Dear Subscribers,
Please see the attached link to a more detailed PDF version of the weekly Gazette and Newsflash for 14 – 20 August 2025: LC-Gazette and Newsflash 14 – 20 August 2025
Please see the latest happenings below:
| AGRICULTURE
Agricultural Product Standards Act:Regulations: Classification, packing and marking of dairy and imitation dairy products in South Africa
| ENERGY
National Nuclear Regulator Act: Fees
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| FINANCE
Accounting Standards Board:Exposure Draft 214: Comments invited | LABOUR
Skills Development Act: Appointment of administration of Local Government Sector Education and Training Authority (LGSETA) Skills Development Act: Appointment of administrator of Construction Sector Education and Training Authority (CETA) Skills Development Act: Appointment of administration of Services Sector Education and Training Authority (Services SETA) National Minimum Wage Act: Investigation into National Minimum Wage: Comments invited Basic Conditions of Employment Act: Employers and employees excluded from payment of contributions to benefit fund: Intention to withdraw variation notice: Comments invited Labour Relations Act: Building Industry Bargaining Council: Extension of Consolidated Main Collective Agreement to non-parties: Correction Labour Relations Act: Cancellation of registration of employers’ organisation: Pressure Equipment Manufacturers’ Association of South Africa |
| South Africa: Navigating internal restructurings — What companies should know Uganda gazettes the Competition Regulations, 2025 Big VAT changes on the cards for South Africa Key regulatory changes impacting the mining sector | |
Alison and The Legal Team
CONTENTS
CUSTOMS, EXCISE AND INTERNATIONAL TRADE
National Qualifications Framework Further Amendment Bill: Draft: Extension of deadline for comments
National Nuclear Regulator Act: Fees
Accounting Standards Board: Exposure Draft 214: Comments invited
National Minimum Wage Act: Investigation into National Minimum Wage: Comments invited
South Africa: Navigating internal restructurings — What companies should know
Uganda gazettes the Competition Regulations, 2025
Big VAT changes on the cards for South Africa
Key regulatory changes impacting the mining sector
AGRICULTURE
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| LAW AND TYPE OF NOTICE
Agricultural Product Standards Act:
Regulations: Classification, packing and marking of dairy and imitation dairy products in South Africa
G 53149 RG 11865 GoN 6501
15 August 2025
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| APPLIES TO:
1. Dairy Producers – Farms and companies involved in producing milk and other dairy products. 2. Packaging Companies – Businesses that package dairy and imitation dairy products for retail. 3. Distributors and Retailers – Entities that sell or distribute dairy products within South Africa. 4. Food Safety and Quality Assurance Organizations – Groups responsible for ensuring compliance with food standards and safety regulations. 5. Regulatory Bodies – Government and independent agencies overseeing agricultural and food product standards. 6. Manufacturers of Imitation Dairy Products – Companies producing plant-based or synthetic alternatives to traditional dairy. 7. Importers and Exporters – Businesses involved in cross-border trade of dairy and imitation dairy products.
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| SUMMED UP
1. Expanded Definitions
2. Product Classification
3. New Product Categories
4. Labelling and Marking Requirements
5. Container Requirements
6. Exemptions and Traditional Use
7. Sampling and Analysis
8. Offences and Penalties
9. Commencement and Repeal
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| FULL TEXT |
| DETAILS
Draft Regulations: Dairy and Imitation Dairy Products
Due date: 30 September 2025
Enquiries: Ms Purity Mkhize
Email: PurityM@dalrrd.gov.za
Tel: 012 319 6106
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| LINK TO FULL NOTICE
Agricultural Product Standards Act: Regulations: Classification, packing and marking of dairy and imitation dairy products in South AfricaG 53149 RG 11865 GoN 6501 15 August 2025
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| ACTION
Ensure that you submit your comments by 30 September 2025.
