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Alison Lee

Alison Lee

Gazette and Newsflash 14 – 18 March 2025

Dear Subscribers,

Please see the attached link to a more detailed PDF version of the weekly Gazette and Newsflash for 14 – 18 March 2025.

LC-Gazette and Newsflash 14 – 18 March 2025

The Climate Change Act and the Electronic Deeds Registration Systems Act have both commenced.

See below the additional Compliance Movements this week.

ENVIRONMENTAL

 

 

Climate Change Act: Commencement

 

 

 

 

FINANCE

 

Value-Added Tax Act: Regulations: Value-Added Tax on domestic reverse charge relating to valuable metal

Value-Added Tax Act: Regulations: Prescribing electronic services for purpose of definition of “electronic services”

Financial Markets Act: JSE Listing requirements: Simplification Project: Amendments: Comments invited

Public Finance Management Act: Rate of interest on Government Loans

Financial Intelligence Centre: Directive 3A:Notification of failure to report: Comments invited

 

HEALTH AND SAFETY

 

 

Compensation for Occupational Injuries and Diseases Act: Confirmation of Employers Registration Details Forms

 

 

 

PROPERTY

 

Electronic Deeds Registration Systems Act:Commencement of Sections 1, 3 and 6 on 1 April 2025

 

 

 

Possible culpable homicide charges loom over deadly collapse of George building

South Africa’s new cannabis ban: what you need to know

Lawyers welcome new insolvency court

 

Till next week.

Alison and The Legal Team

 

 

CONTENTS

 

AGRICULTURE

Animal Disease Act: Control measures relating to Foot and Mouth Disease

Marketing of Agricultural Products Act: National Agricultural Marketing Council: Nominations invited

 

CONSTRUCTION

Quantity Surveying Profession Act: Tribunal Hearing Rulings/Sanctions

 

CUSTOMS AND EXCISE

Customs and Excise Act: Imposition of Provisional Payment (PP/172) (English / Afrikaans)

 

ENVIRONMENTAL

Climate Change Act: Commencement

 

FINANCE

Value-Added Tax Act: Regulations: Value-Added Tax on domestic reverse charge relating to valuable metal

Value-Added Tax Act: Regulations: Prescribing electronic services for purpose of definition of “electronic services”

Financial Markets Act: JSE Listing requirements: Simplification Project: Amendments: Comments invited

Public Finance Management Act: Rate of interest on Government Loans

Financial Intelligence Centre: Directive 3A: Notification of failure to report: Comments invited

 

HEALTH AND SAFETY

Compensation for Occupational Injuries and Diseases Act: Confirmation of Employers Registration Details Forms

 

LABOUR

Labour Relations Act: Variation of Scope of the National Textile Bargaining Council

 

LIQUOR

Liquor Products Act: Regulation: Amendments

 

MEDICAL

Pharmacy Act: Competency standards for a specialist pharmacist who provides clinical pharmacy services in South Africa

Health Professions Act: Regulations: Defining scope of Profession of Medical Orthotics and Prosthetics (English / isiZulu)

Compensation for Occupational Injuries and Diseases Act: Chiropractor: Annual increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Physiotherapy: Annual Increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Social Worker and Psychology: Annual Increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Wound Care and Blood Services: Annual Increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Private Hospital: Annual Increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Occupational Therapy: Annual Increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Optometry: Annual increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Dental: Annual increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Speech Therapy, Audiology and Acousticians: Annual Increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Renal Care, Perfusionists and Registered Nephrology Nurses: Annual Increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Radiography and Dietician: Annual Increase in medical tariffs for Medical Services Providers

Compensation for Occupational Injuries and Diseases Act: Ambulance: Annual increase in medical tariffs for Medical Services Providers

Health Professions Act: Regulations: Registration of Optometry or Dispensing Optician Students

Pharmacy Act: Competency standards for a specialist pharmacist who provides radiopharmaceutical services in South Africa

Pharmacy Act: Rules: Good Pharmacy Practice: Correction

 

PROPERTY

Electronic Deeds Registration Systems Act: Commencement of Sections 1, 3 and 6 on 1 April 2025

 

CONSTRUCTION ARTICLES

Possible culpable homicide charges loom over deadly collapse of George building

 

FOODSTUFFS ARTICLES

South Africa’s new cannabis ban: what you need to know

 

LEGAL ARTICLES

Lawyers welcome new insolvency court

AGRICULTURE

 

LAW AND TYPE OF NOTICE

 

Animal Disease Act:

 

Control measures relating to Foot and Mouth Disease

 

G 52318 GoN 5997

 

17 March 2025

 

APPLIES TO: 

 

  • Agricultural businesses: Companies involved in farming, livestock, and crop production.
  • Land reform agencies: Organizations working on land redistribution and tenure security.
  • Rural development programs: Initiatives aimed at improving infrastructure, education, and healthcare in rural areas.
  • Environmental groups: Organizations focused on sustainable farming practices and conservation.

 

 

SUMMED UP

 

Control measures relating to Foot and Mouth Disease

 

 

FULL TEXT

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Animal Disease Act: Control measures relating to Foot and Mouth Disease

G 52318 GoN 5997

17 March 2025

 

52318gon5997.pdf

 

 

ACTION

 

1.     Regulatory Compliance: Ensuring adherence to new or updated regulations and policies issued by the Department of Agriculture, Land Reform, and Rural Development.

2.     Reporting Requirements: Submitting regular reports on activities, land use, and environmental impact.

3.     Inspections and Audits: Undergoing periodic inspections and audits to verify compliance with standards and regulations.

4.     Environmental Protection: Implementing measures to protect the environment, such as sustainable farming practices and conservation efforts.

5.     Land Use Management: Complying with land use policies and guidelines to ensure proper land management and prevent illegal land use.

 

 

LAW AND TYPE OF NOTICE

 

Marketing of Agricultural Products Act:

 

National Agricultural Marketing Council: Nominations invited

 

G 52288 GoN 5990

 

– Comment by 04 Mar 2025

 

14 March 2025

 

 FULL TEXT
 

DETAILS

 

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

 

NO. 5990 14 March 2025

 

Department of Agriculture, Land Reform and Rural Development

 

Private Bag X833, PRETORIA, 0001; 600 Lillian Ngoyi Street, PRETORIA, 0001

 

Tel: 012 – 312 8911; E-mail: queries@dalrrd.gov.za; Website: www.dalrrd.gov.za

 

NOMINATION OF CANDIDATES FOR APPOINTMENT TO THE NATIONAL AGRICULTURAL MARKETING COUNCIL

 

The Minister of Agriculture hereby invites persons and interested parties to submit names of nominees to be considered for appointment as members of the National Agricultural Marketing Council (NAMC).

 

The NAMC is a statutory body established in terms of Section 3 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996) (MAP Act). The mandate of the Council is to administer the Marketing of Agricultural Products Act (MAP Act) and on the request by the Minister, or on its own accord, the Council is mandated to investigate the establishment, continuation, amendment or revocation of statutory measures and other regulatory measures affecting the marketing of agricultural products, evaluating the desirability, necessary or efficiency and if necessary, proposing alternatives to the establishment, continuation, amendment or repeal of a statutory measure or other regulatory measure and report to and advise the Minister accordingly.

 

The nominees will be considered for appointment by virtue of their practical knowledge and experience of one or more of the following:

 

(a) The commercial production of agricultural products;

(b) Agricultural product-related trade and industry;

(c) Agricultural economics, including agricultural marketing and international agricultural trade;

(d) Consumer issues relating to agricultural products, including issues relating to previously disadvantaged communities; and

(e) The production and marketing of agricultural products by small-scale and previously disadvantaged farmers.

 

Members of the council will be appointed for a period not exceeding four years. Each nomination must be accompanied by the following:

• A detailed Curriculum Vitae;

• A written acceptance of the nomination by the nominee;

• An indication of the category the nominee would like to be considered for;

• Documentary proof of all qualifications; and

• Copy of ID document.

 

Successful candidates will be subjected to personnel suitability checks regarding citizenship, criminal record and qualification verification.

 

A person may not be nominated or appointed as Council member, if such person is disqualified to serve as Council member in terms of section 4(13) of the Act.

 

Nominations should reach the following address on or before 04 April 2025:

Nominations must be submitted to:

Department of Agriculture

Sefala Building, Office 108 or 102

503 Belvedere street

Arcadia, Pretoria

 

Nominations should be clearly marked for the attention of Ms F Makinta at the telephone number (012) 319-8456, or e-mail: PA.DM@Dalrrd.gov.za and Ms M Pheeha (012) 319 8079 or email MildredPH@Dalrrd.gov.za.

