Gazette and Newsflash 12 December 2025 – 09 January 2026

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Dear Subscribers,

Welcome Back and Best Wishes for 2026!

 

We hope you had a well-deserved break and are feeling refreshed and ready to kick off the new year. 2026 promises to be an exciting year, packed with opportunities and challenges—especially with the action-packed compliance movements recently unpacked in the latest Government Gazette.

From updated regulations to new standards, the compliance landscape is evolving fast, and we’re here to help you stay ahead. So, gear up and get ready to hit the ground running—because this year is all about staying informed, proactive, and compliant!

Here’s to a successful, productive, and compliant 2026!

 

Please see the following attached link for a PDF version of the Gazette and Newsflash for 12 December 2025 – 09 January 2026: LC-Gazette and Newsflash 12 December – 09 January 2026

Please see the latest happenings below.

 

AGRICULTURAL

 

 

Marketing of Agricultural Products Act: Wine Industry: Continuation of Statutory Measures and Determination of Guideline Prices

Marketing of Agricultural Products Act: Establishment of statutory measure and determination of a differentiated levy on planted hectares for funding of an integrated area wide fruit fly control programme in specified production areas

Marketing of Agricultural Products Act: Continuation of statutory measures in respect of milk and other dairy products

Agricultural Product Standards Act: Approved inspection fees for 2026: South African Meat Industry Company

Agricultural Product Standards Act: Fruit Industry: Request for Statutory Measure for funding of area-wide Bactrocera Dorsalis Eradication Programme in specified production areas in Eastern Cape, Western Cape and Northern Cape: Comments invited

 

 

ELECTRONIC COMMUNICATIONS

 

Electronic Communications Act: International Mobile Telecommunications (IMT) Roadmap: Comments invited

Electronic Communications Act: Policy Direction to the Independent Communications Authority of South Africa on Broad-Based Black Economic Empowerment

 

 

ENVIRONMENTAL

 

National Environmental Management: Waste Act: National Waste Management Strategy 2026: Comments invited

National Water Act: Regulations: Protection and management of groundwater resources: Comments invited

National Environmental Management: Waste Act: Regulations: Procedure to be followed by persons called upon to apply for a waste management licence

National Water Act: Raw water use chargers for 2026/27 Financial Year

 

 

FINANCE

 

Revenue Laws Amendment Act 6 of 2025

Financial Intelligence Centre Act: Directive 10 on geographic locations of head office, branch and subsidiaries: Comments invited

Public Finance Management Act: Rate of interest on Government Loans from 1 January 2026

Financial Sector Regulation Act: General Finance Laws (Official Benchmarks and Procurement) Amendment Bill: Explanatory summary: Extension of deadline for comments

Financial Markets Act: JSE Interest Rate and Currency Derivatives Rules: Central Securities Depository (CSD) Naming Convention: Approved amendments

Financial Markets Act: JSE Debt and Specialist Securities Listing Requirements: Central Securities Depository (CSD) Naming Convention: Approved amendments

Public Finance Management Act: Exemption: Durban container terminal pier 2 – special

 

Department drafting policy to regulate AI use

WeBuyCars fined R2.5m, ordered to refund affected customers R3.4m

End of an era for 138-year-old company in South Africa

SARS sends a warning to these taxpayers in South Africa

Nestlé recalls NAN baby formula batch in SA over toxin fears

Fire hazard leads to Volvo recall

Former employee wins in court after job-hunting led to his dismissal

Discovery Health asks members to repay thousands after claims processing error

Can Discovery Health really ask you to pay back the money? What you need to know about medical aid’s claims error

 

Alison and The Legal Team

 

CONTENTS

 

AGRICULTURAL

Marketing of Agricultural Products Act: Wine Industry: Continuation of Statutory Measures and Determination of Guideline Prices

Marketing of Agricultural Products Act: Establishment of statutory measure and determination of a differentiated levy on planted hectares for funding of an integrated area wide fruit fly control programme in specified production areas

Marketing of Agricultural Products Act: Continuation of statutory measures in respect of milk and other dairy products

Agricultural Product Standards Act: Approved inspection fees for 2026: South African Meat Industry Company

Agricultural Product Standards Act: Fruit Industry: Request for Statutory Measure for funding of area-wide Bactrocera Dorsalis Eradication Programme in specified production areas in Eastern Cape, Western Cape and Northern Cape: Comments invited

 

BUSINESS

Companies Act: Deactivation of Manual Filing Channel for Company and Close Corporation Voluntary Deregistration

 

COMPETITION

Competition Act: Amendment of the scope of the Energy Users Block Exemption

Competition Act: Complaint referrals

Competition Act: Complaint referrals

Competition Act: Approved mergers

Competition Act: Regulations: Divestiture Recommendation: Comments invited

Competition Act: Block Exemption for Promotion Exports

Competition Act: Guidelines on Minority Shareholder Protections: Correction

Statement on the latest decisions by the Competition Commission

Statement on the latest decisions by the Competition Commission

Commission prosecutes eight cargo shipping companies for price-fixing

 

CONSTRUCTION

Project and Construction Management Professions: Fees and charges for 1 April 2026 to 31 March 2027

 

CUSTOMS, EXCISE AND INTERNATIONAL TRADE

Customs and Excise Act: Amendment to Part 1 of Schedule No. 1 (No. 1/1/1965) (English / Afrikaans)

Customs and Excise Act: Amendment to Part 1 of Schedule No. 4 (No. 4/1/385) (English / Afrikaans)

Customs and Excise Act: Amendment to Part 3 of Schedule No. 5 (No. 5/3/115) (English / Afrikaans)

International Trade Administration Act: Initiation of investigation into alleged dumping of Flat-Rolled Products of Iron or Non-Alloy Steel

International Trade Administration Act: Customs Tariff Applications: List 07/2025: Correction

International Trade Administration Act: Sunset review of anti-dumping duties on ropes and cables

 

ELECTRONIC COMMUNICATIONS

Electronic Communications Act: International Mobile Telecommunications (IMT) Roadmap: Comments invited

Electronic Communications Act: Policy Direction to the Independent Communications Authority of South Africa on Broad-Based Black Economic Empowerment

 

 

ENVIRONMENTAL

National Environmental Management: Waste Act: National Waste Management Strategy 2026: Comments invited

National Water Act: Regulations: Protection and management of groundwater resources: Comments invited

National Environmental Management: Waste Act: Regulations: Procedure to be followed by persons called upon to apply for a waste management licence

National Water Act: Raw water use chargers for 2026/27 Financial Year

 

 

 

ENERGY AND PETROLEUM

Electricity Regulation Act: Grid Capacity Allocation Rules

Electricity Act: Electricity licence fees and levies on Piped-Gas and Petroleum Pipeline Industries for 2026/27 Financial Year: Comments invited

 

FINANCE

Revenue Laws Amendment Act 6 of 2025 (English / Afrikaans)

Financial Intelligence Centre Act: Directive 10 on geographic locations of head office, branch and subsidiaries: Comments invited

Public Finance Management Act: Rate of interest on Government Loans from 1 January 2026

Financial Sector Regulation Act: General Finance Laws (Official Benchmarks and Procurement) Amendment Bill: Explanatory summary: Extension of deadline for comments

Financial Markets Act: JSE Interest Rate and Currency Derivatives Rules: Central Securities Depository (CSD) Naming Convention: Approved amendments

Financial Markets Act: JSE Debt and Specialist Securities Listing Requirements: Central Securities Depository (CSD) Naming Convention: Approved amendments

Public Finance Management Act: Exemption: Durban container terminal pier 2 – special

 

HEALTH AND SAFETY

Firearms Control Act: Notice: Representations invited

 

LABOUR

Labour Relations Act: Bargaining Council for the Motor Industry: Extension to non-parties of the Main Collective Agreement

Labour Relations Act: National Bargaining Council for the Chemical Industry: Extension to non-parties of the Pharmaceutical Sector Collective Agreement: Representations invited

Labour Relations Act: Building Bargaining Council, North and West Boland: Extension of Main Amending Collective Agreement to non-parties

Labour Relations Act: Application for variation of registered scope of Statutory Council for the Squid and Other Fisheries of South Africa

Labour Relations Act: Motor Industry Bargaining Council: Extension to non-parties of the Administrative Collective Agreement

Labour Relations Act: National Bargaining Council for the Chemical Industry: Extension to non-parties of the Glass Sector Collective Agreement

Labour Relations Act: National Bargaining Council for the Chemical Industry: Extension to non-parties of the Petroleum Sector Collective Agreement

National Minimum Wage Act: Investigation into National Minimum Wage: Comments invited

LEGAL

Rules Board for Courts of Law Act: Rules: Conduct of proceedings of the Magistrates’ Courts of South Africa: Amendment (English / Afrikaans)

Rules Board for Courts of Law Act: Rules: Conduct of proceedings of the Provincial and Local Divisions of the High Court of South Africa: Amendment (English / Afrikaans)

Legal Practice Act: 2026 fees

 

MEDICAL

Pharmacy Act: Rules and guidelines relating to services for which pharmacists may levy a fee

Pharmacy Act: Bachelor of Pharmacy: Integrated Curriculum Outline

 

STANDARDS

Standards Act: Standards matters: Comments invited

Standards Act: Standards matters: Comments invited

 

TRANSPORTATION

Merchant Shipping Act: Regulations: Construction and Equipment of Fishing Vessels of less than 24 metres in length and equal to or more than 25 GT: Comments invited

Merchant Shipping Act: Regulations: Radio Installations

Merchant Shipping Act: Regulations: Fisher Labour Welfare: Comments invited

Merchant Shipping Act: Regulations: Construction and Equipment of Fishing Vessels of 24 metres in length and over: Comments invited

National Road Traffic Act: Registration of Vehicle Testing Station: EL PVTS as Grade A Vehicle Testing Station

Road Carrier Permits

 

ARTIFICIAL INTELLIGENCE ARTICLES

Department drafting policy to regulate AI use

 

CONSUMER PROTECTION ARTICLES

WeBuyCars fined R2.5m, ordered to refund affected customers R3.4m

 

FINANCE ARTICLES

End of an era for 138-year-old company in South Africa

SARS sends a warning to these taxpayers in South Africa

 

HEALTH AND SAFETY ARTICLES

Nestlé recalls NAN baby formula batch in SA over toxin fears

Fire hazard leads to Volvo recall

 

LABOUR ARTICLES

Former employee wins in court after job-hunting led to his dismissal

 

MEDICAL ARTICLES

Discovery Health asks members to repay thousands after claims processing error

Can Discovery Health really ask you to pay back the money? What you need to know about medical aid’s claims error

AGRICULTURAL

 

 

LAW AND TYPE OF NOTICE

 

Marketing of Agricultural Products Act:

 

Wine Industry: Continuation of Statutory Measures and Determination of Guideline Prices

 

G 53901 GeN 3714

 

24 December 2025

 

 

APPLIES TO: 

 

1. Wine Producers

  • Any person or business that crushes grapes to produce wine.
  • They are subject to registration, returns, and payment of levies (research, development, information, and brandy levy if applicable).

 

2. Wine Traders

  • Businesses that purchase grapes, wine, or wine spirit in bulk from wine producers.
  • They must register, keep records, and pay levies on grapes, grape juice concentrate, and wine acquired.

 

3. Grape Producers

  • Farmers growing grapes intended for wine production.
  • They must register and render returns.

 

4. Bottlers

  • Companies providing bottling, blending, filtering, labeling, and storage services for wine producers or traders.
  • They must register and submit returns.

 

5. Wine Exporters

  • Businesses exporting drinking wine from South Africa.
  • They are subject to the export levy and registration requirements.

 

6. Brandy Producers

  • Entities producing brandy from distilling wine or wine spirit.
  • They pay the brandy levy and comply with registration and returns requirements.

 

7. SAWIS (S A Wine Industry Information and Systems NPC)

  • Responsible for administering registration, returns, and collecting levies.

 

8. South Africa Wine NPC

  • Administers research, development, information, export, and brandy levies.

 

9. Related Service Providers

  • Logistics companies handling wine exports.
  • Compliance consultants assisting with statutory requirements.
 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

 

NOTICE 3714 OF 2025

 

MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996)

 

WINE INDUSTRY: CONTINUATION OF STATUTORY MEASURES AND DETERMINATION OF GUIDELINE PRICES

 

I, John Henry Steenhuisen, Minister of Agriculture, acting under sections 13, 15, 18 and 19 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended, hereby –

 

(a) amend the statutory measures published by Government Notice No. R. 11599 of 30 June 2023 by the replacement with the content in this Schedule;

(b) determine that the said amendments shall come into operation on 1 January 2026; and

(c) determine that the guideline price for –

(i) grapes intended for the production of wine shall be R6 965.00 per ton;

(ii) grape juice concentrate intended for use in wine shall be 833.94 cents per litre at 17.4 degrees Balling;

(iii) drinking wine shall be 818.95 cents per litre;

(iv) distilling wine and wine spirit shall be 254.50 cents per litre at 10 per cent alcohol by volume; and

(v) export wine shall be 818.95 cents per litre.

 

SCHEDULE

Definitions

 

1. In this Schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning, and unless the context indicates otherwise:

 

“bottler” means any person who renders services in respect of bottling, stabilising, blending, filtering, labelling or storage on behalf of wine producers or wine traders, but is not registered as such;

 

“brandy levy” means the statutory measure referred to in clause 9;

 

“certified” means granted authorization in terms of a scheme for the use of particular referred to in section 11(3)(a) of the Liquor Products Act, 1989 (Act No. 60 of 1989);

 

“Department” means the Department of Agriculture;

 

“drinking wine” includes grape juice used in the production of drinking wine, wine spirit added to drinking wine for fortification or other purposes, wine used in the production of other alcoholic products, low alcohol wine, de-alcoholised wine and alcohol-free wine;

 

“export levy” means the statutory measure referred to in clause 8;

 

“export wine” means drinking wine exported from the Republic of South Africa;

 

“grapes” means grapes intended for the production of drinking wine, industrial or distilling wine;

 

“grape juice” means grape juice and grape juice concentrate intended for use in drinking wine or other alcoholic products;

 

“grape producer” means any producer of grapes intended for the production of drinking wine, industrial or distilling wine;

 

“in bulk” means a container of more than five litres;

 

“industrial wine” is wine not incorporated or transformed into other alcoholic beverages, such as wine used for vinegar, food, medical products, hand sanitizers, food sauces and household and vehicle cleaning products;

 

“registration measure” means the statutory measure referred to in clause 5;

 

“research, development and information levy” means the statutory measure referred to in clause 7;

 

“returns measure” means the statutory measure referred to in clause 6;

 

“SA Wine” means South Africa Wine NPC, a non-profit company in terms of the Companies Act, 2008 (Act No. 71 of 2008);

 

“SAWIS” means the S A Wine Industry Information and Systems NPC, a non-profit company in terms of the Companies Act, 2008 (Act No. 71 of 2008);

 

“statutory measure” means –

(a) brandy levy;

(b) export levy;

(c) registration measure;

(d) research, development and information levy; and

(e) returns measure

 

“the Act” means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended;

 

“uncertified” means not granted authorization in terms of a scheme for the use of particulars referred to in section 11(3)(a) of the Liquor Products Act, 1989 (Act No. 60 of 1989);

 

“vines” means vines intended for the production of grapes;

 

“wine exporter” means any person who exports drinking wine who is not registered as a wine producer or wine trader;

 

“wine producer” means any person who crushes grapes and who is not registered as a wine trader;

 

“wine spirit” means any spirit derived from wine, wine lees or husks; and

 

“wine trader” means any person not registered as a wine producer who purchases or otherwise acquires –

(a) grapes; or

(b) drinking wine, industrial wine, distilling wine or wine spirit, in bulk from a wine producer.

 

Purpose and aims of amendment and continuation of statutory measures and the relation thereof to the objectives of the Act

 

2. (1) (a) The purpose and aims of the registration statutory measure are to compel the parties set out herein to register with SAWIS. Registration is necessary to assist SAWIS in ensuring that continuous, timeous and accurate information relating to the products defined, is available to all role players. Market information is deemed essential for all role players in order for them to make informed decisions. By combining compulsory registration with the keeping of information and the rendering of returns on an individual basis, market information for the whole of the industry can be processed and disseminated and will form the basis for the collection of statutory levies.

(b) The continuation of the registration statutory measure will assist in promoting the efficiency of the marketing of wine products. The viability of the wine industry will, thus, be enhanced. The registration statutory measure will not be detrimental to the number of employment opportunities or fair labour practice.

(c) The registration statutory measure will be administered by SAWIS. SAWIS will continue to implement and administer the registration statutory measure as set out in this Schedule.

 

(2) (a) The purpose and aims of the returns statutory measure is to compel the parties set out herein to keep records and render returns to SAWIS. This is necessary to ensure that continuous, timeous and accurate information relating to the products defined, is available to all role players. Market information is deemed essential for all role players in order for them to make informed decisions. By prescribing the keeping of records with the rendering of returns on an individual basis, market information for the whole of the industry can be processed and disseminated.

(b) The continuation of the returns statutory measure will assist in promoting the efficiency of the marketing of wine products. The viability of the wine industry will, thus, be enhanced. The returns statutory measure will not be detrimental to the number of employment opportunities or fair labour practice. Any information

obtained will be dealt with in a confidential manner and no sensitive or potentially sensitive client-specific information will be made available to any party without the prior approval of the party whose rights are affected.

(c) The returns statutory measure will be administered by SAWIS. SAWIS will continue to implement and administer the returns measure as set out in the Schedule.

 

(3) (a) The objectives of the research, development and information statutory levy are –

(i) to support the wine industry with expertise, enabling it to be cost effective while producing quality wines and other grape based products through the application of environmentally friendly technologies;

 

(ii) to support the training and education of individuals for the industry

– at all levels in terms of skills, knowledge and insight development

– in order to ensure the practical implementation of the best knowledge and most advanced technologies in viticulture, wine making and other grape based products;

 

(iii) to establish a culture of technological innovation, to ensure the ongoing utilisation of the best technology within the industry, and to facilitate its dissemination to all the sectors of the industry;

 

(iv) to facilitate the development of resource poor and previously disadvantaged producers and to improve their access to the market by making leading edge appropriate technology available to such producers;

 

(v) to establish world leadership in selected niche areas of the wine industry through a network of scientific and technological expertise;

 

(vi) to commission relevant and thoroughly planned research, technology development and technology transfer in the promotion of the industry’s technological capabilities and in the attainment of the other objectives.

 

(vii) to fund the registration of industry role players, and ensure the collection and dissemination of information. These measures are necessary to ensure that continuous, timeous and accurate information relating to various products in the wine industry, is available to all role players in order for them to make informed decisions.

 

(viii) to fund, maintain and further develop an ethical trade system. It will ensure rapid transitioning to a transformed, ethical, just and sustainable environment, which is a key global sourcing requirement to ensure that impacts on workers are positive and developmental rather than negative, contributing to violations, and worker abuse. South Africa’s international markets are having an increased focus on addressing their South African suppliers’ readiness to address the protection of workers and their human rights. The requirement for exported products such as wine to trade ethically and to participate in the monitoring of labour practices, progress made in development indicators such as skills development leading to transformation through leadership and ownership, harms reduction and identification of potential transgressions, has become a global commercial imperative. The successful and continuous implementation of ethical labour best practices that both empowers workers to exercise their labour rights and allows for opportunities to create social dialogue between owners and workers to address disputes and remedy abuses is key to the transformation of wine enterprises into successful and sustainable wine business ventures.

 

(ix) To fund the media and communication function that enables, advocates, and informs stakeholders while building and maintaining the industry’s brand presence locally and globally. The levy will support strategic communication efforts that position South African wine as a world-class product and economic contributor. This includes brand awareness, thought leadership, crisis communication, and stakeholder engagement, all aimed at strengthening the industry’s reputation, fostering a responsible and transformed value chain, and embedding sustainability in all messaging. The focus is on ensuring consistent, aligned, and impactful communication that supports industry priorities and reinforces trust.

 

(x) To fund advocacy and stakeholder engagement, the levy will support the efforts to influence government policies, legislation, and regulatory frameworks that impact the wine and brandy industry. This includes active engagement with national and international authorities to address issues such as excise tax, liquor legislation, harm reduction, and illicit trade. By fostering strong relationships with government departments, state-owned entities, and industry stakeholders, these efforts aim to create an enabling environment that supports market access, industry growth, and long-term sustainability.

 

(xi) to fund strategic wine tourism development and industry collaboration, supporting the efforts to position South Africa as the world’s most authentic and diverse wine tourism destination. This includes initiatives that drive visitor growth, promote provenance, and diversify tourism experiences, all guided by sustainable tourism principles. Also to strengthen industry coordination, support product development, and enhance the capacity of the wine tourism team, ensuring alignment with long-term goals for economic growth, environmental responsibility, and global visibility.

 

(b) The research, development and information levy will not be detrimental to food security, the number of employment opportunities within the economy or to fair labour practice. It is aimed at growing the competitiveness and capacity of the industry concerned.

 

(c) The research, development and information levy will be administered by South Africa Wine NPC. South Africa Wine NPC will continue to implement and administer the research, development and information levy as set out in this Schedule.

 

(d) The research, development and information levy will be collected by SAWIS, who will act on behalf of South Africa Wine NPC in this regard. South Africa Wine NPC is the actual beneficiary of the levy who will utilise it in accordance with their business plan.

 

(4) (a) The objective of the export statutory levy aims at increasing the profit margin for the industry for each focus market. This promotion will enhance the image of South Africa as a quality wine producer and increase opportunities for growth in new markets. It will assist South Africa to remain competitive in the global market place. In addition, it will assist in capacity building among all exporters, in particular SMME’s and BEE’s, and in improving the efficiency of the export process. Furthermore, a portion of the levy is used to fund, the Wineon- Line system, maintaining and further developing the system. The Wine-on-Line system is a free, user friendly, automated export certification process.

(b) The export levy will not be detrimental to food security, the number of employment opportunities within the economy or to fair labour practice. It is aimed at growing the competitiveness and capacity of the industry concerned.

(c) The export levy will be administered by South Africa Wine NPC. South Africa Wine NPC will continue to implement and administer the export levy as set out in this Schedule.

(d) The export levy will be collected by SAWIS, who will act on behalf of South Africa Wine NPC in this regard. South Africa Wine NPC is the actual beneficiary of the levy who will utilise it in accordance with their business plan.

 

(5) (a) The objective of the brandy statutory levy, brandy being an integral part of the wine industry, is to contribute in creating a transformed and responsible value chain and focus market. An integrated approach in collaboration with the wine industry will create a larger impact on the entire value chain. This is important to empower new entrants into the category and offer support/mentorship to ensure successful launches.

(b) By utilising innovation within the brandy category as well as a strong drive to create relevance to a new consumer base will substantially stimulate the category to ensure market growth and to contribute to the long-term viability and sustainability of the wine and brandy industry as a whole.

(c) The brandy levy will not be detrimental to food security, the number of employment opportunities within the economy or to fair labour practice. It is aimed at growing the competitiveness and capacity of the industry concerned.

(d) The brandy levy will be administered by South Africa Wine NPC. South Africa Wine NPC will implement and administer the brandy levy as set out in this Schedule.

(e) The brandy levy will be collected by SAWIS, who will act on behalf of South Africa Wine NPC in this regard. South Africa Wine NPC is the actual beneficiary of the levy who will utilise it in accordance with their business plan.

 

Products to which statutory measures apply

 

3. (1) The registration statutory measure shall apply to grapes, grape juice, drinking wine, industrial wine, distilling wine and wine spirit.

(2) The returns statutory measure shall apply to vines, grapes, grape juice, grape juice concentrate, drinking wine, industrial wine, distilling wine and wine spirit.

(3) The brandy statutory levy shall apply to distilling wine and wine spirit.

(4) The research, development and information statutory levy shall apply to grapes, grape juice concentrate and drinking wine.

(5) The export statutory levy shall apply to export wine.

 

Area in which statutory measures shall apply

 

4. The statutory measures shall apply in the geographical area of the Republic of South Africa.

 

Registration statutory measure

 

5. (1) (a) All bottlers, grape producers, grape juice producers, wine exporters, wine producers and wine traders shall register with SAWIS.

(b) A person shall have a choice to register as either a wine producer or wine trader, but not both.

(c) A person who is a grape producer as well as a wine producer or wine trader shall register as a grape producer and as a wine producer or wine trader.

 

(d) Application for registration shall –

(i) be made within 30 days of becoming a party as contemplated in subclause (1);

(ii) be made on the application form obtainable free of charge from SAWIS either in hard copy or electronically, including online access where applicable.

 

(iii) be submitted, when forwarded by post, to –

SAWIS, P.O. Box 238, Paarl, 7620;

 

(iv) when delivered by hand, be delivered to –

SAWIS, Main Road 312, Paarl; and

 

(v) when submitted electronically, be sent to the address and in the format obtainable from SAWIS or done on sawisonline.co.za.

 

Returns statutory measure

 

6. (1) All bottlers, grape producers, wine exporters, wine producers and wine traders shall keep such records and render the returns as may be required by SAWIS relating to –

(a) vines;

(b) grapes; and

(c) grape juice, grape juice concentrate, drinking wine, industrial wine, distilling wine and wine spirit produced, received, stored, sold, exported or otherwise utilised.

 

(2) The Department of Agriculture shall render a copy of all export documents required by SAWIS or furnish information required by SAWIS regarding exports within the period specified in subclause (4).

 

(3) The records referred to in subclause (1) shall –

(a) be recorded electronically on a computer system or manually in ink in a record book; and

(b) be kept at the registered premises of the person required to keep it for a period of at least three years.

 

(4) The returns referred to in subclause (1) shall be rendered on forms obtainable free of charge from SAWIS, either in physical or electronic format (including online access where applicable), within 15 days after the end of each calendar month and shall –

 

(a) be submitted, when forwarded by post, to –

SAWIS, P.O. Box 238, Paarl, 7620;

 

(b) when delivered by hand, be delivered to –

SAWIS, Main Road 312, Paarl; and

 

(c) when submitted electronically, be sent to the address and in the format obtainable from SAWIS or done on sawisonline.co.za.

 

Research, development and information statutory levy

 

7. (1) A research, development and information levy is hereby continued to be imposed on –

(a) grapes;

(b) grape juice concentrate; and

(c) drinking wine.

 

(2) The amount of the research, development and information levy shall –

 

(a) in the case of grapes, be –

(i) R70.63 per ton for the period 1 January 2026 to 31 December 2026;

(ii) R74.13 per ton for the period 1 January 2027 to 31 December 2027;

(iii) R77.84 per ton for the period 1 January 2028 to 31 December 2028; and

(iv) R81.69 per ton for the period 1 January 2029 to 31 December 2029.

 

(b) in the case of grape juice concentrate, be –

(i) 10.09 cent per litre at 17,4 degrees Balling for the period 1 January 2026 to 31 December 2026;

(ii) 10.59 cent per litre at 17,4 degrees Balling for the period 1 January 2027 to 31 December 2027;

(iii) 11.12 cent per litre at 17,4 degrees Balling for the period 1 January 2028 to 31 December 2028; and

(iv) 11.67 cent per litre at 17,4 degrees Balling for the period 1 January 2029 to 31 December 2029.

 

(c) in the case of drinking wine, be –

(i) 10.09 cent per litre for the period 1 January 2026 to 31 December 2026;

(ii) 10.59 cent per litre for the period 1 January 2027 to 31 December 2027;

(iii) 11.12 cent per litre for the period 1 January 2028 to 31 December 2028; and

(iv) 11.67 cent per litre for the period 1 January 2029 to 31 December 2029.

 

(3) The research, development and information levy shall –

(a) be payable by a wine producer in respect of drinking wine packaged in containers of 5 litres or less; and

 

(b) be payable by a wine trader in respect of –

(i) grapes;

(ii) grape juice concentrate in containers of more than 5 litres, acquired from a wine producer; and

(iii) drinking wine in containers of more than 5 litres, acquired from a wine producer.

 

(4) The research, development and information levy shall be payable to SAWIS, acting on behalf of South Africa Wine NPC, in accordance with subclause (5).

 

(5) (a) Payment of the research, development and information levy shall be made not later than sixty days following the month of delivery of a quantity of grapes, grape juice concentrate or drinking wine, sold, purchased or otherwise acquired.

(b) Payment shall be made by means of an electronic transfer to the bank account obtainable from SAWIS.

 

Export statutory levy

 

8. (1) A wine export generic promotion levy is hereby continued to be imposed on export wine.

(2) The amount of the wine export generic promotion levy shall –

(a) in the case of certified bulk export wine, be –

(i) 17.94 cent per litre for the period 1 January 2026 to 31 December 2026, of which 0.75 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(ii) 19.28 cent per litre for the period 1 January 2027 to 31 December 2027, of which 0.79 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(iii) 20.71 cent per litre for the period 1 January 2028 to 31 December 2028, of which 0.83 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system; and

(iv) 22.25 cent per litre for the period 1 January 2029 to 31 December 2029, of which 0.87 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system.

 

(b) in the case of certified packaged export wine, be –

(i) 21.05 cent per litre for the period 1 January 2026 to 31 December 2026, of which 0.75 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(ii) 22.11 cent per litre for the period 1 January 2027 to 31 December 2027, of which 0.79 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(iii) 23.22 cent per litre for the period 1 January 2028 to 31 December 2028, of which 0.83 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system; and

(iv) 24.38 cent per litre for the period 1 January 2029 to 31 December 2029, of which 0.87 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system.

 

(c) in the case of uncertified export wine, be –

(i) 17.18 cent per litre for the period 1 January 2026 to 31 December 2026, of which 0.75 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(ii) 18.57 cent per litre for the period 1 January 2027 to 31 December 2027, of which 0.79 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system;

(iii) 20.07 cent per litre for the period 1 January 2028 to 31 December 2028, of which 0.83 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system; and

(iv) 21.69 cent per litre for the period 1 January 2029 to 31 December 2029, of which 0.87 cent per litre shall be used to fund, maintain and further develop the Wine-on-Line system.

 

(3) The wine export generic promotion levy shall be paid by the exporter.

 

(4) The wine export generic promotion levy shall be payable to SAWIS, acting on behalf of South Africa Wine NPC, in accordance with subclause (5).

 

(5) (a) Payment of the wine export generic promotion levy shall be made not later than 60 days following the month of export.

(b) Payment shall be made by means of an electronic transfer to the bank account obtainable from SAWIS.

(6) South Africa Wine NPC may, in accordance with criteria determined by it, grant exemption from the payment of the wine export generic promotion levy for a consignment of wine exported if satisfied that such exemption will not frustrate the purpose and aims of this statutory measure.

 

Brandy statutory levy

 

9. (1) A brandy levy is hereby imposed on –

(a) distilling wine; and

(b) wine spirit.

 

(2) The amount of the brandy levy shall –

 

(a) in the case of distilling wine and wine spirit, be –

(i) 3.48 cent per litre at 10 per cent alcohol by volume for the period 1 January 2026 to 31 December 2026;

(ii) 3.64 cent per litre at 10 per cent alcohol by volume for the period 1 January 2027 to 31 December 2027;

(iii) 3.80 cent per litre at 10 per cent alcohol by volume for the period 1 January 2028 to 31 December 2028; and

(iv) 3.97 cent per litre at 10 per cent alcohol by volume for the period 1 January 2029 to 31 December 2029.

 

(3) The brandy levy shall –

(a) be payable by a wine producer in respect of –

(i) wine spirit packaged in containers of 5 litres or less;

(ii) wine spirit sold to another wine producer; and

(iii) wine spirit produced by a wine producer and used for fortification of that wine producer’s own drinking wine.

 

(b) be payable by a wine trader in respect of –

(i) distilling wine and wine spirit, in containers of more than 5 litres, acquired from a wine producer.

 

(4) The brandy levy shall be payable to SAWIS, acting on behalf of South Africa Wine NPC, in accordance with subclause (5).

 

(5) (a) Payment of the brandy levy shall be made not later than sixty days following the month of delivery of a quantity of distilling wine or wine spirit sold, purchased or otherwise acquired.

(b) Payment shall be made by means of an electronic transfer to the bank account obtainable from SAWIS.

 

Period of validity

 

10. The statutory measures shall continue from 1 January 2026 and lapse on 31 December 2029.

 

 

LINK TO FULL NOTICE

 

Marketing of Agricultural Products Act: Wine Industry: Continuation of Statutory Measures and Determination of Guideline Prices

G 53901 GeN 3714

24 December 2025

 

53901gen3714.pdf

 

 

ACTION

 

1. Registration with SAWIS

 

  • Who: Bottlers, grape producers, grape juice producers, wine exporters, wine producers, and wine traders.

 

  • Action:
    • Register with SAWIS within 30 days of becoming a party to the industry.
    • Use SAWIS forms (available physically or online at sawisonline.co.za).
    • Ensure correct classification (wine producer OR wine trader, not both).

 

2. Record-Keeping and Returns

 

  • Who: Bottlers, grape producers, wine exporters, wine producers, wine traders.

 

  • Action:
    • Keep accurate records of vines, grapes, grape juice, wine, and wine spirit.
    • Submit monthly returns to SAWIS within 15 days after month-end.
    • Maintain records for at least 3 years (electronic or manual).

 

3. Levy Payments

 

  • Research, Development & Information Levy:
    • Pay on grapes, grape juice concentrate, and drinking wine.
    • Payment due within 60 days after delivery month.

 

  • Export Levy:
    • Pay on export wine (bulk, packaged, certified/uncertified).
    • Payment due within 60 days after export month.

 

  • Brandy Levy:
    • Pay on distilling wine and wine spirit.
    • Payment due within 60 days after delivery month.

 

  • Action:
    • Calculate levy amounts based on the schedule (2026–2029 rates).
    • Make payments via electronic transfer to SAWIS.

 

4. Compliance with Ethical and Sustainability Requirements

 

  • Prepare for audits and reporting on ethical trade, fair labor practices, and sustainability initiatives.
  • Align operations with transformation and wine tourism development goals.

 

5. Monitor Guideline Prices

 

  • Use the guideline prices for grapes, grape juice concentrate, drinking wine, distilling wine, and export wine as reference for contracts and negotiations.

 

6. Internal Communication & Training

 

  • Inform finance, compliance, and operations teams about new statutory measures.
  • Train staff on record-keeping, levy calculation, and reporting deadlines.

 

7. Engage with SAWIS and South Africa Wine NPC

 

  • Confirm registration status.
  • Obtain banking details for levy payments.
  • Stay updated on any exemptions or changes.

 

 

 

LAW AND TYPE OF NOTICE

 

Marketing of Agricultural Products Act:

 

Establishment of statutory measure and determination of a differentiated levy on planted hectares for funding of an integrated area wide fruit fly control programme in specified production areas

 

G 53897 RG 11922 GoN 6973

24 December 2025

 

 

APPLIES TO: 

 

  Producers in Specified Production Regions

Any person or entity producing fruit on planted hectares within the defined regions (e.g., Elgin/Grabouw and Vyeboom including Eerstehoop) will be subject to the levy.

 

  Industry Service Entities

Specifically, FruitFly Africa (Pty) Ltd, which is tasked with administering and spending the collected funds on behalf of producers.

 

  Agricultural Businesses Linked to Fruit Production

This includes farms, cooperatives, and companies involved in fruit cultivation in the specified regions.

 

  Nominees Acting on Behalf of Producers

Entities or individuals who manage payments or operations for producers will also have obligations under this measure.