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CUSTOMS, EXCISE AND INTERNATIONAL TRADE
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| LAW AND TYPE OF NOTICE
International Trade Administration Commission of South Africa:
Notice of Initiation of a Sunset Review of the Anti- Dumping duties on Boards, Sheets, Panels, Tiles and Similar Articles of Plaster or of Compositions based on Plaster, not ornamented, faced
G 53206 GeN 3437
20 August 2025
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| FULL TEXT
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| DETAILS
DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION
NO. 3437 20 August 2025
INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA
NOTICE OF INITIATION OF A SUNSET REVIEW OF THE ANTI-DUMPING DUTIES ON BOARDS, SHEETS, PANELS, TILES AND SIMILAR ARTICLES OF PLASTER OR OF COMPOSITIONS BASED ON PLASTER, NOT ORNAMENTED, FACED OR REINFORCED WITH PAPER OR PAPERBOARD ONLY, NOT ORNAMENTED ORIGINATING IN OR IMPORTED FROM THAILAND AND INDONESIA
Regulation 53.1 and 53.2 of South Africa’s Anti-Dumping Regulations (ADR) state that “anti-dumping duties shall remain in place for a period not exceeding 5 years from the imposition or the last review thereof”, and “if a sunset review has been initiated prior to the lapse of an anti-dumping duty, such anti-dumping duty shall remain in force until the sunset review has been finalised.”
On 07 June 2024 the Commission through Notice No. 2550 in Government Gazette No.50772 notified interested parties that unless a substantiated request by or on behalf of the Southern African Customs Union (SACU) industry was made indicating that the expiry of the ant-dumping duties on boards, sheets, panels, tiles and similar articles of plaster or of compositions based on plaster, not ornamented, faced or reinforced with paper or paperboard only, not ornamented (Gypsum plasterboard) originating in or imported from Thailand and Indonesia would likely lead to the continuation or recurrence of dumping and material injury, the anti-dumping duties on gypsum plasterboard originating in or imported from Thailand and Indonesia will expire on 27 August 2025.
THE APPLICANT
The application was lodged by Saint-Gobain Construction Products South Africa (Pty) Ltd (the Applicant), Supported by Etex South Africa Building System (Pty) Ltd. The Applicant is the major producer of the subject product in the Southern African Customs Union (SACU).
The Applicant alleged that the expiry of the anti-dumping duties would likely lead to the continuation or recurrence of dumping and continuation or recurrence 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 Gypsum Plasterboard originating in or imported from Indonesia and Thailand be initiated.
THE PRODUCT
The anti-dumping duties subject to this sunset review are applicable to boards, sheets, panels, tiles and similar articles of plaster or of compositions based on plaster, not ornamented, faced or reinforced with paper or paperboard only, not ornamented originating in or imported from Thailand and Indonesia, classifiable under tariff subheading 6809.11.
THE ALLEGATION OF CONTINUATION OR RECURRENCE OF DUMPING
The allegation of continuation or recurrence of dumping is based on the comparison between the normal values and the export prices. The normal values for Thailand and Indonesia were based on ex-factory price quotations obtained from domestic producers of the subject product in Thailand and Indonesia.
In the absence of exports from Thailand and Indonesia to SACU during the period of investigation, the Applicant nominated India for purposes of export price determination.
The dumping margins for Thailand and Indonesia were determined to be 22.26% and 41.74%, respectively.
On this basis, the Commission found that there was prima facie proof indicating that the expiry of the anti-dumping duties would likely lead to the continuation or recurrence of dumping of the subject product originating in or imported from Indonesia and Thailand.
THE ALLEGATION OF RECURRENCE OF MATERIAL INJURY
The Applicant alleged and submitted prima facie evidence to indicate that the expiry of the anti-dumping duties would likely lead to a recurrence of material injury in the form of price suppression, price depression, and price undercutting.
The Applicant’s alleged and submitted prima facie evidence to indicate that it would experience a decline in sales volumes and values, profits, output, market share, return on investment, capacity utilisation, and cash flow, as well as an increase in inventories and loss of employment.
On this basis, the Commission found that there was prima facie proof indicating that the expiry of the anti-dumping duties would likely lead to the recurrence of material injury.