 

LINK TO FULL NOTICE

 

Marketing of Agricultural Products Act: National Agricultural Marketing Council: Nominations invited

G 52288 GoN 5990

– Comment by 04 Mar 2025

14 March 2025

 

52288gon5990.pdf

 

 

CONSTRUCTION

 

 

LAW AND TYPE OF NOTICE

 

Quantity Surveying Profession Act:

 

Tribunal Hearing Rulings/Sanctions

 

G 52264 BN 755

 

14 March 2025

 

 

FULL TEXT

 

DETAILS

 

 

 

LINK TO FULL NOTICE

 

Quantity Surveying Profession Act: Tribunal Hearing Rulings/Sanctions

G 52264 BN 755

14 March 2025

 

52264bn755.pdf

 

 

CUSTOMS AND EXCISE

 

 

LAW AND TYPE OF NOTICE

 

Customs and Excise Act:

 

Imposition of Provisional Payment (PP/172) (English / Afrikaans)

 

G 52263 RG 11809 GoN 5978

 

14 March 2025

 

 

APPLIES TO: 

 

1.     Importers and Distributors: Companies that import screws and bolts from China will face higher costs due to the provisional duties. This could affect their pricing and competitiveness.

2.     Construction and Building Sector: Screws and bolts are essential in construction projects. Increased costs may impact project budgets and timelines.

3.     Mining Sector: Fasteners are used extensively in mining equipment and infrastructure. Higher costs could affect operational expenses.

4.     Automotive Sector: The automotive industry relies on screws and bolts for vehicle assembly and maintenance. Increased costs may influence production costs and pricing.

5.     DIY and Retail Sector: Retailers selling screws and bolts for do-it-yourself projects may need to adjust their pricing, potentially affecting consumer demand.

 

 

 

SUMMED UP

 

Effective Date: The provisional payment is effective up to and including September 13, 2025.

 

Goods Affected:

·         Other screws, fully threaded with hexagon heads (excluding those of stainless steel): Provisional payment of 166.07%.

·         Other bolts (excluding bolt ends, screw studs, and screw studding) with hexagon heads: Provisional payment of 17.65%.

 

 

 

FULL TEXT

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Customs and Excise Act: Imposition of Provisional Payment (PP/172) (English / Afrikaans)

G 52263 RG 11809 GoN 5978

14 March 2025

 

52263rg11809gon59780.pdf

 

 

ACTION

 

Ensure that you take note of the Provisional Payment which is effect from 13 September 2025

 

 

ENVIRONMENTAL

 

 

LAW AND TYPE OF NOTICE

 

Climate Change Act: Commencement

 

G 52319 P 251

 

17 March 2025

 

 

APPLIES TO: 

 

Government Bodies

  • National Departments: Various national departments are responsible for developing sector adaptation strategies and plans, including Agriculture, Energy, Environment, Health, Human Settlements, and Transport.
  • Provincial and Municipal Governments: Provincial Forums on Climate Change and Municipal Forums on Climate Change are established to coordinate climate change actions at their respective levels.

 

Public Entities

  • Presidential Climate Commission: This commission advises on the national climate change response and the just transition to a low-carbon economy.
  • State-Owned Entities: Entities involved in sectors like energy, transport, and water management are required to develop and implement adaptation strategies.

 

Private Sector

  • Businesses and Industries: Companies in sectors that emit greenhouse gases are subject to carbon budgets and must submit greenhouse gas mitigation plans. This includes industries such as manufacturing, mining, and energy production.
  • Importers and Exporters: Those dealing with synthetic greenhouse gases must comply with phase-down or phase-out plans.

 

Civil Society and Other Stakeholders

  • Organized Labour and Civil Society: These groups are involved in advising on climate change response and just transition efforts.
  • Traditional Leaders and Local Communities: They play a role in advising and implementing climate change adaptation measures.

 

Financial Institutions

  • Funding Mechanisms: The Act mandates the creation of mechanisms to support and finance climate change response efforts, involving national, provincial, and local governments.

 

General Public

  • Public Participation: The Act emphasizes the importance of public participation in the development and implementation of climate change policies and strategies.
 

FULL TEXT

 

DETAILS

 

 

COMMENCEMENT OF SECTIONS OF THE ACT.

 

Green – Full commencement

Orange – Partial Commencement

Red – No commencement yet

 

001.   Definitions

002.   Objects of Act

003.   Principles

004.   Application of Act

005.   Application of National Environmental Management Act

006.   Conflict with other legislation

007.   Alignment of policies

008.   Provincial Forums on Climate Change

009.   Municipal Forums on Climate Change

010.   Presidential Climate Commission

011.   Functions of Presidential Climate Commission

012.   Process of appointment

(Date of commencement of sub-s. (6): to be proclaimed)

013.   Appointment of Executive Director

(Date of commencement of sub-s. (1), (2) and para (b): to be proclaimed)

014.   Financial administration

(Date of commencement of para. (a): to be proclaimed)

015.   Reporting to government

(Date of commencement of sub-s. (5) and (6): to be proclaimed)

016.   Administrative and secretariat support

017.   Climate change response

(Date of commencement of s. 17: to be proclaimed)

018.   Finance mechanism

(Date of commencement of s. 18: to be proclaimed)

019.   Adaptation objectives

(Date of commencement of s. 19: to be proclaimed)

020.   Adaptation scenarios

(Date of commencement of s. 20: to be proclaimed)

021.   National Adaptation Strategy and Plan

(Date of commencement of s. 21: to be proclaimed)

022.   Sector Adaptation Strategy and Plan

(Date of commencement of s. 22: to be proclaimed)

023.   Adaptation Information and Synthesis Adaptation Report

024.   National greenhouse gas emissions trajectory

025.   Sectoral emissions targets

(Date of commencement of para. (c): to be proclaimed)

026.   Listed greenhouse gases and activities

(Date of commencement of sub-s. (2), (3), (4), (5) and (6): to be proclaimed)

027.   Carbon budgets

(Date of commencement of s. 27: to be proclaimed)

028.   Phase-down and phase-out of synthetic greenhouse gas emissions and declaration

(Date of commencement of s. 28: to be proclaimed)

029.   National Greenhouse Gas Inventory

030.   Regulations

(Date of commencement of para. (a) and (b): to be proclaimed)

031.   Consultation

032.   Public participation

033.   Delegation

034.   Access to information

035.   Offences and penalties

036.   Appeals

037.   Savings, transitional provisions and amendment of laws

038.   Short title and commencement

SCHEDULE 1 FUNCTIONS RELEVANT TO THE DEVELOPMENT OF SECTORAL EMISSIONS TARGETS

SCHEDULE 2 NATIONAL DEPARTMENTS AND STATE-OWNED ENTITIES RESPONSIBLE FOR CERTAIN FUNCTIONS REQUIRED TO DEVELOP A SECTOR ADAPTATION STRATEGY AND PLAN

SCHEDULE 3 AMENDMENT OF LAWS: SECTION 34

 

 

LINK TO FULL NOTICE

 

Climate Change Act: Commencement

G 52319 P 251

17 March 2025

52319proc251.pdf

 

ACTION

 

  • Review and Align Policies: All organs of state must ensure their policies and actions consider climate change risks.
  • Establish and Participate in Forums: Provincial and municipal governments must establish and participate in climate change forums.
  • Develop and Implement Plans: Provinces and municipalities must develop climate change response plans.
  • Monitor and Report: Entities must monitor their compliance and report on their progress.
  • Public Participation: Ensure public participation in the development and implementation of climate change policies

 

 

FINANCE

 

 

LAW AND TYPE OF NOTICE

 

Value-Added Tax Act:

 

Regulations: Value-Added Tax on domestic reverse charge relating to valuable metal

 

G 52295 GoN 5995

 

14 March 2025

 

 

APPLIES TO: 

 

1.     Gold Mining Companies:

·       Companies involved in the extraction and processing of gold will be directly impacted, especially those that produce goods containing gold in various forms

 

2.     VAT-Registered Vendors:

·       Both suppliers and recipients of valuable metals who are registered for VAT will need to comply with the new regulations. This includes re-validating their VAT registration status with the South African Revenue Service (SARS)

 

3.     Jewellery Manufacturers and Retailers:

·       Businesses involved in the manufacturing and sale of gold jewellery will need to adhere to the updated definitions and exclusions related to valuable metals

 

4.     Metal Refiners and Processors:

·       Companies that refine and process gold into various forms such as bars, ingots, and other specified forms will be subject to the new VAT reverse charge regulations

 

 

FULL TEXT

 

DETAILS

 

NATIONAL TREASURY

 

VALUE-ADDED TAX ACT, 1991

 

NO.5995 14 March 2025

 

REGULATIONS WITH REGARDS TO VALUE-ADDED TAX ON DOMESTIC REVERSE CHARGE RELATING TO VALUABLE METAL ISSUED IN TERMS OF SECTION 74(2) OF THE VALUE-ADDED TAX ACT, 1991 (ACT NO. 89 OF 1991)

 

I, Enoch Godongwana, Minister of Finance, under section 74(2) of the Value-Added Tax Act, 1991 (Act No. 89 of 1991), hereby amend the Domestic Reverse Charge regulations as set out in the Schedule hereto.

