DATA PROTECTION

Protection of Personal Information Act: Regulations: Amendment

ENVIRONMENTAL

National Environmental Management: Waste Act: Regulations: Amendments: Comments invited

National Environmental Management Act: Regulations: Prohibition of production, distribution, import, export, sale and use of persistent organic pollutants listed by Stockholm Convention on Persistent Organic Pollutants: Amendments

National Environmental Management Act: Regulations: Phase-out the Use, Production, Distribution, Sale, Import and Export of Persistent Organic Pollutants: Amendments

Electronic vs. Wet Ink Signatures: What Investors Need to Know

POPIA regulations get a makeover

Important information about Eskom going after people with solar panels on their      roofs

Justice in the face of “Deadly Air”: What the Highveld Pollution case means for  YOU!

Heightened responsibilities for employers amidst employment equity amendments: The introduction of Economic Sectors targets

Mandatory Mediation in the Gauteng Division of the High

AGRICULTURE

LAW AND TYPE OF NOTICE

Marketing of Agricultural Products Act:

Request for continuation of statutory measures: Levies, registrations and records and returns in pork industry: Comments invited

G 52525 RG 11827 GoN 6128

17 April 2025

APPLIES TO: 

1.     Abattoirs: Facilities where pigs are slaughtered. These abattoirs are required to register with the South African Pork Producers’ Organisation (SAPPO) and provide records and returns.

2.     Exporters of Live Pigs: Companies or individuals involved in exporting live pigs from South Africa. They must also register with SAPPO and submit records and returns.

3.     Pork Producers: While not directly mentioned as needing to register or provide records, pork producers are indirectly affected as the levies collected from abattoirs and exporters are used to fund various industry functions that benefit them, such as business development, consumer education, and research.

4.     Directly Affected Groups: This includes any stakeholders in the pork industry who are invited to submit comments or inputs regarding the proposed statutory measures. This could encompass a wide range of participants, including farmers, industry associations, and other related businesses.

SUMMED UP

Press Release by the National Agricultural Marketing Council (NAMC)

• Request for Continuation of Statutory Measures: The South African Pork Producers’ Organisation (SAPPO) has requested the continuation of statutory measures related to levies, registrations, and records & returns in the pork industry.

• Proposed Period: The new period proposed is from November 1, 2025, to October 31, 2028. The current measures will expire on October 31, 2025.

Objectives of the Statutory Measures

1.     Levies:

·       Purpose: To finance business development, corporate governance, business intelligence, consumer assurance, consumer education, and research & development.

·       Proposed Levy: R15.51 per pig slaughtered at abattoirs or live pigs exported, unchanged from the current levy.

·       Income Distribution:

·       Business development: 20%

·       Corporate governance: 10%

·       Business intelligence: 70%

2.     Registrations:

·       Purpose: To compel abattoirs and exporters of live pigs to register with SAPPO.

3.     Records & Returns:

·       Purpose: To ensure continuous, timely, and accurate market information is available to all role players.

Financial Projections

• Levy Income: Expected to be R62,040,000 in 2025/26, increasing to R64,546,416 in 2027/28.

• Expenses: Allocated to various functions such as business development, corporate governance, and consumer education.

Call for Comments

• Deadline: Directly affected groups in the pork industry are requested to submit comments by May 15, 2025.

• Submission Address: National Agricultural Marketing Council, Private Bag X 935, Pretoria, 0001.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. R. 6128 17 April 2025

PRESS RELEASE BY THE NATIONAL AGRICULTURAL MARKETING COUNCIL REQUEST FOR THE CONTINUATION OF STATUTORY MEASURES RELATING TO LEVIES, REGISTRATIONS AND RECORDS & RETURNS IN THE PORK INDUSTRY, IN TERMS OF THE MARKETING OF AGRICULTURAL PRODUCTS ACT (ACT No. 47 OF 1996), AS AMENDED

REQUEST FOR COMMENTS/INPUTS FROM DIRECTLY AFFECTED GROUPS IN THE PORK INDUSTRY

On 1 April 2025, the Minister of Agriculture received a request from the South African Pork Producers’ Organisation (SAPPO), in terms of section 10 of the Marketing of Agricultural Products Act, 1996 (Act No.47 of 1996) (MAP Act), for the continuation of statutory measures relating to levies, registrations and records & returns in the pork industry.

SAPPO is a voluntary organisation established by pork producers in 1992 to act as the mouthpiece and representative organisation for pork producers in South Africa. It is proposed that the statutory measures be implemented for a new period of three years from 1 November 2025 to 31 October 2028.

The current statutory measures applicable in the pork industry will expire on 31 October 2025 and are as follows:

– Levies;

– Registrations; and

– Records & Returns

The purpose and objective of the statutory measures in the pork industry are as follows:

– Statutory levies: The payment of the proposed statutory levies will finance the following

functions:

The MAP Act stipulates that a statutory levy may not exceed 5% of the price realized for a specific agricultural product at the first point of sale. The maximum of 5% must be based on a guideline price calculated as the average price at the first point of sale over a period not exceeding three years. The proposed statutory levy for the 2025/26 financial year will be 0,59% of the calculated guideline price for a pork carcass (an average over three years) at the first point of sale. The proposed business plan for the three (3) year period is as follows:

– Registrations: The purpose of this statutory measure in the pork industry is to compel abattoirs slaughtering pigs and exporters of live pigs to register with SAPPO.

– Records & Returns: The purpose of the statutory measure relating to records & returns is to compel abattoirs and exporters of live pigs to render records and returns to SAPPO.