PERIOD OF INVESTIGATION
The period of investigation for dumping is from 01 November 2023 to 31 October 2024.
The period of investigation for material injury is from 01 November 2021 to 31 October 2024, and in the event the duties expire estimates for 01 November 2024 to 31 October 2025 were provided.
LEGAL 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 (ADR).
Both the ITA Act and the ADR are available on the Commission’s website (www.itac.org.za) or from Trade Remedies on request.
PROCEDURES AND TIME FRAMES
In order 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. 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.
The Senior Manager: Trade Remedies Il, 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 questionnaire was received. The said letter shall be deemed to have been received 7 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-days 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 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. 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 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 Anti-Dumping Agreement.
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 nonconfidential version of the response that complies with the rules set out 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 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 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 on the basis of the facts available to it.
CONFIDENTIAL INFORMATION
Please note that if any information is considered to be confidential then a nonconfidential 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 or threat of material injury must be submitted in writing to the following address: Should you have any queries, please do not hesitate to contact the investigating officers, Ms Portia Chuma at Email: pchuma@itac.org.za or Ms Phindile Mabona at Email: pmabona@itac.org.za or Ms Azwitamisi Mathada at Email: amathada@itac.org.za or Ms Millicent Baloyi at Email: mbaloyi@itac.org.za.
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| LINK TO FULL NOTICE
International Trade Administration Commission of South Africa: Notice of Initiation of a Sunset Review of the Anti- Dumping duties on Boards, Sheets, Panels, Tiles and Similar Articles of Plaster or of Compositions based on Plaster, not ornamented, facedG 53206 GeN 3437 20 August 2025
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| LAW AND TYPE OF NOTICE
International Trade Administration Commission of South Africa:
Review of Tariff Structure and Investigation into Possible Introduction of Import Surveillance System for Steel Products
G 53207 GeN 3438
20 August 2025
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| FULL TEXT
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| DETAILS
DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION
NO. 3438 20 August 2025
INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA 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
INITIATED BY: International Trade Administration Commission of South Africa (‘ITAC’) Private Bag X 753 Pretoria 0001
On 19 March 2025, ITAC published the above-mentioned review in the Government Gazette No. 52347, under Notice 3061 of 2025 for a period of four (4) weeks for interested parties to comment on a number of focus areas.
During the publication period, in excess of a hundred and fifty (150) comments were received from interested parties, ranging from requests for duty increases, the creation of rebate provisions, inclusion of specific products under import control and other general comments on the potential impact of the review on the steel value chain. Based on these submissions and the analysis of the evidence before the Commission, ITAC has decided to make the following preliminary determinations:
1. A preliminary determination that the rate of customs duties on all products listed in Table 1 below be increased to their respective bound rates. 2. A preliminary determination that additional rebate provisions be created for steel products, as outlined in Table 2 below. 3. A preliminary determination that all products listed in Table 3 below be subjected to import control, in line with section 6 of the ITA Act, Act No. 71 of 2002. 4. A preliminary determination that, as and when standards are developed for any steel related product category falling in Table 3 below, such standards or compulsory specifications should be incorporated into the import permit control system as additional conditions for the issuing of import permits. 5. A preliminary determination that input products used in steel-making, particularly stainless steel, as outlined in Table 4 below, be maintained at free of duty. 6. A preliminary determination that the ongoing geo-political landscape does constitute an unprecedented emergency, necessitating urgent action in line with Article 19 and Article 21 of the GATT. 7. A preliminary determination that a Committee comprising industry role players and members of the Commission be formed, in terms of Section 14 of the International Trade Administration Act 71 of 2002, to advise the Commission on steel-related matters.
It should be noted that the Commission has not yet made its final determination on any of the above matters and nothing in this Notice should be construed as such. The final determination will only be made once the Commission has considered comments from members of the public on this “preliminary determination.”