 

E Godongwana

MINISTER OF FINANCE

 

SCHEDULE

 

Definitions

 

1. In these Regulations, “the Regulations” means the regulations published by Government Notice No. R.2140 of 8 June 2022.

 

Amendment of regulation 1 of the Regulations

 

2. Regulation 1 of the Regulations is hereby amended —

 

(a) by the substitution for the definition of “valuable metal” of the following definition:

 

““valuable metal” means any goods in the form of jewellery, bars, blank coins, ingots, buttons, wire, plate, sponge, powder, granules, in a solution, sheet, tube, strip, rod, residue or similar forms, containing gold, including any ancillary goods or services but does not include supplies

 

(a) [of goods produced from raw materials by any “holder” as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No 28 of 2002), or by any person contracted to such “holder” to carry on mining operations in respect of the mine where such “holder’’ carries on mining operations;]

(b) contemplated in section 11(1)(f), (k) or (m) of the Act;

(c) of valuable metal containing less than 1 per cent of gold in gross weight; or

(d) jewellery plated with gold where the gold is present as a minor constituent only.

 

Effective Date

 

The proposed amendments will come into operation on the 01 April 2025.

 

 

LINK TO FULL NOTICE

 

Value-Added Tax Act: Regulations: Value-Added Tax on domestic reverse charge relating to valuable metal

G 52295 GoN 5995

14 March 2025

 

52295gon5995.pdf

 

 

ACTION

 

Ensure that you take note of the amendment.

 

 

 

LAW AND TYPE OF NOTICE

 

Value-Added Tax Act:

 

Regulations: Prescribing electronic services for purpose of definition of “electronic services”

 

G 52293 GoN 5993

 

14 March 2025

 

 

APPLIES TO: 

 

1. Technology Companies

  • Software Providers: Companies offering software as a service (SaaS), cloud computing services, and other software solutions delivered electronically.
  • Digital Content Providers: Businesses that supply digital content such as e-books, music, videos, and online courses.

 

2. Telecommunications Companies

  • Internet Service Providers (ISPs): Companies providing internet access and related services.
  • Telecom Operators: Firms offering telecommunications services, although the content of the telecommunication is excluded from the definition of electronic services.

 

3. E-Commerce Platforms

  • Online Marketplaces: Platforms facilitating the sale of goods and services online, including those that provide electronic services as part of their offerings.
  • Subscription Services: Businesses offering subscription-based access to digital content or services.

 

4. Educational Institutions

  • Online Education Providers: Institutions offering online courses and educational content, especially those not regulated by an educational authority in an export country.

 

5. Multinational Corporations

  • Group Companies: Multinational corporations with subsidiaries in South Africa that provide electronic services to their local entities.

 

6. Registered Vendors

  • Local Vendors: South African companies registered for VAT that receive electronic services from non-resident suppliers.

 

 

FULL TEXT

 

DETAILS

 

NATIONAL TREASURY

 

NO. 5993 14 March 2025

 

REGULATIONS PRESCRIBING ELECTRONIC SERVICES FOR THE PURPOSE OF THE DEFINITION OF “ELECTRONIC SERVICES” IN SECTION 1(1) OF THE VALUE-ADDED TAX ACT, 1991

 

I, Enoch Godongwana, Minister of Finance, hereby make, in the Schedule hereto, the regulations prescribing electronic services for purposes of the definition of “electronic services” in section 1(1) of the Value-Added Tax Act, 1991 (Act No. 89 of 1991).

 

These Regulations will come into effect on 1 April 2025 and will repeal all prior Regulations published for this purpose, from that date.

 

E Godongwana

MINISTER OF FINANCE

 

Schedule

 

Definitions

 

1. In these Regulations, unless otherwise indicated, any word or expression to which a meaning has been assigned in the Value-Added Tax Act, 1991 (Act No. 89 of 1991) (“the Act”), bears the meaning so assigned, and—

 

“content” means the signals, writing, images, sounds or information of any kind that are transmitted, emitted or received by a telecommunications service;

“electronic agent” means any electronic agent as defined in section 1 of the Electronic Communications and Transactions Act;

“electronic communication” means electronic communication as defined in section 1 of the Electronic Communications and Transactions Act;

“Electronic Communications and Transactions Act” means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);

 

“group of companies” means two or more companies in which one company (the “controlling group company”) directly or indirectly holds shares in at least one other company (the “controlled group company”), to the extent that—

a. 70 per cent of the equity shares in each controlled group company are directly held by the controlling group company, one or more other controlled group companies or any combination thereof; and

b. the controlling group company directly holds 70 per cent of the equity shares in at least one controlled group company;

 

“internet” means the internet as defined in section 1 of the Electronic Communications and Transactions Act; and

“telecommunications services” means the transmission, emission or reception, and the transfer or assignment of the right to use capacity for the transmission, emission or reception, of signals, writing, images, sounds or information of any kind by wire, cable, radio, optical or other electromagnetic system, or by a similar technical system, and includes access to global information networks but does not include the content of the telecommunication.

 

Services prescribed as electronic services

 

2. For the purposes of the definition of “electronic services” in section 1(1) of the Act “electronic services” means any services supplied by means of an electronic agent, electronic communication or the internet for any consideration, other than—

a. educational services supplied from a place in an export country and regulated by an educational authority in terms of the laws of that export country;

b. telecommunications services; or

 

c. services supplied from a place in an export country by a company that is not a resident of the Republic to a company that is a resident of the Republic if—

i. both those companies form part of the same group of companies; and

ii. the company that is not a resident of the Republic itself supplies Electronic services it exclusively discovered, devised, developed, created or produced for the purposes of consumption of those services by the company that is resident of the Republic;

 

d. services supplied from a place in an export country by a person that is not a resident of the Republic where such services are supplied solely to vendors registered in the Republic in terms of section 23 of the Act.

 

LINK TO FULL NOTICE

 

Value-Added Tax Act: Regulations: Prescribing electronic services for purpose of definition of “electronic services”

G 52293 GoN 5993

14 March 2025

 

52293gon5993.pdf

 

 

ACTION

 

1. VAT Registration

  • Foreign Suppliers: Non-resident suppliers of electronic services to South African customers must register for VAT in South Africa if their total taxable supplies exceed the registration threshold.
  • Local Suppliers: South African companies providing electronic services must ensure they are registered for VAT if they meet the threshold.

 

2. VAT Collection and Remittance

  • Charge VAT: Suppliers must charge VAT at the standard rate (currently 15%) on electronic services provided to South African customers.
  • Remit VAT: VAT collected must be remitted to the South African Revenue Service (SARS) according to the prescribed timelines.

 

3. Invoicing and Record-Keeping

  • Issue VAT Invoices: Suppliers must issue VAT-compliant invoices to customers for electronic services provided.
  • Maintain Records: Accurate records of all transactions, including invoices and receipts, must be maintained for audit purposes.

 

4. Reporting Requirements

  • VAT Returns: Suppliers must file regular VAT returns with SARS, detailing the VAT collected and remitted.
  • Annual Reports: Some suppliers may be required to submit annual reports summarizing their VAT activities.

 

5. Compliance with Exclusions

  • Educational Services: Ensure that educational services supplied from an export country and regulated by an educational authority are excluded from VAT.
  • Telecommunications Services: Telecommunications services are excluded from the definition of electronic services and should not be subject to VAT under these regulations.
  • Group Companies: Services supplied within a group of companies, where the non-resident company supplies services exclusively discovered, devised, developed, created, or produced for the resident company, are excluded from VAT.

 

6. Intermediary Obligations

  • Intermediaries: If an intermediary facilitates the supply of electronic services, they may be deemed the supplier and responsible for VAT compliance, including issuing invoices and collecting payments

 

7. Simplified Registration

  • Offshore Suppliers: SARS provides a simplified VAT registration regime to reduce the compliance burden for offshore suppliers required to register for VAT.
 