 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Marketing of Agricultural Products Act: Establishment of statutory measure and determination of a differentiated levy on planted hectares for funding of an integrated area wide fruit fly control programme in specified production areas

 

G 53897 RG 11922 GoN 6973

24 December 2025

 

53897rg11922gon6973.pdf

 

 

ACTION

 

Take note if you operate in Elgin/Grabouw and Vyeboom including Eerstehoop

 

 

LAW AND TYPE OF NOTICE

 

Marketing of Agricultural Products Act:

 

Continuation of statutory measures in respect of milk and other dairy products

 

G 53900 RG 11923 GoN 6980

 

22 December 2025

 

 

APPLIES TO: 

 

  Agricultural enterprises (commercial farms, agribusinesses, cooperatives)

  Land reform beneficiaries and related organizations

  Rural development agencies and NGOs

  Food production and processing companies

  Environmental and land management bodies

  Government departments and municipalities involved in land use planning

  Professional associations in agriculture and rural development

 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Marketing of Agricultural Products Act: Continuation of statutory measures in respect of milk and other dairy products

G 53900 RG 11923 GoN 6980

22 December 2025

 

53900rg11923gon6980.pdf

 

 

ACTION

 

1. Continue Paying Statutory Levies

 

Continue to pay levies on milk and dairy products at the prescribed rates (expressed in cents per kilogram) in effect for 2026, 2027, 2028, and 2029. These levies apply to categories including raw milk, concentrated or sweetened milk, yogurt, butter, and cheese.

 

2. Maintain Registration

 

Milk producers, processors, and buyers are required to register under the Marketing of Agricultural Products Act, ensuring they are formally accounted for in the national dairy industry registry.

 

3. Keep Detailed Records

 

Document monthly volumes for:

  • Raw milk purchased
  • Raw milk produced
  • Milk used in processing
  • Milk exported or transported outside South Africa
  • Other uses (e.g., cream production).

 

4. Submit Monthly Returns

 

Within 15 days of each month’s end, registered parties must submit returns (covering the above volume records) to Milk SA, via approved channels—postal, hand-delivery, or electronically.

 

5. Comply with Guideline Price Regulations

 

In addition to levy payments, organizations must also comply with any established guideline prices or pricing frameworks for dairy products, as stipulated in the statutory measures.

 

 

LAW AND TYPE OF NOTICE

 

Agricultural Product Standards Act:

 

Approved inspection fees for 2026: South African Meat Industry Company

 

G 53873 GoN 6959

 

19 December 2025

 

 

APPLIES TO: 

 

  Abattoirs (High and Low Throughput) – monthly grading service fees.

  Farms – inspections for Quality Indication (QI) and Geographic Indication (GI) marks.

  Feedlots – inspections for QI and GI marks.

  Deboning plants – inspections for QI and GI marks.

  Trade outlets – inspections for QI and GI marks.

 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Agricultural Product Standards Act: Approved inspection fees for 2026: South African Meat Industry Company

G 53873 GoN 6959

19 December 2025

 

53873-gon6959.pdf

 

 

ACTION

 

1. Budget for Approved Inspection Fees

 

  • Ensure your financial planning for 2026 includes the approved fees for inspections and grading services:
    • Abattoir grading services (monthly fees for high and low throughput).
    • QI and GI inspections for farms, feedlots, deboning plants, and trade outlets.
    • Travel and subsistence costs for inspectors (charged per kilometer).

 

2. Schedule Required Inspections

 

  • Arrange inspections with SAMIC (South African Meat Industry Company) for:
    • Meat classification at abattoirs.
    • Quality Indication (QI) and Geographic Indication (GI) marks for relevant facilities.

 

3. Update Internal Compliance Processes

 

  • Make sure your compliance team understands:
    • Which facilities require QI/GI inspections.
    • The frequency and timing of these inspections.
    • How to handle documentation and payment for these services.

 

4. Communicate with SAMIC

 

  • Confirm inspection dates and payment procedures.
  • Ensure your organization is registered and recognized for meat classification and QI/GI compliance.

 

 

 

LAW AND TYPE OF NOTICE

 

Agricultural Product Standards Act: Fruit Industry:

 

Request for Statutory Measure for funding of area-wide Bactrocera Dorsalis Eradication Programme in specified production areas in Eastern Cape, Western Cape and Northern Cape: Comments invited

 

G 53814 GeN 3681

 

– Comment by 20 Jan 2026

 

12 December 2025

 

 

APPLIES TO: 

 

  • Fruit producers (especially table-grape and citrus growers in areas like Hex River Valley, Elgin-Grabouw, Langkloof, Lower-Orange-River, etc.)
  • Packhouses that handle fruit from these regions.
  • Exporters who rely on pest-free certification for international markets.
  • Industry associations and regional structures involved in pest management and compliance.
  • FruitFly Africa (Pty) Ltd and related service providers implementing eradication programs.

 

Essentially, any organization involved in production, packing, or exporting fruit from these specified regions will be impacted because they may be required to pay the per-hectare ad hoc levy when eradication measures are necessary.

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

 

NOTICE 3681 OF 2025

 

FRUIT INDUSTRY

 

REQUEST FOR A STATUTORY MEASURE (PER HECTARE AD HOC LEVY) FOR THE FUNDING OF THE AREA-WIDE BACTROCERA DORSALIS ERADICATION PROGRAMME IN SPECIFIED PRODUCTION AREAS IN THE EASTERN-, WESTERN- AND NORTHERN CAPE NAMC REQUESTING COMMENTS FROM INDUSTRY ROLE PLAYERS

 

On 19 November 2025, the Minister of Agriculture received a request from FruitFly Africa (Pty) Ltd, on behalf of the fruit industry, for the continuation of the area based, per hectare ad hoc, statutory levy for the funding of Bactrocera dorsalis (BD) (also known as the Oriental Fruit Fly) programmes in specific production regions for a new four-year period implemented as soon as possible (the current statutory levy will expire by the end of December 2025). This application includes the Lower- Orange-River area (on table-grapes and citrus) a new area where the levy will be introduced for the first time which was previously not part of this ad-hoc producer levy.

 

The Department of Agriculture (DoA) supports the BD control strategy and will continue to co-fund operational expenses of the area-wide Medfly control programme via the Public- Private Partnership arrangement between the DoA and the participating producers via FruitFly Africa (Pty) Ltd (FFA).

 

It is proposed that a maximum levy of R1 367-00/ha per year (excluding VAT) be introduced, for the 1st year of the cycle, in the production regions (indicated below) based on the need for eradication within a specific year subject to the number of hectares to be treated. FFA calculated that between R60 million (2026) and R86 million (2029) will be required to run the eradication programme.

 

These funds will only be levied in areas and in years where eradication measures are required. Should no eradication actions be necessary during a season, no funds will be levied. For regions bigger than 2 500 hectares a pro-rata lower per hectare levy will be applicable.

 

If approved, this will be a separate statutory levy, meaning that the existing statutory levies in the fruit industry (to finance research, information, transformation etc.) will remain unchanged.

 

The Eastern-, Western- and Northern Cape still has an official (from the DOA) pest-free status with regards to BD, and it is therefore vital to put all possible precautionary measures in place to keep these fruit production areas pest-free.

 

The eradication programme will be available in the following production regions, namely:

 

• Hex River Valley;

• De Wet;

• Brandwacht;

• Elgin-Grabouw;

• Hemel & Aarde Valley;

• Vyeboom;

• Warm Bokkeveld (including Hamlet, Eselfontein rd., Onder-Swaarmoed);

• Koue Bokkeveld;

• Agter-Witzenberg;

• Bo-Swaarmoed;

• Wolseley;

• Tulbagh

• Langkloof; and

• Lower-Orange-River (on table-grapes and citrus is a new area where the levy will be introduced for the first time).

 

This mechanism was used with great success during the past four years and enabled FFA and regional structures to eradicate Bactrocera dorsalis in the Hex River valley and Elgin- Grabouw area. The fruit industry is confident that the successful continuation and expansion of this measure as motivated will not only empower regions to differentiate themselves in the international marketing environment, but will substantially enhance their ability to comply with international quarantine requirement in support of the national growth targets based on exports, maintaining and growing jobs and ensure food security in rural areas.

 

The NAMC believes that the proposed statutory levies requested are consistent with the objectives of the MAP Act (as set out in section 2 of the Act).

 

The NAMC believes that the application by FruitFly Africa for the implementation of the proposed statutory levies in the relevant regions is consistent with the objectives of the MAP Act (as set out in section 2 of the Act).

 

Directly affected groups (e.g. producers, packers and exporters) in the fruit industry are kindly requested to submit any comments, in writing, regarding the proposed fruit fly statutory levies, to Mathilda van der Walt (mathildavdw@namc.co.za) on or before 16 January 2026, to enable the NAMC to finalise its recommendation to the Minister in this regard.

 

 

LINK TO FULL NOTICE

 

Agricultural Product Standards Act: Fruit Industry: Request for Statutory Measure for funding of area-wide Bactrocera Dorsalis Eradication Programme in specified production areas in Eastern Cape, Western Cape and Northern Cape: Comments invited

G 53814 GeN 3681

– Comment by 20 Jan 2026

12 December 2025

 

53814gen3681.pdf

 

 

ACTION

 

Ensure that you submit your comments before 16 January 2026.

 

BUSINESS

 

 

LAW AND TYPE OF NOTICE

 

Companies Act:

 

Deactivation of Manual Filing Channel for Company and Close Corporation Voluntary Deregistration

 

G 53814 GoN 6921

 

12 December 2025

 

 

APPLIES TO: 

 

All Organizations

 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Companies Act: Deactivation of Manual Filing Channel for Company and Close Corporation Voluntary Deregistration

G 53814 GoN 6921

12 December 2025

 

53814gon6921.pdf

 

 

ACTION

 

Take note of the deactivation of manual filing for voluntary deregistration of companies and Close Corporations.

 

COMPETITION

 

 

LAW AND TYPE OF NOTICE

 

Competition Act:

 

Amendment of the scope of the Energy Users Block Exemption

 

G 53921 RG 11924 GoN 6985

 

05 January 2026

 

 

APPLIES TO: 

 

Energy-Intensive Industrial Users

Companies in sectors experiencing electricity constraints or in economic distress—e.g., ferrochrome, manganese, and steel processors—can collaborate to negotiate power supply deals, jointly finance backup generation, or pool alternative energy generation capacity.

 

Collaborative Energy Users

Businesses that rely on backup or alternative energy supply—including those setting up or co-financing on-site generation to secure energy—are covered, enabling them to collaborate and share infrastructure.

 

Cost-Reduction and Efficiency Focused Entities

Organizations aiming to reduce energy costs or optimize energy usage, including through joint energy purchasing, power-purchase agreements, or shared energy-saving measures.

 

Infrastructure-Sharing Collaborators

Firms looking to share adjacent sites, infrastructure, facilities, and equipment—such as co-located manufacturing operations—can do so under the exemption to reduce costs and improve energy resilience.

 

Joint Service Providers

Organizations engaging in joint investment, negotiation, and procurement—for example, in backup generators or renewable energy projects—are exempted from competition rules in these specific cases.

 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Competition Act: Amendment of the scope of the Energy Users Block Exemption

G 53921 RG 11924 GoN 6985

05 January 2026

 

53921rg11924gon6985.pdf

 

 

ACTION

 

1.     Understand the Amended Scope

o   Review the updated exemption terms to confirm which collaborative activities are permitted (e.g., joint procurement of energy, shared backup generation, infrastructure sharing).

 

2.     Limit Collaboration to Exempted Activities

o   Ensure any agreements or joint actions fall strictly within the exemption scope.

o   Avoid collusion on pricing, output, or market allocation beyond what is allowed.

 

3.     Document Agreements

o   Keep written records of all collaborative arrangements, including purpose, scope, and duration.

o   Ensure agreements clearly state they are for energy security or cost reduction under the exemption.

 

4.     Notify the Competition Commission (if required)

o   Submit any required notifications or reports to the Commission as stipulated in the exemption conditions.

 

5.     Maintain Transparency

o   Share operational data and compliance reports if requested by regulators.

o   Avoid secrecy that could suggest anti-competitive behavior outside the exemption.

 

6.     Monitor Expiry Dates

o   The exemption is time-bound; track its validity period and prepare for compliance under normal Competition Act rules once it expires.

 

 

LAW AND TYPE OF NOTICE

 

Competition Act: Complaint Referrals and Approved Mergers

 

 

LINK TO FULL NOTICE

 

Competition Act: Complaint referrals

G 53901 GeN 3715

24 December 2025

 

53901gen3715.pdf

 

Competition Act: Complaint referrals

G 53873 GeN 3710

19 December 2025

 

53873gen3710.pdf

 

Competition Act: Approved mergers

G 53873 GeN 3709

19 December 2025

 

53873gen3709.pdf

 

 

LAW AND TYPE OF NOTICE

 

Competition Act: Regulations:

 

Divestiture Recommendation: Comments invited

 

G 53814 GoN 6920

 

– Comment by 12 Jan 2026

 

12 December 2025

 

 

APPLIES TO: 

 

  Dominant Firms or Large Corporations

  • Companies identified in market inquiries where the Competition Commission finds that structural changes (like divestiture) may be necessary to address anti-competitive outcomes.

 

  Businesses in Highly Concentrated Markets

  • Firms operating in sectors where market power is concentrated and competition concerns have been raised (e.g., energy, telecommunications, retail, transport).

 

  Respondents in Market Inquiry Reports

  • Any organization named in a Commission report under Section 43B(6) that could be subject to a divestiture recommendation.

 

  Industry Stakeholders and Associations

  • Entities that represent affected firms or sectors, as they may need to comment on the draft regulations.

 

  Legal and Compliance Service Providers

  • Law firms and compliance consultants advising companies on Competition Act obligations.
 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

 

NO. 6920 12 December 2025

 

INVITATION FOR THE PUBLIC TO COMMENT ON THE DRAFT REGULATIONS RELATING TO A DIVESTITURE RECOMMENDATION BY THE COMMISSION IN TERMS OF SECTION 43D(2) OF THE COMPETITION ACT, NO.89 OF 1998, AS AMENDED

 

1. By virtue of the powers vested in me in terms of section 21(4) of the Competition Act, 1998 (Act No. 89 of 1998) as amended (the Competition Act), I, Mr. Mpho Parks Tau, Minister of Trade, Industry and Competition, after consultation with the Competition Tribunal, hereby republish for public comments the draft regulations as set out in the Schedule hereto.

 

2. The purpose of these draft regulations is to make provision for the Competition Tribunal rules regulating the processes for determining the Commission’s recommendations for divestiture made in terms of section 43D(2) of the Competition Act.

 

3. These draft regulations were initially published in Government Notice No. 3125 of Government Gazette No. 48184 on 8 March 2023.

 

4. Stakeholders and interested persons are invited to submit comments in writing on the proposed regulations within a period of 30 business days of the publication of this notice to the Minister of Trade, Industry and Competition, for the attention of Mr Ivan Galodikwe, email IGalodikwe@thedtic.gov.za or hand delivered at 3rd Floor, Block E, 77 Meintjies Street, Sunnyside, 0132.

 

SCHEDULE

 

DRAFT RULES RELATING TO A DIVESTITURE RECOMMENDATION BY THE COMMISSION IN TERMS OF SECTION 43D(2) OF THE ACT

 

(1) Within 90 business days after the Commission has published a report referred to in section 43B(6), the Commission may make a recommendation to the Tribunal in terms of section 43D(2) for an order in terms of section 60(2)(c).

 

(2) A recommendation by the Commission to the Tribunal in terms of section 43D(2), must be made by filing a Notice of Motion in Form CT 6 and supporting affidavit setting out the facts upon which its recommendation is based.

 

(3) A Notice of Motion in terms of this Rule must –

(a) indicate the order recommended by the Commission; and

(b) state the name and address of each person in respect of whom the order is recommended.

 

(4) An affidavit in terms of this Rule must set out in numbered paragraphs –

(a) a concise statement of the grounds of the recommendation;

(b) the material facts or the points of law relevant to the recommendation and relied on by the Commission; and

(c) concise reasons as to why the order recommended is reasonable and practicable, taking into account relevant factors, including the factors referred to in section 43D(4).

 

(5) The Commission must serve a copy of the Notice of Motion and affidavit on each respondent named in the Notice, within 5 business days of filing them.

 

(6) Within 20 business days of being served with a Notice of Motion and affidavit in terms of this Rule, a respondent who wishes to oppose the recommendation must-

(a) serve a copy of their Answer on the Commission; and

(b) file the Answer with proof of service.

 

(7) An Answer that raises only a point of law must set out the question of law to be resolved.

 

(8) Any other Answer must be in affidavit form, setting out in numbered paragraphs–

(a) a concise statement of the grounds on which the recommendation is opposed;

(b) the material facts or points of law on which the respondent relies; and

(c) an admission or denial of each ground and of each material fact relevant to each ground set out in the recommendation.

 

(9) An allegation of fact set out in the recommendation that is not specifically denied or admitted in an Answer will be deemed to have been admitted.

 

(10) In an Answer, the respondent must qualify or explain a denial of an allegation, if necessary in the circumstances.

 

(11) Within 15 business days of being served with an Answer that raises issues not addressed in the recommendation, other than a point of law alone, the Commission may

(a) serve a Reply; and

(b) file a copy of the reply and submit proof of service.

 

(12) A Reply must be in affidavit form, setting out in numbered paragraphs–

(a) An admission or denial of each new ground or material fact raised in the Answer; and

(b) The position of the Commission on any point of law raised in the Answer.

 

(13) If the Commission does not file a Reply, it will be deemed to have denied each new issue raised in the Answer, and each allegation of fact relevant to those issues.

 

(14) Rules 18 to 23, each read with changes required by the context, apply to a recommendation under this Rule.

 

 

LINK TO FULL NOTICE

 

Competition Act: Regulations: Divestiture Recommendation: Comments invited

 

G 53814 GoN 6920

– Comment by 12 Jan 2026

12 December 2025

 

53814gon6920.pdf

 

 

ACTION

 

1. Review the Draft Regulations Thoroughly

 

  • Understand the proposed rules for divestiture recommendations under Section 43D(2).
  • Identify how these rules could apply to your organization if named in a market inquiry report.

 

2. Submit Comments Before the Deadline

 

  • Prepare and send written comments to the Minister (via the provided email or physical address) within 30 business days of publication.

 

  • Comments should address:
    • Practicality of the proposed process.
    • Any concerns about timelines, documentation, or procedural fairness.

 

3. Assess Exposure

 

  • Determine if your organization operates in a highly concentrated market or has been part of a market inquiry.
  • Review any previous Competition Commission reports for potential recommendations affecting your business.

 

4. Prepare Internal Compliance and Legal Teams

 

  • Ensure your legal team understands:
    • How to respond to a Notice of Motion and affidavit from the Commission.
    • Timelines for filing an Answer (20 business days) and supporting documents.

 

5. Develop a Response Strategy

 

  • If named in a recommendation:
    • Gather evidence and prepare affidavits to oppose or comply.
    • Ensure responses include clear grounds, material facts, and legal arguments.

 

6. Maintain Accurate Records

 

  • Keep detailed records of ownership structures, market share data, and any relevant operational information.
  • This will be critical if the Commission requests supporting documents.

 

7. Monitor Further Updates

 

  • Track any changes to the draft regulations and final publication in the Government Gazette.
  • Adjust compliance plans accordingly.

 

 

LAW AND TYPE OF NOTICE

 

Competition Act:

 

Block Exemption for Promotion Exports

 

G 53822 RG 11917 GoN 6930

 

12 December 2025

 

 

APPLIES TO: 

 

1. Exporting Firms

  • Any company that exports goods or services from South Africa to international markets.
  • Includes large corporations, SMMEs, and HDP-owned firms engaged in export activities.

 

2. Industry Associations and Export Councils

  • Associations coordinating export strategies or collective marketing efforts for South African products abroad.

 

3. Logistics and Infrastructure Collaborators

  • Firms involved in shipment, storage, inspection facilities, freight, consolidation hubs, insurance, and other logistics related to exports.

 

4. Agricultural Exporters

  • Particularly those requiring coordination for compliance with foreign regulations and protocols, as agricultural markets are explicitly mentioned.

 

5. Firms Engaging in Joint Export Initiatives

  • Companies planning joint financing, infrastructure development, collective marketing, or sharing export-related market information.

 

6. Independent Third Parties

  • Entities appointed to facilitate the sharing of competitively sensitive information among exporters.
 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Competition Act: Block Exemption for Promotion Exports

G 53822 RG 11917 GoN 6930

12 December 2025

 

53822reg11917gon6930.pdf

 

 

ACTION

 

1. Confirm Scope Before Acting

 

  • If planning any coordinated agreements or practices (e.g., joint financing, cost-sharing, collective marketing), seek written confirmation from the Competition Commission that the activity falls within the exemption.
  • Submit details of parties, terms, and timelines for approval.

 

2. Notify Authorities

 

  • After implementing an approved agreement, notify both the Competition Commission and the Department of Trade, Industry and Competition (dtic) within 15 business days.
    • Email: exemption.conditions@compcom.co.za and exemption.conditions@thedtic.gov.za.

 

3. Maintain Accurate Records

 

  • Keep detailed records of:
    • Meetings and correspondence related to exempted agreements.
    • Exchanges of competitively sensitive information (only what is strictly necessary for implementation).

 

  • Be prepared to provide these records if requested by the Commission.

 

4. Include HDP Firms and SMMEs

 

  • Ensure historically disadvantaged persons (HDP) firms and SMMEs are given an opportunity to participate in agreements and negotiations.

 

5. Avoid Prohibited Practices

 

  • Do not engage in:
    • Market allocation.
    • Collusive tendering.
    • Resale price maintenance.
    • Mergers outside the exemption scope.

 

6. Monitor Compliance and Duration

 

  • The exemption lasts 5 years (from Dec 2025) but can be extended or revoked.
  • Prepare for winding down agreements if the exemption is withdrawn.

 

 

LAW AND TYPE OF NOTICE

 

Competition Act:

 

Guidelines on Minority Shareholder Protections: Correction

 

G 53845 GoN 6943

 

11 December 2025

 

 

APPLIES TO: 

 

1. Companies with Minority Shareholders

  • Any firm where minority investors hold less than 50% but have rights that influence strategic decisions (e.g., budgets, business plans, appointment of executives).

 

2. Acquiring Firms

  • Businesses purchasing minority stakes in other companies, especially where the stake includes veto rights or strategic influence.

 

3. Target Firms

  • Companies granting minority protections that may confer control under section 12(2)(g) of the Competition Act.

 

4. Private Equity and Investment Firms

  • Entities acquiring minority interests with governance rights or influence over policy and strategy.

 

5. Joint Venture Participants

  • Firms entering into joint ventures where minority partners have significant decision-making rights.

 

6. Legal and Advisory Firms

  • Advisers structuring deals involving minority protections that could trigger merger notification requirements.

 

 

SUMMARY

 

Purpose

  • To outline the Competition Commission’s approach to assessing transactions where minority shareholder rights may amount to control under the Competition Act.
  • These guidelines help determine when such transactions require merger notification.

 

Key Points

 

1.     Scope

o   Applies to transactions that do not cross the usual merger thresholds but involve minority rights conferring control.

o   Not sector-specific; applies broadly across industries.

 

2.     Control Assessment

o   Section 12 of the Competition Act defines control broadly, including material influence over a firm’s policy.

o   Minority rights that allow influence over strategic decisions (e.g., budgets, business plans, appointment of executives) may constitute control.

 

3.     Types of Minority Protections

o   Do NOT confer control: Rights limited to protecting financial interests (e.g., approving dividend policy, auditor appointments, liquidation decisions).

o   DO confer control: Rights over strategic matters (e.g., veto on business plans, budgets, CEO/CFO appointments, major investments).

 

4.     Commission’s Approach

o   Case-by-case analysis of rights and their impact on strategic decision-making.

o   Transactions meeting financial thresholds and involving control rights may require notification.

 

5.     Advisory Opinions

o   Parties unsure whether rights confer control can request a non-binding advisory opinion from the Commission.

 

6.     Effective Date

o   Guidelines become effective upon publication in the Government Gazette and may be amended.

 

Implications

  • Firms acquiring minority stakes with strategic veto rights must assess whether the transaction triggers merger notification.
  • Legal and compliance teams should review shareholder agreements for rights that could amount to control.

 

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NO. 6943 11 December 2025

 

HEREBY ISSUES AN ERRATUM NOTICE TO THE COMMISSION’S DRAFT GUIDELINES ON MINORITY SHAREHOLDER PROTECTIONS IN TERMS OF SECTION 79(1) OF THE COMPETITION ACT 89 OF 1998 (AS AMENDED)

 

December 2025

 

1. BACKGROUND

 

1.1. The Competition Commission of South Africa hereby issues an Erratum Notice the Draft Guidelines on Minority Shareholder Protections, published in Notice No 6902 of 2025, in Government Gazette No 53781 issued on 4 December 2025.

 

1.2. The purpose of the erratum is to replace paragraph 3 of the Notice in order to correct the closing date for public comment and link provided to the draft guidelines on the Commission’s website.

 

1.3. Paragraph 3 of Government Gazette Number 53781 (Notice No 6902 of 2025) is hereby replaced by the paragraph set out below:

 

2. INVITATION TO COMMENT

 

The public is invited to submit comments on these Draft Guidelines by 16h30 on 20 January 2025. Written submissions can be sent via email to SimphiweG@compcom.co.za or BusisiweMa@compcom.co.za. All submissions will be reviewed, and a final guideline published by the Competition Commission. The Draft Guidelines are available at https://www.compcom.co.za/wp-content/uploads/2025/12/Draft_Guidelineson-Minority-Protections_1-December-2025_for-Public-comment.pdf

 

Draft Guidelines are available here – Draft guidelines on minority shareholder protections

 

 

LINK TO FULL NOTICE

 

Competition Act: Guidelines on Minority Shareholder Protections: Correction

G 53845 GoN 6943

11 December 2025

 

53845gon6943.pdf

 

 

ACTION

 

Ensure that you submit your comments before 20 January 2026.

 

 

LAW AND TYPE OF NOTICE

 

Competition Act: Statements on the latest Decisions by the Competition Commission.

 

 

LINK TO FULL NOTICE

 

Statement on the latest decisions by the Competition Commission

Date: 11 December 2025

Read more

Statement on the latest decisions by the Competition Commission

Date: 05 December 2025

Read more

Commission prosecutes eight cargo shipping companies for price-fixing

Date: 02 December 2025

Read more

 

CONSTRUCTION

 

 

LAW AND TYPE OF NOTICE

 

Project and Construction Management Professions:

 

Fees and charges for 1 April 2026 to 31 March 2027

 

G 53843 BN 867

 

11 December 2025

 

 

APPLIES TO: 

 

  Project and Construction Management Firms

  • Companies employing professionals registered under SACPCMP (e.g., Project Managers, Construction Managers, Mentors).

 

  Construction Health and Safety Service Providers

  • Firms with registered Health and Safety Agents, Managers, and Officers.

 

  Building Inspection Organizations

  • Entities employing Professional and Certified Building Inspectors.

 

  Training and CPD Providers

  • Organizations offering Continuing Professional Development (CPD) activities, webinars, conferences, and mentorship programs for SACPCMP professionals.

 

  Voluntary Associations

  • Industry associations affiliated with SACPCMP that pay annual fees and application fees.

 

  Educational Institutions

  • Institutions seeking programme accreditation or re-accreditation for construction and project management courses.

 

  Advertising and Event Organizers

  • Businesses using SACPCMP platforms for advertising or hosting accredited events.
 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Project and Construction Management Professions: Fees and charges for 1 April 2026 to 31 March 2027

G 53843 BN 867

11 December 2025

 

53843bn867.pdf

 

 

ACTION

 

Ensure that you take note of the amended fees.

 

CUSTOMS, EXCISE AND INTERNATIONAL TRADE

 

 

LAW AND TYPE OF NOTICE

 

Customs and Excise Act:

 

Amendment to Part 1 of Schedule No. 1 (No. 1/1/1965) (English / Afrikaans)

 

G 53874 RG 11920 GoN 6961

 

19 December 2025

 

 

APPLIES TO: 

 

  Automotive Manufacturers and Assemblers

  • Companies producing or assembling motor vehicles that use electric accumulators (batteries) for propulsion or auxiliary systems.

 

  Electric Vehicle (EV) Manufacturers

  • Firms involved in the production of electric cars, buses, and trucks.

 

  Battery Manufacturers and Importers

  • Businesses importing or manufacturing electric accumulators for vehicles or industrial applications.

 

  Automotive Component Suppliers

  • Suppliers providing batteries and related electrical components to OEMs (Original Equipment Manufacturers).

 

  Logistics and Distribution Companies

  • Entities handling the import/export of electric accumulators and related automotive parts.

 

  Industrial Equipment Manufacturers

  • Companies producing machinery or equipment that uses electric accumulators for power storage.
 

FULL TEXT

 

 

DETAILS

 

 

 

LINK TO FULL NOTICE

 

Customs and Excise Act: Amendment to Part 1 of Schedule No. 1 (No. 1/1/1965) (English / Afrikaans)

G 53874 RG 11920 GoN 6961

19 December 2025

 

53874rg11920gon6961.pdf

 

 

LAW AND TYPE OF NOTICE

 

Customs and Excise Act:

 

Amendment to Part 1 of Schedule No. 4 (No. 4/1/385) (English / Afrikaans)

 

G 53874 RG 11920 GoN 6963

 

19 December 2025

 

 

APPLIES TO: 

 

1.     Automotive Manufacturers

o   Companies developing or manufacturing new motor vehicle models in South Africa.

 

2.     Vehicle Importers for Prototyping

o   Businesses importing prototype vehicles for testing, research, and development.

 

3.     Research and Development Divisions

o   Automotive R&D centers working on new designs, technologies, or compliance testing.

 

4.     Automotive Component Suppliers

o   Firms supplying parts for prototype vehicles during development phases.

 

5.     Testing and Certification Bodies

o   Organizations involved in vehicle homologation, safety, and compliance testing.

 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Customs and Excise Act: Amendment to Part 1 of Schedule No. 4 (No. 4/1/385) (English / Afrikaans)

G 53874 RG 11920 GoN 6963

19 December 2025

 

53874rg11920gon6963.pdf

 

 

LAW AND TYPE OF NOTICE

 

Customs and Excise Act:

 

Amendment to Part 3 of Schedule No. 5 (No. 5/3/115) (English / Afrikaans)

 

G 53874 RG 11920 GoN 6965

 

19 December 2025

 

 

APPLIES TO: 

 

  Automotive Manufacturers and Assemblers

  • Companies producing or assembling motor vehicles in South Africa that use imported components.

 

  Component Importers and Distributors

  • Businesses importing automotive parts such as engines, gearboxes, electrical systems, and body components.

 

  OEMs (Original Equipment Manufacturers)

  • Vehicle brands sourcing parts for local assembly or production.

 

  Tier 1 and Tier 2 Suppliers

  • Suppliers providing specialized automotive components to manufacturers.

 

  Logistics and Customs Brokerage Firms

  • Organizations handling customs clearance and tariff refund processes for automotive imports.

 

  Heavy Vehicle Manufacturers

  • Companies producing trucks, buses, and other heavy-duty vehicles using imported components.
 

FULL TEXT

 

 

DETAILS

 

 

 

LINK TO FULL NOTICE

 

Customs and Excise Act: Amendment to Part 3 of Schedule No. 5 (No. 5/3/115) (English / Afrikaans)

G 53874 RG 11920 GoN 6965

19 December 2025

 

53874rg11920gon6965.pdf

 

 

LAW AND TYPE OF NOTICE

 

Customs and Excise Act:

 

Amendment to Part 1 of Schedule No. 3 (No. 3/1/760) (English / Afrikaans)

 

G 53874 RG 11920 GoN 6962

 

19 December 2025

 

 

APPLIES TO: 

 

  Automotive Manufacturers (OEMs)

  • Companies producing specified motor vehicles (light vehicles under 317.04 and heavy vehicles under 317.07) in South Africa.
  • Includes manufacturers of electric vehicles (EVs), hybrid vehicles, and vehicles with alternative propulsion systems.

 

  Component Manufacturers and Suppliers

  • Firms producing or supplying original equipment components for motor vehicles, including imported and locally manufactured parts.

 

  Importers of Automotive Components

  • Businesses importing parts under Chapter 98 for use in vehicle assembly or component manufacturing.

 

  Exporters of Motor Vehicles

  • Organizations exporting vehicles under APDP Phase II, as rebates and credits are linked to export performance.

 

  Tooling and Equipment Suppliers

  • Companies providing automotive tooling such as dies, jigs, assembly lines, and moulds for vehicle production.

 

  Customs Brokers and Logistics Providers

  • Entities handling customs clearance and compliance for automotive components and vehicles under rebate provisions.

 

  Industry Associations and Regulatory Bodies

  • Associations representing automotive manufacturers and component suppliers, as well as those involved in compliance with ITAC and SARS requirements.
 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Customs and Excise Act: Amendment to Part 1 of Schedule No. 3 (No. 3/1/760) (English / Afrikaans)

G 53874 RG 11920 GoN 6962

19 December 2025

 

53874rg11920gon6962.pdf

 

 

ACTION

 

1. Register for Participation

  • Apply for registration under the rebate item with SARS and submit a letter of approval from ITAC confirming qualification for APDP Phase II.

 

2. Correct Customs Clearance

  • Ensure all original equipment components imported for vehicle manufacturing are cleared under Chapter 98 using the correct procedure codes:
    • “Processing for Home Use” for components used in production.
    • Pay VAT on customs value as required.

 

3. Maintain Accurate Records

  • Keep detailed records of:
    • Imported component values (including Form C2 from suppliers).
    • Quarterly accounts (Form DA 199) for customs duty and VAT.
    • VALA (Volume Assembly Localisation Allowance) calculations and usage.

 

4. Submit Quarterly Accounts

  • File DA 199 accounts with SARS within 30 days after each quarter, including:
    • Customs duty and VAT calculations.
    • VALA and CSP (Company Specific Percentage) details.
  • Amend accounts promptly if errors are found.

 

5. Comply with Local Content Requirements

  • Meet localisation thresholds:
    • 35% local content for internal combustion vehicles by 2026.
    • 40% local content for electric and alternative propulsion vehicles for 10 years.

 

6. Manage VALA and PRC

  • Use VALA to offset duty liability and track excess VALA for future quarters.
  • Ensure Production Rebate Certificates (PRC) are correctly applied and not misused.

 

7. Ensure Supplier Compliance

  • Verify Form C2 declarations from SACU suppliers for imported component values.
  • Correct any discrepancies immediately to avoid penalties.

8. Prepare for Audits

  • Be ready to provide supporting documents to SARS and ITAC, including:
    • Proof of compliance with rebate conditions.
    • Records of exports and local content calculations.

 

 

 

 

LAW AND TYPE OF NOTICE

 

International Trade Administration Act:

 

Initiation of investigation into alleged dumping of Flat-Rolled Products of Iron or Non-Alloy Steel

 

G 53872 GeN 3694

 

17 December 2025

 

 

APPLIES TO: 

 

  Steel Manufacturers in SACU

  • Local producers of flat-rolled steel products, such as ArcelorMittal South Africa and Safal Steel, who initiated the complaint.

 

  Importers of Colour-Coated Steel

  • Companies that import flat-rolled iron or non-alloy steel products under tariff subheadings 7210.70.20, 7210.70.30, 7210.70.40, and 7210.70.90.

 

  Exporters from China

  • Chinese manufacturers and exporters of colour-coated steel supplying the SACU market.

 

  Distributors and Traders

  • Businesses involved in the distribution and resale of imported colour-coated steel products within SACU.

 

  Industry Associations

  • Associations representing steel producers, importers, and exporters that may participate in the investigation or provide input.

 

  Downstream Industries

  • Companies in construction, roofing, and manufacturing sectors that use colour-coated steel as raw material.
 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

 

NOTICE 3694 OF 2025

 

INTERNATIONAL TRADE ADMINISTRATION COMMISSION

 

NOTICE OF INITIATION OF THE INVESTIGATION INTO THE ALLEGED DUMPING OF “FLAT-ROLLED PRODUCTS OF IRON OR NON-ALLOY STEEL, OF A WIDTH OF 600 MM OR MORE, CLAD, PLATED OR COATED, PAINTED, VARNISHED OR COATED WITH PLASTICS (“COLOUR-COATED STEEL”) CLASSIFIABLE UNDER TARIFF SUBHEADINGS 7210.70.20, 7210.70.30, 7210.70.40 AND 7210.70.90 ORIGINATING IN OR IMPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA (“CHINA”)

 

ArcelorMittal South Africa Ltd (“AMSA”) and Safal Steel (Pty) Ltd (“SAFAL”) (“the Applicant”) submitted an application to the Commission alleging that flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated, painted, varnished or coated with plastics: in tariff subheadings 7210.70.20, 7210.70.30, 7210.70.40 and 7210.70.90 originating in or imported from China is being dumped on the SACU market, causing material injury to the SACU industry concerned.

