in Northern Cape as part of Existing Tankwa Karoo National Park

G 52850 GoN 6303

13 June 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Environmental Management: Protected Areas Act: Declaration of Areas in Northern Cape as part of Existing Tankwa Karoo National Park

G 52850 GoN 6303

13 June 2025

52850gon6303.pdf

ACTION

Take note

LABOUR

LAW AND TYPE OF NOTICE

Labour Relations Act

LINK TO FULL NOTICE

Labour Relations Act: List of Private Agencies that have been accredited by CCMA for conciliation and/or arbitration and/or inquiry by arbitrator from May 2025 to April 2028

G 52850 GeN 3306

13 June 2025

52850gen3304.pdf

LANGUAGES

LAW AND TYPE OF NOTICE

Pan South African Language Board Act:

Compliance with Use of Official Languages Act, Pan South African Language Board Act, and the Constitution

G 52850 BN 792

13 June 2025

APPLIES TO: 

National-level public sector organizations in South Africa:

1.     National Government Departments
These are ministries or departments under the national government (e.g., Department of Health, Department of Education).

2.     National Public Entities
These include statutory bodies and agencies established by legislation to perform specific public functions (e.g., SABC, SANParks, CSIR).

3.     National Public Enterprises
These are state-owned companies or enterprises operating at the national level (e.g., Eskom, Transnet, South African Airways).

Each of these organizations is required to:

• Submit legislative, executive, or administrative measures taken to promote multilingualism.
• Provide an Annual Language Report for the 2024/25 financial year.

SUMMED UP

Purpose of the Notice

PanSALB is requesting all national departments, public entities, and public enterprises to submit:

1.     Legislative, executive, and/or administrative measures taken to promote multilingualism through their language policies.

2.     An Annual Language Report for the 2024/25 financial year, which must include:

·       A detailed description of the activities of the language unit.

·       A detailed description of the implementation of the language policy.

·       A detailed account of complaints received and how they were handled.

Deadline

• Submission due by: 30 June 2025
• As per UOLA Regulation 5(1), reports must be submitted within three months after the end of the financial year.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Pan South African Language Board Act: Compliance with Use of Official Languages Act, Pan South African Language Board Act, and the Constitution

G 52850 BN 792

13 June 2025

52850bn792.pdf

ACTION

Ensure that you submit before 30 June 2025

LEGAL

LAW AND TYPE OF NOTICE

Superior Courts Act:

Determination of sittings of specific courts

G 52851 GoN 6309

12 June 2025

1.     Superior Courts of South Africa

·       High Courts

·       Circuit Courts

·       Land Claims Court

·       Electoral Court

These courts will need to align their calendars with the new term schedules.

2.     Legal Profession

·       Law firms

·       Advocates and attorneys

·       Legal aid organizations
Legal practitioners must adjust their case planning, filings, and court appearances according to the updated court terms.

3.     Government Departments and Agencies

·       Department of Justice and Constitutional Development

·       National Prosecuting Authority (NPA)

·       Office of the State Attorney
These bodies coordinate closely with the courts and will need to adapt their operations accordingly.

4.     Judicial Officers and Court Staff

·       Judges, magistrates, registrars, clerks, and administrative personnel
Their work schedules and leave planning will be directly influenced by the new term structure.

5.     Educational Institutions

·       Law faculties and universities
They may adjust academic calendars, especially for practical legal training and moot court activities.

6.     Public and Civil Society Organizations

·       NGOs involved in legal advocacy or court monitoring
These groups may use the court calendar to plan litigation strategies or public interest interventions.

FULL TEXT

DETAILS

LINK TO FULL NOTICE       

Superior Courts Act: Determination of sittings of specific courts

G 52851 GoN 6309

12 June 2025

52851gon6309.pdf

ACTION

Take note

MEDICAL

LAW AND TYPE OF NOTICE

Pharmacy Act: South African Pharmacy Council:

Rules relating to good pharmacy practice

G 52856 BN 794

13 June 2025

APPLIES TO: 

1. All Categories of Pharmacies

These include:

• Community Pharmacies (e.g., retail pharmacies)
• Institutional Pharmacies (e.g., hospital pharmacies)
• Wholesale Pharmacies
• Manufacturing Pharmacies
• Consultant Pharmacies

Each of these must comply with the Core Reference Material List, and also with category-specific requirements.