LAW AND TYPE OF NOTICE

 

Financial Markets Act:

 

JSE Listing requirements: Simplification Project: Amendments: Comments invited

 

G 52264 BN 757

 

– Comment by 14 May 2025

 

14 March 2025’

 

 

APPLIES TO: 

 

 

SUMMED UP

 

JSE Listings Requirements: Simplification Project – proposed amendments to the valuation report provisions

 

In September 2023, as part of its efforts to create an enabling listing environment, the Johannesburg Stock Exchange (JSE) commenced with a project to simplify the current JSE Listings Requirements (Requirements).

 

Section 13: Property Entities of the Requirements details the additional and different requirements for property entities with respect to financial information, valuation reports, and other property-specific disclosures. Non-property entities that carry out property-related transactions are also subject to additional requirements, principally relating to valuations.

 

In this alert, we provide a summary of the proposed changes to the valuation report provisions in terms of the draft amendments to Section 13: Property Entities, and the rationale given by the JSE.

 

As it exists, Section 13: Property Entities of the Requirements details the additional and different requirements for property entities with respect to financial information, valuation reports and other property-specific disclosures. Non-property entities that carry out property related transactions are also subject to additional requirements, principally relating to valuations. Below, we provide a summary of the proposed changes to the valuation report provisions in terms of the draft amendments to Section 13: Property Entities, and the rationale given by the JSE:

 

The approach taken by the JSE in these amendments is based on the rationale that properties which are held by property entities to produce rental income are not distinct from other businesses that use their assets to produce income. Shareholders are familiar with using financial information, and property entities should be treated no differently in the way in which they present financial information reflecting those business activities.

 

A staggered and open public consultation process was adopted and the JSE released a simplified consolidated version of the Requirements containing the proposed amendments. These amendments are subject to the Financial Sector Conduct Authority’s (FSCA) approval.

 

Valuation reports are only required for a new listing or category 1 transaction where the property does not have 12 months’ rental revenues in terms of arm’s length lease agreements, with a less than 10% vacancy level.

 

Undeveloped property and owner-occupied properties would still require valuation reports. The rationale given for this is that an independent valuation for properties that do not produce “independent” rental income streams (e.g. vacant land for development or an own use building) is useful information. Given the specialist nature of such an exercise, it is likely that the board would seek to obtain a valuation in any event.

 

Valuation reports are not required for category 2 related party transactions, given that the fairness opinion requirement for such a transaction provides the necessary regulatory safeguards.

 

Where a valuation report is required, the preparation of a separate summary valuation report is not necessary. Having regard to advances in technology and investors being able to easily access the detailed valuation reports and extract the information they need, the JSE’s view is that preparing this summary creates an unnecessary burden and time delay for issuers to effect transactions. The information previously contained in the summary valuation report will largely be included in the property-specific information disclosures and through the obligation introduced for the board to confirm legal title for new listings.

 

In terms of financial reporting, considering the advances in International Financial Reporting Standards (IFRS), particularly in terms of rigour and disclosures through IFRS 13 Fair Value Measurement which the JSE monitors compliance with, the obligation to obtain valuation reports on a rolling three-year basis is removed. It is the board’s responsibility to ensure accuracy of the values and compliance with IFRS.

 

For non-property entities, the threshold for when such an entity would need a valuation report (for the same limited circumstances set out in point 2 above) is changed from 25% to 50%, limited to an asset test. The wording of this requirement is positioned outside Section 13. The reasoning given for the threshold increase is that it provides a better level to distinguish between transactions of “property” and “businesses that use properties”, since many non-property entity issuers hold properties for their own use, and the worth to the business is not tied to a market value that they could obtain on disposal, but rather on the use of the assets within their operations, for example factories, warehouses or hotels.

 

For purposes of regulating the independence of the valuer in a more effective manner, clear detailed criteria are set out for the independence of the valuer providing the valuation report, coupled with the board’s obligation to sign off on such independence and to provide confirmation of no material changes in circumstances affecting the valuation.

 

Our current understanding of the status of the JSE’s Simplification Project is that an application has been made to the FSCA for approval, which entails publishing the amendments for a further and final round of public consultation through the Government Gazette prior to obtaining such approval.

 

Dane Kruger and Zakiya Shaik

Cliffe Dekker

 

 

FULL TEXT

 

DETAILS

 

BOARD NOTICE 757 2025

 

NOTICE OF 2025

 

FINANCIAL SECTOR CONDUCT AUTHORITY

 

FINANCIAL MARKETS ACT, 2012

 

PROPOSED AMENDMENTS TO THE JSE LISTING REQUIREMENTS: SIMPLIFICATION PROJECT

 

The Financial Sector Conduct Authority (“FSCA”) hereby gives notice under section 11(6)(c) of the Financial Markets Act, 2012 (Act No. 19 of 2012) that the proposed amendments to the JSE Listing Requirements have been published on the official website of the FSCA (www.fsca.co.za) for public comment. All interested persons who have any objections to the proposed amendments are hereby called upon to lodge their objections with the FSCA on email: Queries.Marketinfrastructures@fsca.co.za within a period of sixty days (60) days from the date of publication of this notice.

 

Mr Shreelin Naicker

Head of Department

Markets, Issuers and Intermediaries Department

Financial Sector Conduct Authority

 

JSE WEBSITE LINK

 

https://clientportal.jse.co.za/communication/issuer-regulation-simplification-project

 

 

LINK TO FULL NOTICE

 

Financial Markets Act: JSE Listing requirements: Simplification Project: Amendments: Comments invited

G 52264 BN 757

– Comment by 14 May 2025

14 March 2025

 

52264bn757.pdf

 

 

ACTION

 

Ensure that you submit your comments timeously.

 

 

LAW AND TYPE OF NOTICE

 

Public Finance Management Act:

 

Rate of interest on Government Loans

 

G 52264 GeN 3043

 

14 March 2025

 

 

APPLIES TO: 

 

State Organizations.

 

 

SUMMED UP

 

Sets out the Standard Interest Rate.

 

 

FULL TEXT

 

DETAILS

 

NATIONAL TREASURY

 

NOTICE 3043 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 March 2025 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 eleven percent (11,00%) per annum.

 

The above-mentioned Standard Interest Rate is applicable from 1 March 2025 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

G 52264 GeN 3043

14 March 2025

 

52290gen3043.pdf

 

 

LAW AND TYPE OF NOTICE

 

Financial Intelligence Centre:

 

Directive 3A: Notification of failure to report: Comments invited

 

G 52264 GoN 5980

 

– Comment by 21 Mar 2025

 

14 March 2025

 

 

APPLIES TO: 

 

Accountable institutions typically include, but are not limited to:

 

  • Banks and Financial Institutions: Commercial banks, mutual banks, and cooperative banks.
  • Insurance Companies: Long-term and short-term insurers.
  • Investment Firms: Asset managers, stockbrokers, and financial advisors.
  • Legal and Accounting Firms: Attorneys, notaries, and accountants.
  • Real Estate Agents: Agencies involved in property transactions.
  • Dealers in High-Value Goods: Businesses dealing in precious metals, stones, and luxury items.
  • Casinos and Gambling Institutions: Entities involved in gambling and betting activities.
  • Trust and Company Service Providers: Firms offering services related to the formation and management of companies and trusts.

 

 

FULL TEXT

 

DETAILS

 

DEPARTMENT OF FINANCE

 

NO. 5980 14 March 2025

 

FOR CONSULTATION PURPOSES ONLY

 

DRAFT DIRECTIVE 3A NOTIFICATION OF FAILURE TO REPORT AS REQUIRED BY THE FINANCIAL INTELLIGENCE CENTRE IN TERMS OF THE FINANCIAL INTELLIGENCE CENTRE, 2001 (ACT 38 OF 2001)

 

FOR CONSULTATION PURPOSES ONLY

 

Directive No. 3A of 2025

 

GENERAL EXPLANATORY NOTE:

 

[ ] Words in bold type in square brackets indicate omissions from the existing directive.

________ Words underlined with a solid line indicate insertions in the existing directive.

 

1. PURPOSE

 

1.1 This Directive is issued by the Financial Intelligence Centre (Centre) in terms of section 43A(1) of the Financial Intelligence Centre Act, 2001 (Act 38 of 2001) ([]FIC Act).

1.2 This directive applies to all accountable [and reporting] institutions and to other persons who have an obligation to file a report with the Centre in terms of the provisions of the FIC Act.

 

 

1.3 The Centre issues this directive to all accountable [and reporting] institutions and all other persons who have an obligation to file reports with the Centre in terms of sections 28, 28A, 29 and 31 of the FIC Act.

1.4 The principal objective of the Centre is to assist in the identification of the proceeds of unlawful activities and the combating of money laundering activities, the financing of terrorist and related activities and proliferation financing activities (section 3(1) of the FIC Act).