PUBLICATION PERIOD:
Representations should be made within two (2) weeks of the date of this notice. Enquiries: ITAC Ref: 20/2024. Rethabile Molala/Pfarelo Phaswana/Nonqubeko Sikhakhana/Princess Matsepane. Tel: 012 394 5162/3628/3835/3699 or email rmolala@itac.org.za/ pphaswana@itac.org.za/ nsikhakhana@itac.org.za/ pmatsepane@itac.org.za.
Please click on the link below to view the tables
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| LINK TO FULL NOTICE
International Trade Administration Commission of South Africa: Review of Tariff Structure and Investigation into Possible Introduction of Import Surveillance System for Steel ProductsG 53207 GeN 3438 20 August 2025
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EDUCATION
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| LAW AND TYPE OF NOTICE
National Qualifications Framework Further Amendment Bill: Draft:
Extension of deadline for comments
G 53177 RG 11868 GoN 6514
– Comment by 15 Sep 2025
15 August 2025
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| APPLIES TO:
1. Higher Education Institutions
2. Accrediting and Quality Assurance Bodies
3. Professional Bodies
4. Employers and Industry Associations
5. Labor Unions and Worker Advocacy Groups
6. Government Departments and Agencies
7. Civil Society and Advocacy Organizations
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| FULL TEXT
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| DETAILS
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| LINK TO FULL NOTICE
National Qualifications Framework Further Amendment Bill: Draft: Extension of deadline for commentsG 53177 RG 11868 GoN 6514 – Comment by 15 Sep 2025 15 August 2025
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| ACTION
Ensure that you submit your comments before 15 September 2025.
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ENERGY
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| LAW AND TYPE OF NOTICE
National Nuclear Regulator Act:
Fees
G 53155 GoN 6512
15 August 2025
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| APPLIES TO:
1. Nuclear Installation Operators
2. Medical Facilities
3. Industrial Users
4. Mining and Processing Companies
5. Transport and Logistics Firms
6. Academic and Research Institutions
7. Waste Management and Decommissioning Services
8. Maritime Operators
These organisations must obtain various types of authorisations (e.g., Nuclear Installation Licence, Certificate of Registration, Certificate of Exemption) and pay associated fees for regulatory oversight, safety inspections, and compliance monitoring.
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| FULL TEXT
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| DETAILS |
| LINK TO FULL NOTICE
National Nuclear Regulator Act: FeesG 53155 GoN 6512 15 August 2025
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| ACTION
Take note of the new set of fees.
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FINANCE
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| LAW AND TYPE OF NOTICE
Accounting Standards Board:
Exposure Draft 214: Comments invited
G 53155 BN 819
– Comment by 14 Nov 2025
15 August 2025
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| APPLIES TO:
PUBLIC SECTOR ENTITIES
These are the main entities impacted, as GRAP (Generally Recognised Accounting Practice) standards are designed for public sector financial reporting in South Africa.
1. National and Provincial Government Departments
2. Municipalities
3. Public Entities and Agencies
4. Social Security Institutions
ACCOUNTING AND AUDITING BODIES
ENTITIES USING GRAP FOR FINANCIAL REPORTING
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| SUMMED UP
1. Scope Clarification
2. Definitions Updated
3. Recognition of Liabilities
4. Measurement Enhancements
5. Presentation Requirements
6. Disclosure Requirements
7. Transitional Provisions
8. Consequential Amendments to Other GRAP Standards
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| FULL TEXT
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| DETAILS
Link to full document: www.asb.co.za/wp-content/uploads/2023/08/Background-to-ED-214_full-text-of-Standard.pdf
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| LINK TO FULL NOTICE
Accounting Standards Board: Exposure Draft 214: Comments invitedG 53155 BN 819 – Comment by 14 Nov 2025
15 August 2025
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| ACTION
Ensure that you submit your comments before 14 November 2025.