2. Pharmacies Offering Specialised Services

These are pharmacies that provide services under specific conditions listed on their licenses, such as:

• Radiopharmaceutical Pharmacies
• Oncology Pharmacies
• Compounding Pharmacies
• Veterinary Pharmacies
• Clinical Trial Pharmacies

They must maintain specialised reference materials in addition to core and category-specific materials.

3. Pharmacies Offering Supplementary Services

These are pharmacies where:

• A pharmacist has completed supplementary training and holds a Section 22A(15) permit.
• They provide services based on a list of conditions or medicines published by the National Department of Health.

4. Training Pharmacies

Pharmacies approved for pre-registration training (internship sites) must also have additional reference sources as specified in the intern manual.

5. Permit-Holding Pharmacies

Pharmacies where permit holders practice (e.g., for expanded services or controlled substances) must have access to reference sources as specified in their permits.

SUMMED UP

New Rule 1.2.11.5: Dispensary – Reference Sources

This rule replaces the previous version and introduces structured requirements for reference materials in pharmacies.

1. Definitions

• Core Reference Material List: Mandatory for all pharmacy categories.
• Pharmacy Category Specific Reference Material List: Additional materials required based on the type of pharmacy (e.g., community, institutional).
• Specialised Services Reference Material List: For pharmacies offering services like oncology, veterinary, radiopharmaceuticals, etc.

2. General Considerations

• Reference materials can be digital or hard copy.
• Must be current and accessible to all pharmacy staff.
• Required for training sites and permit holders.
• Must be available during inspections.
• Emergency contact numbers (e.g., poison control) must be readily accessible.

3. Lists of Required Reference Materials

Core Reference Material List (for all pharmacies):

Includes:

• Pharmacy Act and related regulations
• Medicines and Related Substances Act
• National Health and Safety legislation
• International references like Martindale
• South African Medicines Formulary (SAMF)
• Standard Treatment Guidelines (STGs)
• Access to EMGuidance and complementary medicine resources

Pharmacy Category Specific Reference Material:

Tailored for:

• Community, Consultant, Institutional, Manufacturing, Wholesale Includes:
• Drug interaction resources
• Pharmacology textbooks
• Medical dictionaries
• Paediatric dosing guides
• Pharmacopoeias (BP, USP, EP)
• GMP, GWP, GCP, GLP guidelines
• Access to the Knowledge Hub (for supplementary services)

Specialised Services Reference Material:

For:

• Clinical Trials, Compounding, Oncology, Radiopharmaceutical, Veterinary Includes:
• SA GCP, GMP, GWP
• EANM guidelines
• Veterinary-specific legislation and manuals
• Radiopharmacy and pharmaceutical inspection guidelines

FULL TEXT

DETAILS

BOARD NOTICE 794 OF 2025

SOUTH AFRICAN PHARMACY COUNCIL RULES RELATING TO GOOD PHARMACY PRACTICE

The South African Pharmacy Council herewith publishes, for implementation, amendments to the minimum standards as contained in Annexure A of the Rules relating to good pharmacy practice, which was published on 17 December 2004, Government Gazette No: 27112, in Board Notice 129 of 2004 (as amended), in terms of Section 35A(b)(ii) of the Pharmacy Act, 53 of 1974.

SCHEDULE

Rules relating to what constitutes good pharmacy practice.

1. In these rules, “the Act” shall mean the Pharmacy Act, 53 of 1974, as amended, and any expression to which a meaning has been assigned in the Act shall bear such meaning.

2. The following rule in Annexure A of the Rules relating to good pharmacy practice is hereby amended –

(a) Rule 1.2.11.5: MINIMUM STANDARDS FOR PHARMACY PREMISES, FACILITIES AND EQUIPMENT: Dispensary – Reference sources

VM TLALA

REGISTRAR/CEO

Address: 591 Belvedere Street, Arcadia, Pretoria, 0083,

Private Bag X40040, Arcadia, 0007. Telephone: 0861 7272 00

MINIMUM STANDARDS FOR PHARMACY PREMISES, FACILITIES AND EQUIPMENT

Rule 1.2.11.5: Dispensary – Reference Sources is hereby deleted and replaced with Rule

1.2.11.5 as follows:

1.2.11.5.1 DEFINITIONS

(a) Core Reference Material List: this is a list of reference material that is compulsory for all categories of pharmacies.

(b) Categories of pharmacies: institutional, community, wholesale, manufacturing and consultant pharmacies in terms of the Regulations relating to the practice of pharmacy.