1.5 To achieve its objectives the Centre must process, analyse and interpret information disclosed to it, and obtained by it in terms of the FIC Act and retain such information in the manner and for the period as required in the FIC Act (section 4(a) and (d) of the FIC Act).

 

1.6 The Centre obtains information in the form of reports which are filed with it in accordance with the following sections of the FIC Act, as mentioned above:

􀁸 Section 28 – cash threshold reporting

􀁸 Section 28A – terrorist property reporting

􀁸 Section 29 – suspicious and unusual transaction reporting

􀁸 Section 31 – international funds transfer reporting.

 

1.7 Where the abovementioned persons or institutions fail to submit these reports to the Centre, intelligence data needed to fulfil its mandate is lost to the Centre.

 

2. Directive

 

2.1 This directive is effective from date of publication in the Government Gazette.

 

2.2 Where a person or institution becomes aware of a reporting failure to the Centre such person or institution has to mitigate the loss of intelligence data to the Centre in the following manner:

2.2.1 Inform the Centre in writing of the reporting failure immediately after becoming aware of such failure. The notification must be sent to the Executive Manager, Compliance and Prevention, Financial Intelligence Centre.

2.2.2 Request an engagement with the Centre to discuss relevant mitigation factors.

 

2.3 The subsequent arrangements for the mitigation of lost intelligence due to a failure to report [the Centre]does not imply condonation of the failure to report information to the Centre, nor does it absolve the reporter from its continuing reporting obligations under the FIC Act or prevent enforcement action being taken by the relevant supervisory body.

 

3. Consultation

 

3.1 Comments are invited from accountable institutions, supervisory bodies and all other persons on the draft Directive 3A by submitting only written comments via the online comments submission link only: Comments link: https://forms.office.com/Pages/ResponsePage.aspx?id=szVSHGOkAUqWp9wmNLKqdF6jFwSWV3dDjs8mbfsyxyJUMjhSUTJVWkZJODRES0FHNjFGV05VSFpaRi4u

 

3.2. Any questions or requests relating to this draft Directive 3A may be sent to the FIC only at consult@fic.gov.za. Submissions will be received until Friday, 21 March 2025 by close of business

 

MR P SMIT

ACTING DIRECTOR

FINANCIAL INTELLIGENCE CENTRE

 

 

LINK TO FULL NOTICE

 

Financial Intelligence Centre: Directive 3A: Notification of failure to report: Comments invited

G 52264 GoN 5980

– Comment by 21 Mar 2025

14 March 2025

 

52264gon5980.pdf

 

 

ACTION

 

Ensure that you submit your comments before Friday, 21 March 2025.

 

 

HEALTH AND SAFETY

 

 

LAW AND TYPE OF NOTICE

 

Compensation for Occupational Injuries and Diseases Act:

 

Confirmation of Employers Registration Details Forms

 

G 52333 GeN 3060

 

18 March 2025

 

 

APPLIES TO: 

 

All Organizations

 

 

FULL TEXT

 

DETAILS

 

LINK TO FULL NOTICE

 

Compensation for Occupational Injuries and Diseases Act: Confirmation of Employers Registration Details Forms

G 52333 GeN 3060

18 March 2025

 

52333gen3060.pdf

 

 

ACTION

 

Ensure that you submit your Employers Registration forms timeously if you have not done so already.

 

 

LABOUR

 

 

LAW AND TYPE OF NOTICE

 

Labour Relations Act:

 

Variation of Scope of the National Textile Bargaining Council

 

G 52263 RG 11809 GoN 5977

 

14 March 2025

 

 

LINK TO FULL NOTICE

 

Labour Relations Act: Variation of Scope of the National Textile Bargaining Council

G 52263 RG 11809 GoN 5977

14 March 2025

 

52263rg11809gon5977.pdf

 

LIQUOR

 

 

LAW AND TYPE OF NOTICE

 

Liquor Products Act:

 

Regulation: Amendments

 

G 52263 RG 11809 GoN 5976

 

14 March 2025

 

APPLIES TO: 

 

1.     Liquor Manufacturers: Companies producing beer, spirits, traditional African beer, and other liquor products will need to comply with new definitions and classifications

2.     Distributors and Retailers: Businesses involved in the distribution and sale of liquor products will be impacted by changes in packaging and labeling requirements

3.     Importers and Exporters: Organizations that import or export liquor products will need to ensure their products meet the updated standards and definitions

4.     Agricultural Producers: Producers of raw materials like hops and agave used in liquor production will be affected by the new classifications and regulations

5.     Regulatory Bodies: Government agencies responsible for enforcing liquor regulations will need to update their procedures and oversight mechanisms

 

SUMMED UP

 

1.     New Definitions:

·       Agave Classes: Specific classes defined in regulations 10A to 10N.

·       Beer Classes: Defined in column 1 of Table 3B.

·       Flavoured Spirits: Includes brandy, whisky, cane spirit, rum, gin, and vodka as specified in various regulations.

·       Hop Products: Includes any product made from hops, such as hop pellets and hop extracts.

·       Traditional African Beer Classes: Defined in column 1 of Table 3C.

·       Prepackaged: Refers to liquor products packaged for sale to consumers in that packaging material

.

2.     Amendments to Existing Regulations:

·       Various updates to definitions and classifications to include new categories and products.

·       Adjustments to align with international standards and practices

 

 

FULL TEXT

 

DETAILS

 

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

 

NO. R. 5976 14 March 2025

 

DEPARTMENT OF AGRICULTURE

 

LIQUOR PRODUCTS ACT, 1989 (ACT No. 60 OF 1989)

 

REGULATIONS: AMENDMENT

 

The Minister of Agriculture has, under section 27 of the Liquor Products Act, 1989 (Act No. 60 of 1989), made the regulations in the Schedule.

 

Please click on the link provided below for more details on the amendments.

 

 

LINK TO FULL NOTICE

 

Liquor Products Act: Regulation: Amendments

G 52263 RG 11809 GoN 5976

14 March 2025

 

52263rg11809gon5976.pdf

 

MEDICAL

 

 

LAW AND TYPE OF NOTICE

 

Pharmacy Act:

 

Competency standards for a specialist pharmacist who provides clinical pharmacy services in South Africa

 

G 52264 BN 752

 

14 March 2025

 

 

APPLIES TO: 

 

1.     South African Pharmacy Council (SAPC): As the regulatory body, SAPC oversees the implementation and adherence to these standards

2.     Pharmacy Schools and Universities: Institutions offering pharmacy education must align their curricula with these competency standards to ensure graduates meet the required qualifications

3.     Healthcare Facilities: Hospitals, clinics, and other healthcare providers employing clinical pharmacists must ensure their staff are trained and operate according to these standards

4.     Pharmaceutical Companies: Companies involved in the supply chain, compounding, and dispensing of medicines must adhere to the quality management and safety standards outline

5.     Professional Associations: Organizations representing pharmacists, such as the Pharmaceutical Society of South Africa, may use these standards to guide professional development and advocacy

 

SUMMED UP

 

Introduction

  • Clinical Pharmacy: Focuses on rational and appropriate use of medicines and pharmaceutical care to improve patient and community health outcomes.

 

Scope of Practice

  • Specialist Pharmacist: Provides advanced clinical services, leads clinical audits, develops policies, and engages in education and research.

 

Competency Standards and Domains

 

The standards are organized into six domains:

 

1.     Public Health

·       Promotion of Clinical Pharmacy Services: Developing and monitoring health systems.

·       Pharmacoeconomics: Ensuring cost-effective use of medicines.

 

2.     Safe and Rational Use of Medicine and Medical Devices

·       Patient Consultation: Gathering medical histories, counseling, and collaborating with other healthcare professionals.

·       Patient Medicines Review: Developing and monitoring pharmaceutical care plans.

·       Safety: Promoting safe handling and disposal of medicines and devices.

 

3.     Supply of Medicines and Medical Devices

·       Medicine Compounding: Preparing individualized doses.

·       Supply Chain Management: Managing storage and transportation.

·       Medicine Dispensing: Evaluating prescriptions and developing care plans.

 

4.     Quality Management in Clinical Pharmacy

·       Quality Assurance: Developing and maintaining clinical pharmacy systems.

·       Pharmaceutical Infrastructure Management: Designing and managing monitoring systems.

 

5.     Professional and Personal Practice

·       Good Record Keeping: Maintaining patient records and training documentation.

·       Patient-Centered Care: Reviewing and optimizing treatment plans.

·       Professional Practice: Developing clinical protocols and communicating effectively.

·       Continuing Professional Development: Keeping up with current research and practices.

 

6.     Education, Training, and Research

·       Workplace Education: Training clinical pharmacists and healthcare teams.