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LABOUR
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| LAW AND TYPE OF NOTICE
Skills Development Act:
Appointment of administration of Local Government Sector Education and Training Authority (LGSETA)
G 53186 GoN 6521
19 August 2025
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| APPLIES TO:
1. Local Government and Municipal Services
· Municipal administration · Public works · Community services · Waste management · Water and sanitation
2. Education and Training Providers
· Institutions offering accredited training aligned with LGSETA programs · Skills development facilitators · Vocational and technical training centers
3. Consulting and Advisory Services
· Governance and compliance consultants · HR and organisational development firms · Forensic investigation services
4. Public Finance and Administration
· Entities involved in managing public funds and procurement within local government · Auditing and financial oversight bodies
5. Legal and Dispute Resolution Services
· Legal firms handling labor, governance, and administrative law · Mediators and arbitrators involved in public sector disputes
6. Sector Stakeholders and Chambers
· Industry bodies and chambers that collaborate with LGSETA · Stakeholders involved in policy-making and sectoral planning
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| SUMMED UP
Purpose of the Notice
The notice announces the appointment of Mr. Zukile Christopher Mvalo as the Administrator of the Local Government Sector Education and Training Authority (LGSETA) for a period of 12 months, with potential for extension.
Key Powers of the Administrator
Key Duties of the Administrator
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| FULL TEXT
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| DETAILS
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| LINK TO FULL NOTICE
Skills Development Act: Appointment of administration of Local Government Sector Education and Training Authority (LGSETA)G 53186 GoN 6521 19 August 2025
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| ACTION
1. Compliance and Cooperation
2. Governance and HR Adjustments
3. Financial Oversight
4. Stakeholder Engagement
5. Reporting and Monitoring
6. Legal and Dispute Resolution
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| LAW AND TYPE OF NOTICE
Skills Development Act:
Appointment of administrator of Construction Sector Education and Training Authority (CETA)
G 53184 GoN 6519
19 August 2025
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| APPLIES TO:
1. Construction and Civil Engineering
· Building contractors · Infrastructure development firms · Road and bridge construction companies
2. Architecture and Urban Planning
· Architectural firms · Town planning consultancies
3. Electrical and Mechanical Engineering
· Companies involved in building services (e.g., HVAC, plumbing, electrical installations)
4. Property Development and Real Estate
· Developers and estate managers involved in construction projects
5. Manufacturing and Supply of Construction Materials
· Cement, steel, glass, and other building material suppliers
6. Health and Safety Services
· Occupational health and safety consultants working on construction sites
7. Training and Education Providers
· Institutions offering construction-related skills development and vocational training
8. Labour and Employment Services
· Recruitment agencies and labour brokers supplying skilled and semi-skilled workers to the construction sector
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| SUMMED UP
Administrator’s Powers
The Administrator is empowered to:
Administrator’s Duties
The Administrator is expected to:
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| FULL TEXT
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| DETAILS
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| LINK TO FULL NOTICE
Skills Development Act: Appointment of administrator of Construction Sector Education and Training Authority (CETA)G 53184 GoN 6519 19 August 2025
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| ACTION
1. Review Engagements with CETA
· Assess current projects, funding applications, and training programs involving CETA to understand how they may be affected.
2. Prepare for Governance Changes
· Be ready for potential changes in: · Employment terms · Governance policies · Stakeholder consultation processes
3. Participate in Stakeholder Consultations
· Engage in any sector-wide consultations initiated by the Administrator, especially those related to the constitution or restructuring of CETA.
4. Ensure Compliance
· Align internal processes with any new rules or procedures introduced by the Administrator, particularly around: · Procurement · Financial management · Reporting requirements
6. Monitor Communications from CETA
· Stay updated on announcements, progress reports, and changes to training or funding mechanisms.
7. Support Skills Development Initiatives
· Continue or adjust participation in the National Skills Development Plan as managed by CETA.
8. Legal and HR Preparedness
· Be prepared for possible disciplinary actions or employment reviews if your organisation is directly involved with CETA operations.
9. Budget Planning
· Ensure that any funding received from CETA is used in accordance with updated legislative and administrative guidelines.