 

THE APPLICANT

 

The application was lodged by ArcelorMittal South Africa Ltd (“AMSA”) and Safal Steel (Pty) Ltd (“SAFAL”) (“the Applicant”). The Applicant alleges that the dumped product is causing material injury. The Applicant submitted sufficient evidence and established a prima facie case to enable the Commission to arrive at a reasonable conclusion that an investigation should be initiated based on dumping, material injury and causality.

 

THE PRODUCT

 

The product allegedly being dumped is flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated, painted, varnished or coated with plastics classifiable under tariff subheadings 7210.70.20, 7210.70.30, 7210.70.40 and 7210.70.90 originating in or imported from China.

 

THE ALLEGATION OF DUMPING

 

The allegation of dumping is based on the comparison between the normal value in China and the export price from China.

 

People’s Republic of China Normal value for China was calculated based on the export price to a third country (Morocco) from China. This information was obtained from International Trade Centre (‘ITC Trade Map’), an online database on international trade statistics and is for the period 1 May 2024 to 30 April 2025. Adjustments for port handling (clearance) and inland freight cost per tonne were made to the normal value to arrive at the ex-factory normal value.

 

In calculating the export price for China, the official South African Revenue Service (SARS) statistics for the period 1 May 2024 to 30 April 2025 were used. Adjustments for port handling (clearance) and inland freight cost per tonne were made to export price to arrive at the exfactory export price.

 

The dumping margin for China was determined to be 51%.

 

On this basis, the Commission found that there was prima facie proof of dumping of the subject product originating in or imported from China.

 

THE ALLEGATION OF MATERIAL INJURY AND CAUSAL LINK

 

The Applicant submitted evidence showing that it experienced injury in the form of price suppression, price undercutting, decline in sales volumes, decline in profits, a decline in output volumes, a decline in market share, increase in wages, a decline in capital investment, a decline in return on investment, decline in capacity utilisation, a decline in cashflow and a decline in capital investment from 1 May 2022 to 30 April 2025.

 

On this basis the Commission found that there was prima facie proof of material injury and a causal link between dumping and the injury suffered by the Applicant.

 

PERIOD OF INVESTIGATION

 

The period of investigation for purposes of determining the dumping margin in the exporting country of origin is from 1 May 2024 to 30 April 2025. The period of investigation for purposes of determining material injury is from 1 May 2022 to 30 April 2025.

 

PROCEDURAL FRAMEWORK

 

Having decided that there is sufficient evidence and a prima facie case to justify the initiation of an investigation, the Commission has begun an investigation in terms of section 16 of the International Trade Administration Act, 2002 (the ITA Act). The Commission will conduct its investigation in accordance with the relevant sections of the ITA Act and the Anti-Dumping Regulations of the International Trade Administration Commission of South Africa (ADR).

 

Both the ITA Act and the ADR are available on the Commission’s website (www.itac.org.za) or from the Trade Remedies section, on request.

 

 

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

 

CONFIDENTIAL INFORMATION

 

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

 

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

• reasons for such confidentiality;

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

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

 

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

 

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

 

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

 

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

 

Section 2.3 of the ADR provides as follows:

 

“The following list indicates “information that is by nature confidential” as per section 33(1) (a) of the Main Act, read with section 36 of the Promotion of Access to Information Act (Act 2 of 2000):

 

(a) management accounts;

(b) financial accounts of a private company;

(c) actual and individual sales prices;

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

(e) actual sales volumes;

(f) individual sales prices;

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

(h) information that would be of significant competitive advantage to a competitor;

 

Provided that a party submitting such information indicates it to be confidential.”

 

ADDRESS

 

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

 

 

PROCEDURES AND TIME LIMITS

 

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

 

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

 

The information submitted by any party may need to be verified by the Investigating Officers to enable the Commission to take such information into consideration. The Commission may verify the information at the premises of the party submitting the information, within a short period after the submission of the information to the Commission.

 

Parties should therefore ensure that the information submitted will subsequently be available for verification. It is planned to do the verification of the information submitted by the exporters within three to five weeks subsequent to submission of the information. This period will only be extended if it is not feasible for the Commission to do it within this time period or upon good cause shown, and with the prior written consent of the Commission, which should be requested at the time of the submission. It should be noted that unavailability of, or inconvenience to consultants will not be considered as good cause.

 

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

 

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

 

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

 

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

 

Should you have any queries, please do not hesitate to contact the following investigating

Officers: Dr. Regina Peta at RPeta@itac.org.za and Ms. Mosa Sebe at

MSebe@itac.org.za.

 

 

LINK TO FULL NOTICE

 

International Trade Administration Act: Initiation of investigation into alleged dumping of Flat-Rolled Products of Iron or Non-Alloy Steel

G 53872 GeN 3694

17 December 2025

 

53872gen3694.pdf

 

 

ACTION

 

1. Respond to ITAC Questionnaires

  • Importers, exporters, and other interested parties must complete and submit the official questionnaire provided by the International Trade Administration Commission (ITAC).
  • Ensure all requested information is accurate, detailed, and in the specified format.

 

2. Submit Representations

  • Provide written arguments or evidence regarding:
    • The allegation of dumping.
    • Material injury or lack thereof.
    • Any causal link between imports and injury to the local industry.

 

3. Provide Confidential and Non-Confidential Versions

  • If submitting confidential information:
    • Prepare a non-confidential summary that allows reasonable understanding of the substance.
    • Clearly indicate omitted sections and reasons for confidentiality.
    • If summarizing is impossible, provide a sworn affidavit explaining why.

 

4. Meet Deadlines

  • Submit responses within 30 days from the date of the notice or receipt of the questionnaire.
  • Requests for extensions (maximum 14 days) must be properly motivated and submitted before the original deadline.

 

5. Prepare for Verification

  • Ensure all submitted information is available for verification by ITAC investigators.
  • Arrange for consultants or staff to be available during verification visits.

 

6. Engage Early

  • Contact ITAC to confirm whether you are listed as an interested party and have received all relevant documentation.
  • Request copies if not received.

 

7. Consider Oral Hearings

  • Interested parties may request an oral hearing, providing reasons and a detailed agenda with supporting documents.

 

 

 

LAW AND TYPE OF NOTICE

 

International Trade Administration Act:

 

Customs Tariff Applications: List 07/2025: Correction

 

G 53872 GeN 3696

 

17 December 2025

 

 

APPLIES TO: 

 

  Steel Manufacturers and Producers

  • Companies producing flat-rolled steel, coated steel, and other steel products locally.

 

  Importers of Steel Products

  • Businesses importing steel products classified under Chapters 72 (iron and steel), 73 (articles of iron or steel), 82 (tools, implements), and 83 (miscellaneous articles of base metal).

 

  Exporters to South Africa

  • Foreign companies exporting steel products to South Africa, especially those in countries under review.

 

  Distributors and Traders

  • Firms involved in the distribution and resale of imported steel products within South Africa.

 

  Industry Associations

  • Associations representing steel producers, importers, and downstream users of steel products.

 

  Downstream Industries

  • Construction, automotive, engineering, and manufacturing companies that rely on steel products as raw materials.
 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

 

NOTICE 3696 OF 2025

 

INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA

 

CORRECTION NOTICE ON LIST 07 OF 2025 AND THE REVIEW OF THE TARIFF STRUCTURE AND INVESTIGATION INTO THE POSSIBLE INTRODUCTION OF AN IMPORT SURVEILLANCE SYSTEM FOR STEEL PRODUCTS CLASSIFIABLE UNDER CHAPTERS 72, 73, 82, AND 83 OF THE CUSTOMS AND EXCISE ACT

 

This notice serves to correct List 07 of 2025, and Table 1 referenced in Notice No. 3638 of 2025, published in Government Gazette No. 53708 on 21 November 2025. The table erroneously included two (2) HS codes that do not fall within the scope of the current investigation. In addition, List 07 of 2025 was a duplication of a previously published list. The correct list to reference is List 09 of 2025.

 

The correct Table 1 is attached hereunder.

 

Representations should be made within two (2) weeks of the date of this correction notice.

 

Enquiries: ITAC Ref: 20/2024. Ms Rethabile Molala/ Ms Nonqubeko Sikhakhana/Ms Princess Matsepane. Tel: 012 394 5162/3835/3699 or email rmolala@itac.org.za/nsikhakhana@itac.org.za/pmatsepane@itac.org.za.

 

 

LINK TO FULL NOTICE

 

International Trade Administration Act: Customs Tariff Applications: List 07/2025: Correction

G 53872 GeN 3696

17 December 2025

 

53872gen3696.pdf

 

 

 

LAW AND TYPE OF NOTICE

 

International Trade Administration Act:

 

Sunset review of anti-dumping duties on ropes and cables

 

G 53872 GeN 3695

 

17 December 2025

 

 

APPLIES TO: 

 

1. Domestic Producers in SACU

  • Specifically, Haggie Steel Wire Ropes Proprietary Limited, which is the only producer of the subject product in the Southern African Customs Union (SACU).
  • Other local manufacturers of similar products may also be indirectly impacted by changes in duties.

 

2. Importers and Distributors

  • Companies that import ropes and cables from Germany and the UK into South Africa or other SACU countries.
  • Distributors and wholesalers who rely on these imports for resale.

 

3. Foreign Exporters

  • Producers and exporters in Germany and the UK who supply steel wire ropes to SACU markets.

 

4. Industry Associations

  • Representative associations for manufacturers, importers, and exporters of steel wire ropes.

 

5. End-User Industries

  • Sectors that use heavy-duty ropes and cables, such as:
    • Mining
    • Construction
    • Shipping and logistics
    • Industrial lifting and rigging
 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

 

NOTICE 3695 OF 2025

 

INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA

 

SUNSET REVIEW OF THE ANTI-DUMPING DUTIES ON ROPES AND CABLES (ALSO KNOWN AS ROPES AND CABLES OF STEEL OR WIRE ROPES) OF A DIAMETER THAT IS EXCEEDING 32MM CLASSIFIED UNDER TARIFF SUBHEADINGS 7312.10.24, 7312.10.30 and 7312.10.90 ORIGINATING IN OR IMPORTED FROM FEDERAL REPUBLIC OF GERMANY (“GERMANY”) AND THE UNITED KINGDOM (“UK”)

 

In accordance with the provisions of Regulation 53 of the Anti-Dumping Regulations and Article 11.3 of the World Trade Organisation Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition, unless the authorities determine, in a review initiated before that date, on their own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to that date, that the expiry of the duties would likely lead to the continuation or recurrence of dumping and injury.

 

On 7 June 2024, the International Trade Administration Commission of South Africa (the Commission) notified interested parties through Notice No. 2550 of 2024 in Government Gazette No. 50772, that unless a substantiated request is made indicating that the expiry of the anti-dumping duties against imports of ropes and cables of a diameter exceeding 32 mm originating in or imported from Germany and the UK would likely lead to the continuation or recurrence of dumping and injury, the anti-dumping duties on ropes and cables of a diameter exceeding 32 mm originating in or imported from Germany and the UK will expire on 23 December 2025.

 

THE APPLICANT

 

The application was lodged by Haggie Steel Wire Ropes Proprietary Limited (“the Applicant”), being the only producer of the subject product in the Southern African Customs Union (“SACU”) thus the application can be regarded as “made by or on behalf” of the SACU Industry.

 

The Applicant alleges that the expiry of the anti-dumping duties would likely lead to the recurrence of dumping and the continuation or recurrence of material injury. The Applicant submitted sufficient evidence and established a prima facie case to enable the Commission to arrive at a reasonable conclusion that a sunset review investigation of the anti-dumping duties on ropes and cables originating in or imported from Germany and the UK, should be initiated.

 

THE PRODUCT

 

The anti-dumping duties subject to this sunset review is applicable to on ropes and cables originating in or imported from Germany and the UK, classifiable under tariff subheadings 7312.10.24, 7312.10.30 and 7312.10.90.

 

THE ALLEGATION OF THE LIKELIHOOD OF RECURRENCE OF DUMPING

 

The allegation of the likelihood of the recurrence of dumping is based on the comparison between the normal values and the export prices should the anti-dumping duties expire.

 

Germany

 

Normal value

 

In calculating the normal values for Germany, the Applicant relied on third-country sales from Germany to India, which meets the requirement for choosing a suitable third-country market.

 

During the investigation period for dumping, from (1 May 2024 to 30 April 2025), export data from TradeMap was used to determine the normal value for steel wire ropes exported from Germany to India.

 

Adjustment

 

An adjustment for transport cost between the factory and the port was made to arrive at the ex-factory normal value.

 

Export price

 

In calculating the export price, the Applicant stated that the official South African Revenue Service (“SARS”) import statistics are unreliable due to significant tariff subheading mismatches between the SACU tariff classification system and the scope of the antidumping duties. In calculating the export prices for Germany, the Commission decided to use export statistics from TradeMap for the applicable EU tariff subheading, which accurately reflect more of the subject product scope. TradeMap provides trade data based on official customs statistics from exporting countries.

 

During the investigation period for dumping (from 01 May 2024 to 30 April 2025), Germany exported steel wire ropes to South Africa.

 

Adjustment

 

An adjustment for transport cost between the factory and the port was made to arrive at the ex-factory export price.

 

Dumping margins

 

The following average dumping margin for Germany was calculated:

 

On this basis, the Commission found that there was prima facie proof of the likelihood of recurrence of dumping.

 

The UK

 

Normal value

 

In calculating the normal values for the UK, the Applicant relied on third-country sales from the UK to India, which meets the requirement for choosing a suitable third-country market.

 

During the investigation period for dumping, from (1 May 2024 to 30 April 2025), export data from TradeMap was used to determine the normal value for steel wire ropes exported from the UK to India.

 

Adjustment

 

An adjustment for transport cost between the factory and the port was made to arrive at the ex-factory normal value.

 

Export price

 

In calculating the export price, the Applicant stated that the official SARS import statistics are unreliable due to significant tariff subheading mismatches between the SACU tariff classification system and the scope of the anti-dumping duties. In calculating the export prices for the UK, the Commission decided to use export statistics from TradeMap for the applicable European Union (“EU”) tariff subheading, which accurately reflect more of the subject product scope. TradeMap provides trade data based on official customs statistics from exporting countries.

 

During the investigation period for dumping from (1 May 2024 to 30 April 2025), the UK exported steel wire ropes to South Africa.

 

Adjustment

 

An adjustment for transport cost between the factory and the port was made to arrive at the ex-factory export price.

 

Dumping margins

 

The following dumping margin for the UK was calculated:

 

On this basis, the Commission found that there was prima facie proof of the likelihood of recurrence of dumping.

 

THE ALLEGATION OF THE LIKELIHOOD OF CONTINUATION OR RECURRENCE OF MATERIAL INJURY

 

The Applicant alleged and submitted sufficient evidence to show that the expiry of the anti-dumping duties on the subject products originating in or imported from Germany and the UK would likely lead to the recurrence of material injury to the SACU industry. On this basis, the Commission found that there was prima facie proof of the likelihood of the recurrence of material injury if the duties expire.

 

PERIOD OF INVESTIGATION

 

The investigation period for determination of the likelihood of the recurrence of dumping is the period 1 May 2024 – 30 April 2025. The investigation period for determination of the likelihood of the recurrence of material injury is from 1 May 2022 to 30 April 2025 and estimates for 1 May 2025 – 30 April 2026 in the event the anti-dumping duties expire.

 

PROCEDURAL FRAMEWORK

 

Having decided that there is sufficient evidence and a prima facie case to justify the initiation of an investigation, the Commission has begun an investigation in terms of section 16 of the International Trade Administration Act, 2002 (“the ITA Act”). The Commission will conduct its investigation in accordance with the relevant sections of the ITA Act, the World Trade Organisation Agreement on Implementation of Article VI of the GATT 1994 (“the Anti-Dumping Agreement”) and the Anti-Dumping Regulations of the International Trade Administration Commission of South Africa (“ADR”). Both the ITA Act and the ADR are available on the Commission’s website (www.itac.org.za) or from the Trade Remedies section, on request.

 

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

 

CONFIDENTIAL INFORMATION

 

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

 

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

·       reasons for such confidentiality;

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

·       in exceptional cases, where information is not susceptible to summary, reasons must be submitted to this effect.

 

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

 

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

 

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

 

Section 2.3 of the ADR provides as follows:

 

“The following list indicates “information that is by nature confidential” as per section 33(1)(a) of the Main Act, read with section 36 of the Promotion of Access to Information Act (Act 2 of 2000):

(a) management accounts;

(b) financial accounts of a private company;

 

(c) actual and individual sales prices;

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

(e) actual sales volumes;

(f) individual sales prices;

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

(h) information that would be of significant competitive advantage to a competitor;

 

Provided that a party submitting such information indicates it to be confidential

 

ADDRESS

 

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

 

PROCEDURES AND TIME LIMITS

 

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

 

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

 

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

 

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

 

Parties, who experience difficulty in furnishing the information required, or submitting information in the format required, are urged to make written applications to the Commission at an early stage for permission to deviate from the questionnaire or provide the information in an alternative format that can satisfy the Commission’s requirements.

 

The Commission will give due consideration to such a request on good cause shown.

 

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

 

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

 

Should you have any queries, please do not hesitate to contact Mr Emmanuel Manamela at email address emanamela@itac.org.za and Ms. Charity Mudzwiri at cramaposa@itac.org.za .

 

 

LINK TO FULL NOTICE

 

International Trade Administration Act: Sunset review of anti-dumping duties on ropes and cables

G 53872 GeN 3695

17 December 2025

 

53872gen3695.pdf

 

ELECTRONIC COMMUNICATIONS

 

 

LAW AND TYPE OF NOTICE

 

Electronic Communications Act:

 

International Mobile Telecommunications (IMT) Roadmap: Comments invited

 

G 53883 GeN 3712

 

– Comment by 16 Feb 2026

 

18 December 2025

 

 

APPLIES TO: 

 

1. Licensed Electronic Communications Operators

  • Mobile Network Operators (MNOs) such as Vodacom, MTN, Cell C, Telkom, and Rain, because the roadmap addresses spectrum allocations for IMT (including 4G, 5G, and future 6G).
  • Fixed Wireless Access (FWA) providers operating in bands like 3.6–3.8 GHz and 4.8–4.99 GHz, which may need to migrate.

 

2. Satellite Service Providers

  • Organizations using Fixed Satellite Services (FSS) and Very Small Aperture Terminals (VSAT) in bands that are being considered for IMT (e.g., 3.6–4.2 GHz, 6 GHz, and mmWave bands).
  • Providers of Mobile-Satellite Services (MSS), especially those operating in L-band and Ka-band frequencies.

 

3. Broadcasting and Media Companies

  • Entities using spectrum in the 470–694 MHz range for broadcasting, as IMT allocations may impact migration plans.
  • Programme Making and Special Events (PMSE) users (e.g., wireless microphones) in bands like 1880–1900 MHz and 823–832 MHz.

 

4. Rail and Transport Organizations

  • Railway operators (e.g., PRASA) because parts of the 1900–1910 MHz band are being considered for railway mobile radio systems (FRMCS).

 

5. IoT and Machine-to-Machine (M2M) Service Providers

  • Companies deploying IoT solutions that rely on mobile networks, as spectrum changes will affect connectivity options.

 

6. Equipment Manufacturers and Vendors

  • Vendors of mobile devices, network infrastructure, and IoT equipment, since spectrum harmonization impacts device compatibility and ecosystem readiness.

 

7. Government and Public Safety Agencies

  • Agencies using spectrum for Public Protection and Disaster Relief (PPDR) and other critical services, as migration plans may affect their allocations.

 

8. Wi-Fi and RLAN Industry

  • Organizations relying on 6 GHz bands for Wi-Fi 6E/7 deployments, as these bands are under consideration for IMT and shared use.

 

 

SUMMARY

 

Purpose

The roadmap sets out ICASA’s medium- to long-term plan (5–10 years) for managing and assigning radio frequency spectrum for IMT technologies (4G, 5G, and future 6G) in South Africa. It updates and replaces the previous IMT Roadmaps (2014 and 2019).

 

Key Objectives

  • Ensure universal mobile broadband access and meet SA Connect policy targets.
  • Align South Africa’s spectrum planning with international standards (ITU, ATU, CRASA).
  • Promote efficient spectrum use, investment, and innovation in the ICT sector.

 

Main Highlights

 

1.     Spectrum Bands Identified for IMT

o   Low bands: 450 MHz, 700 MHz, 800 MHz, 900 MHz.

o   Mid bands: 1500 MHz, 1800 MHz, 1900 MHz, 2100 MHz, 2300 MHz, 2600 MHz, 3300–3800 MHz, 4800–4990 MHz, 6425–7125 MHz.

o   High bands (mmWave): 24.25–27.5 GHz, 37–43.5 GHz, 45.5–47 GHz, 47.2–48.2 GHz, 66–71 GHz.

 

2.     Current Status

o   1,155 MHz already identified for IMT; 794 MHz assigned.

o   Additional 1,145 MHz under feasibility studies for future IMT use.

 

3.     Forecasted Demand

o   Spectrum needs could range from 3,000 MHz to 14,000 MHz over the next decade, driven by mobile broadband and IoT growth.

 

4.     Migration & Feasibility Studies

o   Complex migrations for existing licensees in certain bands.

o   Feasibility studies for bands like 1880–1920 MHz, 3600–3800 MHz, 4800–4990 MHz, 6425–7125 MHz, and mmWave bands.

 

5.     Technical Considerations

o   Harmonization with global standards.

o   Flexible spectrum use (TDD preferred).

o   Adoption of Total Radiated Power (TRP) for active antenna systems.

 

6.     Universal Service & QoS

o   Address rural coverage gaps.

o   Introduce coverage obligations and explore High Altitude Platform Systems (HIBS).

o   Monitor broadband speeds and quality of service.

 

Implementation Timeline

  • 2025–2026: Draft RFSAPs for key bands.
  • 2026–2027: Finalize RFSAPs.
  • 2027–2028: Begin IMT system implementation.
  • 2028 onward: Full deployment of IMT systems.

 

 

FULL TEXT

 

 

DETAILS

 

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA

 

NOTICE 3712 OF 2025

 

 ELECTRONIC COMMUNICATIONS ACT, 2005 (ACT NO. 36 OF 2005) HEREBY ISSUES A NOTICE REGARDING THE SECOND DRAFT INTERNATIONAL MOBILE TELECOMMUNICATIONS ROADMAP.

 

1. The Independent Communications Authority of South Africa (“the Authority”), on 28 March 2024, published the Draft International Mobile Telecommunications (IMT) Roadmap, in Government Gazette No. 50413 (Notice 4584 of 2024) inviting Written Representations.

 

2. On 13 September 2024, in Government Gazette 51244 (Notice 5209 of 2024) the Authority published a “Notice Communicating the Outcome of the Consultation Process of the Draft IMT Roadmap 2025.

 

3. Now therefore, the Authority publishes the Second Draft International Mobile Telecommunications (IMT) Roadmap 2025, in terms of section 4(3)(c) of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000), read with sections 2(e), 30, 31(4), and 33 of the Electronic Communications Act (Act No 36 of 2005).

 

4. Interested persons are hereby invited to submit written representations on the Second Draft IMT Roadmap 2025 in both Microsoft Word (MS) and Portable Document Format (PDF) by no later than 16:00 on 16 February 2026.

 

5. Persons making representations are further invited to indicate whether they require an opportunity to make oral representations.

 

6. Written representations or enquiries may be directed by email to:

 

Attention:

Mr Manyaapelo Richard Makgotlho

e-mail: rmakgotlho@icasa.org.za

Copy: jdikgale@icasa.org.za

 

7. Where persons making representations require that their representation, or part thereof, be treated as confidential, then an application in terms of section 4D of the ICASA Act, 2000 (Act No 13 of 2000) must be lodged with the Authority. Such an application must be submitted simultaneously with the representation, together with a non-confidential, redacted version of the submission. If, however, the request for confidentiality is not granted, the person making the request will be allowed to withdraw the representation or document in question.

 

8. The guidelines for confidentiality requests are contained in Government Gazette Number No 41839 of 17 August 2018.

 

9. All written representations submitted to the Authority pursuant to this notice will be made available for inspection by interested persons from 19 February 2026 at the Authority’s Library. Electronic copies of such representations are obtainable on request and printed versions will be obtainable on payment of a fee.

 

10. The Second Draft IMT Roadmap 2025 and the non-confidential representations will be uploaded to the ICASA website under this link: https://www.icasa.org.za/legislation-and-regulations/radiofrequency-spectrum-plans/draft-radio-frequency-spectrum-plans.

_______________________

MOTHIBI RAMUSI

CHAIRPERSON

 

Table of Contents

 

1 About this document

2 Executive Summary

 

3 South African policy and regulatory framework

3.1 The Independent Communication Authority of South Africa Act, 2000 (Act No. 13 of 2000)

3.2 The Electronic Communications Act, 2005 (Act No. 36 of 2005)

3.3 Ministerial policies

3.4 The National Radio Frequency Plan

3.5 Radio Frequency Migration Regulations and Radio Frequency Migration Plans

3.6 Radio Frequency Spectrum Assignment Plans

 

4 International context

 

4.1 Capabilities of IMT

Overview

IMT-2000 and IMT-Advanced

IMT-2020

IMT-2030

 

4.2 Radio frequencies for IMT identified by the ITU

4.3 African Telecommunications Union

4.4 Communications Regulators’ Association of Southern Africa (CRASA

 

5 Technical and deployment matters –

5.1 Harmonisation

5.2 Coordination / coexistence

5.3 High altitude platform system as IMT base station (HIBS)

 

5.4 Flexible spectrum utilisation

Network synchronisation

Interference suppression

 

5.5 Guard bands

5.6 Total radiated power

5.7 Spectrum refarming

 

6 IMT in South Africa

6.1 The rationale for alignment of IMT in South Africa with international standards

6.2 Mobile allocations identified for IMT and assignments

 

7 Forecasts of demand for IMT

7.1 ITU forecasts of IMT demand

7.2 Forecasts of overall IMT demand

7.3 IMT Demand in South Africa

 

8 Process for the development of feasibility studies

8.1 Overall process

8.2 Co-ordination and interference self-management by licensees

8.3 Cost-benefit analysis

8.4 Perspective of end-users

8.5 Prioritisation of impact items

8.6 Processes and governance

8.7 Project management of the migration

 

9 Initial benchmarks for feasibility studies for IMT in the frequency bands identified for IMT

 

9.1 1 710-2 200 MHz

Updating arrangements for 1710 – 1880 MHz, and 1920 – 2170 MHz

1880 – 1920 MHz

 

9.2 3600 – 3800 MHz

9.3 4800 – 4990 MHz

9.4 6425-7125 MHz

9.5 24.25 – 27.5 GHz

9.6 37-43.5 GHz

9.7 45.5-47 GHz

9.8 47.2-48.2 GHz

9.9 66-71 GHz (E-Band)

 

10 Obligations for licensees

10.1 Broadband and universal service context in South Africa

10.2 Universal service obligations for IMT

10.3 Quality of service

 

11 Implementation timelines

 

12 Appendix A: Glossary of Terms, Abbreviations and Acronyms

 

13 Appendix B: Explanatory note to frequency bands identified for imt

 

14 Appendix C: NRFP extracts bands IMT bands

14.1 450 MHz

14.2 700 MHz, 750MHz

14.3 800 MHz

14.4 900 MHz

14.5 1500 MHz

14.6 1800 MHz, 1900MHz, 2100MHz

14.7 2300 MHz

14.8 2600 MHz

14.9 3300 MHz

14.10 3400-3600MHz

14.11 3600-3800MHz

14.12 4.9 GHz

14.13 6 GHz

14.14 26 GHz (24.25-27.5GHz)

14.15 40 GHz (37-43.5GHz)

14.16 46GHz (45.5-47GHz)

14.17 48 GHz (47.2-48.2GHz)

14.18 66-71 GHz (E-Band)

 

 

LINK TO FULL NOTICE

 

Electronic Communications Act: International Mobile Telecommunications (IMT) Roadmap: Comments invited

G 53883 GeN 3712

– Comment by 16 Feb 2026

18 December 2025

 

53883gen3712.pdf

 

 

ACTION

 

Ensure that you submit your comments before 16 February 2026.

 

 

LAW AND TYPE OF NOTICE

 

Electronic Communications Act:

 

Policy Direction to the Independent Communications Authority of South Africa on Broad-Based Black Economic Empowerment

 

G 53855 GeN 3692

 

12 December 2025

 

 

APPLIES TO: 

 

1. Regulatory Bodies

 

  • ICASA (Independent Communications Authority of South Africa)

Must amend its Ownership Regulations to align with the ICT Sector Code and enforce compliance.

 

2. Licensed Entities in the ICT Sector

 

  • Telecommunications Operators

Including mobile network operators, ISPs, and satellite service providers.

 

  • Broadband Infrastructure Providers

Companies deploying fiber, wireless, and satellite networks.

 

  • Broadcasting Service Licensees

Entities holding broadcasting and electronic communications service licenses.

 

3. Multinational Corporations Operating in South Africa

 

  • Companies seeking to enter or expand in the ICT sector must comply with B-BBEE requirements or participate in Equity Equivalent Investment Programmes (EEIPs).

 

4. Local ICT Companies

 

  • Measured Entities under the ICT Sector Code

Required to meet B-BBEE targets for ownership, management control, skills development, enterprise and supplier development, and socio-economic development.

 

5. Industry Associations and Professional Bodies

 

  • Organizations representing ICT stakeholders that will need to guide members on compliance and transformation strategies.

 

6. Verification and Compliance Service Providers

 

  • B-BBEE Verification Agencies

Responsible for certifying compliance with the ICT Sector Code.

 

7. Government Departments

 

  • Department of Trade, Industry and Competition (DTIC)

Oversees EEIP approvals and monitoring.

 

  • Department of Communications and Digital Technologies (DCDT)

Sets policy and monitors implementation.

 

8. Investors and Financial Institutions

  • Entities funding ICT projects must ensure compliance with B-BBEE requirements for their investments.
 

SUMMARY

 

Purpose

 

The policy direction aims to align ICASA’s Ownership Regulations with the Amended ICT Sector Code under the B-BBEE Act. It seeks to promote transformation, inclusivity, and investment in South Africa’s ICT sector while bridging the digital divide.

 

Key Issues Addressed

 

  • Current ICASA Ownership Regulations deviate from the ICT Sector Code, creating misalignment with national law and policy.
  • Lack of recognition for Equity Equivalent Investment Programmes (EEIPs), which allow multinationals to contribute to empowerment without direct ownership.
  • Need for regulatory parity and clarity to encourage investment and compliance.

 

Objectives

 

  • Accelerate universal access to high-speed internet, especially in rural and underserved areas.
  • Promote economic empowerment and digital inclusion.
  • Support South Africa’s competitiveness in the global digital economy.
  • Ensure compliance with B-BBEE principles across the ICT sector.

 

Policy Directives to ICASA

 

1.     Align Ownership Regulations with the ICT Sector Code.

2.     Ensure parity among licensees and apply empowerment requirements consistently.

3.     Promote broadband rollout to bridge the digital divide.

4.     Preserve digital sovereignty by enforcing data protection and security policies.

 

Impact

 

  • Applies to all ICT licensees (telecom operators, ISPs, broadcasters).
  • Affects multinational companies entering the South African market.
  • Requires measured entities to comply with B-BBEE targets or participate in EEIPs.
  • Involves government departments, industry associations, and verification agencies.

 

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

 

NOTICE 3692 OF 2025

 

DEPARTMENT OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES ELECTRONIC COMMUNICATIONS ACT, 2005 (ACT NO. 36 OF 2005)

 

POLICY DIRECTION TO THE INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA ON BROAD-BASED BLACK ECONOMIC EMPOWERMENT

 

I, Mr Solly Malatsi, Minister of Telecommunications and Digital Technologies, hereby issue the Policy Direction in the Schedule to the Independent Communications Authority of South Africa in terms of section 3(2) of the Electronic Communications Act, 2005 (Act No. 36 of 2005).

________________________________

Mr Solly Malatsi, MP

Minister of Communications and Digital Technologies

DATE: 11 December 2025

 

EXPLANATORY NOTE AND FINAL POLICY DIRECTION ON THE APPLICATION OF THE ICT SECTOR CODE

 

1. Background

 

1.1. There is a large body of national and sectoral policies relating to infrastructure development and specifically to deploying broadband networks and ensuring access to accessible, available and affordable high-speed internet services by all of South Africa’s citizens. A list of some of these policies is attached to this Schedule.

 

1.2. The Minister of Communications and Digital Technologies (“the Minister”) is concerned that there are impediments to both national and international investments in the sector that have been occasioned by, among other reasons, inconsistent requirements applicable to the ownership persons who hold radio frequency spectrum and service licences under the Act. It is accepted by Government that it cannot, on its own, achieve national goals for connectivity and that participation by the private sector is vital.

 

1.3. To this end, the Minister has consulted widely with a view to enabling investments in the sector by companies that have given undertakings that are acceptable to the Department of Trade, Industry and Competition (“the DTIC”) in terms of its Equity Equivalent Investment Programme (“EEIP”).

 

1.4. The draft policy directive was published in the Government Gazette on 23 May 2025 for public comment. Following the consideration of the public submissions, the Minister has decided to issue this policy direction.

 

2. The ICT Sector Code

 

2.1. The DTIC approved the ICT Sector Code in 20161 (“the Code”). The Code was approved in terms of the Broad-Based Black Economic Empowerment Act, 2003 (“BBBEE Act”) as a way of measuring the contribution of a Measured Entity to the goals of the BBBEE Act.

 

A Measured Entity in the ICT Sector may only, as a matter of law, be measured for

 

1 Broad-Based Black Economic Empowerment Act (53/2003) as amended by B-BBEE Act (46/2013) » Codes of good practice on broad based black economic empowerment (bbbeecommission.co.za) and South Africa Government Gazette dated 2015-05-06 number 38766 – Law Library compliance with the requirement of broad-based black economic empowerment in accordance with the Code.2

 

2.2. The fundamental principle for measuring B-BBEE compliance is that substance takes precedence over legal form. In interpreting the provisions of the Codes any reasonable interpretation consistent with the objectives of the B-BBEE Act as amended and the BBBEE Strategy must take precedence.

 

2.3. The introduction to the Code provides that “…we, the ICT Sector stakeholders, resolve and commit to:

 

• The objectives of the B-BBEE Act as amended

• Promote the effective implementation of B-BBEE in the ICT sector;

• Bridge the “digital divide” by actively promoting access to ICTs;

• Stimulate and support growth in the ICT sector;

• Advance economic and social transformation in the ICT sector;

• Contribute towards the reduction of unemployment and poverty alleviation;

• Support skills development and training initiatives;

• Foster equity and address the legitimate economic aspiration of all South Africans;

• Provide an enabling environment conducive to transparency, fairness, and consistency when adjudicating on matters related to B-BBEE in the ICT sector; and

• Comply with the requirements of the ICT Sector Code as defined hereunder and where possible meet and exceed targets across the sector.”

 

2.4. ICASA, the sector regulatory authority, and other sector stakeholders participated in the development of the Code which process took several years to complete.

2.5. Numerous sector codes issued under the B-BBEE Act recognise ownership through deeming provisions (subject to specific requirements), including equity equivalent investment programmes.