·       Clinical Trials: Developing and monitoring clinical trials.

·       Research: Conducting and publishing research.

 

 

FULL TEXT

 

DETAILS

 

COMPETENCY STANDARDS FOR A SPECIALIST PHARMACIST WHO PROVIDES CLINICAL PHARMACY SERVICES IN SOUTH AFRICA

 

TABLE OF CONTENTS

 

ACRONYMS

DEFINITIONS

1. INTRODUCTION

2. BACKGROUND

3. RATIONALE FOR DEVELOPMENT OF COMPETENCY STANDARDS FOR A

CLINICAL PHARMACIST

4. REGISTRATION OF CLINICAL PHARMACISTS

5. QUALIFICATIONS OF A CLINICAL PHARMACIST

6. STRUCTURE OF THE COMPETENCY STANDARDS AND DOMAINS

TABLE 1: SUMMARY OF CLINICAL PHARMACY COMPETENCY STANDARDS

DOMAIN 1: PUBLIC HEALTH  INTRODUCTION

DOMAIN 1: PUBLIC HEALTH

DOMAIN 2: SAFE AND RATIONAL USE OF MEDICINE AND MEDICAL DEVICES

DOMAIN 3: SUPPLY OF MEDICINES, MEDICAL DEVICES AND IVDS

DOMAIN 4: QUALITY MANAGEMENT IN CLINICAL PHARMACY

DOMAIN 5: PROFESSIONAL AND PERSONAL PRACTICE

DOMAIN 6: EDUCATION, TRAINING AND RESEARCH

REFERENCES

 

ACRONYMS

 

The following acronyms have been included; however, the list is not exhaustive –

 

CAPA Corrective Action and Preventative Action

GCP Good Clinical Practice

GXP Good Practice Guidelines and Regulations e.g., Good Manufacturing Practice

(GMP), Good Laboratory Practice (GLP), Good Wholesaling Practice (GWP) and Good Radiopharmacy Practice (GRPP) and other pharmaceutical practices

HTA Health Technology Assessment

IPC Infection, Prevention and Control

IVDs In-vitro Diagnostics

PTC Pharmacy and Therapeutics Committee

SOP Standard Operating Procedure

TDM Therapeutic Drug Monitoring

UHC Universal Health Coverage

 

DEFINITIONS

 

“Change control report” is a document that records the process of coordinated activities through which a desired change is implemented in an existing function, process, or product in the pharmaceutical industry.

“Clinical Pharmacist” is a pharmacist registered with Council to offer clinical pharmacy services.

“Specialist pharmacist student” means a pharmacist who is registered as such in terms of the Pharmacy Act 53 of 1974 (the Act).

“Specialist pharmacist resident” means a pharmacist who is registered as such in terms of the Pharmacy Act 53 of 1974 (the Act).

“Specialist pharmacist” means a pharmacist who is registered as such in terms of the Pharmacy Act 53 or 19754 (the Act).

“Speciality” means a specialist qualification in one of the fields of pharmacy approved and published in rules made by Council.

 

For purposes of this document, the terms drug and medicine are used interchangeably.

 

1. INTRODUCTION

 

Clinical pharmacy is aimed at the development and promotion of rational and appropriate use of medicines and pharmaceutical care, in the interest of the patient and the community.

 

Patients with advanced disease have multiple symptoms, and treatment becomes complicated. This makes it difficult for patients and/or their carers to manage their medicines which leads to symptoms being inadequately controlled and a low level of therapeutic compliance. Pharmacists have the responsibility to identify, resolve, and prevent each patient’s therapeutic problems. These responsibilities are met by using the caring paradigm in a patient-centred manner.

 

Pharmaceutical care mandates that pharmacists should not only dispense medicines but also assume the responsibility of improving the quality of life of patients and improving therapy outcomes.

 

Pharmaceutical care within a clinical pharmacy context as practiced within a multidisciplinary team involves the implementation of the following steps:

(a) Assessment of patient health and formulation of treatment plans.

(b) Monitoring of patient’s response to therapy to ensure optimum therapeutic outcomes.

(c) Performing medicine reviews to detect and resolve medicine-related problems.

(d) Documentation of the care provided and provision of advice to patients in a way that patients understand.

 

2. BACKGROUND

 

In 2018, the South African Pharmacy Council published the reviewed competency standards for pharmacists. Competency standards have been developed and used as the basis for pharmacy education and practice since 2006. The competency standards for a pharmacist providing clinical pharmacy services are based on the competency standards for pharmacists.

 

These competency standards for a clinical pharmacist are developed to encompass the scope of practice of a clinical pharmacist as a specialist pharmacist.

 

2.1 THE SCOPE OF PRACTICE FOR A CLINICAL PHARMACIST

 

In addition to the acts and services which form part of the scope of practice of the pharmacist as prescribed in terms of Regulations 3 and 4 of the Regulations relating to the practice of Pharmacy; a pharmacist who has completed a master’s degree in clinical pharmacy must be allowed to provide the following services or acts pertaining to the scope of practice of a clinical pharmacist:

(a) Provide advanced clinical services to medical specialities;

(b) Take a pharmaceutical leadership role in clinical protocol and guideline development;

(c) Lead clinical audits of medicine use;

(d) Act as a leading pharmaceutical partner within a multi-professional healthcare team;

(e) Develop, implement, evaluate and provide strategic leadership for clinical pharmacy services;

(f) Appraise clinical pharmacy information, make informed decisions with the evidence available and be able to justify/defend the decisions;

(g) Develop policies and procedures specifically for clinical pharmacy;

(h) Provide education and training related to clinical pharmacy; or

(i) Perform research, teach, and publish in clinical pharmacy.

 

The scope of practice of a specialist pharmacist student is the same as the scope of practice of a specialist pharmacist practiced under the auspices of a provider.

 

The scope of practice of a specialist pharmacist resident is the same as the scope of practice of a specialist pharmacist practiced under the supervision of a specialist pharmacist.

 

3. RATIONALE FOR DEVELOPMENT OF COMPETENCY STANDARDS FOR A CLINICAL PHARMACIST

 

The rationale is to train advanced-level clinical pharmacists who can register with Council as specialists and contribute to capacity building in the field of clinical pharmacy as well as create specialists in the field of pharmacy, for the advancement of health care in South Africa in line with Universal Health Coverage (UHC).

 

Additionally, according to Van Mil (2004) “if we want to try to prove that the structured provision of pharmaceutical care has an effect on outcomes, we must first of all make sure that the care provided matches the needs of the patients in that specific health system”.

 

Historically, the role of the pharmacist, regardless of the health setting, was to ensure prompt and efficient medicine supply, adequate stock, accurate dispensing, compounding, storage and transport, and to ensure that medicines are easily accessible to patients who need them.

 

The pharmacist is also responsible for the selection of medicines, dosage forms, and monitoring of patient compliance.

 

Clinical pharmacists are required to understand the provision of pharmaceutical care that matches the patient’s specific health needs. These pharmacists focus on disease prevention and treatment, including evidence-based medicine use and related care that improve both short and long-term outcomes for patients.

 

The competency standards have been developed to encompass the changes and developments including new technologies, work processes, changes in legislation and international trends. This is to primarily ensure the production and promotion of prudent and proper medicine usage and pharmaceutical care, in both the patient’s and the public’s best interests.

 

4. REGISTRATION OF CLINICAL PHARMACISTS

 

Clinical pharmacists are obliged to be registered with Council for the purposes of offering the acts related to their scope of practise as follows:

 

(a) Specialist pharmacist student.

(b) Specialist pharmacist resident.

(c) Specialist pharmacist.

 

5. QUALIFICATIONS OF A CLINICAL PHARMACIST

 

For purposes of registration as a clinical pharmacist, a pharmacist must have obtained –

 

(a) a professional master’s degree in clinical pharmacy as determined by Council and published from time to time, or

(b) a qualification deemed to be equivalent or higher than the professional Master’s degree in clinical pharmacy as assessed by Council.

 

6. STRUCTURE OF THE COMPETENCY STANDARDS AND DOMAINS

 

A competency framework consisting of six (6) domains suitable for the South African context was developed together with several associated competencies. A domain represents an organised cluster of competencies within a framework and the domains with associated competencies, as summarised in Table 1. The behavioural statements indicating how individuals working within a competency framework should behave in practice have also been drafted.