10. Final Reporting
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| LAW AND TYPE OF NOTICE
National Minimum Wage Act:
Investigation into National Minimum Wage: Comments invited
G 53187 GoN 6522
– Comment by 18 Sep 2025
19 August 2025
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| FULL TEXT
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| DETAILS
DEPARTMENT OF EMPLOYMENT AND LABOUR
NO. 6522 19 August 2025
NATIONAL MINIMUM WAGE ACT NO. 9 OF 2018
INVESTIGATION INTO THE NATIONAL MINIMUM WAGE
INVITATION FOR WRITTEN REPRESENTATIONS
The National Minimum Wage Commission will publish its annual report and recommendations concerning possible adjustment to the national minimum wage to the Minister of Employment and Labour later in 2025, in accordance with section 6(2) of the National Minimum Wage Act, No. 9 of 2018.
I, Imraan Valodia, Chairperson of the National Minimum Wage Commission, hereby invite all interested parties to submit written representations concerning possible adjustments to the national minimum wage, to the National Minimum Wage Commission. 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 18 September 2025.
Over and above the written submissions, you are requested to complete the survey questionnaire on the link below. A link to the survey is attached below, kindly complete the questionnaire and forward along with the written inputs.
https://forms.office.com/r/jXFtcZag90?origin=lprLink
NB! The link can also be accessed on the Departmental of Employment and Labour website (https://www.labour.gov.za) and Facebook page.
This survey will assist the Department to analyse the inputs and aid more detailed report writing. These recommendations will be considered by the Commission before it publishes its annual report and recommendations on the annual review of the national minimum wage later in the year.
Please note that after the publication of the annual report, a further opportunity will be given to interested parties to submit written representations regarding recommendations included in the report. These written representations will be forwarded to the Minister of Employment and Labour together with the Commission’s report. …………………………………………………………… PROF IMRAAN VALODIA CHAIRPERSON: NATIONAL MINIMUM WAGE COMMISSION 18 August 2025 |
| LINK TO FULL NOTICE
National Minimum Wage Act: Investigation into National Minimum Wage: Comments invitedG 53187 GoN 6522 – Comment by 18 Sep 2025 19 August 2025
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| ACTION
Ensure that you submit your comments before 18 September 2025.
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| LAW AND TYPE OF NOTICE
Skills Development Act:
Appointment of administration of Services Sector Education and Training Authority (Services SETA)
G 53185 GoN 6520
19 August 2025
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| FULL TEXT
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| DETAILS
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| LINK TO FULL NOTICE
Skills Development Act: Appointment of administration of Services Sector Education and Training Authority (Services SETA)G 53185 GoN 6520 19 August 2025
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| LAW AND TYPE OF NOTICE
Basic Conditions of Employment Act:
Employers and employees excluded from payment of contributions to benefit fund: Intention to withdraw variation notice: Comments invited
G 53181 RG 11870 GoN 6518
18 August 2025
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| FULL TEXT
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| DETAILS
DEPARTMENT OF EMPLOYMENT AND LABOUR
NO. R. 6518 18 August 2025
INTENTION TO WITHDRAW THE VARIATION NOTICE IN TERMS OF SECTION 50 (9) (a) OF THE BASIC CONDITIONS OF EMPLOYMENT ACT 75 OF 1997
INVITATION FOR WRITTEN REPRESENTATIONS
I, Nomakhosazana Meth, Minister of Employment and Labour, hereby in terms of section 50 (9)(a) of the Basic Conditions of Employment Act No. 75 of 1997, intend to withdraw the notice published in government gazette No. 25846 on 24 December 2003, to exclude the application of section 34A of the same Act, to employers and employees in respect of the payment of contributions to any benefit fund that is covered by the provisions of the Pension Fund Act No. 24 of 1956.
Parties are as a result of this, invited to submit written representations concerning the possible withdrawal. Such representations should reach the directorate: Employment Standards, Department of Employment and Labour, Private Bag X117, Pretoria, 001 or be sent to unathiramabulana@labour.gov.za within 30 days of the publication of this notice.