 

2 B-BBEE Act (46/2013), section 10(3).

 

3. Ownership under the ECA and the ICASA Act

 

3.1. Section 4(1)(a) of the Independent Communications Authority of South Africa Act, 2000 (“ICASA Act”) provides that ICASA must exercise the powers and perform the duties conferred and imposed upon it by this Act, the underlying statutes and other applicable law. The BBBEE Act is such a law. Specifically:

 

(a) section 10(1) of the BBBEE Act states that “[e]very of state and public entity must apply any relevant code of good practice issued in terms of this Act in… (a) determining qualification criteria for the issuing of licences, concessions or other authorisations in respect of economic activity in terms of any law…; and

(a) section 10(3) of the BBBEE Act states that “subject to section 9(6) [of the BBBEE Act], an enterprise in a sector in respect of which the Minister has issued a sector code of good practice in terms of section 9, may only be measured for compliance with the requirements of broad-based black economic empowerment in accordance with that code.”

 

3.2. Section 9(2)(b) of the Electronic Communications Act, 2005 (“ECA”) provides that in relation to an application for a new licence (and in terms of later sections, the amendment, renewal and transfer of a licence)3, ICASA “must…include the percentage of equity ownership to be held by persons from historically disadvantaged groups, which must not be less than 30%, or such other conditions or higher percentage as may be prescribed under section 4(3)(k) of the ICASA Act”. “Prescribed” is defined in the ECA as “prescribed by regulation made by the Authority in terms of this Act or the related legislation” (and “related legislation” includes the ICASA Act). Effectively the section has 3 parts:

 

3.2.1. include, as a condition of a licence, that an applicant must have equity that is not less than 30% in the hands of HDI; or

3.2.2. apply other conditions under section 4(3)(k) of the ICASA Act; or

3.2.3. increase or change the percentage of equity from 30%.

 

3.3. The underlined portion was inserted by amendments made to the ECA in 2014. In the explanatory memorandum that accompanied the ECA Amendment Bill in 2013 (which led to the amendments in 2014), it is expressly stated that:

 

3 Sections 10, 11 and 13 of the Electronic Communications Act, 2005.

 

“The focus of the Act has been changed from the empowerment of ‘historically disadvantaged individuals’ to broad-based black economic empowerment. Therefore the required equity ownership by historically disadvantaged groups in section 9(2)(b) has been retained for the time being provided that broad-based black economic empowerment requirements prescribed by ICASA under section 4(3)(k) of the ICASA Act may replace it in due course”

 

3.4. Section 4(3)(k) of the ICASA Act provides that ICASA “may make regulations on empowerment requirements to promote broad-based economic empowerment”. “Broadbased economic empowerment” is defined in the ECA as “having the meaning ascribed to it in the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)”.

 

3.5. ICASA consulted on the treatment of ownership and control of individual licences for over a decade and sought the views of stakeholders in several consultation processes, replicating those views in their findings documents 4. Numerous stakeholders recommended aligning the position with the ICT Sector Code in terms of national legislation.

 

4. ICASA’s Regulations

 

4.1. On 14 February 2020, ICASA exercised its discretion in terms of section 9(2)(b) of the ECA to prescribe draft “Regulations on the Limitation of Control and Equity Ownership by Historically Disadvantaged Groups and the Application of the ICT Sector Code” in Gazette 43021, for public comment. The introduction to these draft Regulations stated under the heading “Purpose of the Regulations”:

 

4 The consultations were as follows:

 

1. Discussion Document on Ownership and Control November 2009. Gazette 32719 of 17 November 2009.

2. Findings Document on the Review of Ownership and Control of Commercial Services and Limitations on Broadcasting, Electronic Communications Services and Electronic Communication Network Services. Gazette 34601 of September 2011.

3. Discussion Document: Equity Ownership by Historically Disadvantaged Groups and the application of the ICT Sector Code in the ICT sector in terms of Section 4B of the ICASA Act 2000, as amended.

Gazette 40759 of 31 March 2017.

 

4. Findings Document and Position Paper on: Inquiry into Equity Ownership by Historically Disadvantaged Groups and the application of the ICT Sector Code in the ICT Sector, January 2019. Gazette 42234, 15 February 2019.

 

“The purpose of these Regulations is to promote equity ownership by HDGs and to promote B-BBEE. In achieving this, these regulations will –

a. Facilitate diversity and transformation in the ICT sector by prescribing the implementation of the Revised ICT Sector Code;

b. Prescribe the application of the HDG equity requirement; and

c. Provide the manner in which to verify compliance with HDGs and B-BBEE requirements”.

 

4.2. On 31 March 2021, ICASA again exercised its discretion in terms of section 9(2)(b) of the ECA to prescribe the final “Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDG) and the Application of the ICT Sector Code” (“the Ownership Regulations”).

 

4.3. By taking the step to prescribe the Ownership Regulations under the ICASA Act, ICASA chose to apply the second part of section 9(2)(b), namely “or such other conditions” since it stepped away from applying 30% HDI equity only (as set out in the first part of the section), and it did not increase the percentage ownership, being the third part of that section (see paragraph 3.2 above).

 

4.4. On 14 April 2022, ICASA published amendments to the Ownership Regulations5 to remove reference to different forms of ownership that are recognised by the Code by explicitly referring to only certain Code Statements as being recognised:

 

“B-BBEE Contributor Status Level” – means a B-BBEE status as referred to in paragraph 5.2 of Statement AICT000 of Code Series AICT 000 of the ICT Sector Code, as determined in terms of Statement AICT000 of Code Series AICT000, Statement AICT004, of Code Series AICT000, or Statement AICT600 of Code Series AICT600 of the ICT Sector Code, and as confirmed by a valid B-BBEE Verification Certificate, a sworn affidavit or a CIPC issued certificate, as may be applicable”.

 

4.5. In so doing, ICASA deliberately moved away from the DTIC’s approved ICT Sector Code,

deleting the following recognised statements in the Codes:

 

Gazette 46245 of 14 April 2022.

 

4.6. Deviation from the ICT Sector Code is not permissible in law, nor is it desirable as a matter of fact. This is because it excludes the possibility of an international entity investing in the South African economy only because its global business policies do not allow ownership by third parties even where the DTIC has recognized that the entity may qualify, on application, for approval of an EEIP.

 

4.7. Contributions using EEIPs are measured using the general principle set out in Code Series AICT400 and AICT500 against any of the following targets:

4.7.1. 30% of the value of the South African operations of the Applicant, determined using a Standard Valuation Method; or

4.7.2. 4% of Total Revenue from its South African operations annually over the period of continued measurement.6

 

4.8. The Ownership Regulations do not provide for the recognition of such a programme, nor do they recognise or permit the recognition of a number of other forms of broad-based black economic empowerment contemplated in the ICT Sector Code, such as procurement initiatives, participation in management, or skills development. The

 

6 Statement AICT103: The recognition of equity equivalents for applicants.

 

Ownership Regulations do not recognise other forms of ownership including the deeming provisions contained in Statement AICT100 including Statement AICT103 as explained above.

 

4.9. As a result, the Ownership Regulations are out of step with national law, the ICT Sector Code and national policy goals, and this misalignment must be addressed.

 

4.10. ICASA has, in other secondary instruments (regulating individual, class and radio frequency spectrum licences, among others), stated its intention to apply the Ownership Regulations despite their non-conformity, and without approval by the DTIC, alternatively to apply section 9(2)(b) of the ECA without regard for the possibility of imposing “other conditions”.

 

5. The outcome of the consultation

 

5.1. The Department of Communications and Digital Technologies received in excess of 19,000 submissions. On review, this number included approximately 4,000 duplicates or blank submissions, bringing the total number of actual substantive submissions at 15,000.

 

5.2. An overwhelming 90% of the submissions are in favour of the policy direction. For ease of reference, the submissions are grouped into 2 categories, those in favour and those opposed.

 

5.3. Common themes in submissions in favour of the policy direction highlight the following benefits:

 

5.3.1. Acceleration of universal access to high-speed internet, particularly in rural and underserved communities;

5.3.2. Economic empowerment through enhanced digital participation and new business opportunities;

 

5.3.3. Reinforcement of South Africa’s competitiveness in the global digital economy;

5.3.4. Alignment with the goals of inclusivity, education, and innovation; and

5.3.5. Recognizing its role in bridging the digital divide, advancing socio-economic development, and positioning South Africa as a digital leader on the African continent.

 

5.4. Opposing viewpoints provided feedback on implementation risks and equity considerations that can inform policy refinement, highlighting the following:

 

5.4.1. Concerns about possible dominance by large or foreign telecommunications operators.

Response: The Competition Commission is the competition regulator for all sectors in the Republic, and ICASA has power to investigate competition in the electronic communications sector. Furthermore, any foreign operator will be a new entrant to the sector and have no market share or subscriber base for a number of years.

 

5.4.2. Fear of undermining local empowerment and transformation objectives (in particular, BBBEE compliance).

Response: The sole purpose of the policy direction is to promote and support empowerment and transformation initiatives already in place in terms of the ICT Sector Code under the Broad-Based Black Economic Empowerment Act, 2003 which ICASA has not adopted in its Ownership Regulations.

 

5.4.3. Concerns that EEIPs have no impact at all and are just being used by multinationals to evade BBBEE compliance requirements.

 

Response: There is little evidence to support this claim. As the ICT Sector Code itself recognises EEIPs as contributing to BBBEE, this is not a legally sound argument.

 

5.4.4. The need for tighter safeguards to prevent regulatory loopholes or unfair competition.

Response: ICASA is the sector regulator. Its duty is to keep the market and sector participants’ behaviour under review at all times. As indicated above, both ICASA and the Competition Commission have a duty to regulate competition in the ICT sector and in South Africa, respectively, thus there are already provisions in place to address any loopholes or unfair competition.

 

5.4.5. The perception that the policy direction is intended to benefit Starlink at the expense of transformation. Response: As has been stated publicly numerous times, the policy direction will, if implemented by ICASA, apply to all licensees in the same way when the Ownership Regulations are amended as required.

 

5.4.6. Worries about data sovereignty and national security implications.

Response: South Africa’s Protection of Personal Information Act, 2013, has been in force for many years and the Information Regulator is empowered to take action in relation any data sovereignty concerns, as data sovereignty is addressed in this Act. National security is protected by numerous laws and law enforcement authorities. These will all be brought to bear on any issue that may affect national security.

 

5.4.7. The perception of a lack of consultation or transparency during policy development.

Response: The policy direction was published for public comment as is provided for in the Electronic Communications Act, 2005. The period for public comment was intended to accommodate as many stakeholders as possible who wanted to participate in the process. The consultation process is the same process adopted for all policy directions.

 

5.5. Those who support the policy direction suggested the application of the following conditions:

 

5.5.1. Transparency around the formulation and approvals of EEIPs.

Response: The Minister and the Department of Communications and Digital Technologies will liaise with the Minister and the Department of Trade, Industry and Competition to review the process of making application for and approving EEIPs, as well as monitoring and reporting on approved applications.

 

5.5.2. The need for a clear monitoring and reporting frameworks.

Response: See above.

 

5.5.3. The need for regulatory parity, meaning that regulatory compliance should nonetheless be required of all licensees.

Response: If ICASA amends its Ownership Regulations in terms of the policy direction, then they will apply as they currently do, to all licensees referenced in those Regulations and compliance with the Regulations will be mandatory as it is now.

 

6. Policy direction

 

Having regard to the need to promote numerous policy goals for the sector in relation to the availability, accessibility and affordability of communications services; taking account of the contribution to investment and competition that can be made by international entities; and considering the overriding provisions of the BBBEE Act, ICASA is directed in terms of section 3(2) of the Electronic Communications Act, 2005 (Act No. 36 of 2005) to–

 

6.1. urgently consider alignment of the Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDG) and the Application of the ICT Sector Code, with the Amended Broad-Based Black Economic Empowerment (BBBEE) ICT Sector Code; and

 

6.2. take account of government’s national economic inclusion policy goals and the scope of its own powers and duties under the ECA and ICASA Act in giving effect to these policy goals and, insofar as is possible:

6.2.1. ensure parity among licensees; and

6.2.2. promote the roll out of broadband to bridge the digital divide; and

6.2.3. ensure the preservation of South Africa’s digital sovereignty by encouraging adherence to South Africa’s data protection and data security policies.

 

 

LINK TO FULL NOTICE

 

Electronic Communications Act: Policy Direction to the Independent Communications Authority of South Africa on Broad-Based Black Economic Empowerment

G 53855 GeN 3692

12 December 2025

 

53855gen3692.pdf

 

 

ACTION

 

1. ICASA (Regulator)

  • Amend Ownership Regulations to align with the Amended ICT Sector Code.
  • Ensure regulations recognize Equity Equivalent Investment Programmes (EEIPs) for multinationals.
  • Implement monitoring and reporting frameworks for compliance.

 

2. Licensed ICT Companies (Telecoms, ISPs, Broadcasters)

  • Review current B-BBEE compliance status against the ICT Sector Code.
  • Update ownership structures or implement EPR and EEIP strategies where direct equity ownership is not feasible.
  • Prepare for stricter compliance checks and reporting requirements.

 

3. Multinational Corporations

  • Apply for EEIP approval through the Department of Trade, Industry and Competition (DTIC).
  • Develop and implement EEIP projects that meet Code requirements (skills development, enterprise support, socio-economic development).
  • Ensure transparency and maintain documentation for audits.

 

4. Industry Associations

  • Educate members on the revised compliance requirements.
  • Provide guidance and templates for EEIP applications and B-BBEE reporting.

 

5. B-BBEE Verification Agencies

  • Update verification processes to align with the ICT Sector Code.
  • Train staff on new compliance requirements and EEIP recognition.

 

6. Government Departments (DCDT & DTIC)

  • Streamline EEIP approval processes and publish clear guidelines.
  • Monitor implementation and publish annual compliance reports.

 

7. All Stakeholders

  • Develop internal compliance teams or appoint consultants.
  • Participate in awareness and training programs.
  • Integrate compliance into strategic planning and procurement policies.

 

 

ENVIRONMENTAL

 

 

LAW AND TYPE OF NOTICE

 

National Environmental Management: Waste Act:

 

National Waste Management Strategy 2026: Comments invited

 

G 53894 GoN 6972

 

– Comment by 17 Feb 2026

 

19 December 2025

 

 

APPLIES TO: 

 

1. Government Institutions

  • National Departments: Department of Forestry, Fisheries and the Environment (DFFE), Department of Cooperative Governance and Traditional Affairs (COGTA), Department of Health, Department of Trade, Industry and Competition, Department of Science and Innovation, Department of Public Works and Infrastructure.
  • Provincial Governments: Responsible for integrated waste management planning and oversight.
  • Municipalities: Mandated to provide waste collection and disposal services, implement Integrated Waste Management Plans (IWMPs), and enforce by-laws.

 

2. Private Sector

  • Producers and Brand Owners: Obligated under Extended Producer Responsibility (EPR) schemes for packaging, electronics, lighting, lubricant oils, pesticides, batteries, and new streams like Absorbent Hygiene Products (AHPs).
  • Industry Associations: Representing sectors such as packaging, construction, automotive, and chemicals.
  • Waste Management Companies: Including recyclers, landfill operators, and companies involved in beneficiation and waste-to-energy projects.
  • Small, Medium, and Micro Enterprises (SMMEs) and Co-operatives: Engaged in recycling, collection, and waste beneficiation.

 

3. Informal Sector

  • Waste Pickers and Reclaimers: Integration into formal systems and support through buy-back centres and recycling initiatives.

 

4. Civil Society and NGOs

  • Organizations involved in environmental awareness, anti-littering campaigns, and community clean-up initiatives.

 

5. Academia and Research Institutions

  • Universities and research bodies contributing to innovation, technical capacity building, and policy development in waste management and circular economy.

 

6. International and Regional Bodies

  • Entities linked to multilateral environmental agreements (e.g., Basel, Stockholm, Rotterdam Conventions) and global initiatives on plastics and circular economy.

 

7. Extended Stakeholders

  • Transport and Logistics Companies: For waste movement and compliance.
  • Financial Institutions and Donors: Supporting infrastructure development and innovation projects.
  • Media and Communication Agencies: For awareness campaigns.
 

SUMMARY

 

Purpose

 

The NWMS 2026 sets out South Africa’s policy and strategic interventions for waste management over the next five years. It aims to:

  • Align with the National Environmental Management: Waste Act (2008).
  • Support the National Development Plan (Vision 2030) and Sustainable Development Goals (SDGs).
  • Promote a circular economy and reduce reliance on landfills.

 

Key Objectives

 

  • Prevent waste generation and minimize its environmental impact.
  • Divert waste from landfills: 40% within 5 years, 50% within 10 years, and 60% within 15 years.
  • Ensure clean communities with well-managed, financially sustainable waste services.
  • Foster a culture of compliance and zero tolerance for pollution, littering, and illegal dumping.

 

Strategic Pillars

 

1.     Circular Economy and Waste Minimisation

o   Promote waste prevention through sustainable product design.

o   Increase reuse, recycling, and recovery.

o   Implement Extended Producer Responsibility (EPR) schemes.

o   Prioritize waste streams: organic waste, Absorbent Hygiene Products (AHPs), construction & demolition waste, coal ash, food waste, clothing & textiles, and automobiles.

 

2.     Effective and Sustainable Waste Services

o   Expand waste collection to rural and underserved areas.

o   Integrate informal waste pickers into formal systems.

o   Improve infrastructure (drop-off centres, buy-back centres, material recovery facilities).

o   Develop financially sustainable service models.

 

3.     Capacity Building and Awareness

o   Nationwide education campaigns on recycling and anti-littering.

o   Training for municipal officials and waste sector professionals.

o   Partnerships with schools, communities, and industry for awareness programs.

 

4.     Compliance Monitoring and Enforcement

o   Strengthen enforcement of waste legislation and by-laws.

o   Increase Environmental Management Inspectors (EMIs).

o   Ensure municipal landfill sites comply with licensing requirements.

o   Reduce illegal dumping and littering through stricter penalties and awareness.

 

Implementation Highlights

 

  • Integration of informal sector and SMMEs into waste value chains.
  • Development of waste-to-energy projects for residual waste.
  • Upgrading the South African Waste Information System (SAWIS) for better data reporting.
  • Collaboration across government, private sector, academia, and civil society.

 

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT

 

 

NO. 6972 19 December 2025

 

GOVERNMENT NOTICE

 

DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT NO. 2025

 

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (ACT NO. 59 OF 2008)

 

CONSULTATION ON THE DRAFT NATIONAL WASTE MANAGEMENT STRATEGY (NWMS) 2026

 

I, Willem Abraham Stephanus Aucamp, Minister of Forestry, Fisheries and the Environment, hereby in terms of sections 6, 72 and 73 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) publish the draft National Waste Management Strategy 2026 (draft NWMS 2026) for public comment, as set out in the Schedule hereto.

 

The draft NWMS 2026 provides government policy and strategic interventions for the waste sector and is aligned to the Sustainable Development Goals (SDGs) of Agenda 2030, adopted by all United Nations (UN) member states in January 2016. It is also responsive to South Africa’s National Development Plan (NDP): Vision 2030 which is our country’s specific response to, and integration of the SDGs into our overall socioeconomic development plans leading to zero waste in landfills; cleaner communities, well managed and financially stable waste services, and a culture of zero tolerance of pollution, litter and illegal dumping.

 

The draft NWMS 2026, has the following Strategic Pillars:

(a) Circular Economy and Waste Minimisation;

(b) Effective and Sustainable Waste Services;

(c) Capacity Building and Awareness; and

(d) Compliance Monitoring and Enforcement.

 

The draft NWMS 2026 has prioritised, in addition to the existing prioritised waste streams, the following waste streams:

(a) Absorbent Hygiene Products (AHPs);

(b) Organic waste;

(c) Clothing and Textiles;

(d) Automobiles;

(e) Coal ash;

(f) Construction and Demolition waste; and

(g) Food waste.

 

Members of the public are invited to submit written input and comments to this Notice within 60 days from the date of publication in the Government Gazette or newspapers, whichever date occurs last, to the following addresses:

 

By post to: The Director-General: Forestry, Fisheries and the Environment

Attention: Mr Thabo Magomola

Director: Chemicals and Waste Policy, Monitoring and Evaluation

Private Bag X447

PRETORIA

0001

 

By hand at: Ground Floor (Reception), Environment House, 473 Steve Biko Road, Arcadia,

Pretoria, 0001.

By email: TMagomola@dffe.gov.za / MNevuvha@dffe.gov.za

 

Should the 60-day written comment period overlap with the period from 15 December 2025 to 5 January 2026, this period will be excluded from the reckoning of days.

 

Any enquiries in connection with this Notice can be directed to Mr Thabo Magomola or Mr. Kgauta Mokoena on 012 399 9828 or 012 399 9825 or E-mails: TMagomola@dffe.gov.za or KMokoena@dffe.gov.za The Government Notice can be accessed at http://sawic.environment.gov.za/ under “Draft documents for comment”

 

Comments received after the closing date may be disregarded.

 

The Department of Forestry, Fisheries and the Environment comply with the Protection of Personal Information Act, 2013 (Act No. 4 of 2013). Comments received and responses thereto may be collated into a comments and response report which will be made available to the public as part of the consultation process. If a commenting party has any objection to his or her name, or the name of the represented company/ organisation, being made publicly available in the comments and responses report, such objection should be highlighted in bold as part of the comments submitted in response to this Government Notice.

 

WILLEM ABRAHAM STEPHANUS AUCAMP

MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT

 

SCHEDULE

DRAFT NATIONAL WASTE MANAGEMENT STRATEGY 2026

 

Table of Contents

 

EXECUTIVE SUMMARY

 

CHAPTER 1: BACKGROUND, RATIONALE AND CONTEXT

 

1.1 RATIONALE FOR THE REVISION OF THE NWMS 2026

 

1.2 CONTEXT

 

1.2.1 THE WASTE LANDSCAPE IN SOUTH AFRICA

1.2.1.1 General Waste

1.2.1.2 Hazardous Waste

1.2.1.3 Waste Prevention

1.2.1.4 Food Waste

1.2.1.5 Waste Services

1.2.1.6 Waste collection including separation at source

 

1.2.2 ALIGNMENT TO THE SUSTAINABLE DEVELOPMENT GOALS

1.2.3 ALIGNMENT TO THE NATIONAL DEVELOPMENT PLAN: VISION 2030

1.2.4 ALIGNMENT TO THE MTDP PRIORITIES FOR THE 7th ADMINISTRATION

1.2.5 LEGISLATIVE FRAMEWORK AND MULTI-LATERAL ENVIRONMENTAL AGREEMENTS (MEAs)

 

1.3 PURPOSE, SCOPE, KEY PRINCIPLES AND EXPECTED OUTCOMES

 

1.3.1 PURPOSE

1.3.2 SCOPE

1.3.3 KEY PRINCIPLES

1.3.4 EXPECTED OUTCOMES

 

1.4 STRATEGIC APPROACH

1.4.1 INTRODUCTION

1.4.2 THE CIRCULAR ECONOMY

1.4.3 THE WASTE MANAGEMENT HIERARCHY

1.4.4 CHEMICAL AND WASTE ECONOMY (CWE) PHAKISA AND THE GOOD GREEN DEEDS PROGRAMME

 

CHAPTER 2: PILLARS OF THE NWMS

 

STRATEGIC PILLARS OF THE NWMS 2026

 

2.1.1 Strategic Thrust

2.1.2 Expected Outcome/s

2.1.3 Pillar 1 Focus Areas

2.1.4 Strategic Role-players

 

2.2. PILLAR 2: EFFECTIVE AND SUSTAINABLE WASTE SERVICES

 

2.2.1 Strategic Thrust

2.2.2 Expected Outcome/s

2.2.3 Pillar 2 Focus Areas

2.2.4 Strategic Role-players

 

2.4. PILLAR 4 COMPLIANCE MONITORING AND ENFORCEMENT

2.4.1 Strategic Thrust

2.4.2 Expected Outcome/s

2.4.3 Pillar 4 Focus Areas

2.3.4 Strategic Role-players

 

CHAPTER 3: EXPECTED OUTCOMES AND KEY INTERVENTIONS

 

3.1 EXPECTED OUTCOMES AND KEY INTERVENTIONS

 

CHAPTER 4: GOVERNANCE AND OPERATIONAL SUPPORT

 

4.1 GOVERNANCE AND OPERATIONAL SUPPORT

4.1.1 INFORMATION MANAGEMENT

4.1.2 FINANCING OF WASTE SERVICES

 

4.2 CONSULTATION

4.2.1 Publicise the NWMS

4.2.2 Integrate the NWMS into local planning

4.2.3 Integrate the NWMS into the National Waste Awareness Campaign

 

CHAPTER 5: IMPLEMENTATION PLAN

 

CHAPTER 6: MONITORING AND EVALUATION FRAMEWORK

 

APPENDIX 1: STATUS QUO ASSESSMENT OF THE NWMS 2020

 

 

LINK TO FULL NOTICE

 

National Environmental Management: Waste Act: National Waste Management Strategy 2026: Comments invited

G 53894 GoN 6972

– Comment by 17 Feb 2026

19 December 2025

 

53894gon6972.pdf

 

 

ACTION

 

Ensure that you submit your comments before 17 December 2026

 

 

LAW AND TYPE OF NOTICE

 

National Water Act: Regulations:

 

Protection and management of groundwater resources: Comments invited

 

G 53828 GoN 6935

 

– Comment by 02 Mar 2026

 

10 December 2025

 

 

APPLIES TO: 

 

  Government Entities

  • Municipalities: Must develop groundwater protection schemes, set municipal abstraction limits, and educate communities on groundwater management.
  • Department of Water and Sanitation (DWS): Oversight, audits, and enforcement of compliance.

 

  Water Management Institutions

  • Water User Associations: Required to register geosites and comply with groundwater protection measures.

 

  Private Sector

  • Agricultural Enterprises: Using boreholes for irrigation or livestock watering.
  • Mining and Industrial Companies: Abstracting groundwater for operations.
  • Commercial and Residential Developers: Drilling boreholes for water supply.

 

  Specialist Service Providers

  • Drillers and Pump Installers: Must register on the National Groundwater Archive (NGA) and comply with SANS standards for drilling, pump installation, and borehole decommissioning.
  • Geohydrological Consultants: Responsible for compiling and uploading geohydrological reports.

 

  Laboratories

  • Water Quality Testing Labs: Must be ISO/IEC 17025 accredited for groundwater quality analysis.

 

  Existing and New Groundwater Users

  • Schedule 1 Users (domestic and small-scale use).
  • Existing Lawful Use (ELU) and General Authorisation (GA) holders.
  • Water Use Licence Holders: Must comply with reporting and monitoring requirements.

 

 

SUMMARY

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF WATER AND SANITATION

 

NO. 6935 10 December 2025

 

PROPOSED REGULATIONS FOR THE PROTECTION AND MANAGEMENT OF GROUNDWATER RESOURCES

 

I, Pamela Castelina Majodina, Minister of Water and Sanitation, hereby gives notice in terms of section 69 of the National Water Act, 1998 (Act No. 36 of 1998), to make the Regulations for the protection and management of national groundwater resources, in terms of section 26(1) (a), (b), (g) and section 143 of the National Water Act, 1998.

 

Any person wishing to comment on or make representations with regards to the proposed Regulations is hereby invited to do so within 60 days of the date of publication of this notice (excluding from 15th December 2025 to 05 January 2026). All such comments and representations must be submitted, in writing, in any of the following ways:

 

By post to: The Director-General

Department of Water and Sanitation

Private Bag X313

Pretoria

0001

 

By hand to: The Director-General

Department of Water and Sanitation

Sedibeng Building, 185 Francis Baard Street,

Pretoria

0001

 

By e-mail to: groundwaterregs@dws.gov.za

 

Comments or representations must be marked for the attention of: Deputy Director-General: Regulation, Compliance and Enforcement, Mr Collin Xolani Zwane.

 

Any enquiries in connection with the proposed Regulations may be directed to Ms R. N. Mazwi at 012 336 7554 or to mazwir@dws.gov.za.

 

Comments received after the closing date may not be considered.

 

The Department of Water and Sanitation complies with the Protection of Personal Information Act, 2013 (Act No. 4 of 2013). Comments received and responses thereto are collated into a comments and response report, which will be made available to the public as part of the consultation process. If a commenting party has any objection to his or her name, or the name of the represented company or organisation, being made publicly available in the comments and responses report, such objection must be highlighted in bold as part of the comments submitted in response to this Government Notice.

 

P C MAJODINA, MP

MINISTER OF WATER AND SANITATION

DATE:

 

SCHEDULE

 

TABLE OF CONTENTS

 

CHAPTER 1

DEFINITIONS, PURPOSE AND APPLICATION OF REGULATIONS

 

1. Definitions

2. Purpose of Regulations

3. Application of Regulations

 

CHAPTER 2

PROVISION OF DRILLING AND PUMP INSTALLATION INFORMATION

4. Obtaining existing geosite identifiers

5. Acquisition of geosite information before drilling

6. Provision of pump installation settings

 

CHAPTER 3

PROHIBITIONS AND RESTRICTIONS

7. Prohibited areas

8. Prohibited activities

9. Restricted activities

 

CHAPTER 4

GROUNDWATER DEVELOPMENT

10. Groundwater development for communal water supply services

11. Groundwater protection

12. Schedule 1 Use

13. Borehole drilling

14. Borehole siting

15. Borehole construction

16. Borehole decommissioning

17. Capping of artesian boreholes

18. Blow yield and testing

19. Geohydrological reporting

 

CHAPTER 5

WATER QUANTITY AND QUALITY ASSESSMENT

20. Water quantity assessment

21. Water quality assessment

 

CHAPTER 6

WATER USE AUTHORISATION

22. Water Use Authorisation

 

CHAPTER 7

OFFENSES

23. Offenses

 

CHAPTER 8

SHORT TITLE

24. Short title and commencement

 

CHAPTER 9

REFERENCES

25. References

 

CHAPTER 1

DEFINITIONS, PURPOSE AND APPLICATION OF REGULATIONS

 

Definitions

 

1. In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned, and unless the context indicates otherwise—

 

“abandoned borehole” is a borehole that is found to be dry, closed or unused;

 

“artesian borehole” means a borehole that brings water to the surface without pumping because the water is under pressure within the body of rock, aquifer;

 

“borehole” has the meaning assigned to it in section 1 of the National Water Act, 1998;

 

“borehole casing” means a tubular lining of a borehole inserted to ensure borehole stability and integrity;

 

“borehole decommissioning” means the process required for boreholes that are no longer in use, to ensure safety after cessation;

 

“borehole siting” means the process of identifying/locating drilling target positions for a new borehole with the potential to yield water;

 

“borehole testing” means the process whereby a borehole is subjected to pumping under controlled test conditions in order to determine the performance characteristics of a borehole;

 

“borehole yield” means the volume of water that can be abstracted from a borehole;

 

“blow yield” means a quantity of water blown out of the borehole at each water strike during drilling;

 

“cemeteries” means a place where the remains of dead people are buried or otherwise interred. This can include burial grounds, gravesites, graveyards, or a green space called a memorial park;

 

“coordinate” means two values that represent the longitudinal and latitudinal offset of a geosite;

 

“data owner” means a person or an organisation that owns geosite data;

 

“driller” is a person who owns drilling equipment and assumes the responsibility of operating the equipment for water drilling and is registered on prescribed DWS Systems or any delegated authority for undertaking any geosite drilling activities;

 

“existing lawful use” means the use of water authorised by or under any law that took place at any time for a period of two years before the commencement of the National Water Act 1998;

 

“existing water user” means a water user that use water from a geosite in an area prior to commencement of these Regulations;

 

“field measurement” is a term used to describe pre-selected parameters that are observed in the field, as part of the water sampling process;

 

“general authorisation” is an authorisation to use water without a license, provided that the water use is within certain limits and complies with conditions set out in the general authorisation as Gazetted;

 

“geophysical data” is the data used to provide information on the physical properties of the earth’s surface and subsurface;

 

“Geohydrological Report” means the technical report which reflects the hydrogeological investigations;

 

“Geohydrological Reports System” is a database that contains groundwater related technical reports compiled by Departmental Officials or Consultants or Contractors;

 

“geosite” means a feature that is a naturally occurring, or artificially excavated, or constructed, or improved underground cavity which can be used for the purposes of water storing in an aquifer, extracting water from an aquifer, collecting data of water in an aquifer and recharging water in an aquifer (types of geosites include borehole, dug well, well point, tunnel, lateral collector, mine, seepage pond, sinkhole and drain);

 

“Geosite Identification Allocator Tool” is a tool that provides the ability to allocate and manage identifiers which are used for capturing and identifying data on the National Groundwater Archive;

 

“groundwater-dependent ecosystems” are defined as ecosystems that depend on groundwater such that they would be significantly altered and even irreversibly degraded if groundwater availability (quantity & quality) was to change beyond its normal range of fluctuation;

 

“groundwater protection scheme” means a component of aquifer protection that prevents pollution of groundwater resource supply systems for all scales and types of use where groundwater quality needs to be maintained;

 

“groundwater protection zone” is an area delineated with the aim of protecting a groundwater resource by restricting certain activities in the vicinity that may compromise its quality;

 

“hydrocensus” is a task that involves gathering information on water features, water supply sources and sources of potential water pollution in a particular site or area;

 

“hazardous substance” is a substance that can present a significant threat to public health, welfare, or the environment when released;

 

“identifier” means a number allocated to a geosite by a data owner. This number is used along with the data owner to uniquely identify a geosite;

 

“Integrated Regulatory Information System (IRIS)” means the national integrated regulatory information system of the Department where various reports and data required in these regulations must be uploaded too. The system can be accessed at https://ws.dws.gov.za/IRIS/login.aspx. For assistance on registration and upload of reports or data the IRIS helpdesk contact details are available on https://ws.dws.gov.za/IRIS/login.aspx.

 

“intended geosite purpose” means the reason(s) why the geosite has been identified for drilling, developing, monitoring, dewatering, drainage, exploration, monitoring, production (water supply), recharge, standby, waste disposal, etc);

 

“International Organization Standardization 17025” the international standard that specifies the general requirements for the competence of testing and calibration laboratories;

 

“lithology” means the physical characteristics of a rock;

 

“geological log” means description of the rock’s visible physical characteristics with low magnification microscopy, such as colour, texture, grain size and composition;

 

“National Groundwater Archive” is a web enabled database system that allows capturing, viewing, modifying and extraction of groundwater related data by registered users;

 

“Person” includes a natural person, a juristic person, an unincorporated body, an association, an organ of state and the Minister;

 

“pump installation” refers to the process of setting up and placing a pumping system in its intended location, ensuring it is connected to the necessary components and making it ready for operation;

 

“pump installer” means a person who is responsible for the installation, maintenance, and commissioning of a pump system on a borehole;

 

“SANS 10299” refers to the South African National Standards for the Development, Maintenance and Management of Groundwater Resources;

 

“site owner” means an individual or an organisation that owns a geosite or owns the property on which the geosite is found or is the head man of the rural area;

 

“Schedule 1 users” refers to Schedule 1 of the National Water Act, (Act No. 36 of 1998) which lists a range of permissible water use;

 

“Standard Descriptors for Geosites” means a set of standards (or protocols) on how to describe geosite data as well as a list of geosite types;

 

“Strategic Water Source Areas” are currently defined as areas of land that either: (a) supply a disproportionate (i.e. relatively large) quantity of mean annual surface water runoff in relation to their size and so are considered nationally important; or (b) have high groundwater recharge and where the groundwater forms a nationally important resource; or (c) areas that meet both criteria (a) and (b). They include transboundary water source areas;

 

“The Act” means the National Water Act (Act No. 36 of 1998);

 

“water quality” describes the physical, chemical, biological, and aesthetic properties of water which determine its fitness for a variety of uses and for protecting the health and integrity of aquatic ecosystems;

 

“water quantity” refers to the volume of water abstracted at a geosite as measured by a water measuring device;

 

“water strikes” means term used to describe the particulars where water was encountered when a borehole was drilled; and

 

 

“Water User Association” means a water management institution, but their primary purpose is to operate at a restricted localised level, and are in effect co-operative associations of individual water users who wish to undertake water-related activities for their mutual benefit;

 

Purpose of Regulations

 

2. The purpose of these Regulations is to—

 

(a) identify and control certain activities related to the drilling of boreholes to ensure the protection of groundwater resources;

(b) set general and specific requirements, practises and standards for drilling and management of aquifers and boreholes;

 

(c) improve data and information management to better manage groundwater resources through the following:

(i) the registration of geosites for all existing and new groundwater users;

(ii) the registration of information for drillers and pump installers;

(iii) the capturing of borehole drilling information and geosites information; and

(iv) the capturing of geohydrological information and reports.