(c) Pharmacy Category Specific Reference Material List: a list of reference materials that a prescribed category of pharmacy will be required to have over and above the core reference material list.

(d) Pharmacies offering specialised services: these are pharmacies offering services in terms of the limited conditions specified on their licences as issued by the National Department of Health, which may include radiopharmaceutical, oncology, compounding, and veterinary pharmacy, and any other that may be approved by Council.

(e) Pharmacies offering supplementary services: these are pharmacies where there is a pharmacist who has completed and registered a supplementary training and who has been issued with the relevant Section 22A(15) permit; and a pharmacist offering services according to the list of conditions or medicines published by the National Department of Health from time to time.

(f) Pharmacies Offering Specialised Services Reference Material List: List of reference material that pharmacies offering specialised services will be required to have over and above the core reference material list, and where applicable, the pharmacy category-specific reference material list.

1.2.11.5.2 GENERAL CONSIDERATIONS

The following principles relating to reference material in a pharmacy must be adhered to:

(a) reference material can be made available as hard copies or be accessible on electronic devices;

(b) all reference material must be current as specified in the lists;

(c) pharmacy premises approved for pre-registration training are also required to have additional reference sources as specified in the intern manual as published by Council;

(d) pharmacies where permit holders practice must have access to reference sources according to the permit as issued by the Director-General: Health;

(e) the reference material must be accessible to all registered pharmacy personnel;

(f) reference material must be accessible for verification when the pharmacy is routinely inspected for compliance with the legislation by the Council Inspection Officer;

(g) a Responsible Pharmacist may, in exceptional circumstances, apply to Council for a relaxation of the minimum requirements relating to reference books; and

(h) all pharmacies must have a readily accessible telephone number for the following-

(i) poison control centre;

(ii) medicines information centre; and

(iii) vaccines hotline.

1.2.11.5.3 LIST OF REFERENCE MATERIAL

(a) Core Reference Material List

The list has been categorised as Core Reference Material List.

This list is applicable to ALL Pharmacy Categories and pharmacies offering specialised services.

LINK TO FULL NOTICE

Pharmacy Act: South African Pharmacy Council: Rules relating to good pharmacy practice

G 52856 BN 794

13 June 2025

52856bn794.pdf

ACTION

1. Update Reference Materials

• Ensure possession of the Core Reference Material List: All pharmacies must have the latest versions of laws, regulations, and guidelines listed.
• Acquire category-specific materials: Depending on the type of pharmacy (e.g., community, institutional), additional resources must be obtained.
• Specialised services: Pharmacies offering services like oncology or veterinary care must obtain further specialised references.

2. Maintain Accessibility

• Reference materials must be:
  • Current (up-to-date editions)
  • Accessible to all registered pharmacy personnel
  • Available in hard copy or digital format
  • Ready for inspection by Council officers

3. Provide Emergency Contact Information

• Pharmacies must have readily accessible telephone numbers for:
  • Poison Control Centre
  • Medicines Information Centre
  • Vaccines Hotline

4. Comply with Training and Permit Requirements

• Training Pharmacies: Must include additional references as specified in the intern manual.
• Permit Holders: Pharmacies must provide access to reference sources required by the Director-General: Health for specific permits.

5. Apply for Exceptions if Necessary

• A Responsible Pharmacist may apply to the Council for relaxation of requirements in exceptional circumstances.

LAW AND TYPE OF NOTICE

Health Professions Act: Regulations:

Constitution of the Medical and Dental Professions Board

G 52849 GoN 6301

11 June 2025

APPLIES TO: 

Health Sector Institutions

1.     Medical and Dental Professionals

·       Medical practitioners, specialists, dentists, and dental specialists whose names appear in the official registers.

·       Clinical associates and medical scientists.

2.     Universities and Academic Institutions

·       Universities with faculties or schools of medicine and dentistry, represented through Universities South Africa.

·       These institutions are responsible for nominating representatives to the board.

3.     Colleges of Medicine

·       Specifically, the Colleges of Medicine of South Africa (CMSA), which nominates one board member.

4.     Department of Health

·       As the regulatory authority, it appoints one representative and oversees the implementation of these regulations.

Community and Civil Society

1.     Community Representatives

·       Seven members of the public are appointed, including:

·       One with financial expertise.

·       One with legal expertise.

·       This ensures broader societal representation and accountability.