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| LINK TO FULL NOTICE
Basic Conditions of Employment Act: Employers and employees excluded from payment of contributions to benefit fund: Intention to withdraw variation notice: Comments invitedG 53181 RG 11870 GoN 6518 18 August 2025
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| LAW AND TYPE OF NOTICE
Labour Relations Act: Bargaining Council
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| LINK TO FULL NOTICE
Labour Relations Act: Building Industry Bargaining Council: Extension of Consolidated Main Collective Agreement to non-parties: CorrectionG 53179 RG 11869 GoN 6516 15 August 2025
Labour Relations Act: Cancellation of registration of employers’ organisation: Pressure Equipment Manufacturers’ Association of South AfricaG 53149 RG 11865 GoN 6503 15 August 2025
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COMPANIES ARTICLES
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| SOUTH AFRICA |
South Africa: Navigating internal restructurings — What companies should know
In brief:
Internal restructurings in South Africa can trigger merger notifications if they alter control rights, particularly where minority shareholders hold strategic veto powers. While many intra-group changes are exempt, the Competition Commission’s 2025 Guidelines stress substance over form, meaning routine actions like share buy-backs or asset transfers may still fall under merger control. Companies should carefully assess restructurings and seek legal advice to avoid penalties.
In more detail
Even when they appear routine, internal restructurings in South Africa can fall under merger control if they shift how control is exercised particularly where minority shareholders hold strategic veto rights. The Competition Commission’s 2025 Guidelines underline the need for companies to look beyond form to substance, carefully assessing potential impacts to avoid unexpected regulatory scrutiny and penalties. As corporate structures grow more complex and strategic agility becomes paramount, internal restructurings have become a routine feature of business operations. Whether driven by operational efficiency, tax optimisation, or alignment with new strategic imperatives, these reorganisations often occur within a group of affiliated entities. Yet, what may appear to be a purely internal affair can, under South African competition law, trigger merger control obligations. Importantly, this can be the case even where the ultimate controller of a firm remains unchanged.
Under South Africa’s merger control regime, a merger is defined not only as the acquisition of a majority stake, but more broadly as gaining control (directly or indirectly) over all or part of another firm. Control can take many forms, including the ability to influence key decisions or policies. This broader understanding means that internal restructurings, even within a single corporate group, must be carefully assessed to determine whether they change how control is exercised.
The Competition Commission’s Internal Restructuring Guidelines, published in August 2025, clarify that not all intra-group transactions are subject to merger notification. In general, restructurings that are purely internal, meaning they do not affect the rights of shareholders outside the corporate group, are not considered notifiable mergers. However, this is not an automatic exemption. The key consideration for the Competition Commission is whether the restructuring alters the control rights of external minority shareholders (i.e., those who are not strictly part of the group but hold interests in one or more of the entities involved).
External minority shareholders may hold rights that go beyond passive investment protections. In some cases, these rights (such as the ability to veto budgets, business plans, or executive appointments) can give them a form of negative control. This means they can block or significantly influence strategic decisions, even without holding a majority stake. Where such rights exist, the Competition Commission may view the shareholder as exercising control, which can affect whether a restructuring is considered a notifiable merger.
The Competition Commission draws a distinction between strategic control rights, which may trigger merger notification, and ordinary investment protections, which generally do not. For example, if a shareholder has the right to veto the appointment of a CEO or block major capital expenditure, this may be seen as exercising control under the Competition Act. In contrast, rights related to changes in share capital or decisions about listing securities are typically considered standard protections and are unlikely to amount to control.
Consider a scenario where a company undertakes a share buy-back. If this results in a minority shareholder’s stake increasing to a level where they acquire strategic veto rights, the transaction may unintentionally trigger a merger notification requirement under the Competition Act. Similarly, the movement of assets or subsidiaries within a corporate group may appear routine, but if such changes affect the control rights of external shareholders, they fall within the scope of the Competition Commission’s merger control oversight.