 

(d) streamline the SANS standards for groundwater management, drilling and pump testing; and

(e) ensure that groundwater is managed in a sustainable manner.

 

Application of Regulations

 

3. These Regulations apply to all groundwater users (new and existing) including those issued with entitlements, permits, water court orders throughout the Republic of South Africa and must be read together with the conditions of such an entitlement, permit or water court order.

 

CHAPTER 2

PROVISION OF DRILLING AND PUMP INSTALLATION INFORMATION

 

Obtaining existing geosite information

 

4. All borehole owners, including Schedule 1, Existing Lawful Use (ELU), General Authorisation (GA), and water use license users, must capture their details and details of the existing geosite information on the National Groundwater Archive (NGA). See Annexure 1 for registration of information. Existing users are expected to register their details within 12 months of these Regulations.

 

Acquisition of geosite information before drilling

 

5.(1) A person must obtain geosite identifiers from the NGA before undertaking drilling of a borehole on any aquifer.

(2) The water user and or driller of the geosite must capture and provide, at minimum, the drilling data on the NGA, in line with the Standard Descriptors for Geosites (SDG), and within two months after the closure of the registered project on the Geosite Identification Allocator Tool (GIAT). The complete information requirements for geosite data for capturing on the NGA are shown in Annexure 1.

 

Provision of pump installation settings

 

6. (1) Any person who intends installing borehole pumping equipment for the purpose of abstracting water from an aquifer must provide yield test result or recommended sustainable abstraction rate together with the pump installation settings on the NGA before commencement of water abstraction.

(2) All persons with existing installed pump equipment on boreholes must provide the pump installation settings on the NGA within twelve months of commencement of these Regulations.

 

CHAPTER 3

PROHIBITIONS AND RESTRICTIONS

 

Prohibited areas

 

7.(a) Drilling of boreholes for any water use, including domestic, mining, industrial, livestock and irrigation purposes, are prohibited within 50m from cemeteries, informal waste disposal sites, subsistence agriculture activities, animal kraals, watering points and dipping tanks, fuel tanks, informal vehicle servicing, spray painting and parts washing facilities, pit latrines or other potentially hazardous operations areas.

(b) Drilling of boreholes for any water use within one (1) kilometre from strategic infrastructure.

 

Prohibited activities

 

8. The following activities are prohibited:

 

(a) the use of a geosite that is not registered on the NGA and related information management systems;

(b) the disposal or injection, without a water use authorisation, of any waste or chemicals that may detrimentally impact or pollute the water resources; and

(c) the injection, without approval by the responsible authority and without a water use authorisation, of chemicals for rehabilitation of a borehole.

(d) The disposal of hazardous substances, effluents/contaminated runoff from mining, agricultural or industrial activities in areas identified as groundwater protected areas without prior authorisation.

 

Restricted areas

 

9. The drilling of boreholes for any use is restricted within—

(a) the locally defined distance from Strategic Water Source Areas, informed by the outcomes of research studies on their protection approach;

(b) five kilometres of a freshwater ecosystem or priority areas, critical biodiversity areas or areas with high conservation status as determined by the South African National Biodiversity Institute (SANBI); and

(c) all areas in the Republic of South Africa identified and declared as restricted in terms of any international conventions.

(d) A borehole may not be drilled within a groundwater protection zone should there be potential impacts by streamflow reduction activities, agricultural activities, and open cast or underground mining; based on specialist studies.

 

CHAPTER 4

GROUNDWATER DEVELOPMENT

 

Groundwater development for communal water supply services

 

10. All groundwater development for the purposes of water supply to communities must be conducted according to the most recent/updated Standard Operating Procedure (SOP) for Groundwater Resource Development for Community Water Supply Projects (DWS, 2023), as published on the DWS website.

 

Groundwater protection

 

11. (1) Municipalities must develop a groundwater protection scheme within 5-years from the promulgation of the Regulations.

(2) Appropriate groundwater buffers with respect to groundwater protection schemes, including groundwater protection zones, as developed by municipalities in accordance to the WRC Guidance Document TT 902/22 (Gibson & McGibbon, 2023), must be adhered to inform monitoring frequency of a groundwater resource towards compliance reporting.

(3) A re-calculation of local groundwater protection zones, based on local aquifer characteristics is recommended if significant groundwater abstractions or land uses are proposed.

(4) Municipalities must ensure the appropriate education in respect of safe, effective and efficient groundwater use and management.

 

Schedule 1 Use

 

12. (1) Any person who contemplates to drill a borehole under Schedule 1 of the National Water Act, 1998 must inform the municipality prior to drilling the borehole.

 

(2) All municipalities must develop municipal abstraction limits for all boreholes in their area of jurisdiction.

(3) If a Schedule 1 water user, uses water from municipal supply and supplements or augments with borehole water and its use exceeds the municipal water abstraction limits; the contemplated use is no longer considered reasonable as per Schedule 1 and the borehole must be authorised in terms of section 4(3) of the Act.

 

Borehole drilling

 

13. For any new drilling activities, the water user must appoint a driller, who is registered on the NGA, to manage the drilling operation.

 

Borehole siting

 

14. (1) Borehole siting must be conducted according to SANS 10299-1:2003 or any applicable best practices or guidelines.

(2) The geophysical data related to borehole siting for drilling of a borehole must be compiled as part of the Geohydrological Report.

 

Borehole construction

 

15.(1) All new boreholes must be constructed according to the SANS 10299.

(2) Sub-regulation 15(1) also applies to dry and abandoned boreholes, to adhere to the prescribed standards.

 

Borehole decommissioning

 

16. All dry or unused boreholes must be decommissioned within 60 days of final use. Borehole decommissioning must adhere to SANS 10299-9 or any equivalent best practice guideline or standard.

 

Capping of artesian boreholes

 

17. Artesian boreholes must be capped by the registered owner at their own expense and the boreholes must be capped by a registered driller and the information must be captured within 60 days on the NGA.

 

Blow yield and borehole testing

 

18.(1) Boreholes in use for abstraction, for any purpose contemplated under the Act, must be subjected to borehole testing according to SANS 10299-4 or any applicable best practices or guideline; and must be installed with a pump that is suitable for the capacity of the borehole based on the borehole yield results.

(2) The borehole testing results contemplated in sub-regulation 18(1) must be registered and captured on the NGA.

(3) The blow yield measurements and water strikes intercepted during the drilling of any borehole must be captured on the NGA.

(4) The pump installed or to be installed on any borehole must adhere to SANS 10299-4, and the capacity of the installed pump must be captured on the NGA.

 

Geohydrological Reporting

 

19. (1) The Geohydrological Report contemplated in sub-regulation 14(2) must be compiled according to the Regulations regarding the Procedural Requirements for Water Use License Applications and Appeals (published under GNR. 267 in Government Gazette No. 40713 of 24 March 2017) and must be submitted uploaded on Geohydrological Reports System at https://www.dws.gov.za/ghreport/

(2) Schedule 1, ELU and GA water users must provide all available information as per Annexure 1 onto the NGA

(3) Water Use Licence holders must provide geological and hydrocensus information in the prescribed format as contemplated in the Electronic Water Use License Application and Authorisation System (e-WULAAS) and upload it on the Geohydrological Reports System at https://www.dws.gov.za/ghreport/

(4) The geological logs of the drilled boreholes must be recorded as part of the Geohydrological Report contemplated in sub-regulation 14(2) and must be captured on the NGA.

 

CHAPTER 5

WATER QUANTITY AND QUALITY ASSESSMENT

 

Water quantity assessment

 

20. (1) ELU, GA and water use license holders must measure groundwater levels biannually or in accordance with the water use license conditions or GA. Water quantity assessment must adhere to SANS 10299-8:2003 or any equivalent best practice guideline and must be captured on the NGA annually or in line with the applicable authorization.

 

(2) All groundwater users must install metering devices to monitor volumes of water abstracted on each geosite in use and data on abstracted volumes must be captured on the NGA annually or in line with the applicable Authorisation;

(a) a water user must ensure that metering devices are replaced and repaired should they break or be stolen; and

 

(3) In the event, that a change in pump rate and volume abstracted affects the authorisation of the water use, the water user must notify the Responsible Authority and follow the required e-WULAAS process; and update the information on the NGA.

 

Water quality assessment

 

21. (1) Water quality sampling and analysis for groundwater users must be conducted in line with the applicable authorization and results must be captured on Integrated Regulatory Information Systems (IRIS) at https://ws.dws.gov.za/IRIS/login.aspx .

(2) Water quality sampling and analysis for Schedule 1 and ELU users must be conducted annually; the results must be captured on the NGA.

(3) Any water analysis must be conducted using laboratories that are accredited for using the International Organization Standardization (ISO/IEC 17025) standards.

 

CHAPTER 6

WATER USES AUTHORIZATION

 

Water Use Authorization

 

22. (1) The Department of Water & Sanitation must be granted access to boreholes for routine audits on groundwater quantity and quality.

(2) All water users subjected to the water use entitlement as contemplated by the Act are obligated to notify or apply for the appropriate water use authorization to the Responsible Authority for any use of water other than the entitled or authorized.

(3) For any application for water use license for any geosite, the water user must adhere to the requirements contemplated in the Regulations regarding procedural requirements for water use license application and amendments (as Gazettes).

 

CHAPTER 7

OFFENCE

 

Offences

 

23. (1) A person is guilty of an offence if that person—

(a) Fails or refuses to give data or information, or provides false or misleading information in any form, including any document submitted in terms of these Regulations to the responsible authority and the public, or intentionally omits information that may have an influence on the outcome of a decision of a responsible authority.

(b) obtains a water use authorisation through fraud, non-disclosure or material information or misrepresentation of a material fact, or

(c) fails to comply with any provision of these Regulations.

 

(2) Any person who contravenes any provision of sub-regulation 23(1) is guilty of an offence and liable, on the first conviction, to a fine or imprisonment for a period not exceeding five years, or to both a fine and such imprisonment and, in the case of a second or subsequent conviction, to a fine or imprisonment for a period not exceeding ten years or to both a fine and such imprisonment.

 

CHAPTER 8

SHORT TITLE

 

Short title and commencement

 

24. These Regulations are called the Regulations for the Protection and Management of Groundwater Resources, 2025 and come into operation on the date of publication in the Government Gazette.

 

CHAPTER 9

REFERENCES

 

Department of Water and Sanitation. (2017). Regulations regarding the procedural requirements for water use licence applications and appeals. Pretoria. Retrieved from https://www.gov.za/sites/default/files/gcis_document/201703/40713rg10701gon267.pdf

 

Department of Water and Sanitation. (2023). Standard Operating Procedure for Groundwater Resource Development for Community Water Supply Projects. Pretoria. Retrieved from https://gwd.org.za/sites/default/files/2024-07/SOP%20for%20Groundwater%20Ver%204.0_Dec%202023.2.pdf

 

Gibson, K., & Mc Gibbon, D. (2023). Guidance document on Protection Zones (Delineation and Protection): Development of methodological approach and implementation plan. Pretoria: Water Research Commission. Retrieved from https://wrcwebsite.azurewebsites.net/wpcontent/uploads/mdocs/TT%20902%20final%20web.pdf

 

International Organization for Standardization. (2017). General requirements for the competence of testing and calibration laboratories (ISO/IEC 17925:2017). Retrieved from https://www.iso.org/standard/66912.html#:~:text=ISO%2FIEC%2017025%20is%20the,their%2

0testing%20and%20calibration%20results.

 

Standards South Africa. (2003). South African National Standard – Development, maintenance and management of groundwater resources – Part 1: The location and siting of water boreholes. Pretoria.

 

South African Bureau of Standards. (2003). South African National Standard: Development, maintenance and management – Part 4: Test-pumping of water boreholes. Pretoria.

 

Standards South Africa. (2003). South African National Standard – Development, maintenance and management of groundwater resources – Part 8: The management of water boreholes. Pretoria.

 

Standards South Africa. (2003). South African National Standard – Development, maintenance and management of groundwater resources – Part 9: The decommissioning of water boreholes. Pretoria.

 

Standards South Africa. (2003). South African National Standard: development, maintenance

and management of groundwater resources. Pretoria.

 

LINK TO FULL NOTICE

 

National Water Act: Regulations: Protection and management of groundwater resources: Comments invited

G 53828 GoN 6935

– Comment by 02 Mar 2026

10 December 2025

 

53828gon6935.pdf

 

 

ACTION

 

·     Register all boreholes and geosites on the National Groundwater Archive (NGA).

·     Provide drilling, pump installation, and geohydrological data.

·     Adhere to SANS 10299 standards for borehole construction, testing, and decommissioning.

·     Conduct water quantity and quality assessments and upload results to NGA and IRIS systems.

·     Obtain water use authorisations where required.

 

 

 

LAW AND TYPE OF NOTICE

 

National Environmental Management:

 

Waste Act: Regulations: Procedure to be followed by persons called upon to apply for a waste management licence

 

G 53831 GoN 6939

 

10 December 2025’

 

 

APPLIES TO: 

 

1.     Municipalities operating landfill sites.

2.     Private waste disposal companies managing hazardous or general waste.

3.     Industrial facilities with on-site waste disposal operations.

4.     Mining companies with waste storage or disposal areas.

5.     Agricultural enterprises involved in large-scale waste management activities.

 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

National Environmental Management: Waste Act: Regulations: Procedure to be followed by persons called upon to apply for a waste management licence

G 53831 GoN 6939

10 December 2025

 

53831gon6939.pdf

 

 

ACTION

 

1. Submit an Application for a Waste Management Licence

 

  • Complete the official application form (Appendix 1 in the notice).
  • Provide details such as project description, site coordinates, and background information.

 

2. Prepare a Pollution Impact Assessment Report

 

  • Commission an independent specialist to assess:
    • Pollution and degradation caused by the organization’s activities.
    • An Environmental Management Programme with mitigation measures and compliance actions.

 

3. Conduct a Public Participation Process

 

  • Display a notice board at the site boundary (minimum size: 60 cm x 42 cm).
  • Make all relevant information (including the assessment report and management programme) available to the public.
  • Allow at least 30 days for public comments.

 

4. Submit Comments and Responses Report

 

  • Compile all public comments and provide responses.
  • Submit this report along with the application to the Minister or MEC (depending on landfill class and waste type).

 

5. Ensure Compliance with Additional Requirements

 

  • Attach copies of other authorizations (if any).
  • Include an Environmental Management Programme that meets Appendix 2 requirements.
  • Respond promptly if the licensing authority requests additional information.

 

6. Monitor Timelines

 

  • The decision on the application will be finalized within 120 days after all required information is submitted.
  • Appeals can be lodged under the National Appeal Regulations, 2025.

 

 

 

 

 

 

LAW AND TYPE OF NOTICE

 

National Water Act:

 

Raw water use chargers for 2026/27 Financial Year

 

G 53818 GeN 3687

 

09 December 2025

 

 

APPLIES TO: 

 

1. Domestic & Industrial Water Users

 

  • Municipalities supplying water to households and businesses.
  • Industrial companies (e.g., manufacturing, processing plants) that abstract raw water for operations.

 

2. Agricultural Sector

 

  • Irrigation boards and farmers who use raw water for crop irrigation.
  • Large-scale agricultural enterprises dependent on government water schemes.

 

3. Forestry Operations

 

  • Commercial forestry companies using water for plantation management.

 

4. Energy and Mining Companies

 

  • Entities like Eskom and Sasol, which are explicitly mentioned under special tariffs for projects such as VRESAP.
  • Mining companies requiring water for processing and dust suppression.

 

5. Water Boards and Bulk Water Suppliers

 

  • Organizations managing regional water distribution and infrastructure.

 

6. Any Entity Linked to Government Water Schemes

 

  • Users connected to projects such as:
    • Berg Water Project
    • Vaal River System
    • Komati Water Scheme
    • Mokolo and Crocodile River Augmentation Project
    • Umkhomazi Water Project

 

 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

National Water Act: Raw water use chargers for 2026/27 Financial Year

G 53818 GeN 3687

09 December 2025

 

53818gen3687.pdf

 

 

ACTION

 

Ensure that you take note of the new set of chargers for 2026/27

ENERGY AND PETROLEUM

 

 

LAW AND TYPE OF NOTICE

 

Electricity Regulation Act:

 

Grid Capacity Allocation Rules

 

G 53914 GoN 6982

 

24 December 2025

 

 

APPLIES TO: 

 

  Network Service Providers (NSPs)

  • Legal entities licensed to provide electrical network services, including planning, processing connection applications, operating, and maintaining transmission or distribution networks.

 

  Licensees

  • Holders of licences granted by NERSA for electricity transmission or distribution.

 

  Applicants seeking grid connection allocation, such as:

  • Renewable energy developers (solar, wind, etc.)
  • Thermal energy generation projects
  • Battery Energy Storage Systems (BESS)
  • Pumped hydro projects
  • Hybrid systems integrating storage and generation technologies.

 

  Investors and participants in the Electricity Supply Industry (ESI)

  • Entities intending to develop, operate, and maintain generation facilities or related infrastructure.

 

 

SUMMARY

 

Purpose

 

To ensure fair, efficient, and transparent allocation of grid capacity and third-party access to South Africa’s transmission and distribution power systems, supporting investment and energy transition.

 

Key Objectives

 

  • Promote investment in the Electricity Supply Industry (ESI).
  • Ensure efficient and reliable use of grid infrastructure.
  • Prioritize projects that are ready to connect.
  • Provide clarity on grid capacity allocation processes.
  • Enable informed decisions by potential industry entrants.

 

Scope & Applicability

 

  • Applies to Network Service Providers (NSPs) licensed to operate transmission and distribution networks.

 

  • Applies to Applicants seeking grid connection for:
    • Renewable energy projects
    • Thermal generation
    • Battery Energy Storage Systems (BESS)
    • Pumped hydro and hybrid systems.

 

Core Principles

  • Non-discriminatory access for all third parties.
  • Compliance with the Grid Code.
  • Transparent and fair allocation process.
  • Capacity may be refused only if insufficient to maintain system integrity.

 

Allocation Process

 

Three stages:

1.     Pre-feasibility – Apply for Cost Estimate Letter (CEL), pay fee, show project intent.

2.     Reservation – Accept CEL, provide environmental authorisation, financial guarantees, resource data, and apply for Budget Quote (BQ).

3.     Allocation – Accept BQ, sign legally binding agreements (connection, implementation), provide financial guarantees.

 

Queuing System

 

  • First-ready, first-served principle.
  • Transparent queue management with monthly public updates (excluding sensitive data).
  • Queue positions based on readiness milestones.

 

Compliance & Enforcement

 

  • NSPs must publish plans (Transmission Development Plan annually, Network Development Plan every three years).
  • NERSA will monitor compliance and resolve disputes.
  • Capacity can be revoked for non-compliance unless delays are due to force majeure.

 

Implementation

 

Effective immediately upon publication in the Government Gazette (24 December 2025).

 

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF MINERAL RESOURCES AND ENERGY

 

NO. 6982 24 December 2025

 

GRID CAPACITY ALLOCATION RULES

 

PURPOSE

 

To ensure the efficient, expeditious and uniform administration of grid capacity allocation and third-party access to transmission and distribution power systems and to create sustainable and justifiable considerations for licensees to apply when allocating grid capacity, thus facilitating a fair balance between the interests of customers and end users, licensees, investors in the electricity supply industry and the public.

 

Table of Contents

 

DEFINITIONS

 

ABBREVIATIONS

 

1. BACKGROUND

2. LEGAL MANDATE

3. OBJECTIVES OF THE GRID CAPACITY ALLOCATION RULES

4. PRINCIPLES OF THE GRID CAPACITY ALLOCATION RULES

5. APPLICABILITY OF THE RULES

6. INFORMATION REQUIRED TO BE MADE AVAILABLE TO THE PUBLIC

7. GRID CAPACITY ALLOCATION PROCESS REQUIREMENTS

8. THE QUEUING PROCEDURE

9. REVOCATIONS

10. COMPLIANCE

11. DISPUTES

12. IMPLEMENTATION DATE

 

1. BACKGROUND

 

1.1 Grid access refers to the process of connecting electricity generators, as well as consumers, to the transmission and distribution power systems. A crucial element of this access process is that renewable energy generated not only enters the grid, but is also allowed to be dispatched and sold according to the relevant grid connection rules and codes.

 

1.2 As demand for electricity generation rises and the shift from fossil fuels to renewable sources continues, it is essential to have well-defined policies and rules that protect grid access matters. These rules ensure fairness and consistency in their implementation.

 

1.3 However, available grid connection capacity is becoming increasingly limited, particularly at the substation level and throughout the western part of the country. This scarcity highlights the need for regulatory measures to establish structured rules for grid capacity allocation.

 

1.4 Delays that happen after the allocation of grid access, resulting in the actual start of project construction being deferred to later dates, often occur due to financial constraints or lengthy environmental approval processes.

 

1.5 The inadequate development of grid infrastructure not only hinders the connection of new generation power sources, but also slows down the energy transition, resulting in higher costs for clean energy developments. Thus, it is important to evaluate key factors that can ensure efficiency, effectiveness, and fairness in grid connection processes.

 

1.6 Given the shortages in grid connection capacity and the rapidly changing landscape of electricity generation markets, it has become clear that Grid Capacity Allocation Rules must be crafted to ensure non-discriminatory and open access. This approach should be fair and transparent for all Applicants seeking grid connection capacity.

 

1.7 In the past, licensees allocated grid capacity on a first-come, first-served (fc-fs) basis. However, as the demand for electricity generation increased, it has become clear that the process of allocating grid capacity should be refined further to ensure efficient distribution and to minimise the risk of speculators monopolising the grid without a genuine commitment to fostering investment. Hence, the first-ready, first-served principle is being adopted as a way of allocating grid capacity. Section 4 further clarifies the provisions of the readiness and the first-ready, first-served principles.

 

1.8 The rules are designed to promote a balanced allocation of grid capacity among all Applicants, which is essential for maintaining long-term energy security. Consequently, non-discriminatory access will enhance customer options for affordable and reliable electricity supply.

 

1.9 In the South African market, regulating the allocation of grid access by transmission and distribution network owners is essential, especially as the energy sector moves towards a more competitive environment. In this context, the ER has deemed it necessary to outline key regulatory principles for the use and allocation of access to transmission and distribution grids. This aims to ensure that access is granted fairly and that the available capacity in the grid is utilised efficiently and effectively.

 

1.10 As electrical transmission and distribution lines are historically natural monopolies, it is vital to ensure fair access to these power systems to allow healthy competition in the electricity market, with the aim to result in competitive prices for end users.

 

2. LEGAL MANDATE

 

2.1 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, 2004 (Act No. 40 of 2004) (‘NERA’).

 

2.2 NERSA’s mandate is to regulate the electricity, piped-gas and petroleum pipeline industries in terms of the Electricity Regulation Act, 2006 (Act No. 4 of 2006), Gas Act, 2001 (Act No. 48 of 2001) and Petroleum Pipelines Act, 2003 (Act No. 60 of 2003).

 

2.3 Section 2A of the Electricity Regulation Act, 2006 (Act No.4 of 2006), as amended (‘the Act’) confirms that the Act is applicable to the generation, transmission, distribution, reticulation, system operation, trading, and import and export of electricity activities, and to persons undertaking such activities.

 

2.4 In terms of section 3 of the Act, the Energy Regulator (‘the ER’) is the custodian and enforcer of the regulatory framework provided for in the Act and has regulatory authority over persons undertaking activities that are subject to the Act. Therefore, the ER is entrusted with ensuring that the objectives of the Act are achieved.

 

2.5 The ER is obliged, in terms of section 4(a)(iv) of the Act, to issue rules designed to implement the national government’s electricity policy framework, the integrated resource plan and this Act.

 

2.6 Section 35(1) of the Act empowers the ER to make rules, guidelines, directives and codes of conduct and practice after consultation with licensees, municipalities that reticulate electricity and such other interested persons as may be necessary.

 

2.7 Section 35(3) of the Act further provides that, without derogating from the general nature of the empowerment, the ER makes rules that relate to

 

‘(c) the security, operation, use and maintenance of transmission and distribution power systems’ and ‘(k) any other ancillary or administrative matter for which it is necessary to make rules for the proper implementation of this Act’.

 

2.8 Policy position 5 of the Electricity Pricing Policy (EPP) of 2008 details the circumstances under which access must be provided to all users, which aligns with the provisions of section 21 of the Act, which requires transmission and distribution licensee to provide non-discriminatory access to its transmission or distribution power system to third parties.

 

2.9 In the development of delegated or subordinate legislation, the following interactive factors play a role in enabling the legality of such subordinate legislation:

a) The extent to which the discretion of the delegated authority is structured and guided by the enabling legislation.

b) The public importance and constitutional significance of the measures.

c) The shortness of the period to develop such subordinate legislation.

d) The extent to which the subject matter necessitates the use of forms for rapid intervention, which could otherwise be slow and inhibit other processes.

 

2.10 The justification for having the rule-making powers vested in administrative bodies, such as NERSA, is based on numerous practical considerations, including the following:

a) The technical nature of financial regulation and the degree to which specialist knowledge is needed for effective rule-making.

b) The importance of the time factor in addressing matters where rapid intervention is critical.

c) Issues on which regulations are made are often of a non-political, administrative/technical nature.

d) Best practices in other jurisdictions indicate that rule-making powers are vested in administrative authorities/bodies rather than in political office bearers.

e) Rules are subject to the ultra vires rule, which means that they may be struck down by a court if not authorised in the enabling Act.

 

2.11 To meet the legality requirement, the ER has ensured that the appropriate powers have been exercised to ascertain jurisdictional fact and satisfy the stakeholder consultation legal requirements.

 

2.12 These rules are developed to ensure uniformity in the consideration of applications, relevant factors and the lapsing of such right to access that has been given.

 

3. OBJECTIVES OF THE GRID CAPACITY ALLOCATION RULES

 

3.1 The objectives of these Rules are to:

 

a) promote investment in the Electricity Supply Industry (ESI);

b) ensure the efficient, fair, and reliable use of the electricity grid infrastructure;

c) improve capacity allocation to prioritise projects that are ready to connect while maintaining options for Applicants;

d) bring clarity and order to how grid capacity is allocated to potential generation and load projects; and

e) ensure that potential entrants to the industry have sufficient preliminary information to enable proper assessment and informed investment decisions.

  

4. PRINCIPLES OF THE GRID CAPACITY ALLOCATION RULES

 

4.1 The Network Service Provider (NSP) must adhere to the following principles in the provision of grid access:

 

a) Non-discriminatory access: Third parties must be granted equal access to the grid, encouraging competition and fairness.

b) Protection of existing customers: The rights and responsibilities of current customers are safeguarded, ensuring that their interests are not jeopardised by new connections or projects.

c) Compliance with the Grid Code: Any party seeking to connect to the grid must comply with the standards and guidelines established in the Grid Code, which governs technical and operational practices.

d) Fair access process: Access to the grid must be granted through a transparent and fair procedure, reducing barriers for legitimate connections.

e) Capacity limitations: NSPs may refuse access if they can objectively demonstrate insufficient network capacity to maintain system integrity.

f) Capacity discrimination: NSPs may not discriminate between customers or classes of customers regarding access, tariffs, prices, and conditions of service, except for objectively justifiable and identifiable differences approved by the Regulator.

g) Information costs: Parties requesting information about network capacity may be charged a reasonable fee, which helps cover the costs associated with providing such information.

 

4.2 Acceptance of the Cost Estimate Letter (CEL): Both parties must agree that the acceptance of the CEL recognises the indicative nature of the costs that are provided, including the technical scope, which might change when the scope becomes more accurate at the Budget Quote (BQ) stage. The acceptance of the CEL by the Applicant puts an obligation on the NSP to reserve capacity for an Applicant. The provisions below establish the framework for determining a project’s readiness level for grid access:

 

a) First ready: A threshold of readiness of the Applicant’s project to build the generation Facility and related grid infrastructure in accordance with the published rules.

b) For the purposes of these Rules, readiness refers to the demonstrable stage at which a generation, transmission or distribution project has met all regulatory, technical, financial, and contractual conditions required to proceed with physical grid connection and energisation within a defined timeframe, as verified by the NSP.

 

5. APPLICABILITY OF THE RULES

 

5.1 These rules shall apply to NSPs that are legal entities to provide electrical network services and are responsible for planning, processing connection application, operation, and maintenance of an electricity network in their respective jurisdictions. The scope of an application encompasses electricity transmission and distribution activities, including the following:

 

a) An Applicant intending to develop, operate, and maintain a Facility.

b) A licensee or its appointed representative that develops, operates and maintains the distribution network.

c) A licensee or its appointed representative that develops, operates and maintains the transmission network.

 

5.2 These rules shall also apply to Applicants seeking grid connection allocation, including renewable energy, thermal energy sources, Battery Energy Storage Systems (BESS), pumped hydro, and hybrid systems integrating storage to enhance dispatchability and provide ancillary services and/or any other technology that generates electricity.

 

6. INFORMATION REQUIRED TO BE MADE AVAILABLE TO THE PUBLIC

 

6.1 The Transmission NSP shall develop the Transmission Development Plan (TDP) annually and ensure its availability to the public by publishing it on its official website.

 

6.2 The Distribution NSP shall develop the NDP every three years, with a minimum window period of five years, and make it available to the public on request.

 

6.3 The Grid Code, as an extension of the Act, mandates the NSP to indicate available network capacity by publishing the TDP and making the NDP available on request.

 

 

6.4 Such network capacity information and any other network information that must be made available to an Applicant, must be on time, be accurate, be complete, and be sufficiently detailed to ensure that Applicants are fully informed and able to make decisions based on reliable and adequate information.

 

6.5 The NSP may charge a reasonable fee to be published in a schedule of fees for the cost of providing additional information relating to the network capacity and measures that would be necessary to reinforce the network on application.

 

6.6 The NSP shall develop the grid allocation policies, processes, and procedures and publish them on their website.

 

6.7 The NSP shall publish the connection application form with the information pack indicating the application process.

 

7. GRID CAPACITY ALLOCATION PROCESS REQUIREMENTS

 

7.1 The grid capacity allocation process shall have three stages that include the pre-feasibility stage, reservation stage and allocation stage, as shown in

 

Figure 1 below.

 

 

7.2 Pre-feasibility stage: An Applicant shall apply for a CEL with a relevant NSP and demonstrate project development intent, showing that they have started engagements with relevant authorities such as the Department of Environmental Affairs and landowners.

 

7.3 The Applicant should be able to determine the project location, size of the project in terms of Megawatts (MWs) and technology.

 

7.4 The Applicant shall also be required to pay a reasonable fee for the cost of the provision of a CEL.

 

7.5 The timelines for the provision of a CEL shall be in line with the requirements of the Grid Code, unless the NSP has a reduced timeline compared to those indicated in the Grid Code.

 

7.6 Reservation stage: The capacity shall be reserved for a project when an Applicant has accepted the CEL and has paid the CEL fee.

 

7.7 The Applicant must also provide proof of the following readiness documents:

a) Environmental authorisation for the generation site

b) Provision of a financial guarantee

c) Verified site resource data, such as twelve months site resource data for wind technology or satellite-verified data for solar technology

d) Proof confirming that it has applied for/obtained registration or a generation licence with NERSA.

 

7.8 Thereafter, the Applicant shall be required to apply for a BQ.

 

7.9 The BQ shall be accompanied by all the relevant agreements such as connection agreements and implementation agreements.

 

7.10 The timelines for the provision of a BQ shall be in line with the requirements of the Grid Code, unless should the NSP have a reduced timeline compared to those indicated in the Grid Code.

 

7.11 Allocation stage: The capacity shall be allocated to a project when it has proof of the following readiness documents:

a) When the BQ has been accepted and provision of financial guarantees related to project execution.

b) When the Applicant and an NSP have signed legally binding agreements such as a connection agreement(s) and/or implementation agreement.

 

7.12 The connection agreement(s) and/or implementation agreement shall contain the technical scope, project timelines, and the Commercial Operation Date (COD).

 

7.13 Construction schedules and Engineering Contracts may be submitted to the NSP to ensure the successful commissioning of the project.

 

7.14 The readiness of the three stages of the grid capacity allocation process shall be assessed by either a pass or fail condition based on the requirements/criteria emanating from each of the three stages. An NSP shall be required to use the readiness criteria illustrated in Table 1 to move the project from one stage to the next.

 

7.15 The approach set out in Table 1 supports the first-ready, first-served principle whereby a project will only move to the next grid capacity allocation stage when all conditions from a previous stage are met.

 

8. THE QUEUING PROCEDURE

 

8.1 The NSP shall develop a fair and transparent queuing procedure to manage multiple applications, ensuring equitable treatment of all Applicants. The queuing procedure developed by the NSP shall be in line with the grid capacity allocation process requirements stipulated in section 7 of these rules.

 

8.2 The queuing procedure shall outline a clear tracking or allocation system, detailing how applications are assessed and moved up or down the queue at each phase of the allocation process (i.e. pre-feasibility, reservation and allocation) as stipulated in section 7 of these rules.

 

Queue Provisions

 

8.3 NSPs shall implement a three-stage queuing system consisting of project registration (pre-feasibility), capacity reservation and capacity allocation.

8.4 This system shall apply to all Applicants seeking connection to the Grid. Queue positions shall be based on progression through defined project milestones and validated evidence of project readiness.

 

 

Project Registration (Pre-feasibility)

 

8.5 NSPs shall keep an official record of Applicants that have signalled initial project intent and submitted a complete application.

 

8.6 In order to be placed on the project list/register, the Applicant must fulfil the following:

 

a) Submit a completed application

b) Submit a request for a CEL to the NSP, pay the CEL fee and provide a proof of payment.

c) Submit documentary proof of initial engagements with affected landowners and Department of Environmental affairs.

 

8.7 On receipt of the above, the NSP shall:

a) Enter the project into the project register/list

b) Issue a CEL within the timelines stipulated in the Grid Code.

 

8.8 The CEL is valid for a period of 12 months. If it is not accepted by the Applicant within 12 months, the CEL expires, and the project is removed from the project list.

 

8.9 On acceptance of the CEL and payment of the CEL acceptance fee within this period, the project will progress to be officially placed in the queue for capacity reservation.

 

8.10 A project that meets all requirements set out in section 7.6 and 7.7 of these rules ahead of schedule, will move up in the reservation queue, ahead of a project that has delayed its progress despite earlier registration.

 

Capacity Reservation Queue

 

8.11 Initial queue positions are determined by the date of CEL acceptance, submission of a formal request for BQ and payment of the relevant CEL acceptance fee.

 

8.12 The project must also demonstrate enhanced project readiness by meeting the following:

 

a) Provision of required guarantees or security payments

b) Obtaining Environmental Authorisations

c) Obtaining land and rights

d) Having 12 months validated generation resource data (validated generation resource data means for example independently verified solar irradiance or wind speed records)

e) Having proof that confirms that it has applied for/obtained registration or a generation licence with NERSA.

 

8.13 On receipt of the above (8.11 and 8.12), the NSP shall reserve capacity for the project, and prepare and issue a BQ within the timelines stipulated in the Grid Code.

 

8.14 The BQ is valid for a period of six months (i.e. six months post BQ issue date). If it is not accepted by the Applicant within six months, the BQ expires and the capacity reservation lapses.

 

8.15 Projects failing to meet the advancement milestones within the validity period of the BQ will be removed from the queue and the reserved capacity will go to the next eligible project.