Regulatory and Oversight Bodies

1.     Health Professions Council of South Africa (HPCSA)

·       Consulted in the drafting of these regulations and likely involved in implementation and oversight.

Designated Groups Advocacy

1.     Organizations Representing Designated Groups

·       Groups advocating for:

·       Women

·       Black people (African, Coloured, Asian)

·       Persons with disabilities

·       These groups may influence nominations or monitor compliance with equity provisions.

SUMMED UP

Purpose

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

Board Composition

The board will consist of 36 members, including:

• 10 medical practitioners (at least 3 from designated groups)
• 6 medical specialists (at least 3 from designated groups)
• 3 dentists (at least 2 from designated groups)
• 3 dental specialists (at least 1 from designated groups)
• 1 medical scientist
• 2 university-nominated medical practitioners
• 1 university-nominated dentist
• 1 representative from the Colleges of Medicine of South Africa (CMSA)
• 1 representative from the Department of Health
• 1 clinical associate from designated groups

• 7 community representatives, including:
  • 1 with financial expertise
  • 1 with legal expertise

Designated Groups

These include:

• Women
• Men of African, Asian, or Coloured descent
• Persons with disabilities

The order of preference in appointments is based on historical disadvantage.

Repeal

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

Short Title

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

FULL TEXT

DETAILS

LINK TO FULL NOTICE

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

G 52849 GoN 6301

11 June 2025

52849gon6301.pdf

ACTION

Health Sector Institutions

1Medical and Dental Professionals

• Nominate candidates for board positions:
  • 10 medical practitioners
  • 6 medical specialists
  • 3 dentists
  • 3 dental specialists
  • 1 clinical associate
  • 1 medical scientist

• Ensure nominees are permanently residing in South Africa and registered with the relevant professional register.
• Prioritize nominations from designated groups (women, black people, persons with disabilities).

Universities South Africa

• Recommend:
  • 2 medical practitioners to represent universities with medical faculties.
  • 1 dentist to represent universities with dental faculties.

• Ensure nominees are qualified and representative of the academic sector.

Colleges of Medicine of South Africa (CMSA)

• Recommend one representative to the board.

Department of Health

• Appoint one representative to the board.
• Oversee the implementation and enforcement of these regulations.

Community and Civil Society

• Nominate seven community representatives, including:
  • One with financial expertise.
  • One with legal expertise.

• Ensure community nominees reflect diversity and inclusion, especially from designated groups.

Health Professions Council of South Africa (HPCSA)

• Support the Minister in implementing the regulations.
• Possibly manage the nomination and vetting process.

General Compliance Requirements

All involved organizations must:

• Ensure compliance with equity and transformation goals.
• Submit nominations and recommendations within the timelines set by the Department of Health.
• Maintain transparency and fairness in the nomination process.

COMPETITION ARTICLES

SOUTH AFRICA

Barloworld takeover bid ‘not harmful to rules’

The Competition Tribunal has heard arguments from the Competition Commission and industrial stalwart Barloworld on why its management-led buyout will not harm SA’s cartel rules.

The takeover is likely to lead to a twoyear moratorium on retrenchments after the deal’s finalisation. The tribunal heard arguments from Barloworld, the commission and labour on the mooted transaction — with none of the parties opposing the deal.

The Competition Tribunal has heard arguments from the Competition Commission and industrial stalwart Barloworld on why its management-led buyout will not harm SA’s cartel rules.

The takeover, which was approved by the commission, is likely to lead to a two-year moratorium on retrenchments after the transaction’s finalisation, which is led by a management-led consortium and a Saudi Arabian investor group. The tribunal on Tuesday night heard arguments from Barloworld, the commission and labour on the mooted transaction — with none of the parties opposing the deal. The multibillion deal, spearheaded by Barloworld CEO Dominic Sewela, is expected to be closed this year if all goes according to plan. However, some obstacles stand in the way.

The proposed transaction, valued at about R23bn, involves a management-led consortium under Sewela and Gulf Falcon Holding — a unit of the Saudi-based Zahid Group — acquiring all Barloworld’s ordinary shares, which would result in the industrial major’s delisting. The acquisition will result in Barloworld becoming majority blackowned, the commission told the tribunal.

Barloworld is a diversified industrial group that operates in sectors including mining, construction, marine and electrical power generation.

It supplies new, used and rentable industrial equipment, including Caterpillar products, and produces starch and related products for industries such as food and beverages, pharmaceuticals and paper manufacturing.