 

 

LINK TO FULL NOTICE

 

Pharmacy Act: Competency standards for a specialist pharmacist who provides clinical pharmacy services in South Africa

G 52264 BN 752

14 March 2025

 

52264bn752.pdf

 

 

ACTION

 

Registration and Qualifications

1.             Registration: Clinical pharmacists must be registered with the South African Pharmacy Council (SAPC) as specialist pharmacist students, residents, or fully qualified specialist pharmacists

2.             Qualifications: Pharmacists must obtain a professional master’s degree in clinical pharmacy or an equivalent qualification as determined by the SAPC

 

Adherence to Competency Standards

3.              Public Health: Promote clinical pharmacy services and ensure cost-effective use of medicines

4.              Safe and Rational Use of Medicine and Medical Devices: Conduct patient consultations, review medicines, and ensure safety in handling and disposal

5.              Supply of Medicines and Medical Devices: Manage compounding, supply chain, and dispensing of medicines

6.              Quality Management: Implement quality assurance systems and manage pharmaceutical infrastructure

7.              Professional and Personal Practice: Maintain good record-keeping, provide patient-centered care, and engage in continuous professional development

8.              Education, Training, and Research: Provide education and training, participate in clinical trials, and conduct research

 

Implementation and Monitoring

9.              Develop Policies and Procedures: Establish and maintain policies and procedures for clinical pharmacy services

10.            Clinical Audits: Lead audits to ensure compliance with clinical pharmacy standards

11.            Quality Assurance: Develop and maintain systems to ensure the quality, safety, and efficacy of pharmaceutical services

 

Professional Development

12.            Continuing Education: Engage in ongoing professional development to stay current with research and best practices

13.            Peer Reviews: Participate in peer reviews to ensure high standards of practice

 

 

LAW AND TYPE OF NOTICE

 

Health Professions Act:

 

Regulations: Defining scope of Profession of Medical Orthotics and Prosthetics (English / isiZulu)

 

G 52264 GoN 5981

 

14 March 2025

APPLIES TO: 

 

Occupational Therapy, Medical Orthotists/ Prosthetists

 

 

FULL TEXT

DETAILS
 

LINK TO FULL NOTICE

 

Health Professions Act: Regulations: Defining scope of Profession of Medical Orthotics and Prosthetics (English / isiZulu)

G 52264 GoN 5981

14 March 2025

 

52291gon5981.pdf

 

 

LAW AND TYPE OF NOTICE

 

Various Medical Service Provider increases under Compensation for Occupational Injuries and Diseases Act

 

 

LINK TO FULL NOTICE

 

Compensation for Occupational Injuries and Diseases Act: Chiropractor: Annual increase in medical tariffs for Medical Services Providers

G 52330 GeN 3057

17 March 2025

 

52330gen3057.pdf

 

Compensation for Occupational Injuries and Diseases Act: Physiotherapy: Annual Increase in medical tariffs for Medical Services Providers

G 52328 GeN 3055

17 March 2025

 

52328gen3055.pdf

 

Compensation for Occupational Injuries and Diseases Act: Social Worker and Psychology: Annual Increase in medical tariffs for Medical Services Providers

G 52327 GeN 3054

17 March 2025

 

52327gen3054.pdf

 

Compensation for Occupational Injuries and Diseases Act: Wound Care and Blood Services: Annual Increase in medical tariffs for Medical Services Providers

G 52325 GeN 3052

17 March 2025

 

52325gen3052.pdf

 

Compensation for Occupational Injuries and Diseases Act: Private Hospital: Annual Increase in medical tariffs for Medical Services Providers

G 52323 GoN 3050

17 March 2025

 

52323gon3050.pdf

 

Compensation for Occupational Injuries and Diseases Act: Occupational Therapy: Annual Increase in medical tariffs for Medical Services Providers

G 52321 GeN 3048

17 March 2025

 

52321gon3048.pdf

 

Compensation for Occupational Injuries and Diseases Act: Optometry: Annual increase in medical tariffs for Medical Services Providers

G 52331 GeN 3058

17 March 2025

 

52320gon5998.pdf

 

Compensation for Occupational Injuries and Diseases Act: Dental: Annual increase in medical tariffs for Medical Services Providers

G 52329 GeN 3056

17 March 2025

 

52329gen3056.pdf

 

Compensation for Occupational Injuries and Diseases Act: Speech Therapy, Audiology and Acousticians: Annual Increase in medical tariffs for Medical Services Providers

G 52326 GeN 3053

17 March 2025

 

52326gen3053.pdf

 

Compensation for Occupational Injuries and Diseases Act: Renal Care, Perfusionists and Registered Nephrology Nurses: Annual Increase in medical tariffs for Medical Services Providers

G 52324 GeN 3051

17 March 2025

 

52324gen3051.pdf

 

Compensation for Occupational Injuries and Diseases Act: Radiography and Dietician: Annual Increase in medical tariffs for Medical Services Providers

G 52322 GeN 3049

17 March 2025

 

52322gon3049.pdf

 

Compensation for Occupational Injuries and Diseases Act: Ambulance: Annual increase in medical tariffs for Medical Services Providers

G 52332 GeN 3059

17 March 2025

 

52332gen3059.pdf

 

 

LAW AND TYPE OF NOTICE

 

Health Professions Act:

 

Regulations: Registration of Optometry or Dispensing Optician Students

 

G 52264 GoN 5982

 

14 March 2025

 

 

APPLIES TO: 

 

Optometry or Dispensing Optician Students

 

 

FULL TEXT

 

DETAILS

 

LINK TO FULL NOTICE

 

Health Professions Act: Regulations: Registration of Optometry or Dispensing Optician Students

G 52264 GoN 5982

14 March 2025

 

52264gon5982.pdf

 

 

LAW AND TYPE OF NOTICE

 

Pharmacy Act:

 

Competency standards for a specialist pharmacist who provides radiopharmaceutical services in South Africa

 

G 52264 BN 753

 

14 March 2025

 

 

APPLIES TO: 

 

Specialist pharmacist who provides radiopharmaceutical

 

 

FULL TEXT

DETAILS
 

LINK TO FULL NOTICE

 

Pharmacy Act: Competency standards for a specialist pharmacist who provides radiopharmaceutical services in South Africa

G 52264 BN 753

14 March 2025

 

52264bn753.pdf

 

LAW AND TYPE OF NOTICE

 

Pharmacy Act:

 

Rules: Good Pharmacy Practice: Correction

 

G 52264 BN 751

 

14 March 2025

 

 

APPLIES TO: 

 

Pharmacies.

 

 

FULL TEXT

 

DETAILS

 

BOARD NOTICE 751 OF 2025

 

SOUTH AFRICAN PHARMACY COUNCIL

 

CORRECTION NOTICE – BOARD NOTICE 674 of 2024

 

Board Notice 674 of 2024, published on 4 October 2024 in Government Gazette No. 51352, is hereby corrected as per the details below:

 

Rule 4.2.3.3.1 Standard operating procedures: Community Pharmacy is hereby deleted and replace with  Rule 4.2.3.3.1 as follows:

 

4.2.3.3.1 Community

 

Pharmacy Premises

 

(a) good housekeeping (cleaning procedures, etc. as well as pest elimination);

(b) access control – keys, who can be in dispensary & stockrooms etc.; and

(c) procedures for specialised services (depending on what specialised services the pharmacy offers).

 

Pharmaceutical Services:

 

(a) all professional services and procedures provided as per the scope of practice of a pharmacist;

(b) informed consent;

(c) confidentiality;

(d) infection control;

(e) disposal of sharp-edged & hazardous materials; and

(f) needle stick injury & blood spill procedures (where applicable).

 

Management and Administrative Procedures:

 

(a) ADR & Quality reporting combined with the handling of product complaints;

(b) storage, retrieval and disposal of records and patient information;

(c) receiving of medicines;

(d) storage of medicines;

(e) cold chain management;

(f) handling of S6 medicines;

(g) pre-packing and quality assurance procedures (where applicable);

(h) collection and delivery of medicines;

(i) effective stock rotation;

 

(j) stock-taking;

(k) disposal or removal of expired, damaged and/or contaminated stock as required;

(l) recall of medicine;

(m) compounding of extemporaneous preparations, where applicable);

(n) maintenance of equipment (e.g. calibration of dispensing balances);

(o) preparation of TPN/large volume parenteral (including quality assurance procedures) (where applicable);

(p) oncology mixing (including quality assurance procedures) (where applicable);

(q) preparation of IV admixtures (including quality assurance procedures) (where applicable);

(r) enquiry or complaint procedure; and

(s) staff training.

 

VM Tlala

REGISTRAR

 

Address: 591 Belvedere Street. Arcadia. Pretoria. 0083. Private Bag X40040. Arcadia. 0007.