 

8.16 The NSP may, on receipt of a substantiated written request from the Applicant, grant a single extension of no more than six months for the fulfilment of the BQ requirements. The outcome of this stage is that once all the requirements are met by the Applicant (i.e. BQ accepted and payment made by the applicant), the project progresses to the capacity allocation queue.

 

Capacity Allocation Queue

 

8.17 To enter the capacity allocation queue, the project must demonstrate readiness by having fulfilled the following:

 

a) Accepted the BQ and paid the BQ acceptance fee.

b) Completed legally binding agreements such as a connection agreement, use-of-system agreement and implementation agreement.

 

8.18 Connection timelines are contractually binding and monitored for compliance.

 

8.19 On fulfilment of the above (8.18) by the Applicant, the NSP shall formally allocate capacity to the project and remove it from the competitive queue.

 

8.20 Capacity may be revoked and reallocated if the project fails to reach its milestones within the agreed timelines in the relevant agreements.

 

General Provisions/Principles on Queuing

 

8.21 All Applicants must submit an application in accordance with the process specified by the NSP, including the required technical information and applicable application/CEL fee.

 

8.22 On receipt of the application, the NSP shall validate the completeness and accuracy of the submission.

 

8.23 On successful validation, the NSP shall record the project in the project register, indicating the date on which a complete application was made.

 

8.24 The NSP is required to provide feedback on incomplete applications within 10 working days.

 

8.25 Queuing shall commence at the capacity reservation stage based on CEL acceptance and related submissions.

 

8.26 Queuing shall apply where multiple applications are received for connection capacity at a specific node or geographic area. Where no competition exists for capacity, queuing principles shall not apply.

 

8.27 Advancement from the project register to the capacity reservation queue is determined by the date of acceptance of the CEL.

 

8.28 Queue positions are non-transferable, except in cases of change of ownership.

 

8.29 Applicants must maintain their queue position in good standing by complying with:

a) all applicable requirements at each stage (e.g. agreements, documentation, financial guarantees); and

b) the prescribed deadlines.

 

8.30 Each queueing stage has defined validity periods. Failure to advance within these periods will result in removal from the queue.

 

8.31 NSP delays shall not negatively impact the Applicant, meaning Applicants may not lose their queue positions due to NSP delays.

 

8.32 Applicants may be eligible for refunds of financial security deposits if actual network upgrade costs exceed initial estimates by thresholds higher than those stated in the CEL or BQ.

 

8.33 Any disputes regarding queue positions or readiness assessments shall be referred to NERSA for adjudication.

 

8.34 If a project is ready but capacity is insufficient, it retains its queue position for the validity period of the CEL or respective stage.

 

8.35 The NSP should notify the Applicant within 10 business days once capacity becomes available again.

 

8.36 NSP shall publish a public queue status report monthly, subject to confidentiality protections.

 

8.37 Queue information must be publicly disclosed and updated monthly, and must exclude commercially sensitive data.

 

8.38 The following queue information shall be published by the NSP:

a) Project/Applicant reference number

b) Application date

c) Size/capacity applied for

d) Technology

 

e) Location e.g. substation or node

f) Status

g) Position

h) Total capacity available at key nodes

i) Total queued capacity per node

j) Timeline estimates for when capacity may become available.

 

8.39 The following information shall not be publicised by the NSP, as it is deemed to be sensitive:

 

a) Project/Applicant identity

b) Commercial/financial information

 

8.40 The NSP shall, at a minimum, update the queue information on the public tracking system monthly.

 

9. REVOCATIONS

 

9.1 The following aspects shall be the triggers for capacity revocation:

 

a) Non-compliance with project milestones within the allocated timeframe.

b) Termination of the connection agreement(s) and/or related contracts.

 

9.2 However, the NSP shall not revoke capacity for a project if the delays are caused by a force majeure event.

 

10. COMPLIANCE

 

NSPs are subject to the enforcement of these rules in accordance with the licence

conditions, and compliance will be strictly monitored and enforced by NERSA.

 

11. DISPUTES

 

Disputes shall be dealt with as contracted for, and/or referred to NERSA for resolution by means of mediation and/or arbitration.

 

12. IMPLEMENTATION DATE

 

These Rules shall be published in the Government Gazette and shall take effect immediately on publication.

 

 

LINK TO FULL NOTICE

 

Electricity Regulation Act: Grid Capacity Allocation Rules

G 53914 GoN 6982

24 December 2025

 

53914gon6982.pdf

 

 

ACTION

 

 

For Applicants (Generators, Storage, Hybrid Systems):

 

1.     Pre-feasibility Stage

 

o   Apply for a Cost Estimate Letter (CEL) and pay the required fee.

o   Demonstrate project intent (engage with landowners and environmental authorities).

 

2.     Reservation Stage

 

o   Accept CEL and provide:

§  Environmental authorisation

§  Financial guarantees

§  Verified site resource data

§  Proof of NERSA registration/licence application

 

o   Apply for a Budget Quote (BQ).

 

3.     Allocation Stage

 

o   Accept BQ and sign all required agreements.

o   Provide financial guarantees for project execution.

 

o   Submit construction schedules and engineering contracts if required.

 

4.     Maintain Queue Position

 

o   Meet deadlines and readiness criteria at each stage.

o   Request extensions (max six months) if needed.

 

 

LAW AND TYPE OF NOTICE

 

Electricity Act:

 

Electricity licence fees and levies on Piped-Gas and Petroleum Pipeline Industries for 2026/27 Financial Year: Comments invited

 

G 53915 GoN 6983

 

– Comment by 23 Jan 2026

 

24 December 2025

 

 

APPLIES TO: 

 

1. Licensed Electricity Generators

  • Any entity that holds a licence to generate electricity for supply.
  • These organizations will pay a proposed licence fee of 0.15699c/kWh for electricity generated during the previous calendar year.

 

2. Piped-Gas Industry Participants

  • Importers and producers of gas who deliver gas to the inlet flanges of transmission and distribution pipelines.
  • These entities will pay a proposed levy of 66.502c/Gj based on the volume of gas delivered.

 

3. Petroleum Pipeline Industry Participants

  • Importers, refiners, and producers of petroleum who deliver petroleum to the inlet flanges of petroleum pipelines.
  • These organizations will pay a proposed levy of 0.70991c/litre based on the volume of petroleum delivered.
 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Electricity Act: Electricity licence fees and levies on Piped-Gas and Petroleum Pipeline Industries for 2026/27 Financial Year: Comments invited

G 53915 GoN 6983

– Comment by 23 Jan 2026

24 December 2025

 

53915gon6983.pdf

 

 

ACTION

 

Ensure that you submit your comments before 23 January 2026.

 

FINANCE

 

 

LAW AND TYPE OF NOTICE

 

Revenue Laws Amendment Act 6 of 2025 (English / Afrikaans) Act 6 of 2025

 

G 53916 GoN 6984

 

24 December 2025

 

 

APPLIES TO: 

 

1. Retirement Funds and Related Entities

  • Pension Funds
  • Provident Funds
  • Retirement Annuity Funds
  • Pension Preservation Funds
  • Provident Preservation Funds
  • Government Employees Pension Fund
  • Transnet Pension Fund
  • Funds governed by the Post and Telecommunication-related Matters Act.

 

These funds must update their rules and systems to comply with new definitions and provisions regarding:

  • Member’s interest in retirement, savings, and vested components.
  • Conditions for withdrawal benefits, transfers, and annuities.
  • Treatment of deductions under section 37D of the Pension Funds Act.

 

2. Employers and Administrators

  • Employers who contribute to retirement funds and manage employee benefits.
  • Fund administrators responsible for implementing changes in calculations and reporting.

 

3. Tax Authorities and Compliance Professionals

  • South African Revenue Service (SARS) and tax practitioners must apply the amended Income Tax Act provisions when assessing retirement-related tax benefits and withdrawals.

 

Key Impact

  • Changes to how retirement interests are calculated and reduced by deductions.
  • New rules for transfers between components (retirement, savings, vested).
  • Specific provisions for members aged 55 or older on 1 March 2021.
  • Effective dates: 1 September 2024 for most changes; 1 March 2025 for certain provisions.

 

 

SUMMARY

 

General Context

 

The Act amends the Income Tax Act, 1962 and certain provisions of the Revenue Laws Amendment Act, 2024. Most changes relate to retirement fund components (retirement, savings, vested) and deductions under section 37D of the Pension Funds Act.

 

Example of Original vs Amended Text

 

1. Definition of “member’s interest in the retirement component”

 

  • Original wording (before amendment):

“…as determined in terms of the rules of the fund…”

 

  • Amended wording:

“…as determined in terms of the rules of the fund, which amount or fund return is reduced proportionally by any amount deducted from a member’s benefit or minimum individual reserve in terms of section 37D(1)(a), (b), (c), (d)(i), (d)(iA), (d)(iB) or (e) of the Pension Funds Act or similar provisions in other pension laws

 

2. Definition of “member’s interest in the savings component”

 

  • Original wording:

“…reduced proportionally by any amount deducted in terms of section 37D(1)(a), (b), (c), (d)(i)…”

 

  • Amended wording:

“…reduced proportionally by any amount deducted in terms of section 37D(1)(a), (b), (c), (d)(i), (d)(iA), (d)(iB) or (e)…

 

3. Provident Preservation Fund Proviso

 

  • Original wording:

“…a member who has transferred a retirement interest shall not be entitled to payment of a withdrawal benefit…”

 

  • Amended wording:

“…a member who has transferred a retirement interest shall not be entitled to payment of a withdrawal benefit except to the extent that it is an amount contemplated in paragraph (ii)…

 

4. Retirement Annuity Fund

 

  • Original wording:

“…on retirement not more than one-third of the member’s share standing to the credit…”

 

  • Amended wording:

“…on retirement not more than one-third of the member’s interest in the vested component may be commuted…”

 

Other Key Amendments

 

  • Added provisions for transfers between components (retirement, savings, vested).
  • Clarified treatment of members aged 55 or older on 1 March 2021.
  • Introduced limits on lump sum withdrawals and conditions for annuity payments.

 

  • Effective dates:
    • Most changes: 1 September 2024
    • Certain provisions: 1 March 2025

 

 

 

FULL TEXT

 

 

DETAILS

 

 

 

LINK TO FULL NOTICE

 

Revenue Laws Amendment Act 6 of 2025 (English / Afrikaans)

Act 6 of 2025

G 53916 GoN 6984

24 December 2025

 

53916revenu-lawsamendmentact6of2025.pdf

 

 

ACTION

 

1. Retirement Funds and Administrators

 

  • Update Fund Rules and Systems
    • Incorporate new definitions for retirement, savings, and vested components.
    • Adjust calculations for member interests to account for deductions under section 37D of the Pension Funds Act.

 

  • Implement Transfer Provisions
    • Enable transfers between components as allowed by the amendment.

 

  • Apply New Withdrawal Conditions
    • Enforce limits on lump sum withdrawals and annuity requirements.

 

  • Special Provisions for Members 55+
    • Apply rules for members aged 55 or older on 1 March 2021, including one-off contributions and restrictions.

 

2. Employers

 

  • Communicate Changes to Employees
    • Inform employees about new withdrawal and transfer rules.

 

  • Coordinate with Fund Administrators
    • Ensure payroll and HR systems align with updated retirement fund structures.

 

3. Tax Authorities and Compliance Professionals

 

  • Update Tax Assessment Processes
    • Apply amended Income Tax Act provisions for retirement-related benefits.

 

  • Ensure Accurate Reporting
    • Reflect changes in tax returns and compliance documentation.

 

4. Effective Dates

 

  • Most changes effective 1 September 2024.
  • Certain provisions effective 1 March 2025—plan system updates accordingly.

 

 

 

LAW AND TYPE OF NOTICE

 

Financial Intelligence Centre Act:

 

Directive 10 on geographic locations of head office, branch and subsidiaries: Comments invited

 

G 53873 GoN 6953

 

– Comment by 13 Feb 2026

 

19 December 2025

 

 

APPLIES TO: 

 

The Draft Directive 10 of 2025 applies to every accountable institution listed in Schedule 1 of the Financial Intelligence Centre Act (FIC Act). These are organizations that have obligations under South Africa’s anti-money laundering and counter-terrorist financing framework.

 

Types of Organizations Affected

 

Accountable institutions typically include:

 

  • Banks and other financial institutions
    • Commercial banks
    • Mutual banks
    • Cooperative banks

 

  • Insurance companies
    • Long-term insurers

 

  • Investment and securities firms
    • Stockbrokers
    • Portfolio managers

 

  • Money remitters and foreign exchange dealers
  • Credit providers
  • Attorneys and law firms
  • Trust and company service providers
  • Estate agents

 

  • Dealers in high-value goods
    • Motor vehicle dealers
    • Jewelers

 

  • Gaming and gambling institutions
  • Crypto asset service providers (recently added under amendments to the FIC Act)

 

Why They Are Affected

 

These organizations must:

 

  • Register with the Financial Intelligence Centre (FIC).
  • Provide detailed geographic information about their head office, branches, subsidiaries, and branches of subsidiaries (both in South Africa and abroad).
  • Update this information within 90 days of commencement of the directive or any subsequent changes.

 

Failure to comply will result in administrative sanctions under section 45C of the FIC Act.

 

SUMMARY

 

Purpose

 

  • Issued by the Financial Intelligence Centre (FIC) under section 43A(1) of the FIC Act.
  • Specifies the details about an accountable institution’s head office, branches, subsidiaries, and branches of subsidiaries (inside and outside South Africa) that must accompany its registration.

 

Scope

  • Applies to all accountable institutions listed in Schedule 1 of the FIC Act (e.g., banks, insurers, attorneys, estate agents, crypto asset service providers, etc.).

 

Key Requirements

 

1.     Registration Details

o   Institutions must provide full particulars for:

§  Head office

§  Branches (domestic and international)

§  Subsidiaries and their branches (domestic and international)

o   Information includes name, license number, registration number, business address, and contact person details.

 

2.     Updates

o   Existing registered institutions must update their registration within 90 days of the directive’s commencement.

o   Any changes to particulars must be updated within 90 days.

 

3.     Compliance

o   Failure to comply results in administrative sanctions under section 45C of the FIC Act.

 

Commencement

 

  • Effective on the date of publication in the Government Gazette.

 

 

FULL TEXT

 

 

DETAILS

 

CONSULTATION NOTE

 

Relating to the draft Directive 10 on information pertaining to geographic locations to be provided with registration in accordance with section 43B of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

 

FOR CONSULTATION PURPOSES ONLY

 

INTRODUCTION

 

1. The Financial Intelligence Centre (Centre) has prepared for consultation draft Directive 10 in terms of section 43A(1) of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) (FIC Act).

 

2. The draft Directive 10 is available on the Centre’s website at www.fic.gov.za

 

3. The draft Directive requires accountable institutions, as part of the registration process, to provide information regarding the head office, branches and subsidiaries in the Republic and outside the Republic to determine the geographic location for group structures.

 

4. The geographic location will assist the Centre and supervisory bodies to understand the group structure of an accountable institution and to accordingly apply risk-based supervision in a more informed manner in relation to group-wide compliance.

 

5. The information requested in the draft Directive is not intended to require accountable institutions to register branches and subsidiaries as a separate accountable institution to the head office, nor to regard such registered branches and subsidiaries as accountable institutions (if they are not a separate legal entity).

 

CONSULTATION

 

6. Commentators are invited to comment on the draft directive using the online consultation comments form only, link: https://forms.office.com/Pages/ResponsePage.aspx?id=szVSHGOkAUqWp9wmNLKqdFeq

Gu3LQAtHhSNWTYCyu29UOFFLTTNaNUk5SEFIODNVUklTV1ZPQldQOS4u.

 

Commentators may submit questions regarding the consultation of Draft Directive 10 to the Centre by email at: consult@fic.gov.za.

 

7. Submissions on the draft directive will be received until the close of business on Friday, 13 February 2026.

 

 

FOR CONSULTATION PURPOSES ONLY

 

COMMUNICATION WITH THE FIC

 

8. Queries can be directed to the compliance contact centre on 012 641 6000 and select option 1, or be submitted online by clicking on http://www.fic.gov.za/ContactUs/Pages/ComplianceQueries.aspx or visiting the Centre’s website and submitting an online compliance query.

 

Issued By:

The Acting Director

Financial Intelligence Centre

19 December 2025

 

DRAFT DIRECTIVE 10 FOR CONSULTATION PURPOSES ONLY

 

DRAFT NOTICE IN TERMS OF SECTION 43A(1) OF THE FINANCIAL INTELLIGENCE CENTRE ACT, 2001 (ACT NO. 38 OF 2001)

 

1. Title

 

Draft Directive 10 of 2025 on information pertaining to geographic locations to be provided with registration in accordance with section 43B of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001).

 

2 Purpose

 

2.1 This Directive is issued by the Financial Intelligence Centre in terms of section 43A(1) of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001).

 

2.2 The purpose of this Directive is to specify, in accordance with section 43B(2) of the Act, the particulars concerning an accountable institution’s head office, branches, subsidiaries and branches of subsidiaries in the Republic or outside the Republic that must accompany its registration in terms of section 43B(2) of the Act.

 

3. Definitions

 

3.1 In this Directive ‘the Act’ means the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001) and includes any regulation or directive made under the Act, and, unless the context otherwise indicates, any word or expression to which a meaning has been assigned in the Act has that meaning, and—

 

(a) “branch” includes, but is not limited to, an office of an accountable institution, that is not a separate legal entity or a separate accountable institution, and which is located elsewhere other than at the head office of the accountable institution, where business is conducted for and on behalf of the accountable institution;

 

(b) “head office” means the place where an accountable institution’s senior management and their direct support staff are located or, if they are located at more than one location, the place where they are primarily or predominantly located; and

 

(c) “subsidiary” means one or more subsidiaries of an accountable institution, alone or in any combination where the accountable institution—

 

(i) is directly or indirectly able to exercise, or control the exercise of, a majority of the general voting rights associated with issued securities of that subsidiary or subsidiaries, whether pursuant to a shareholder agreement or otherwise; or

(ii) has or have the right to appoint or elect, or control the appointment or election of, directors of that subsidiary or subsidiaries who control a majority of the votes at a meeting of the board.

 

4. Application

 

This Directive applies to every accountable institution referred to in Schedule 1 of the Act.

 

5. Registration of an accountable institution to be accompanied by certain particulars

 

5.1 An accountable institution that has operations in more than one geographic location must provide the following information when it registers with the Centre in terms of section 43B(1)—

(a) if it has a head office, full particulars of—

(i) the name of the head office;

(ii) the license number, if applicable;

(iii) the registration number, if applicable;

(iv) the business address of the head office; and

(v) the surname, first name and contact particulars of a contact person at the head office who may be contacted in relation to the registration of the accountable institution;

 

(b) if it has one or more branches, in respect of each branch in the Republic, full particulars of—

(i) name of the branch;

(ii) the license number, if applicable;

(iii) the registration number, if applicable;

(iv) the business address of the branch;

(v) the surname, first name and contact particulars of a contact person at the branch who may be contacted in relation to the registration of the accountable institution;

 

(c) if it has one or more branches outside the Republic, in respect of each branch outside the Republic, full particulars of—

(i) name of the branch;

(ii) the license number, if applicable;

(iii) the registration number, if applicable;

(iv) the business address of the branch; and

(v) the surname, first name and contact particulars of a contact person at the branch who may be contacted in relation to the registration of the accountable institution;

 

(d) if it has one or more subsidiaries, in respect of each subsidiary’s head office in the Republic, full particulars of—

(i) name of the head office;

(ii) the license number, if applicable;

(iii) the registration number, if applicable;

(iv) the business address of the head office; and

(v) the surname, first name and contact particulars of a contact person at the head office who may be contacted in relation to the registration of the accountable institution;

 

(e) if it has one or more subsidiaries outside the Republic, in respect of each subsidiary’s head office outside the Republic, full particulars of—

(i) name of the head office;

(ii) the license number, if applicable;

(iii) the registration number, if applicable;

(iv) the business address of the head office; and

(v) the surname, first name and contact particulars of a contact person at the head office who may be contacted in relation to the registration of the accountable institution;

 

(f) if the subsidiary of the accountable institution has one or more branches in the Republic, in respect of each branch, full particulars of—

(i) name of the branch;

(ii) the license number, if applicable;

(iii) the registration number, if applicable;

(iv) the business address of the branch; and

(v) the surname, first name and contact particulars of a contact person at the branch who may be contacted in relation to the registration of the accountable institution; and

 

(g) if the subsidiary of the accountable institution has one or more branches outside the Republic, in respect of each branch , full particulars of—

(i) name of the branch;

(ii) the license number, if applicable;

(iii) the registration number, if applicable;

(iv) the business address of the branch; and

 

(v) the surname, first name and contact particulars of a contact person at the branch who may be contacted in relation to the registration of the accountable institution.

 

5.2 Accountable institutions that are registered with the Centre on the date of commencement of this Directive must update their registration by providing the particulars mentioned in paragraph 5.1 within 90 days of the date of commencement of the Directive.

 

5.3 Accountable institutions must update the particulars provided under paragraph 5.1 within 90 days after such a change.

 

6. Failure to comply with the directive

 

An accountable institution that fails to comply with a provision of this Directive is non-compliant and is subject to an administrative sanction in accordance with section 45C of the FIC Act.

 

7. Commencement

 

This directive takes effect on the date of publication in the Gazette.

 

PIETER SMIT

ACTING DIRECTOR

FINANCIAL INTELLIGENCE CENTRE

 

 

LINK TO FULL NOTICE

 

Financial Intelligence Centre Act: Directive 10 on geographic locations of head office, branch and subsidiaries: Comments invited

G 53873 GoN 6953

– Comment by 13 Feb 2026

19 December 2025

 

53873-gon6953.pdf

 

 

ACTION

 

1. Review and Prepare Geographic Information

 

  • Collect and verify details for:
    • Head office (name, license number, registration number, address, contact person).
    • Branches (domestic and international).

 

    • Subsidiaries and their branches (domestic and international).

 

  • Ensure contact persons are designated for each location.

 

2. Update Registration with the Financial Intelligence Centre

 

  • If already registered:
    • Submit the required geographic particulars within 90 days of the directive’s commencement.

 

  • If registering for the first time:
    • Include all required details during initial registration.

 

3. Maintain Ongoing Compliance

 

  • Update the FIC within 90 days of any changes to:
    • Branch locations
    • Subsidiary details
    • Contact person information

 

4. Internal Compliance Measures

 

  • Assign responsibility to compliance officers for monitoring changes.
  • Update internal systems and policies to capture geographic data for reporting.
  • Train staff on new reporting obligations.

 

5. Avoid Penalties

 

  • Non-compliance will result in administrative sanctions under section 45C of the FIC Act.

 

 

 

 

LAW AND TYPE OF NOTICE

 

Public Finance Management Act:

 

Rate of interest on Government Loans from 1 January 2026

 

G 53873 GeN 3707

 

19 December 2025

 

 

APPLIES TO: 

 

  Government Departments and Public Entities

  • Departments drawing loans from State funds.
  • State-owned enterprises (SOEs) financed through government loans.

 

  Municipalities and Local Government Bodies

  • Municipalities that receive loans from the Revenue Fund for infrastructure or operational financing.

 

  Development Finance Institutions

  • Entities like the Development Bank of Southern Africa (DBSA) or similar institutions funded by State loans.

 

  Any Organization or Individual with Debt Obligations to the Revenue Fund

  • This includes entities that must repay funds into the Revenue Fund under agreements or statutory obligations.
 

FULL TEXT

 

 

DETAILS

 

NATIONAL TREASURY

 

NOTICE 3707 OF 2025

 

RATE OF INTEREST ON GOVERNMENT LOANS

 

It is hereby notified that the Minister of Finance has, in terms of Section 80(1)(a) and (b) of the Public Finance Management Act, 1999 (Act No. 1 of 1999), fixed the Standard Interest Rate applicable, from 1 January 2026 and until further notice, to loans granted by the State out of a Revenue Fund, and /or to all other debts which must be paid into a Revenue Fund, at ten, two five percent (10,25%) per annum.

 

The above-mentioned Standard Interest Rate is applicable from 1 January 2026 and until further notice, to all drawings of loans from State money, except loans in respect of which other rates of interest are specifically authorized by legislation or the Minister of Finance.

 

 

LINK TO FULL NOTICE

 

Public Finance Management Act: Rate of interest on Government Loans from 1 January 2026

G 53873 GeN 3707

19 December 2025

 

53873gen3707.pdf

 

 

LAW AND TYPE OF NOTICE

 

Financial Sector Regulation Act:

 

General Finance Laws (Official Benchmarks and Procurement) Amendment Bill: Explanatory summary: Extension of deadline for comments

 

G 53873 GoN 6958

 

– Comment by 23 Jan 2026

 

19 December 2025

 

 

APPLIES TO: 

 

  Government Departments and Public Entities

  • Entities involved in procurement processes and financial management under the Public Finance Management Act (PFMA) and Municipal Finance Management Act (MFMA).

 

  State-Owned Enterprises (SOEs)

  • Organizations that follow official procurement frameworks and financial benchmarks.

 

  Municipalities and Local Government Bodies

  • Responsible for compliance with procurement laws and financial standards.

 

  Financial Institutions and Benchmark Administrators

  • Banks and other institutions that use or manage official benchmarks referenced in government finance laws.

 

  Suppliers and Service Providers to Government

  • Businesses participating in public procurement processes.

 

  Auditing and Compliance Firms

  • Entities advising on procurement compliance and financial benchmarks.
 

FULL TEXT

 

 

DETAILS

 

NATIONAL TREASURY

 

NO. 6958 19 December 2025

 

EXTENSION OF PERIOD TO SUBMIT COMMENTS ON DRAFT GENERAL FINANCE LAWS (OFFICIAL BENCHMARKS AND PROCUREMENT) AMENDMENT BILL, 2025

 

The period within which written comments may be submitted, as specified in Government Notice No. 6891 published under Government Gazette No. 53762 of 1 December 2025, on the draft General Finance Laws (Official Benchmarks and Procurement) Amendment Bill, 2025, is hereby extended to 23 January 2026.

 

 

LINK TO FULL NOTICE

 

Financial Sector Regulation Act: General Finance Laws (Official Benchmarks and Procurement) Amendment Bill: Explanatory summary: Extension of deadline for comments

G 53873 GoN 6958

– Comment by 23 Jan 2026

19 December 2025

 

53873-gon6958.pdf

 

 

ACTION

 

Ensure that you submit your comments before 23 January 2026.

 

 

 

LAW AND TYPE OF NOTICE

 

Financial Markets Act: JSE

 

Interest Rate and Currency Derivatives Rules: Central Securities Depository (CSD) Naming Convention: Approved amendments

 

G 53814 BN 862

 

12 December 2025

 

 

APPLIES TO: 

 

1. JSE Member Firms

  • Brokerage firms and trading members that execute trades in equities and derivatives.
  • These firms must comply with updated JSE Equities rules and Interest Rate & Currency Derivatives rules.

 

2. Clearing and Settlement Participants

  • Central Securities Depository Participants (CSDPs) and clearing members who handle post-trade processes.

 

3. Listed Companies

  • Companies whose shares are listed on the JSE, as rule changes may affect disclosure, trading, and compliance obligations.

 

4. Market Makers and Derivatives Participants

  • Entities involved in interest rate and currency derivatives trading, including banks and financial institutions.

 

5. Compliance and Legal Advisory Firms

  • Organizations providing regulatory compliance services to JSE members and listed entities.

 

6. Institutional Investors

  • Asset managers, pension funds, and investment firms that trade on JSE platforms and need to understand rule changes.
 

FULL TEXT

 

 

DETAILS

 

BOARD NOTICE 862 OF 2025

 

NOTICE OF 2025

 

FINANCIAL SECTOR CONDUCT AUTHORITY

 

FINANCIAL MARKETS ACT, 2012

 

APPROVED AMENDMENTS TO THE JSE INTEREST RATE AND CURRENCY DERIVATIVES RULES: CENTRAL SECURITIES DEPOSITORY (CSD) NAMING CONVENTION

 

The Financial Sector Conduct Authority (“FSCA”) hereby gives notice under section 71(3)(c) of the Financial Markets Act, 2012 (Act No. 19 of 2012) that the amendments to the JSE Rules have been approved. Please be advised that the Rules have been published on the website of the FSCA (www.fsca.co.za) and the website of JSE Ltd (www.jse.co.za).

 

The amendments come into operation on the date of publication.

 

Ms Kedibone Dikokwe

Divisional Executive

Market Integrity and Decision Sciences

 

 

Dear Member,

 

Members are referred to Market Notice 219A/2025, 219B/2025 and 219C/2025 dated 2 July 2025 that contained the proposed amendments to the JSE Equities rules and directives and Interest Rate and Currency Derivatives rules and directives. The rationale behind these approved amendments is explained in Market Notice 219/2025 that was issued on 2 July 2025.

 

On 12 December 2025, the Registrar of Securities Services, in terms of section 71(3)(c) of the Financial Markets Act, approved the amendments to the JSE Equities rules and Interest Rate and Currency Derivatives rules, which came into effect on the same date.

 

In addition, the JSE Rules Committee, in terms of section 2.60.5 of the JSE Equities rules and section 1.80.5 of the JSE Interest Rate and Currency Derivatives rules, approved the amendments to the JSE Equities directives and JSE Interest Rate and Currency Derivatives directives, which also came into effect on 12 December 2025.

 

We have attached hereto the following documents: –

 

·       The approved amendments to the JSE Equities rules and directives (Annexure A);

·       The approved amendments to the JSE Interest Rate and Currency Derivatives rules and directives (Annexure B);

·       Board Notice 862 of 2025 containing the Registrar’s approval of the amendments to the JSE Interest Rate and Currency Derivatives rules (Annexure C); and

·       Board Notice 863 of 2025 containing the Registrar’s approval of the amendments to the JSE Equities rules (Annexure D).

 

Should you have any queries regarding this Market Notice, please contact Shuayb Mohamed on (011) 520 7824 or at ShuaybM@jse.co.za

 

This Market Notice is available on the JSE website at: JSE Market Notices

 

 

LINK TO FULL NOTICE

 

Financial Markets Act: JSE Interest Rate and Currency Derivatives Rules: Central Securities Depository (CSD) Naming Convention: Approved amendments

G 53814 BN 862

12 December 2025

 

53814bn862.pdf

 

 

ACTION

 

1. Review and Understand the Amendments

 

  • Obtain and study the approved amendments to:
    • JSE Equities Rules and Directives
    • Interest Rate and Currency Derivatives Rules and Directives

 

  • Identify changes that impact trading, reporting, risk management, and compliance processes.

 

2. Update Internal Policies and Procedures

 

  • Align internal compliance manuals and operational procedures with the new rules.
  • Update risk management frameworks for derivatives and equities trading.

 

3. Train Staff

 

  • Conduct training sessions for:
    • Traders
    • Compliance officers
    • Operations and settlement teams
  • Ensure they understand new requirements and timelines.

 

4. System and Technology Adjustments

  • Modify trading platforms, clearing systems, and reporting tools to reflect rule changes.
  • Test systems for compliance with updated directives.

 

5. Communicate with Clients

 

  • Inform institutional and retail clients about any changes that affect their trading or reporting obligations.
  • Update client agreements if necessary.

 

6. Engage with JSE and Regulators

 

  • Contact JSE for clarification on complex amendments.
  • Ensure timely submission of any required confirmations or compliance attestations.

 

7. Monitor Compliance

 

  • Implement internal audits or compliance checks to verify adherence to new rules.
  • Prepare for potential regulatory reviews or inspections.

 

 

 

LAW AND TYPE OF NOTICE

 

Financial Markets Act: JSE Debt and Specialist Securities Listing Requirements: Central Securities Depository (CSD) Naming Convention: Approved amendments

 

G 53814 BN 864

 

12 December 2025

 

 

APPLIES TO: 

 

1. Issuers of Debt and Specialist Securities

  • Companies issuing bonds, notes, or other debt instruments for listing on the JSE.
  • They must comply with new obligations, including approval by the central securities depository (CSD) and adherence to CSD rules.

 

2. Central Securities Depository (CSD)

  • The entity responsible for maintaining securities ownership records and settlement.
  • Must implement the updated naming conventions and ensure compliance with JSE directives.

 

3. Central Securities Depository Participants (CSDPs)

  • Authorized participants performing electronic settlement of funds and debt securities under section 31 of the Financial Markets Act.
  • Required to adapt systems and processes to align with the amended requirements.

 

4. Debt Sponsors and Designated Persons

  • Entities that assist issuers in submitting applications for listing debt and specialist securities.
  • Must ensure all required documentation, including CSD confirmations, is provided.

 

5. Holders of Debt Securities

  • Investors whose holdings are recorded in the CSD registry.
  • While not directly responsible for compliance, they are indirectly affected by changes in settlement and redemption processes.
 

FULL TEXT

 

 

DETAILS

 

BOARD NOTICE 864 OF 2025

 

NOTICE OF 2025

 

FINANCIAL SECTOR CONDUCT AUTHORITY

 

FINANCIAL MARKETS ACT, 2012

 

APPROVED AMENDMENTS TO THE JSE DEBT AND SPECIALIST SECURITIES LISTING REQUIREMENTS: CENTRAL SECURITIES DEPOSITORY (CSD) NAMING CONVENTION

 

The Financial Sector Conduct Authority (“FSCA”) hereby gives notice under section 11(6)(d)(ii) of the Financial Markets Act, 2012 (Act No. 19 of 2012) that the amendments to the JSE Listing Requirements have been approved. Please be advised that the Listing Requirements have been published on the website of the FSCA (www.fsca.co.za) and the website of JSE Limited (www.jse.co.za).

 

The amendments come into operation on the date of publication.

 

Ms Kedibone Dikokwe

 

Divisional Executive

Market Integrity and Decision Sciences

 

 

LINK TO FULL NOTICE

 

Financial Markets Act: JSE Debt and Specialist Securities Listing Requirements: Central Securities Depository (CSD) Naming Convention: Approved amendments

G 53814 BN 864

12 December 2025

 

53814bn864.pdf

 

 

ACTION

 

1. Issuers of Debt and Specialist Securities

  • Obtain CSD Approval

Ensure your organization is approved by the central securities depository (CSD) and complies with its rules before listing.

 

  • Update Listing Documentation

Include confirmation from the CSD that you are authorized as a participant when submitting applications to the JSE.

 

  • Comply with Continuing Obligations
    • Maintain a transfer office for certificated securities.
    • For dematerialized securities, adhere to CSD rules and directives.

 

  • Credit-Linked Notes

Announce redemption details on SENS and notify the JSE and CSD promptly when a credit event occurs.

 

2. Central Securities Depository (CSD)

 

  • Implement Naming Convention Changes

Update internal systems and processes to reflect the amended naming standards.

 

  • Coordinate with JSE and CSDPs

Ensure smooth integration of new requirements for clearing and settlement.

 

3. Central Securities Depository Participants (CSDPs)

 

  • Update Settlement Processes

Adapt electronic settlement systems to comply with the amended requirements.

 

  • Ensure Compliance with CSD Rules

Review and align internal procedures with updated directives.

 

4. Debt Sponsors and Designated Persons

 

  • Assist Issuers with Compliance

Verify that all required documents, including CSD authorization, are submitted during listing applications.

 

  • Update Advisory Frameworks

Incorporate new requirements into client guidance and application processes.

 

5. Internal Compliance Measures

 

  • Train staff on new obligations.
  • Update operational manuals and technology systems.
  • Monitor compliance regularly to avoid penalties or delays in listing.

 

 

LAW AND TYPE OF NOTICE

 

Public Finance Management Act:

 

Exemption: Durban container terminal pier 2 – special

 

G 53816 GoN 6922

 

09 December 2025

 

 

APPLIES TO: 

 

  Durban Container Terminal Pier 2 – Special Purpose Vehicle (SPV)

  • This entity is explicitly exempted from PFMA provisions for 25 years.

 

  Transnet SOC Limited

  • As the SPV is under Transnet’s ownership control, Transnet will be affected in terms of governance and oversight responsibilities.