The company’s shares are widely held and it is not controlled by any single shareholder.

The commission’s review concluded the transaction was unlikely to substantially lessen or prevent competition in any market.

To address public interest concerns, the parties agreed to conditions including a phased increase in ownership by historically disadvantaged people and employees, provided certain transaction obligations are met.

The transaction is not expected to result in job losses or changes to working conditions.

However, unions insisted on Tuesday that Barloworld commits itself to a moratorium on retrenchments. The Food and Allied Workers Union asked for a five-year moratorium — a request that was turned down.

The transaction also preserves existing broadbased BEE structures. The Khula Sizwe broadbased vehicle, which benefits more than 29,000 majority black shareholders, including current and former Barloworld employees, will be maintained.

The takeover bid by a consortium led by Sewela failed to garner enough shareholder support — triggering a standby offer, which sets the stage for a protracted takeover.

London-based Silchester International Investors, which holds about 18% of Barloworld, was one of the investors that voted against the deal, joined by the Public Investment Corporation (PIC), which later changed its stance.

The standby offer is open to Barloworld shareholders. The PIC in April said it would support the standby offer after the consortium committed to implementing a 13.5% broad-based BEE transaction in Barloworld if the company is taken private. The BEE undertaking directly responded to the PIC’s earlier critique that the deal lacked inclusivity.

Standard Bank has guaranteed a maximum of R17bn of the purchase price put forward by a consortium. Rothschild & Co, an independent expert, arrived at a valuation range of R105.53R119.42 a share for the deal.

The deal has garnered support from top stakeholders, including Caterpillar, Barloworld’s primary supplier and a revenue driver, which has publicly endorsed the standby offer and the prospect of local ownership.

The standby offer is open until September 11 and can be extended if needed.

Kabelo Khumalo

Business Day

MINING ARTICLES

SOUTH AFRICA

Gwede’s tweaks to bill ‘not enough’

Mining lawyers say ‘corrections’ amount to a backtrack but don’t change big picture of the onerous legislation

The two “corrections” to the draft Mineral Resources Development Bill published this week go some way to easing industry concerns but major problems remain, legal experts say.

An erratum notice issued on Monday by the minister of mineral resources & energy, Gwede Mantashe, relieves companies of the duty to comply with BEE requirements when applying for prospecting rights and to seek ministerial consent for changes in control.

Industry players had argued that BEE rules should not apply to prospecting because that stage of the mining process yields no returns or profits.

The draft bill seeks to amend the Mineral & Petroleum Resources Development Act (MPRDA).

Claire Tucker, head of public law and regulatory practice at Bowmans, said issuing an erratum notice in the middle of a consultation process was very unusual.

“It seems the government as a whole was surprised by these [provisions in the bill], which go against much of the investor-friendly sentiment the government is seeking to foster. It seems the minister was forced to backtrack as a matter of some urgency, given the shock expressed by all sectors of the industry,” said Tucker.

Changes introduced in the bill were disruptive at a time when the mining industry is facing many headwinds, and there are other far-reaching changes proposed in the MPRDA that have not been withdrawn, Tucker said.

“The fact that the minister has backed off on these two issues could mean the industry will struggle to be heard on the many other very problematic aspects that remain in the draft amendment [bill]. In particular, far-reaching changes to the BEE regime are signalled but no detail is actually set out.

This sort of uncertainty is very bad for investor sentiment,” said Tucker.

The proposal requiring ministerial consent for every change in interest was difficult to understand and its impact on day-to-day corporate actions, including financing, preference share arrangements and employee share ownership schemes, was unclear.

“Breach of these unclear provisions is criminalised and subject to very large penalties, including 10% of turnover. This sort of micromanagement from a department that is not known for its responsiveness would be extremely disruptive for investors, is unprecedented in other industries in South Africa and worldwide, and would make investors reluctant to commit to a South African mining company,” said Tucker.

The draft bill, published last month for public comment, has been condemned by Minerals Council South Africa, which represents 90% of the mining industry.

The council said its input during consultations with the department had not been taken into consideration, and at its annual meeting in Johannesburg last month president Paul Dunne said the legislation does not contribute to an improved

The fact that the minister has backed off on these two issues could mean the industry will struggle to be heard on the many other problematic aspects

“When we examine the bill, we ask ourselves two questions: does it contribute to an improved investment climate, and is it

employment positive? Our considered answer is it does not, and it shall not go unchallenged,” he said.