While many internal restructurings may appear routine, the Competition Commission’s nuanced approach highlights that even intra-group transactions can have significant regulatory implications, particularly where external minority shareholders hold strategic control rights. The Competition Commission’s emphasis on substance over form means that businesses must look beyond corporate structure and ownership and assess how a transaction may alter the control structure of the firm following the restructure.
For businesses, the message is clear: no restructuring should be dismissed as routine or purely administrative. Even seemingly minor internal changes can have far-reaching implications if they alter control rights, particularly in relation to minority shareholders. A careful, upfront competition law assessment is therefore essential not only to ensure compliance and avoid costly penalties, but also to preserve strategic flexibility and protect long-term business objectives. In an environment where regulators prioritise substance over form, proactive legal guidance is the best safeguard against unnecessary risk.
Baker McKenzie
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COMPETITION ARTICLES
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FINANCE ARTICLES
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| SOUTH AFRICA |
Big VAT changes on the cards for South Africa
SARS’ VAT Modernisation Project is one step closer to reality, with the National Treasury seeking to amend tax administration legislation to enable its implementation.
This marks a significant step for the project since the VAT Modernisation Discussion Paper was published by SARS in 2023.
The project aims to overhaul the tax authority’s systems to provide digital and streamlined services for taxpayers to comply with their obligations.
Apart from improved service, the project aims to narrow the tax gap, which SARS estimates to be R800 billion per annum. This is the gap between the amount of tax levied and actually paid in South Africa.
Thus, it is likely that the modernisation of SARS systems will come with a clampdown on South African businesses and individuals not complying with their VAT obligations.
There is also a proposal in the discussion paper to implement real-time transmission of data from registered vendors to SARS.
This will enable the revenue service to clamp down on non-payment almost immediately and access business information to analyse the payment patterns of taxpayers to make them more compliant.
The National Treasury explained that the modernisation of SARS systems should also translate into savings for the institution in the form of a reduced administrative burden.
In the publication of the 2025 Draft Tax Bills and Draft Regulations for Comment, the National Treasury and SARS outlined the changes set to be made to tax legislation in the current financial year.
While most of the changes are set to close loopholes or provide clarity for taxpayers, there will also be alterations to the tax legislation to enable the implementation of the SARS VAT Modernisation Project.
“This project forms part of a broader effort to transform tax processes, improve customer service and engagement, reduce the VAT gap and streamline tax administration,” the Treasury and SARS said.
VAT modernisation
The major change that is likely to come from the VAT modernisation project is set to be the implementation of real-time VAT reporting and compliance.
Deloitte’s Tax Technology and Indirect Tax (VAT) Team analysed the proposed changes from SARS to understand the potential impact on South African individuals and businesses.
It said that real-time VAT reporting will fundamentally change how the tax is reported and collected in South Africa.
The investment in digitisation by the revenue servie will also significantly increase its ability to access more business information in real time.
This is set to give SARS more data from which it can gain insight on the behavioural patterns of taxpayers and work towards making them more compliant.
Some of the biggest changes will have to come from within businesses, with SARS receiving data directly and in real-time. This does not give tax teams at companies the ability to analyse and correct data before filing a return.
This means that SARS will have eyes on an organisation’s tax data at the same time as the company. As a result, tax data quality and governance will become more important.
The changes will compel many organisations to adapt to the new ways of interacting with the tax authority or face significant penalties and increased operational risk.
It also presents a challenge for SARS, with immense investment in digital capacity being needed and consistent monitoring of VAT invoices.
However, it can yield tremendous benefits in terms of increased tax revenue and a smaller tax gap – without raising the VAT rate.
Deloitte’s tax team pointed to Chile as an example of the potential benefits of modernisation, with the country effectively digitising its VAT monitoring systems.
By doing this, the country managed to systematically reduce its VAT gap by using the information and data gathered from electronic invoicing.
This was first implemented for the largest businesses – a small number of conglomerates controlling a large part of the economy – and cascaded through their supply chains.
They have since built a range of taxpayer-facing services as well as internal use cases to identify high risk cases and potentail signs of avoidance.
Shaun Jacobs Daily Investor
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MINING ARTICLES
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