 

  Government Departments and Public Entities dealing with PFMA compliance

  • Entities interacting with the SPV or Transnet for financial reporting, procurement, or oversight will need to adjust processes since PFMA requirements do not apply to this SPV.

 

  Auditors and Compliance Firms

  • Organizations responsible for auditing or ensuring PFMA compliance for state-owned entities will need to note this exemption.
 

FULL TEXT

 

 

DETAILS

 

 

 

LINK TO FULL NOTICE

 

Public Finance Management Act: Exemption: Durban container terminal pier 2 – special

G 53816 GoN 6922

09 December 2025

 

53816gon6922.pdf

 

 

ACTION

 

For the SPV (Durban Container Terminal Pier 2)

 

  • Implement governance framework outside PFMA

Since the SPV is exempt from PFMA provisions for 25 years, it must establish alternative governance, financial management, and reporting standards that ensure accountability.

 

  • Update internal policies

Remove PFMA compliance requirements and replace them with applicable corporate governance standards (e.g., Companies Act, King IV principles).

 

  • Communicate exemption status

Inform stakeholders, lenders, and partners that PFMA does not apply, but other regulatory obligations remain.

 

For Transnet SOC Limited

 

  • Adjust oversight responsibilities

Ensure that Transnet’s governance structures reflect the exemption and apply appropriate internal controls for the SPV.

 

  • Update reporting frameworks

Modify consolidated reporting to account for the SPV’s exemption from PFMA compliance.

 

For Government Departments & Regulators

 

  • Update compliance monitoring

Exclude the SPV from PFMA-based audits and reporting requirements.

 

  • Ensure alternative accountability measures

Confirm that the SPV adheres to other legal and regulatory frameworks.

 

For Auditors & Compliance Firms

 

  • Revise audit scope

Remove PFMA compliance checks for the SPV and apply alternative standards.

 

  • Advise on risk management

Ensure financial controls and governance remain robust despite PFMA exemption.

 

 

 

HEALTH AND SAFETY

 

 

LAW AND TYPE OF NOTICE

 

Firearms Control Act:

 

Notice: Representations invited

 

G 53829 GoN 6935

 

– Comment by 28 Dec 2025

 

10 December 2025

 

 

APPLIES TO: 

 

1. Firearm Dealers and Gunsmiths

  • Businesses that sell, repair, or manufacture firearms and firearm parts.
  • They may have claims on surrendered firearms or parts.

 

2. Security Companies

  • Private security firms that own firearms for operational purposes.
  • They may need to verify if any surrendered firearms belong to them.

 

3. Hunting and Sporting Associations

  • Organizations that manage licensed firearms for hunting or sport shooting.
  • They may have members whose firearms are listed for destruction.

 

4. Collectors and Firearm Associations

  • Entities that maintain collections of historical or specialized firearms.
  • They may need to make representations to prevent destruction of collectible items.

 

5. Law Enforcement and Government Agencies

  • South African Police Service (SAPS) and related bodies responsible for enforcing the Firearms Control Act and managing surrendered firearms.

 

 

FULL TEXT

 

 

DETAILS

 

 

 

 

LINK TO FULL NOTICE

 

Firearms Control Act: Notice: Representations invited

G 53829 GoN 6935

– Comment by 28 Dec 2025

10 December 2025

 

53829gon6936.pdf

 

 

ACTION

 

1. Firearm Dealers, Gunsmiths, and Security Companies

 

  • Check the SAPS List

Review the list of firearms, ammunition, and parts intended for destruction on the SAPS website (http://www.saps.gov.za).

 

  • Identify Ownership or Claims

Determine if any listed items belong to your organization or were surrendered under your control.

 

2. Hunting, Sporting, and Collector Associations

 

  • Verify Member Firearm

Inform members to check the list and confirm if any of their firearms are scheduled for destruction.

 

  • Assist with Representation

Help members prepare documentation to claim ownership or request preservation.

 

 

3. Action for All Claimants

  • Submit Representations Within 21 Days

If you have a valid claim, make written representations to the National Commissioner (Registrar) explaining why the firearm, ammunition, or parts should not be destroyed.

 

  • Submission Methods:

 

    • By Post:

The National Commissioner (Registrar)
South African Police Service
Private Bag X811
Pretoria, 0001

 

    • By Hand:
      Office No. 29, 2nd Floor
      Suncardia Shopping Centre
      Cnr Steve Biko and Stanza Bopape Streets
      Arcadia, Pretoria, 0001
    • By Email: NgobeniSamson@saps.gov.za

 

4. Prepare Supporting Documentation

 

  • Proof of ownership or legal claim.
  • Any relevant permits or licenses.
  • Explanation for why the item should not be destroyed (e.g., historical value, pending legal process).

 

LABOUR

 

 

LAW AND TYPE OF NOTICE

 

Labour Relations Act: Bargaining Council Agreements

 

 

LINK TO FULL NOTICE

 

Labour Relations Act: Bargaining Council for the Motor Industry: Extension to non-parties of the Main Collective Agreement

G 53822 RG 11917 GoN 6927

12 December 2025

 

53822reg11917gon6927.pdf

 

Labour Relations Act: National Bargaining Council for the Chemical Industry: Extension to non-parties of the Pharmaceutical Sector Collective Agreement: Representations invited

G 53822 RG 11917 GoN 6929

– Comment by 02 Jan 2026

12 December 2025

 

53822reg11917gon6929.pdf

 

Labour Relations Act: Building Bargaining Council, North and West Boland: Extension of Main Amending Collective Agreement to non-parties

G 53822 RG 11917 GoN 6931

12 December 2025

 

53822reg11917gon6931.pdf

 

Labour Relations Act: Application for variation of registered scope of Statutory Council for the Squid and Other Fisheries of South Africa

G 53830 RG 11918 GoN 6937

12 December 2025

 

53830rg11918gon6937.pdf

 

Labour Relations Act: Motor Industry Bargaining Council: Extension to non-parties of the Administrative Collective Agreement

G 53822 RG 11917 GoN 6924

12 December 2025

 

53822reg11917gon6924.pdf

 

Labour Relations Act: National Bargaining Council for the Chemical Industry: Extension to non-parties of the Glass Sector Collective Agreement

G 53822 RG 11917 GoN 6926

12 December 2025

 

53822reg11917gon6926.pdf

 

Labour Relations Act: National Bargaining Council for the Chemical Industry: Extension to non-parties of the Petroleum Sector Collective Agreement

G 53822 RG 11917 GoN 6928

12 December 2025

 

53822reg11917gon6928.pdf

 

 

LAW AND TYPE OF NOTICE

 

National Minimum Wage Act:

 

Investigation into National Minimum Wage: Comments invited

 

G 53844 RG 11919 GoN 6943

 

11 December 2025

 

 

APPLIES TO: 

 

1. Employers Across All Sectors

  • Private Sector Businesses: Especially those employing low-wage workers in industries such as trade, retail, hospitality, agriculture, and domestic work.
  • Small, Medium, and Micro Enterprises (SMMEs): These are particularly sensitive to wage adjustments due to limited financial buffers.
  • New Enterprises: Start-ups and emerging businesses that need to comply with minimum wage regulations.

 

2. Public Sector and Government Programs

  • Entities involved in Expanded Public Works Programme (EPWP) and similar initiatives, as these programs often employ workers at or near the minimum wage level.

 

3. Employer Organizations and Industry Associations

  • Agricultural associations, manufacturing councils, and other employer bodies that represent sectors with high labor intensity.

 

4. Trade Unions and Worker Advocacy Groups

  • Unions representing workers in sectors like domestic work, farming, construction, and retail, where minimum wage compliance is critical.

 

5. Collective Bargaining Councils

  • Councils that negotiate wage agreements for specific industries, as they often align their lowest wage tiers with the national minimum wage.

 

6. Informal Sector Operators

  • While compliance is challenging, informal businesses employing workers are still legally bound by minimum wage regulations.

 

7. Non-Profit Organizations and NGOs

  • Particularly those involved in labor rights, poverty alleviation, and economic development, as they may advocate for or monitor compliance.
 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF EMPLOYMENT AND LABOUR

NO. R. 6943 11 December 2025

 

National Minimum Wage Commission proposal for 2026 adjustment

No. R. Date:

 

NATIONAL MINIMUM WAGE ACT NO. 9 OF 2018

 

INVESTIGATION INTO THE NATIONAL MINIMUM WAGE INVITATION FOR WRITTEN REPRESENTATIONS

 

I, Imraan Valodia, Chairperson of the National Minimum Wage Commission, hereby present the Commission’s report and recommendations on the annual review of the national minimum wage and hereby invite written representations in respect of the recommendations in accordance with section 6(2) of the National Minimum Wage Act, No. 9 of 2018.

 

Such representations should reach the directorate: Employment Standards, Department of Employment and Labour, Private Bag X117, Pretoria, 0001 or be sent to nmwreview@labour.gov.za by 12 January 2026.

……………………………………………………………

Professor Imraan Valodia

CHAIRPERSON: NATIONAL MINIMUM WAGE COMMISSION

DATE: 10 December 2025

 

 

LINK TO FULL NOTICE

 

National Minimum Wage Act: Investigation into National Minimum Wage: Comments invited

G 53844 RG 11919 GoN 6943

11 December 2025

 

53844rg11919gon6943.pdf

 

 

ACTION

 

Ensure that you submit your comments before 12 January 2026.

 

 

LEGAL

 

 

LAW AND TYPE OF NOTICE

 

Rules Board for Courts of Law Act: Rules:

 

Conduct of proceedings of the Magistrates’ Courts of South Africa: Amendment (English / Afrikaans)

 

G 53897 RG 11922 GoN 6974

 

24 December 2025

 

 

APPLIES TO: 

 

1. Courts and Judicial Bodies

  • Magistrates’ Courts across South Africa, as these rules govern their procedures.
  • Rules Board for Courts of Law, which oversees procedural rules.

 

2. Legal Profession

  • Law firms and attorneys who practice in Magistrates’ Courts.
  • Advocates appearing in these courts.
  • Legal aid organizations providing representation in lower courts.

 

3. Government and Public Institutions

  • Department of Justice and Constitutional Development (already mentioned as issuing authority).
  • Commissioners of Oaths and Justices of the Peace, since the definition of “affidavit” references their role under the Justices of the Peace and Commissioners of Oaths Act.

 

4. Corporates and Businesses

  • Any company or organization involved in litigation in Magistrates’ Courts (e.g., debt collection, contractual disputes).

 

5. NGOs and Civil Society

  • Human rights organizations and community legal services that assist individuals in Magistrates’ Court matters.
 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

 

NO. R. 6974 24 December 2025

 

RULES BOARD FOR COURTS OF LAW ACT, 1985 (ACT NO. 107 OF 1985)

 

AMENDMENT OF RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE MAGISTRATES’ COURTS OF SOUTH AFRICA

 

The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), and with the approval of the Minister of Justice and Constitutional Developments, made the rules in the Schedule.

 

SCHEDULE

 

GENERAL EXPLANATORY NOTE:

 

[ ] Words or expressions in bold type in square brackets indicate omissions from the existing rules.

____ Words or expressions underlined with a solid line indicate insertions into the existing rules.

 

Definition

 

1. In this Schedule “the Rules” means the Rules Regulating the Conduct of the Proceedings of the Magistrates’ Courts of South Africa published under Government Notice No. R. 740 of 23 August 2010, as amended by Government Notice Nos. R. 1222 of 24 December 2010, R. 611 of 29 July 2011, R. 1085 of 30 December 2011, R. 685 of 31 August 2012, R. 115 of 15 February 2013, R. 263 of 12 April 2013, R. 760 of 11 October 2013, R. 183 of 18 March 2014, R. 215 of 28 March 2014, R. 507 of 27 June 2014, R. 571 of 18 July 2014, R. 5 of 9 January 2015, R. 32 of 23 January 2015, R. 33 of 23 January 2015, R. 318 of 17 April 2015, R. 545 of 30 June 2015, R. 2 of 19 February 2016, R. 1055 of 29 September 2017, R. 1272 of 17 November 2017, R. 632 of 22 June 2018, R. 1318 of 30 November 2018, R. 842 of 31 May 2019, R. 1343 of 18 October 2019, R. 107 of 7 February 2020, R. 858 of 7 August 2020, R. 1156 of 30 October 2020, R. 1602 of 17 December 2021, R. 2134 of 3 June 2022, R. 2298 of 22 July 2022, R. 2414 of 26 August 2022, R. 2434 of 2 September 2022, R. 3371 of 5 May 2023, R. 3399 of 12 May 2023, R. 4476 of 8 March 2024, R. 5127 of 16 August 2024, R. 5559 of 22 November 2024, R. 6231 of 30 May 2025, R. 6232 of 30 May 2025, R. 6505 of 15 August 2025, R. 6752 of 24 October 2025 and R. 6825 of 14 November 2025.

 

Amendment of rule 2 of Rules

 

2. Rule 2 of the Rules is hereby amended by the insertion before the definition of “apply” of the following definition:

 

“‘affidavit’ means a written statement made—

 

(a) under oath or affirmation; or

(b) by solemn or attested declaration; contemplated in section 7 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963), confirming that the information within the statement is a true and accurate representation of the facts;”.

 

Commencement

 

3. This Rule comes into operation on 30 January 2026.

 

 

LINK TO FULL NOTICE

 

Rules Board for Courts of Law Act: Rules: Conduct of proceedings of the Magistrates’ Courts of South Africa: Amendment (English / Afrikaans)

G 53897 RG 11922 GoN 6974

24 December 2025

 

53897rg11922gon6974.pdf

 

 

ACTION

 

Take note of the amendment.

 

 

 

LAW AND TYPE OF NOTICE

 

Rules Board for Courts of Law Act: Rules:

 

Conduct of proceedings of the Provincial and Local Divisions of the High Court of South Africa: Amendment (English / Afrikaans)

 

G 53897 RG 11922 GoN 6975

 

24 December 2025

 

 

APPLIES TO: 

 

1. Judicial and Court Structures

  • High Courts of South Africa (Provincial and Local Divisions), as these rules govern their procedures.
  • Rules Board for Courts of Law, which oversees procedural rules.
  • Registrars and Service Desks within High Courts, since they will implement the e-Justice system.

 

2. Legal Profession

  • Law firms, attorneys, and advocates who litigate in High Courts.
  • Legal aid organizations and public defenders involved in High Court matters.

 

3. Government and Public Institutions

  • Department of Justice and Constitutional Development (issuing authority).
  • Director of Public Prosecutions (mentioned in appeal procedures).
  • Correctional Services, as rules include provisions for serving documents on incarcerated appellants.

 

4. Corporates and Businesses

  • Companies involved in litigation in High Courts (e.g., commercial disputes, appeals).
  • Banks and financial institutions that frequently engage in High Court proceedings.

 

5. Technology and Service Providers

  • E-Justice system operators and IT service providers, since the rules introduce electronic filing, service, and case management.

 

6. Civil Society and NGOs

  • Human rights organizations and community legal services assisting individuals in High Court matters.
 

SUMMARY

 

Summary of the Amendment

The amendment updates the Rules Regulating the Conduct of Proceedings of the Provincial and Local Divisions of the High Court of South Africa to:

 

  • Introduce and regulate the e-Justice system for electronic filing, service, and case management.
  • Define new terms such as e-justice system, registered user, PDF, electronic communication, and service desk.
  • Update existing definitions like deliver, registrar, and party to include electronic processes.

 

  • Insert new rules (1A and 1B) detailing:
    • Scope and application of the e-Justice system.
    • Requirements for registered users (email address, document formatting, etc.).
    • Rules for uploading documents (PDF only, size limits, legibility).
    • Handling of exhibits, hyperlinks, and hard copies.
    • Procedures for appeals, reviews, and urgent applications under the e-Justice system.

 

 

  • Amend multiple existing rules (4A, 6, 37, 37A, 49, 49A, 50, 51, 52, 53, 62) to:
    • Allow electronic service and filing.
    • Adjust timelines and responsibilities for appeals and case management.
    • Provide for electronic bundles and access to court files.

 

Commencement: 30 January 2026.

 

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

 

NO. R. 6975 24 December 2025

 

RULES BOARD FOR COURTS OF LAW ACT, 1985 (ACT NO. 107 OF 1985) AMENDMENT OF THE RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE PROVINCIAL AND LOCAL DIVISIONS OF THE HIGH COURT OF SOUTH AFRICA

 

The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), and with the approval of the Minister for Justice and Constitutional Development, made the rules in the Schedule.

 

Please click on the link provided below to view the full document.

 

 

LINK TO FULL NOTICE

 

Rules Board for Courts of Law Act: Rules: Conduct of proceedings of the Provincial and Local Divisions of the High Court of South Africa: Amendment (English / Afrikaans)

G 53897 RG 11922 GoN 6975

24 December 2025

 

53897rg11922gon6975.pdf

 

 

ACTION

 

1. High Courts and Judicial Structures

 

  • Implement the e-Justice system where applicable.
  • Train registrars and service desk staff on new electronic filing and service procedures.
  • Set up service desks to assist litigants with scanning, PDF conversion, and registration.

 

2. Law Firms, Attorneys, and Advocates

 

  • Register as users on the e-Justice system for divisions where it is operational.

 

  • Update internal processes to:
    • File and serve documents electronically in PDF format.
    • Maintain electronic mail addresses and accurate contact details.

 

  • Train staff on e-Justice compliance (uploading, formatting, deadlines).
  • Prepare for electronic bundles for trials and appeals. 

3. Government Departments (Justice, DPP, Correctional Services)

 

  • Ensure integration with e-Justice system for appeals and criminal matters.
  • Update protocols for serving documents on incarcerated appellants (hard copy + electronic).
  • Provide electronic copies of records where required.

 

4. Corporates and Businesses

 

  • Engage legal teams to confirm readiness for electronic filing in High Court litigation.
  • Ensure document management systems can produce compliant PDFs.

 

5. Technology and Service Providers

 

  • Support courts and law firms with secure PDF conversion, e-filing, and system integration.
  • Ensure cybersecurity measures for sensitive case data.

 

6. NGOs and Civil Society

 

  • Assist clients with registration on the e-Justice system.
  • Educate communities about electronic filing and service requirements.

 

Key Compliance Steps for All

 

  • Register on the e-Justice system (where operational).
  • Maintain an electronic mail address and update details within 24 hours of changes.
  • Ensure all documents are in PDF format, legible, and meet size limits.
  • Prepare for hybrid filing (electronic + hard copy) where required.
  • Train staff on new timelines and procedures for appeals, reviews, and urgent applications.

 

 

LAW AND TYPE OF NOTICE

 

Legal Practice Act:

 

2026 fees

 

G 53814 GeN 3682

 

12 December 2025

 

 

APPLIES TO: 

 

Legal Practitioners

 

FULL TEXT

 

 

DETAILS

 

 

 

 

LINK TO FULL NOTICE

 

Legal Practice Act: 2026 fees

G 53814 GeN 3682

12 December 2025

 

53814gen3682.pdf

 

 

ACTION

 

Ensure that you take note of the 2026 fees.

 

 

MEDICAL

 

 

LAW AND TYPE OF NOTICE

 

Pharmacy Act:

 

Rules and guidelines relating to services for which pharmacists may levy a fee

 

G 53871 BN 868

 

17 December 2025

 

 

APPLIES TO: 

 

1. Community and Institutional Pharmacies

  • Community pharmacies (retail pharmacies serving the public).
  • Private and public institutional pharmacies (hospital, clinic, and healthcare facility pharmacies).
  • Mobile pharmacies as referenced in Good Pharmacy Practice (GPP) standards.

 

2. Pharmacy Professionals and Support Staff

  • Pharmacists (including those with supplementary training for services like immunisation, family planning, PCDT, and PIMART).
  • Pharmacy support personnel registered under the Pharmacy Act.
  • Pharmacists registered as specialists (e.g., pharmacokinetics).

 

3. Healthcare Collaborators

  • Registered nurses and other healthcare professionals who collaborate with pharmacists for certain services.

 

4. Medical Schemes and Pharmaceutical Benefit Managers (PBMs)

  • Entities involved in chronic medicine authorisation and reimbursement processes.

 

5. Training and Accreditation Bodies

  • Institutions providing continuing professional development (CPD) and supplementary training for pharmacists.

 

6. Courier and Delivery Service Providers

  • Where pharmacies outsource medicine delivery services to patients.

 

 

FULL TEXT

 

 

DETAILS

 

BOARD NOTICE 868 OF 2025

 

SOUTH AFRICAN PHARMACY COUNCIL

 

RULES RELATING TO THE SERVICES FOR WHICH A PHARMACIST MAY LEVY A FEE AND GUIDELINES FOR LEVYING SUCH A FEE OR FEES

 

The South African Pharmacy Council herewith publishes Rules relating to the services for which a pharmacist may levy a fee and guidelines for levying such fee or fees, in terms of sections 35A (b)(iii) and 49(4) of the Pharmacy Act, 1974 (Act 53 of 1974) as amended, which rules shall replace the existing Rules relating to the services for which a pharmacist may levy a fee and guidelines for levying such fee or fees, as published under Board Notice 193 on 20 December 2010. These rules must be read in conjunction with the Rules relating to Good Pharmacy Practice (GPP) as published by the South African Pharmacy Council.

 

As amended by

 

BN 33, in GG 35095 of 2 March 2012

BN 432, in GG 40812 of 6 June 2017

BN 35, in GG 42337 of 29 March 2019

BN 27, in GG 43073 of 6 March 2020

BN 69, in GG 44822 of 9 July 2021

BN 287, in GG 46471 of 3 June 2022

BN 294, in GG 46543 of 10 June 2022

BN 358, GG 47926 of 27 January 2023

BN 539, GG 49944 of 29 December 2023

BN 754, GG 52264 of 11 March 2025

 

SCHEDULE

 

Services for which a pharmacist may levy a fee or fees

 

1. A pharmacist may levy a fee or fees for one or more of the services that may be provided in the various categories of pharmacies as prescribed in the Regulations relating to the practice of pharmacy (GNR.1158 of 20 November 2000), subject to the guidelines for levying such a fee as approved by the Council from time to time.

 

2. A pharmacist who wishes to levy a fee or fees for the services referred to in Annexure B must comply with the provisions of these rules.

 

3. Services for which a pharmacist wishes to levy a fee or fees must be provided in accordance with Regulation 20 of the Regulations relating to the practice of pharmacy (GNR.1158 of 20 November 2000).

 

4. Council may add services for which a fee or fees may be levied as listed in Annexure B to the Schedule from time to time. The fee that may be charged for such a service may be based on a fee for a similar service or procedure listed in Annexure B.

 

5. A pharmacist must ensure, when a service for which he or she wishes to levy a fee or fees involves the supply of medicine, whether supplied on a prescription or not, that the patient for whom such medicine is supplied is furnished with adequate advice or information for the safe and effective use of the medicine(s) supplied by him or her, whether such medicine(s) is supplied personally (face-to-face) or by any other means.

 

6. Services for which a pharmacist may levy a fee or fees may not be advertised in any manner that –

 

(a) is not factually correct;

(b) is misleading;

(c) harms the dignity or honour of the pharmacy profession;

(d) disparages another pharmacist;

(e) is calculated to suggest that his or her professional skill or ability or his or her facilities or those of the pharmacy owner, as the case may be, for practising his or her profession or rendering the service(s) concerned are superior to those of other pharmacists.

 

7. A pharmacist may not tout or attempt to tout for services for which he or she wishes to levy a fee or fees.

 

8. A pharmacist may not levy a fee or fees for a service for which he or she is not trained or for which prior authorisation from the Council is required before he or she may provide such service(s) until such authorisation is obtained. Acceptable documentary evidence of training, experience or competence must be provided if and when required by the Council, which could include but shall not be limited to –

 

(a) the successful completion of further education and training at a provider accredited by a competent authority; or

(b) practical experience gained under controlled circumstances and the mentorship of a competent person or authority; or

(c) the successful completion of continuing professional development (CPD) courses offered by a provider accredited by a competent authority.

 

9. A pharmacist may provide any one or more of the services referred to in Annexure B without levying a fee or fees.

 

10. A pharmacist who wishes to levy a fee or fees for the services referred to in Annexure B must inform patients regarding the fee to be levied prior to providing any of the services listed in the schedule.

 

11. A pharmacist who wishes to levy a fee or fees for the services referred to in Annexure B must display a list of services and fees conspicuously in the pharmacy.

 

12. A pharmacist who wishes to levy a fee or fees for the services referred to in Annexure B must indicate clearly on the invoice and/or receipt provided, the service for which a fee is levied and the amount of the fee per service.

 

Guidelines for the levying of a fee or fees

 

13. The guidelines published herewith as Annexure A shall constitute the only guidelines for levying a fee or fees for any one or more of the services referred to in Annexure B.

 

VM TLALA

REGISTRAR

 

ANNEXURE A

GUIDELINES FOR LEVYING A FEE OR FEES

 

General guidelines governing the determination of a fee or fees

 

1. Definitions

 

“Compounding” means the preparation, mixing, combining, packaging and labelling of a medicine by a pharmacist, a veterinarian or a person authorised in terms of the Medicines and Related Substances Act, 101 of 1965, in accordance with their scope of practice.

 

“Dispensing” means the interpretation and evaluation of a prescription, the selection, manipulation or compounding of the medicine, the labelling and supply of the medicine in an appropriate container according to the Medicines Act and the provision of information and instructions by a pharmacist to ensure the safe and effective use of medicine by the patient and “dispense” has a corresponding meaning.

 

“Therapeutic medicine monitoring” means the use of serum medicine concentrations, the mathematical relationship between a medicine dosage regimen and resulting serum concentrations (pharmacokinetics), and the relationship of medicine concentrations at the site of action to pharmacological response (pharmacodynamics) to optimise medicine therapy in individual patients, taking into consideration the clinical status of the patient.

 

2. Nature of services provided

 

A pharmacist may, in charging a fee for professional services rendered by him/her, consider one or more of the following factors –

 

(a) the nature of the professional service rendered;

(b) the time of day and circumstances under which the service is rendered.

 

3. Call-out service, delivery of medicines and after-hour fees

 

(a) Where a pharmacist is called out from his/her pharmacy, or the pharmacy in which he/she practises, or from his or her residence or other place where he or she may be, a fee including the travelling time and costs according to the South African Revenue Services (SARS) travelling reimbursement table as published from time to time, may be charged.

(b) Where a pharmacist is required to deliver a service after normal operating hours, an after-hours fee may be charged. The recommended fee is one and a half times the normal fee for a specific procedure code. The hours of opening of a pharmacy must be clearly displayed.

 

 

 

(c) Where a pharmacist is required by the patient or caregiver to transport a medicine to a patient, the transport costs, according to the South African Revenue Services (SARS) travelling reimbursement table as published from time to time, may be charged.

(d) Where a pharmacist is reclaiming expenses, details of the expenses must be individually itemised.

 

4. Collaboration with other health care professionals

 

Services may be provided in collaboration with a registered nurse or other registered health care professional as agreed to by the Council and other statutory health councils as applicable.

 

5. A pharmacist’s guide to fees

 

5.1 Procedures

 

5.1.1 Services for which a fee or fees may be levied shall be divided into procedures as indicated in Annexure B. A separate fee shall be charged for each procedure.

5.1.2. The fee per procedure shall be based on a procedure code as listed in Annexure B.

5.1.3 The fee for after-hours and/or call-out services must be levied separately as per clause 3 using the designated procedure codes as listed in Annexure B.

5.1.4 The fees will be reviewed on an annual basis.

5.1.5 All expenses claimed must be indicated separately.

 

6. Pharmacy support personnel

 

The fee or fees may be levied by a pharmacist whether the service concerned is provided by the pharmacist, any other person registered in terms of the Pharmacy Act or a healthcare professional employed in the pharmacy: Provided that any such person may only provide a service or perform an act which falls within his or her scope of practice.

 

7. Chronic Medicines Authorisation

 

A fee may be levied by a pharmacist where he/she need to liaise with a medical scheme, an entity concerned with the management of pharmaceutical benefits and/or a medical practitioner to initiate or renew a chronic medicine authorisation or update a chronic medicine authorisation.

 

8. Guidelines for charging fees where one or more services may be provided

 

The following examples are provided as guidelines:

 

LINK TO FULL NOTICE

 

Pharmacy Act: Rules and guidelines relating to services for which pharmacists may levy a fee

G 53871 BN 868

17 December 2025

 

53871bn868.pdf

 

 

ACTION

 

1. Community and Institutional Pharmacies

  • Review and update service offerings to align with the list in Annexure B.
  • Display a list of services and fees prominently in the pharmacy as required.
  • Ensure invoices and receipts clearly indicate the service provided and the fee charged.
  • Train staff on the new rules for levying fees and providing patient information.
  • Implement systems for transparent communication of fees to patients before services are rendered.

 

2. Pharmacists and Pharmacy Support Personnel

  • Verify training and competence for any service requiring special authorization (e.g., immunisation, PCDT, PIMART).
  • Maintain documentary evidence of training and CPD for Council audits.
  • Avoid advertising or touting services in a misleading or unethical manner.
  • Provide adequate advice for safe and effective use of medicines supplied.

 

3. Healthcare Collaborators

  • Formalize agreements with pharmacists for collaborative services (e.g., screenings, immunisations) in line with Council and statutory health councils.

 

4. Medical Schemes and PBMs

  • Prepare for liaison processes with pharmacists for chronic medicine authorizations and ensure clear communication channels.

 

5. Training and Accreditation Bodies

  • Offer accredited CPD and supplementary training for pharmacists to meet competency requirements for specialized services.

 

6. Courier and Delivery Services

  • Ensure compliance with SARS travel reimbursement rates for delivery fees charged to patients.

 

 

LAW AND TYPE OF NOTICE

 

Pharmacy Act:

 

Bachelor of Pharmacy: Integrated Curriculum Outline

 

G 53827 GeN 866

 

10 December 2025

 

 

APPLIES TO: 

 

1. Higher Education Institutions

  • Universities and colleges offering the Bachelor of Pharmacy program.
  • Pharmacy schools responsible for curriculum development and delivery.

 

2. Regulatory and Accreditation Bodies

  • South African Pharmacy Council (SAPC), which oversees pharmacy education standards.
  • Quality assurance and accreditation agencies for health sciences education.

 

3. Training Institutions and CPD Providers

  • Organizations providing pharmacy-related training and continuing professional development aligned with the new curriculum.

 

4. Healthcare Sector Employers

  • Hospitals, clinics, and community pharmacies that rely on graduates for professional roles.
  • Pharmaceutical companies employing pharmacists for research, manufacturing, and regulatory compliance.

 

5. Professional Associations

  • Pharmacy professional bodies that set practice standards and support education alignment.
 

FULL TEXT

 

 

DETAILS

 

 

 

LINK TO FULL NOTICE

 

Pharmacy Act: Bachelor of Pharmacy: Integrated Curriculum Outline

G 53827 GeN 866

10 December 2025

 

53827bn866.pdf

 

 

ACTION

 

  Obtain the full curriculum outline from the SAPC website.

  Conduct a gap analysis between current programs and the new requirements.

  Develop an implementation plan with timelines for compliance before the next academic intake.

 

 

 

STANDARDS

 

 

LAW AND TYPE OF NOTICE

 

Standards Act: Standards matters for comments

 

 

LINK TO FULL NOTICE

 

Standards Act: Standards matters: Comments invited

G 53873 GeN 3708

– Comment by 18 Feb 2026

19 December 2025

 

53873gen3708.pdf

 

Standards Act: Standards matters: Comments invited

G 53814 GeN 3684

– Comment by 11 Feb 2026

12 December 2025

 

53814gen3684.pdf

 

 

TRANSPORTATION

 

 

LAW AND TYPE OF NOTICE

 

Merchant Shipping Act: Regulations:

 

Construction and Equipment of Fishing Vessels of less than 24 metres in length and equal to or more than 25 GT: Comments invited

 

G 53897 RG 11922 GoN 6976

 

24 December 2025

 

 

APPLIES TO: 

 

SUMMARY

 

Purpose

 

  • Implements the Cape Town Agreement (2012).
  • Establishes construction, equipment, and safety standards for registered fishing vessels under 24m in length and ≥25 GT.

 

Scope & Application

 

  • Applies to all registered fishing vessels or those required to be registered/licensed under the Act.
  • Excludes pleasure vessels, research/training vessels, fish carriers, and processing vessels.

 

  • Effective:
    • New vessels: upon promulgation.
    • Existing vessels: alterations/additions must comply.
    • Equipment & safety management: within 2 years of promulgation.

 

Key Provisions

 

General

  • Definitions of technical terms (e.g., watertight/weathertight, stability criteria, AIS, enclosed superstructure).
  • Exemptions and equivalents allowed by the Authority under specific conditions.
  • Mandatory Local General Safety Certificate and display requirements.
  • Designation of person ashore and on-board safety officer for operational safety.

 

Surveys

  • Initial and annual surveys covering hull, machinery, radio, and safety equipment.
  • Dry-docking every 12 months; hull thickness tests after 10 years and every 6 years thereafter.
  • Detailed inspection intervals for tanks, shafts, rudders, sea connections, anchors, machinery, electrical systems.

 

Construction & Watertight Integrity

  • Approval of plans before construction or alteration.
  • Structural strength requirements for hull and superstructures.
  • Bulkheads, watertight doors, hatch covers, ventilators, air pipes, freeing ports, and anchoring equipment standards.

 

 

 

Stability

  • Mandatory stability information and approved stability book.
  • Intact stability criteria (e.g., GZ curve, GM0 ≥ 0.35m).
  • Special considerations for icing, lifting heavy weights, and anti-rolling devices.

 

Machinery & Electrical Installations

  • Standards for propulsion, steering gear, bilge pumping, fuel systems, refrigeration, ventilation.
  • Electrical systems: emergency power source, battery requirements, distribution, lighting, earthing.

 

Fire Safety

  • Fire protection, detection, and extinguishing systems.
  • Requirements for fire pumps, hydrants, hoses, extinguishers, and escape routes.
  • Prohibition of halons and asbestos.

 

Crew Protection & Accommodation

  • Safe access, guardrails, ladders, lifting appliances, noise protection.
  • Accommodation standards: height, ventilation, heating, lighting, sanitary facilities, galleys, hospitals, medical cabinets.

 

Navigational Equipment

  • Compasses, depth sounders, radar, AIS, nautical publications.
  • Bridge visibility standards.

 

Life-Saving Appliances

  • Liferafts, lifejackets, immersion suits, lifebuoys, distress signals.
  • Maintenance and servicing requirements.

 

Emergency Procedures

  • Muster lists, abandon ship drills, fire training.
  • Offences for non-compliance (fine or imprisonment up to 12 months).

 

Annexes

  • Annex 1: Plans and specifications for vessel construction.
  • Annex 2: Stability book content.
  • Annex 3: Precautions against capsizing and flooding.
  • Annex 4: Icing considerations.
  • Annex 5: Lifting heavy weights over the side.
  • Annex 6: Flow chart for stability information reliability.
  • Annex 7: Fire test for glass-reinforced plastics.

 

 

 

FULL TEXT

 

 

DETAILS

 

 

 

 

LINK TO FULL NOTICE

 

Merchant Shipping Act: Regulations: Construction and Equipment of Fishing Vessels of less than 24 metres in length and equal to or more than 25 GT: Comments invited

G 53897 RG 11922 GoN 6976

24 December 2025

 

53897rg11922gon6976.pdf

 

 

ACTION

 

Ensure that you submit your comments timeously.

 

 

 

LAW AND TYPE OF NOTICE

 

Merchant Shipping Act:

 

Regulations: Radio Installations

 

RG 11922 GoN 6978

 

24 December 2025

 

 

APPLIES TO: 

 

1. Shipping Companies Operating SOLAS Ships

 

  • SOLAS ships include:
    • Foreign-going passenger ships.
    • Foreign-going cargo ships of 300 gross tonnage or more.
    • Class A fishing vessels (≥45 meters, operating outside South African waters).

 

  • These organizations must comply with Part 2 SOLAS requirements immediately upon promulgation.