Council spokesperson Allan Seccombe said this week the council would submit its perspectives to the government.

“The bill in its current form does not encourage or sustain the growth and investment that the mining industry needs to realise its full potential to create employment, stimulate the economy and fulfil its social mandate,” said Seccombe. Patrick Leyden, corporate partner at Herbert Smith Freehills Kramer, who specialises in mining and energy legislation, said Mantashe’s corrections meant listed companies would be exempt from obtaining consent for changes in control, but the position of unlisted companies was less clear. “While the correction is a step in the right direction, the uncertainty remains a concern,” he said.

Vivien Chaplin, head of the mining and minerals sector at Cliffe Dekker Hofmeyr, said the erratum notice simplified the obligations on holders of prospecting rights holders.

“Despite this improvement, references to the Broad-Based BEE Act remain in the bill, which may still present significant challenges,” she said. “The erratum notice also removed the proposed inclusion of small-scale and artisanal mining permits from the ambit of section 11 [on obtaining ministerial consent], which is a welcome move that should never have been there in the first place,” Chaplin added.

By Dineo Faku

Sunday Times

Concerns over Mantashe’s changes to draft mineral resources bill

Mantashe’s changes to mining legislation have provoked backlash for favouring the industry over public interest.

Minerals and Petroleum Resources Minister Gwede Mantashe was lashed for omitting a requirement for Black Economic Empowerment (B-BBEE) participation in applications for prospecting rights.

Mantashe recently gazetted two corrections to the Draft Mineral Resources Development Bill and also nullified a provision for ministerial approval for change of control in listed companies that own mining rights.

Mining expert David van Wyk asked why the minister backed down.

Environmental concerns

“The prospecting companies make huge profits after prospecting reports are out. They sell the prospecting reports to the highest bidder.

“We have a serious problem with the change of control in listed companies. It is what ultimately allows mining companies to walk away from their environmental responsibilities and their responsibility to close and rehabilitate mines,” said Van Wyk.

“This is why we have more than 6 000 abandoned mines. When control of companies changes and the minister, as the custodian of the minerals which, according to the Act, belongs to the public, is not informed of these changes, he is unable to assign responsibility to the owners as he will not know who they are.”

Call for state-led mining and revenue transparency

The solution to the problems of environmental and social responsibility, as well as mine closure and rehabilitation, was to establish public ownership not just of the minerals in the ground, but also of the mining process and the extracted minerals, with the state as the custodian and the revenue accruing in a sovereign fund, Van Wyk said.

South Africa does have a state owned mining company and a sovereign fund, but the share of that company in the overall mining sector is minimal.

There was no account of how much money has accrued in the sovereign fund since its inception, Van Wyk said. Christopher Rutledge, director at the Mining Affected Communities in Action, said the organisation was concerned.

‘Pressure of elite interests’

“Following a mere signal of dissatisfaction from the mining sector, Mantashe swiftly amended the draft of the Bill, specifically the removal of the requirement for B-BBEE participation in prospecting rights and the omission of provisions for ministerial oversight of changes in control of listed companies holding rights.

“As we have previously warned, the main purpose of the Amendment Bill represents a further retreat from the constitutional mandate of transformation, accountability and justice for mining-affected communities.

“Rather than correcting the draft Bill, the minister has capitulated even further to the pressure of elite interests, in particular the Minerals Council South Africa, confirming the extent to which the state has aligned itself with industry over people.”

Rutledge said the removal of BEE from the prospecting regime was not a technical correction, but a political decision to sell-out transformation.

Prospecting was the gateway to mining and excluding it from transformation requirements ensures the ownership and control of mineral resources remains concentrated in the hands of historical beneficiaries of apartheid-era privilege, he said.

“This opens the door to unchecked mergers, takeovers and asset stripping with no regard for affected communities, workers, or environmental responsibilities. We reject the illusion that deregulation is a form of reform,” Rutledge said.

Industry engagements

Union federation Cosatu spokesperson Mathews Parks said it was critical that legislation is in sync with B-BBEE to avoid contradictions.

“Cosatu will engage with the minister to get a better understanding of the objectives of the amendments.”

Minerals Council South Africa Allan Seccombe said the organisation would continue to review the Bill and submit its perspectives by 13 August.

“The Bill in its current form does not encourage or sustain the growth and investment that the mining industry needs.”

By Masoka Dube

The Citizen