Telephone: 0861 7272 00. Facsimile 012-321 1479/92

 

LINK TO FULL NOTICE

Pharmacy Act: Rules: Good Pharmacy Practice: Correction

G 52264 BN 751

14 March 2025

 

52264bn751.pdf

 

PROPERTY

 

 

LAW AND TYPE OF NOTICE


Electronic Deeds Registration Systems Act:

 

Commencement of Sections 1, 3 and 6 on 1 April 2025 (English / Afrikaans)

 

G 52289 P 250

 

14 March 2025

 

 

APPLIES TO: 

 

1.     Conveyancers: Legal professionals who prepare and lodge deeds and documents for registration.

2.     Registrars of Deeds: Officials responsible for the registration and management of deeds and documents.

3.     Property Owners and Buyers: Individuals and entities involved in property transactions.

4.     Financial Institutions: Banks and other entities that handle mortgage bonds and other property-related financial transactions.

 

 

SUMMED UP

 

Commencement of Sections:

 

Green – Commencement

Orange – Partial Commencement

 

001.   Definitions

“signature: – (Date of commencement of s. 1: 1 April, 2025)

002.   Development, establishment and maintenance of electronic deeds registration system

(Date of commencement of s. 2: 2 December, 2019)

003.   Validity of deeds and documents

(Date of commencement of s. 3: 1 April, 2025)

004.   Authorised users

(Date of commencement of s. 4: 2 December, 2024)

005.   Regulations

(Date of commencement of s. 5: 2 December, 2024)

006.   Transitional provisions

(Date of commencement of s. 6: 1 April, 2025)

007.   Short title and commencement

 

 

FULL TEXT

 

DETAILS

 

 

 

LINK TO FULL NOTICE

 

Electronic Deeds Registration Systems Act: Commencement of Sections 1, 3 and 6 on 1 April 2025 (English / Afrikaans)

G 52289 P 250

14 March 2025

 

52289proc250.pdf

 

CONSTRUCTION ARTICLES

 

 

SOUTH AFRICA

 

Possible culpable homicide charges loom over deadly collapse of George building

 

Sunday Times reports that an investigation into last year’s George building collapse in which 34 people died has found “gross negligence” on the part of the construction company and has recommended possible culpable homicide charges.

 

The forensic probe initiated by the National Home Builders Registration Council (NHBRC) after the 6 May tragedy, in which a multistorey apartment block collapsed during construction, found “widespread procedural failures” and noncompliance with building regulations. It cited late-enrolment (registration) with the council, inspection failures, material deficiencies and occupational health and safety violations, and questioned “the competency of those involved in the project”. More than 60 people were on site at the time of the collapse and many of them were buried under rubble. The development by Neo Victoria Developments, with Liatel as the contracted builder, was intended to be a residential complex with 42 units. “The company’s [Liatel] gross negligence, demonstrated by its failure to comply with regulatory standards, misrepresentations during the enrolment process and negligence in addressing structural defects, played a significant role in the unsafe conditions that led to the disaster,” according to the report. Liatel was not qualified to build a multistorey building, the report states. The investigation also raised questions about the processes followed by the George municipality in issuing approvals for the project. “Given the clear link between Liatel’s actions — or lack thereof — and the collapse, law enforcement should conduct a criminal investigation to determine whether the company’s negligence amounts to culpable homicide. This investigation must hold the company, Neo Victoria Developments, and their responsible officials accountable for the loss of life, ensuring that justice is served for the victims of this preventable tragedy,” the report reads. Human settlements minister Thembi Simelane indicated: “We will refer the report to our law enforcement agencies for investigation and possible criminal charges.”

 

  • Read the full original of the report in the above regard by Phathu Luvhengo at Sunday Times (subscriber access only)
  • Read too, George building collapse report to be made public once concluded, at SABC News

 

 

FOODSTUFFS ARTICLES

 

 

SOUTH AFRICA

 

South Africa’s new cannabis ban: what you need to know

 

The recent blanket ban on cannabis and hemp products in foodstuffs has sparked controversy among cannabis experts and industry players.

The health department gazetted the decision on March 7, banning the import, manufacture and sale of any food products containing cannabis or its derivatives.

This includes components from the cannabis sativa plant such as hemp seed oil, hemp flour and cannabis-infused drinks.

 

The decision, published under the Foodstuffs, Cosmetics and Disinfectants Act, has raised concerns about public safety, regulatory gaps and potential pressure from powerful industries.

 

The rationale behind the ban includes concerns about public safety, with fears that unregulated edible cannabis products may reach vulnerable consumers, including minors.

The absence of a national framework for the safe production and testing of these products has led to the ban, but critics argue it will also stifle the potential economic benefits of cannabis legalisation.

 

The new policy also highlights a significant contradiction in the government. The ban comes shortly after the passing of the Cannabis for Private Purposes Bill, which allows private cultivation of cannabis for personal use.

The contrast between these two policies has sparked debates about whether the government is fully committed to cannabis legalisation.

 

The ban removes cannabis-derived food products such as hemp seeds, oil and protein powder from retail shelves.

The focus now shifts to the pharmaceutical sector, as cannabis and hemp derivatives are increasingly used to treat severe medical conditions, including cancer, Parkinson’s and arthritis.

Medical cannabis is available on prescription from authorised practitioners and can be dispensed by registered pharmacists.

 

While the move has drawn criticism, some suspect it may stem from concerns about potential lobbying by the pharmaceutical and alcohol industries, which could lose market share to cannabis products.

The full effect of the ban remains to be seen, especially as the Cannabis for Private Purposes Act remains inactive until a regulatory framework is established.

 

As South Africa navigates its cannabis policies, questions linger about the government’s approach to regulation and the future of the growing industry.

The new ban reflects debates about safety, economic empowerment and the balance between regulation and legalisation.

 

Modiegi Mashamaite

TimesLIVE

 

LEGAL ARTICLES

 

 

SOUTH AFRICA

 

Lawyers welcome new insolvency court

 

The Johannesburg high court this week announced that it would pilot a dedicated insolvency court, a move widely celebrated by specialist lawyers as it will see insolvency cases being heard within a month of enrolment.

 

Previously, these cases could take many months to be heard. Insolvency matters are “generally, by their nature, urgent”, said Graham Girdwood SC, chair of the high court committee at the Johannesburg Society of Advocates. They require a swift determination to prevent unnecessary financial loss, job losses and prolonged uncertainty for creditors, he said.

 

The delay between the enrolment of a case and a decision by a court could also significantly increase the costs for everyone, said Colin Strime, joint CEO of Fluxmans Attorneys and a specialist in insolvency law.

 

Ntlhane Makena, head of the insolvency department at ENS Africa, said the new court would put South Africa on a par with the rest of the world, where insolvency cases are, as a matter of best practice, dealt with speedily. When international lenders and investors enter the South African market “they always ask about policy certainty and outcomes”, he said. “So we are meeting those best practice principles.”

 

Deputy judge president Roland Sutherland said the thinking behind the dedicated court was the same as that behind the dedicated family court, where there was an “obvious public interest” that matrimonial litigation did not drag on. Here there was a similar point of departure. “Can you have commercial dealings which result in the crisis of insolvency dangling for years? The policy choice is no,” he said.

 

The Gauteng division was recognising what limited resources it had and “trying to organise the work in the most efficient way possible”.

 

The Johannesburg court is the busiest high court in the country and has been in the news for its crippling backlog. Girdwood said the general opposed motion court was fully enrolled to November 3. This is the court where, almost always, insolvency cases (such as liquidation matters and applications for business rescue) are heard.

 

If a request for a hearing date was made today, there was a real prospect that a date would not be granted before the end of the year, he said. But with the dedicated insolvency court, there would be a four-week cycle from request for enrolment to the week of the hearing, which would eliminate the need to approach the urgent motion court, except during the recess period. This was likely to alleviate the burden on the urgent court, said Girdwood.

 

Strime explained why time is of the essence when it comes to insolvency cases. When a liquidation order is made, the date of the liquidation is retrospective — backdated to the initial application date. But between the date of application and the date an order is granted, trading may continue and payments can be made. These payments will be set aside in the future by liquidators, he said.

 

Other activities could also lead to further litigation. For example, assets may be sold for below value to keep cash coming in, some creditors are preferred over others — things called “impeachable transactions” in the Insolvency Act.

 

All this further litigation costs money, which must be paid out of the already small pot available for the company to pay its debts. The longer everything takes, the longer the company will continue to trade in insolvent circumstances, which is prejudicial and not good for suppliers, who may not get paid.

 

Makena added that sometimes a business would just shut up shop while a liquidation application was pending and there was a risk that assets would be abandoned and lose value, to the detriment of creditors.

 

The new court is expected to start hearing cases in May, with matters being enrolled in April.

 

By Franny Rabkin

Sunday Times

 

  • END

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