 

2. Operators of Non-SOLAS Ships

 

  • Includes:
    • Passenger ships that are not foreign-going.
    • Cargo ships of 300 gross tonnage or more that are non-foreign-going.
    • Cargo ships of less than 300 gross tonnage.
    • Class B, C, and D fishing vessels.
    • Pleasure vessels of 100 gross tonnage or more.

 

  • These organizations must comply with Part 3 Non-SOLAS requirements within two years after promulgation.

 

3. Fishing Industry Operators

 

  • Specifically:
    • Class A fishing vessels (foreign-going).
    • Class B, C, and D fishing vessels (domestic waters).

 

  • Requirements vary depending on vessel size and voyage distance.

 

4. Pleasure Craft Operators

 

  • Only those operating pleasure vessels of 100 gross tonnage or more making voyages beyond sheltered waters.

 

5. Foreign Ship Operators in South African Waters

 

  • Any ship in South African territorial waters, even if not registered locally, must comply with relevant provisions unless exempted.

 

Exemptions

 

  • Vessels under 25 gross tonnage, pleasure vessels under 100 gross tonnage, and commercial vessels operating only on sheltered waters are excluded.

 

 

SUMMARY

 

Purpose

 

  • Repeals the 2002 regulations and introduces updated requirements for radio installations on ships under the Merchant Shipping Act, 1951.
  • Aligns with international standards (IMO, ITU, SOLAS, GMDSS).

 

Scope & Application

 

  • Applies to vessels ≥25 gross tonnage, including:
    • SOLAS ships: foreign-going passenger ships, cargo ships ≥300 GT, Class A fishing vessels.
    • Non-SOLAS ships: domestic passenger ships, cargo ships (any size), Class B–D fishing vessels, pleasure vessels ≥100 GT.

 

  • Excludes:
    • Pleasure vessels <100 GT.
    • Vessels <25 GT.
    • Commercial vessels operating only on sheltered waters.

 

Key Requirements

 

1.     Radio Installations

o

o   Ships must carry radio equipment meeting IMO/Authority standards.

o   Equipment must support distress alerts, safety communications, and general radiocommunications.

 

2.     Functional Capabilities

o   SOLAS ships: Full GMDSS compliance.

o   Non-SOLAS ships: Ability to transmit/receive distress, safety, and navigational information.

 

3.     Equipment by Sea Area

o   Sea Areas A1–A4: Specific equipment for VHF, MF/HF, satellite communications.

 

4.     Distress Panels

o   Passenger ships must have a distress panel at the conning position.

 

5.     Energy Sources

o   Ships must maintain sufficient power for radio installations, including reserve sources.

 

6.     Maintenance & Records

o   Regular testing, maintenance, and logging of radio operations.

o   Qualified radio personnel required.

 

Compliance Timeline

 

  • SOLAS ships & new ships: Immediately upon promulgation.
  • Existing non-SOLAS ships: Within 2 years of promulgation.

 

Enforcement

  • Inspections for compliance.
  • Offences may result in fines or imprisonment (up to 1 year for owners/masters).

 

Exemptions

  • Authority may grant conditional exemptions if safety is not compromised.

 

 

 

FULL TEXT

 

 

DETAILS

 

 

 

 

 

LINK TO FULL NOTICE

 

Merchant Shipping Act: Regulations: Radio Installations

RG 11922 GoN 6978

24 December 2025

 

53897rg11922gon6978.pdf

 

 

ACTION

 

Ensure that you submit your comments timeously.

 

 

 

LAW AND TYPE OF NOTICE

 

Merchant Shipping Act:

 

Regulations: Fisher Labour Welfare: Comments invited

 

G 53897 RG 11922 GoN 6979

 

24 December 2025

 

 

APPLIES TO: 

 

1. Owners and Operators of Commercial Fishing Vessels

  • Any South African commercial fishing vessel, regardless of where it operates.
  • Any commercial fishing vessel registered or licensed in South Africa, even when operating internationally.
  • Foreign commercial fishing vessels operating within South African territorial waters.
  • Holders of fishing permits under the Marine Living Resources Act, including small-scale fishing permits (with some exemptions for certain small-scale operations).

 

2. Recruitment and Placement Services

  • Seafarer Recruitment and Placement Services (SRPS), including temporary employment services (labour brokers) that recruit or place fishers on fishing vessels.
  • These services must be accredited by the Authority and comply with strict requirements for record-keeping, insurance, and fisher protection.

 

3. Fishing Industry Employers

  • Any person or entity acting as an employer of fishers, including vessel owners, operators, and labour brokers.
  • Responsible for compliance with employment conditions, wages, hours of work/rest, repatriation, and welfare provisions.

 

4. Port Authorities

  • Required to provide shore-based welfare facilities for fishers in all South African ports.

 

5. Insurance Providers

  • Organizations providing financial security or insurance for fisher welfare, repatriation, medical care, and compensation for injury, death, or loss of property.

 

Exemptions

  • Vessels used solely for sport or recreation.
  • Vessels regulated under National Small Vessel Regulations (except commercial fishing vessels).
  • Certain small-scale fishing operations under specific permits.
 

SUMMARY

 

Purpose

 

  • Implements provisions of the Merchant Shipping Act and the Work in Fishing Convention, 2007 (ILO C188).
  • Establishes minimum standards for the welfare, working conditions, and protection of fishers on commercial fishing vessels.

 

Scope & Application

 

  • Applies to:
    • All South African commercial fishing vessels (wherever they operate).
    • Commercial fishing vessels registered/licensed in South Africa.

 

    • Foreign commercial fishing vessels in South African waters.
    • Holders of commercial fishing permits under the Marine Living Resources Act.
    • Recruitment and placement services (including labour brokers) operating in South Africa.

 

  • Excludes:
    • Vessels used solely for sport or recreation.
    • Vessels regulated under National Small Vessel Regulations (except commercial fishing vessels).
    • Certain small-scale fishing operations under specific permits.

 

Key Provisions

 

1.     Recruitment & Placement

o   Services must be accredited by the Authority.

o   Prohibition on charging fishers recruitment or placement fees.

o   Duties include record-keeping, complaint handling, and ensuring fisher protection.

 

2.     Conditions of Employment

o   Mandatory fisher’s work agreements.

o   Minimum wage compliance.

o   Rules on hours of work and rest, leave entitlement, and meal intervals.

o   Special protections for young persons.

 

3.     Welfare & Protection

o   Owners must provide:

§  Adequate food and water.

§  Medical care on board and ashore.

§  Access to shore-based welfare facilities.

§  Measures to prevent harassment and violence.

 

4.     Financial Protection & Compensation

o   Insurance or equivalent financial security required for:

§  Medical costs.

§  Repatriation.

§  Compensation for injury, death, or loss of property.

o   Restrictions on termination or modification of insurance.

 

5.     Record of Employment

o   Fishers must receive a record book documenting employment.

o   Procedures for lost or damaged record books.

 

6.     Complaints & Dispute Resolution

o   Onboard and ashore complaint mechanisms.

o   Safeguards against victimization.

o   Appeals process.

 

Enforcement

  • Offences may result in fines or imprisonment (up to 12 months).
  • Authority may grant exemptions under specific conditions.

 

Repeals

  • Replaces older regulations on seafarer recruitment, welfare, provisions, and compensation.

 

 

 

FULL TEXT

 

 

DETAILS

 

 

 

 

 

LINK TO FULL NOTICE

 

Merchant Shipping Act: Regulations: Fisher Labour Welfare: Comments invited

G 53897 RG 11922 GoN 6979

24 December 2025

 

53897rg11922gon6979.pdf

 

 

ACTION

 

Ensure that you submit your comments timeously.

 

 

 

LAW AND TYPE OF NOTICE

 

Merchant Shipping Act:

 

Regulations: Construction and Equipment of Fishing Vessels of 24 metres in length and over: Comments invited

 

G 53897 RG 11922 GoN 6977

 

24 December 2025

 

 

APPLIES TO: 

 

1. Owners and Operators of Large Fishing Vessels

 

  • Applies to all registered fishing vessels of 24 metres in length and over, or vessels required to be registered/licensed under the Merchant Shipping Act.

 

  • Includes:
    • New vessels (must comply immediately after promulgation).
    • Existing vessels (compliance as per Cape Town Agreement timelines).
    • Existing vessels registered a new (must comply after promulgation).

 

2. Shipbuilding and Repair Yards

 

  • Builders and repairers of fishing vessels ≥24m must comply with:
    • Submission and approval of construction plans.
    • Compliance with structural strength, watertight integrity, stability, machinery, and fire safety standards.
    • Inspections and surveys during construction and after alterations.

 

3. Fishing Companies and Fleet Managers

 

  • Responsible for ensuring vessels meet:
    • Stability and seaworthiness requirements.
    • Crew accommodation and safety standards.
    • Life-saving appliances and emergency procedures.
    • Fire protection and machinery safety compliance.

 

4. Classification Societies and Surveyors

 

  • Conduct surveys and issue safety certificates.
  • Certify compliance with hull, machinery, electrical installations, and safety systems.

 

5. Equipment Manufacturers and Suppliers

 

  • Suppliers of:
    • Anchoring and mooring equipment.
    • Fire-fighting systems and appliances.
    • Life-saving appliances (lifeboats, liferafts, life jackets).
    • Navigational and communication equipment.
    • Machinery and electrical systems meeting regulatory standards.

 

6. Maritime Safety Authority (SAMSA) and Approved Inspection Authorities

 

  • Oversight and enforcement of compliance.
  • Issue Local General Safety Certificates and exemptions.
  • Approve alternative arrangements and equivalents.

 

 

 

Exemptions

 

  • Vessels exclusively used for:
    • Pleasure craft.
    • Fish processing.
    • Research and training.
    • Fish carriers.
 

SUMMARY

 

Purpose

 

  • Implements the Cape Town Agreement (2012) and updates safety standards for fishing vessels ≥24 metres in length.
  • Ensures structural integrity, stability, fire safety, crew protection, and life-saving arrangements.

 

Scope

 

  • Applies to:
    • New vessels after promulgation.
    • Existing vessels per Cape Town Agreement timelines.
    • Vessels registered anew after promulgation.

 

  • Excludes: pleasure vessels, fish processors, research/training vessels, and fish carriers.

 

Key Provisions

 

1.     General Requirements

o   Definitions of technical terms (e.g., watertight/weathertight, fire division classes A/B/C/F).

o   Authority may grant exemptions or equivalents if safety is maintained.

o   Mandatory Local General Safety Certificate after surveys.

 

2.     Surveys

o   Initial survey before service; annual surveys for hull, machinery, radio, and safety equipment.

o   Dry-docking every 12 months; hull thickness tests after 10 years, then every 6 years.

 

3.     Construction & Equipment

o   Hull strength and materials (steel, aluminum, FRP).

o   Watertight bulkheads, doors, hatch covers, freeing ports.

o   Anchoring and mooring equipment per technical standards.

 

4.     Stability & Seaworthiness

o   Approved stability book required onboard.

o   Criteria for intact stability, loading conditions, icing allowances, lifting heavy weights.

o   Inclining experiment mandatory for new or altered vessels.

 

5.     Machinery & Electrical Installations

o   Safe design for propulsion, steering gear, bilge systems.

o   Emergency power source for essential services.

o   Fire detection and alarm systems in machinery spaces.

 

6.     Fire Protection

o   Structural fire integrity (A/B/F class divisions).

o   Fire pumps, hydrants, hoses, extinguishers.

o   Fixed fire-extinguishing systems for machinery spaces.

o   Firefighter’s outfits for vessels >35m.

 

 

 

 

7.     Crew Safety & Accommodation

o   Guard rails, safe access, anti-slip decks.

o   Noise protection (limits: 85 dB(A) in machinery spaces).

o   Accommodation standards: height, ventilation, heating, lighting, sanitary facilities.

o   Hospital space for vessels >24m operating >200 miles offshore with ≥15 crew.

 

8.     Life-Saving Appliances

o   Lifeboats, liferafts, rescue boats sized for all persons onboard.

o   Launching arrangements and embarkation ladders.

o   Life jackets, immersion suits, distress signals.

9.

10.   Navigational Equipment

o   Magnetic compass, radar, AIS, GPS, depth sounder.

o   Manoeuvring data displayed in wheelhouse.

 

11.   Emergency Procedures

o   Muster lists, abandon ship drills, onboard training.

 

Compliance

  • New vessels: immediate compliance.
  • Existing vessels: phased compliance per Cape Town Agreement.
  • Certificates can be cancelled for fraud, non-compliance, or unseaworthiness.

 

 

FULL TEXT

 

 

DETAILS

 

 

 

 

 

LINK TO FULL NOTICE

 

Merchant Shipping Act: Regulations: Construction and Equipment of Fishing Vessels of 24 metres in length and over: Comments invited

G 53897 RG 11922 GoN 6977

24 December 2025

 

53897rg11922gon6977.pdf

 

 

ACTION

 

Ensure that you submit your comments timeously.

 

 

 

LAW AND TYPE OF NOTICE

 

National Road Traffic Act:

 

Registration of Vehicle Testing Station: EL PVTS as Grade A Vehicle Testing Station

 

G 53839 GoN 6940

 

11 December 2025

 

 

APPLIES TO: 

 

  Vehicle Testing Stations

  • Existing and new testing stations in Limpopo Province must comply with standards for Grade “A” classification.
  • They may need to upgrade facilities, equipment, and staff qualifications to meet requirements.

 

  Motor Vehicle Dealerships and Fleet Operators

  • These businesses rely on certified testing stations for roadworthiness certificates and compliance checks.

 

  Transport and Logistics Companies

  • Companies operating fleets will need to ensure vehicles are tested at approved Grade “A” stations for compliance.

 

  Government and Regulatory Bodies

  • The Department of Transport and Community Safety will oversee compliance and enforce standards.

 

  Training and Accreditation Providers

  • Organizations offering training for vehicle inspectors and technicians may see increased demand to meet Grade “A” standards.
 

FULL TEXT

 

 

DETAILS

 

 

 

 

LINK TO FULL NOTICE

 

National Road Traffic Act: Registration of Vehicle Testing Station: EL PVTS as Grade A Vehicle Testing Station

G 53839 GoN 6940

11 December 2025

 

53839gon6940.pdf

 

 

ACTION

 

1. Vehicle Testing Stations (including EL PVTS and others)

 

  • Compliance with Grade “A” Standards:
    • Ensure facilities, equipment, and processes meet the technical and operational requirements for Grade “A” classification.

 

  • Staff Training and Certification:
    • Employ qualified personnel and maintain up-to-date training records.

 

  • Record-Keeping and Reporting:
    • Maintain accurate logs of vehicle inspections and submit reports to the Department of Transport as required.

 

  • Display Certification:
    • Prominently display the Grade “A” registration certificate at the station.

 

2. Motor Vehicle Dealerships and Fleet Operators

 

  • Use Approved Testing Stations:
    • Direct vehicles to Grade “A” stations for roadworthiness certification.

 

  • Compliance Scheduling:
    • Update internal compliance schedules to align with the new registration requirements.

 

3. Transport and Logistics Companies

 

  • Fleet Compliance:
    • Ensure all vehicles undergo testing at registered Grade “A” stations.

 

  • Documentation:
    • Keep valid roadworthiness certificates for audits and inspections.

 

4. Recruitment and Training Providers

 

  • Offer Accredited Training:
    • Provide courses for vehicle inspectors and technicians to meet Grade “A” competency standards.

 

5. Government and Regulatory Bodies

 

  • Monitoring and Enforcement:
    • Conduct periodic audits of registered stations.

 

  • Public Communication:
    • Update official lists of approved Grade “A” stations and inform stakeholders.

 

 

 

 

LAW AND TYPE OF NOTICE

 

Road Carrier Permits

 

 

LINK TO FULL NOTICE

 

Road Carrier Permits

 

 

 

ARTIFICIAL INTELLIGENCE ARTICLES

 

 

 

SOUTH AFRICA

 

Department drafting policy to regulate AI use

 

The Department of Communications & Digital Technologies is drafting a national policy on AI, following the lead of other countries and the EU, which are seeking to regulate the use of the technology. However, according to a written reply to a parliamentary question by Communications & Digital Technologies Minister Solly Malatsi, embodying the policy in legislation is still a long way off, as it still has to go through a public consultation phase during which the government will gather input from industry, academia and civil society. ‘It is therefore not possible to provide a definitive date for introducing a comprehensive AI Safety and Equity Bill at this stage. Business Day reports that the final legislative approach will be shaped by the outcomes of the public consultation process and the finalisation of the national AI policy,’ Malatsi said. The Minister recognised, however, ‘that primary legislation may not be the only or most immediate tool required given the dynamic nature of AI’. He said the draft policy was structured around six strategic pillars: capacity and talent development; AI for inclusive growth and job creation; responsible governance; ethical and inclusive AI; cultural preservation and international integration; and human-centred development.

 

Full Business Day report

 

 

CONSUMER PROTECTION ARTICLES

 

 

 

SOUTH AFRICA

 

WeBuyCars fined R2.5m, ordered to refund affected customers R3.4m

 

WeBuyCars’ contravention of the Consumer Protection Act (CPA) has cost the used-car platform nearly R6m.

 

The National Consumer Tribunal’s (NCT) ruling came after grievances raised by consumers over the past three years, who alleged the company failed to provide solutions in line with sale agreements. The NCT prohibits companies from charging consumers for goods or services they did not request.

 

In terms of the settlement, WeBuyCars has agreed to pay a R2.5m administrative fine and a R3.4m refund to affected consumers.

 

The tribunal said it established a “reasonable suspicion that the terms and conditions of WeBuyCars violated multiple clauses, especially those concerning warranties and sales conditions”.

 

WeBuyCars buys and sells pre-owned cars. As part of the agreement, the company has committed to:

 

revising its terms and conditions to ensure compliance with the CPA; and

roll out a consumer awareness programme that focuses on the rights and obligations of buyers and suppliers of pre-owned vehicles.

WeBuyCars has also undertaken to create 300 job opportunities over five years, over and above its current employment plans, to strengthen customer service capacity and improve the overall consumer experience.

 

WeBuyCars, among other commitments, has agreed to review and amend its terms and conditions to ensure full compliance with the CPA, a measure that will ensure consumer rights are fully protected

 

—  Hardin Ratshisusu, acting NCC commissioner

The NCT said in the past three years it received complaints from consumers complaining that WeBuyCars failed to provide remedies to consumers based on sale agreements signed between the supplier and the consumers.

 

Acting NCT commissioner Hardin Ratshisusu said: “WeBuyCars, among other commitments, has agreed to review and amend its terms and conditions to ensure full compliance with the CPA, a measure that will ensure consumer rights are fully protected.”

 

Ratshisusu added that affected consumers would be compensated under the settlement, underscoring the consumer watchdog’s mandate to hold businesses accountable.

 

WeBuyCars, which listed on the JSE in April last year, bought 180,576 vehicles and sold 179,006 in the six months to September, representing increases of 7.7% and 8.4% respectively. Monthly sales volumes exceeded 15,000 units in six of the past 12 months, underscoring WeBuyCars’ growing market share.

 

The company’s target is to sell 23,000 cars per month by 2028.

 

TimesLIVE

 

 

 

FINANCE ARTICLES

 

 

 

SOUTH AFRICA

 

End of an era for 138-year-old company in South Africa

 

The Johannesburg Stock Exchange (JSE) has received regulatory approval for its simplification project, which aims to expand its listings following decades of decline.

 

Benjamin Wollan established the JSE in November 1887 as a way to raise capital for major gold projects.

 

The bourse is now the largest in Africa and is home to several of South Africa’s largest companies, including Naspers, Capitec, Harmony Gold and many more.

 

However, the bourse has faced challenges as companies increasingly opt for private ownership, and other companies avoid listing due to the associated costs.

 

In the 1990s, the JSE had over 850 listed companies, which dropped to about 400 by 2012 and now stands at fewer than 300.

 

As per its efforts to create an enabling listing environment and attract both local and international listings, the JSE announced a Simplification Project in 2023.

 

The project aimed to simplify the Listing Requirements by using plain language to record concise regulatory objectives, allowing for a better understanding and application of the requirements by listed companies, sponsors, and investors.

 

The simplification will also result in a significant reduction in the volume of the Listing Requirements.

 

The JSE also reviewed ways of cutting red tape where possible, while ensuring that listings still floor effective and appropriate levels of regulation.

 

The project has been amended following inputs from public comments, as well as the signing of the Companies Act in 2024 by President Cyril Ramaphosa.

 

The JSE has now received approval for the amendments to its listing requirements from the Financial Sector Conduct Authority (FSCA).

 

The changes take effect on 13 January 2026, with the current listing requirements being removed in their entirety.

 

The new version resulting from the Simplification Project will then replace the listing requirements.

 

The JSE stated that provisions and training schedules will be communicated before 13 January 2026.

Improvements are coming

 

Although the JSE has faced an increase in delistings over the last few years, there are already signs of improvement.

 

In 2024, the JSE saw the IPOs of several major companies, including WeBuyCars, Rainbow Chicken and Boxer, the last of which saw the largest IPO in years.

 

2025 also saw the arrival of fintech company Optasia and telco giant Cell C.

 

Speaking with Daily Investor, JSE Head of Primary Markets, Maurice Madiba, recently said that these listings speak volumes to the strength and resilience of South Africa’s capital markets.

 

 

 

 

The JSE’s wins over the last two years were partly due to its deregulation efforts, as well as the positive economic trajectory in South Africa.

 

The formation of the Government of National Unity in 2024 increased investor confidence, with the South African equity market being one of the best-performing in the world in 2025.

 

The 2025 boost was driven by gold and platinum miners, but investors do remain interested in the valuations seen across the market.

 

In addition to the JSE’s performance, South Africa was also removed from the grey list and received a credit rating upgrade from S&P in 2025.

 

Looking ahead, Madiba said this positive listing momentum is set to continue, with the JSE’s pipeline of new listings looking very healthy.

 

Coca-Cola HBC, Fidelity Services, Canal+ and the Tyme Group have all announced plans to list on the stock exchange in the coming years.

 

Luke Fraser

Bussinesstech

 

SARS sends a warning to these taxpayers in South Africa

 

The South African Revenue Service (SARS) has urged all trustees and provisional taxpayers in South Africa to ensure they have filed their taxes before the 19 January 2026 deadline.

 

The deadline applies to both ITR12T trust and provisional tax returns, with the taxman warning that failure to submit will result in fines and penalties.

 

SARS has taken particular aim at trusts over the past year or so, working to ensure that every corner is thoroughly explored to bolster revenue collection.

 

As part of its broader strategy to make tax compliance easy and non-compliance expensive, the revenue service published a draft notice under section 210(2) of the Tax Administration Act in late 2025, formally proposing fixed administrative penalties for trusts that fail to submit their tax returns.

 

Although still in draft form, tax experts said that the publication marks a clear shift from years of warnings to concrete action.

 

The notice states that a trust may be penalised if it does not submit its income tax return—starting from the 2023 year of assessment—within 21 business days after SARS issues a final demand.

 

The draft notice was published on 3 December 2025 for public comment. Comments must reach SARS by 28 January 2026.

 

Notably, this is after the 19 January filing deadline—but this by no means puts trusts and trustees in the clear.

 

Should the new penalty framework be enacted, it will apply retroactively (from the 2023 tax year), and any trustees found in violation could suffer the consequences.

 

Trustees carry a legal duty to ensure that a trust meets all its tax obligations. This includes timely submission of returns, accurate financial reporting, and maintaining full and reliable records.

 

If the policy is enacted, these responsibilities carry sharper consequences:

  • Personal exposure: Trustees may face questions from beneficiaries if penalties reduce trust value or arise from governance failures.
  • Fiduciary accountability: Non-compliance can constitute a breach of fiduciary duty if trustees fail to take reasonable steps to maintain the trust’s tax affairs.
  • Operational disruption: Penalties can complicate future engagements with SARS, delay refunds, and trigger deeper audits or verification processes.

 

 

  • Reputational harm: Persistent non-compliance signals weak administration, something SARS has expressly committed to addressing.

 

SARS encouraged trustees to gather all supporting documents, verify beneficiary information, and use SARS eFiling tools or online guides to get their tax affairs in order.

 

“This approach aims to make the process straightforward and instil confidence in submitting accurate returns,” it said.

 

Trusts with fewer than ten beneficiaries that are not registered for eFiling can submit returns at a SARS branch.

 

Trustees can also book an appointment in advance via SARS contact channels and prepare all required documents, such as trust deeds and beneficiary lists, to ensure a smooth submission process.

 

“Trustees are reminded that compliance is mandatory, and failure to comply can result in fines and penalties,” it said.

 

Provisional taxpayers

 

Provisional taxpayers are currently in their 2026 tax year, but the filing season for the 2025 tax year closes this month.

The 2026 tax year for provisional taxpayers runs from 1 March 2025 to 28 February 2026.

Provisional taxpayers make at least two payments to SARS a year, with a third, voluntary payment option available.

The first provisional tax payment must be made within the first six months of the assessment year.

These taxpayers should have already made their first payment for the 2026 tax year before 31 August 2025.

The second payment must be made no later than the last working day of the year of assessment, which is the last business day of February.

A third payment is optional, made after the end of the year but before the assessment is issued by SARS. This third payment is to regularise any discrepancies in the tax year.

The third voluntary payment differs. For a year-end on the last day of February, the last business day of September is the due date. In any other case, within six months of the end of the year of assessment.

On assessment, the provisional payments will be offset against the liability for regular tax for the applicable year of assessment.

Notably, provisional taxpayers are currently making payments for the 2026 tax year. For the 2025 tax year, provisional taxpayers still have until 19 January 2026 to file their tax returns.

Provisional tax datesDeadline
2025 Tax Season Opens21 July 2025
2026 First Payment Due31 August 2025
2025 Trust / Provisional Tax Season closes19 January 2026
2026 Second Payment Due28 Febraury 2026
2026 Third Payment Due (Voluntary)30 September 2026

 

Businesstech

 

 

HEALTH AND SAFETY ARTICLES

 

 

 

SOUTH AFRICA

 

Nestlé recalls NAN baby formula batch in SA over toxin fears

 

 

 

 

 

Na’ilah Ebrahim

News24

 

Fire hazard leads to Volvo recall

 

The National Consumer Commission (NCC) has notified con­sumers about a recall of 372 Volvo EX30 electric cars by Volvo Car South Africa.

 

This recall affects cer­tain EX30 Single Motor Extended Range and Twin Motor Performance models from 2024 to 2026, which were sold in Gauteng from December 29 2025.

 

Volvo said the recall was due to a poten­tial issue with the high­voltage (HV) battery.

 

In rare cases, the bat­tery may over­heat when charged to a high level, which could potentially result in a thermal event, posing a fire risk.

 

Owners of the affected vehicles are advised to limit their car’s maximum charge level to 70% until a fix is avail­able.

 

“Consumers are urged to take this recall seriously and arrange for the necessary inspection and repair at their nearest authorised dealerships.

 

“All corrective work relating to this recall will be carried out at no cost to the consumer,” said Volvo Cars.

 

Daily Dispatch

 

 

 

LABOUR ARTICLES

 

 

 

SOUTH AFRICA

 

Former employee wins in court after job-hunting led to his dismissal

 

News24 reports that contractual clauses preventing employees from seeking alternative employment are unenforceable and contrary to public policy.

 

This was the finding of the Joburg Labour Court (LC) after a safety manager’s quest for “greener pastures” ignited a fierce legal battle that exposed the limits of employer control over their workforce. When Lucchini SA employee Vishen Mahabeer began searching for new employment opportunities in early 2021 it cost him his job and sparked a landmark labour dispute. The company initiated retrenchment consultations in February 2021 and Mahabeer opened employment negotiations with competitor Cast Products. In April 2021, Mahabeer informed Lucchini of his intention to resign and join Cast Products. The company suspended him and the subsequent disciplinary hearing resulted in Mahabeer’s immediate dismissal, which he refused to accept. He took his case to the CCMA, which found dismissal grossly unfair and awarded him maximum compensation of 12 months’ salary. Lucchini’s subsequent court challenge backfired.

 

On Friday, the LC’s Judge Tapiwa Gandidze struck down Lucchini’s contractual clause prohibiting employees from seeking alternative employment, ruling it “unenforceable as it is contrary to public policy”. She emphasised that Mahabeer had a right to freedom of trade, occupation and profession, guaranteed by section 22 of the Constitution. While reducing the compensation from 12 months to six months due to Mahabeer securing new employment within three months of his dismissal, Judge Gandidze acknowledged the emotional toll.

 

Read the full original of the report in the above regard by Anelisa Kubheka

Full News24 report

Judgment

 

 

MEDICAL ARTICLES

 

 

 

SOUTH AFRICA

 

Discovery Health asks members to repay thousands after claims processing error

 

Members on five high-end plans are affected.

 

Discovery Health has sent communication to a number of members requesting them to repay Discovery Health Medical Scheme (DHMS) after a processing error saw claims incorrectly paid out at a higher rate than their plan’s benefits allow.

 

The error is related to the Above Threshold Benefit (ATB) on the Executive, Classic Comprehensive, Classic Smart Comprehensive, Classic Priority and Essential Priority plans.

 

Day-to-day expenses are paid from the ATB once the member has reached their annual threshold. However, the ATB itself has limits – and when these were reached, Discovery Health paid for subsequent claims even though these claims should have either been paid from a member’s medical savings account (MSA) or funded by the member.

 

Discovery Health won’t disclose the number of impacted members or the quantum of the total amount owed but says a “small proportion of scheme members” and “only certain members” on the five plans were affected.

 

The two largest affected plans (Classic Comprehensive and Classic Priority) had an average number of members of 91 370 and 67 353 in 2024 respectively. When it comes to beneficiaries, the average was 183 863 and 144 481 respectively.

 

The three other plans are far smaller with average members of 7 260 (Executive), 4 667 (Essential Priority) and 3 157 (Classic Smart Comprehensive).

 

Moneyweb understands that the number of impacted members is less than 1% of the DHMS scheme (which has 1.35 million members and 2.7 million beneficiaries).

 

As the contracted administrator of DHMS, Discovery Health has reprocessed these claims (originally processed between January and December 2025) correctly and has been in touch with affected members.

 

‘You now owe the scheme’

 

In these letters, Discovery Health says: “When we reprocessed these claims, some would have incurred a co-payment at the time of claiming but did not because of the error.

 

“This means you now owe the scheme the value of those co-payments, as well as any claims that were paid by the scheme but should have been paid by you during your self-payment gap.”

 

Moneyweb has seen communication to members where they owe the scheme as much as R22 000, R25 000 and R37 000.

 

At current rates (contributions for 2026 have been frozen at 2025 levels until 31 March), contributions for a main member on Classic Comprehensive and Classic Priority total R83 700 and R52 176 respectively.

 

Affected members have received statements showing the amount they owe the scheme.

 

Discovery says: “We’ll contact you to arrange a payment plan that works for your circumstances as you will need to repay this amount back to the scheme” … and that it is “committed to working with you to agree a repayment plan that works for you and the scheme.”

 

Discovery Health says it recognises “that unexpected adjustments can affect personal budgets and planning”.

 

It says that “in the interests of ensuring integrity of the scheme rules and treating all members of the scheme fairly, the scheme is obligated to recover funds where members have inadvertently received disproportionate benefits that they unfortunately weren’t entitled to”.

 

“All recoveries are being managed strictly in accordance with the Medical Schemes Act, Council for Medical Scheme rules and regulations, and DHMS’ Rules 15.5 and 16.4.”

 

According to Rule 15.5, “if the scheme, for any reason, pays an amount more than which it is liable to pay for a claim, then the scheme can recover this through payments due to the member”.

 

“Additionally, Rule 16.4 states that when the scheme has paid an account, or portion of an account, or any benefit that a member is not entitled to, the amount of such overpayment is recoverable by the scheme.”

 

It adds that members’ 2026 medical benefits and medical aid cover and access “are entirely unaffected by this error” and no healthcare providers have been negatively impacted. The latter would be obvious as all claims were paid.

 

Discovery Health says “stronger controls have been implemented to prevent a recurrence” and that “claims processing systems are functioning entirely correctly”.

 

Hilton Tarrant

Moneyweb

 

Can Discovery Health really ask you to pay back the money? What you need to know about medical aid’s claims error

 

Discovery Health says it has reprocessed claims on its Discovery Health Medical Scheme (DHMS) after a processing error resulted in claims being incorrectly paid out at a higher rate than the plan’s benefits allow.

The claims were initially processed between January and December 2025.

 

Error

 

The error relates to the Above Threshold Benefit (ATB) on the Executive, Classic Comprehensive, Classic Smart Comprehensive, Classic Priority, and Essential Priority plans, which affected how certain prescription and over-the-counter medicines were processed in 2025.

 

“Because of this error, certain of your claims were counted toward and paid from the Above Threshold Benefit (ATB) at a higher rate than what the benefits allow,” Discovery Health COO Karen Sanderson informed affected clients in a letter seen by The Citizen.

 

Discovery reprocessed the affected claims, with some requiring a co-payment at the time of claiming, which Discovery incorrectly covered.

 

Error fixed

 

In the communication, members owe the scheme between R22 000 and R37 000.

 

In a statement to The Citizen, Discovery Health said it identified and resolved a system error that affected how certain medication claims for DHMS members in 2025 were funded.

 

“While only a small proportion of scheme members were impacted, we sincerely apologise for the inconvenience caused. All affected claims have been corrected, members are receiving proactive support, and stronger controls have been implemented to prevent a recurrence.”

 

Pay back the money

 

Discovery Health said that “in the interests of ensuring integrity of the scheme rules and treating all members of the scheme fairly, the scheme is obligated to recover funds where members have inadvertently received disproportionate benefits that they unfortunately weren’t entitled to”.

 

“All recoveries are being managed strictly in accordance with the Medical Schemes Act, Council for Medical Scheme rules and regulations, and DHMS’ Rules 15.5 and 16.4.”

 

Rules

 

According to Rule 15.5, “if the scheme, for any reason, pays an amount more than which it is liable to pay for a claim, then the scheme can recover this through payments due to the member.”

 

“Additionally, Rule 16.4 states that when the scheme has paid an account, or portion of an account, or any benefit that a member is not entitled to, the amount of such overpayment is recoverable by the scheme.”

 

Discovery said affected customers will receive a statement detailing how much they owe.

 

“We’ll contact you to arrange a payment plan that works for your circumstances, as you will need to repay this amount back to the scheme.”

 

2026 benefits

 

Discovery said members’ 2026 benefits won’t be affected.

 

“Importantly, members’ 2026 medical benefits and medical aid cover and access are entirely unaffected by this error, and no healthcare providers have been negatively impacted.

 

Discovery Health said to ensure benefits align with Scheme Rules and regulatory requirements, all impacted claims have been reprocessed so that they are funded from the correct benefits, either Medical Savings Accounts or the Self-Payment Gap.

 

“The claims processing systems are functioning entirely correctly, and additional safeguards and validation checks have been introduced to prevent similar issues in future.

 

“We deeply regret this error and sincerely apologise for the frustration this has caused.

 

“Discovery Health and DHMS take this incident extremely seriously and remain committed to earning and maintaining members’ trust through strong operational discipline, robust controls and oversight, and transparent communication with ongoing support for all affected members,” it said.

 

Frustrations

 

Discovery members took to social media to vent their frustrations about repaying the money, with many already bearing the burden of paying for school uniforms and stationery for their children ahead of the 2026 school academic year.

 

“Not only have I received this as well, but if you go to a doctor and pay the doctor directly, then claim back, they will deduct the amount they are supposed to pay you against that debt. No communication, no agreements entered, nothing. They just take it,” Gary Bernstein claimed on the Facebook page. “How I was messed around by Discovery Health Medical Aid.”

 

Mina Sean du Plessis on the same Facebook page wrote: “Oohhh Discovery just knows how to get your year started in a great way…. The time has come for me to take Discovery to CMS. How is the process working with CMS against Discovery? Is CMS really helpful? How many of you got an email stating they made an error and you owe them money now?”

 

By Faizel Patel

The Citizen

 

  • END