These two statutory measures are necessary to ensure that continuous, timeous and accurate market information relating to pigs slaughtered, marketed and live pigs exported is available to all role players. Market information is deemed essential for all role players for them to make informed decisions.

The NAMC believes that the application by the pork industry for the continuation of the proposed statutory measures is consistent with the objectives of the MAP Act (as set out in section 2 of the Act).

Directly affected groups in the pork industry are kindly requested to submit any comments, in writing, regarding the proposed statutory measures to the NAMC on or before 15 May 2025, to enable the NAMC Council to finalize its recommendation to Minister in this regard.

Submissions should be in writing and addressed to:

National Agricultural Marketing Council

Private Bag X 935

PRETORIA

0001

Enquiries: Matsobane (BM) Mpyana

E-mail: mmpyana@namc.co.za

Tel: (012) 341 1115

(076) 154 1354

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Request for continuation of statutory measures: Levies, registrations and records and returns in pork industry: Comments invited

G 52525 RG 11827 GoN 6128

17 April 2025

52525gon6128.pdf

ACTION

Ensure that you submit your comments.

AGREMENTS

LAW AND TYPE OF NOTICE

Agrément of South Africa Act:

New Accounting Authority for Agrément South Africa appointments

G 52523 BN 777

17 April 2025

APPLIES TO: 

Public Works and Infrastructure

DETAILS

LINK TO FULL NOTICE

Agrément of South Africa Act: New Accounting Authority for Agrément South Africa appointments

G 52523 BN 777

17 April 2025

52523bn777.pdf

CONSTRUCTION

LAW AND TYPE OF NOTICE

Quantity Surveying Profession Act:

2024 Guideline Time Charge

G 52534 BN 778

17 April 2025

APPLIES TO: 

1.     Building Construction: This includes residential, commercial, and industrial buildings.

2.     Civil Engineering: Projects such as roads, bridges, dams, and other infrastructure.

3.     Project Management: Overseeing construction projects from inception to completion.

4.     Property Development: Involves planning and developing real estate projects.

5.     Mining: Construction and maintenance of mining facilities and infrastructure.

6.     Utilities: Infrastructure projects related to water, electricity, and other utilities.

7.     Transportation: Development of transportation infrastructure like airports, railways, and ports.

SUMMED UP

Guideline Tariff of Professional Fees for Professional quantity surveying services with effect from 1 May 2024.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Quantity Surveying Profession Act: 2024 Guideline Time Charge

G 52534 BN 778

17 April 2025

52534bod778.pdf

ACTION

Ensure that you take note of the fees.

CUSTOMS AND EXCISE

LAW AND TYPE OF NOTICE

International Trade Administration Act:

Customs Tariff Applications: List 04/2025

G 52523 GeN 3142

– Comment by 15 May 2025

17 April 2025

APPLIES TO: 

Organization involved in the final product for Renewable Energy

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3142 OF 2025

INTERNATIONAL TRADE ADMINISTRATION COMMISSION

CUSTOMS TARIFF APPLICATIONS LIST 04/2025

The International Trade Administration Commission (herein after referred to as ITAC or the Commission) has received the following application concerning the Customs Tariff. Any objection to or comment on this representation should be submitted to the Chief Commissioner, ITAC, Private Bag X753, Pretoria, 0001. Attention is drawn to the fact that the rate of duty mentioned in this application is that requested by the applicant and that the Commission may, depending on its findings, recommend a lower or higher rate of duty.

CONFIDENTIAL INFORMATION

The submission of confidential information to the Commission in connection with customs tariff applications is governed by section 3 of the Tariff Investigations Regulations, which regulations can be found on ITAC’s website at http://www.itac.org.za/documents/R.397.pdf.

These regulations require that if any information is considered to be confidential, then a nonconfidential version of the information must be submitted, simultaneously with the confidential version. In submitting a non-confidential version the regulations are strictly applicable and require parties to indicate:

q Each instance where confidential information has been omitted and the reasons for confidentiality;

q A summary of the confidential information which permits other interested parties a reasonable understanding of the substance of the confidential information; and

q 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 clearly indicated to be confidential, will be made available to other interested parties.

The Commission will disregard any information indicated to be confidential that is not accompanied by a proper non-confidential summary or the aforementioned reasons.

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.

REVIEW OF THE TARIFF STRUCTURE FOR INPUT MATERIAL, COMPONENTS AND FINAL GOODS USED IN THE RENEWABLE ENERGY VALUE CHAIN INITIATED BY:

International Trade Administration Commission of South Africa (‘ITAC’)

Private Bag X 753

Pretoria

0001

REASONS FOR THE REVIEW:

• Global decarbonisation commitments present new opportunities for the growth of a strong South African supply base of renewable energy components and finished products, battery storage units, as well as green consumer goods;

• The domestic demand trajectory, raw materials resource base, technological capacity and manufacturing experience places South Africa in a potentially strong position to become a key player in regional and international supply chains; and

• When carefully balanced, an improved tariff structure will increase the demand for, as well as the supply-competitiveness of, locally manufactured products and components; this will further enable export market opportunities; and will enhance the competitiveness of the local renewable value chain.

Interested parties are invited to submit comments on the following:

• The possibility of increasing ordinary customs duties on some of the tariff lines listed in Table 1 below to their respective WTO bound rates, to the extent that there is capability or potential to manufacture them locally in order to improve the overall tariff structure and the effective rate of protection;

• The possibility of creating rebate provisions for some of the products on this list to the extent they are input materials to downstream manufacturing activities, and they are not manufactured locally;

• The potential discontinuation of rebate item 460.16/8541.43/01.06 that makes provision for the duty-free importation of solar PV panels, provided that installed domestic capacity reaches at least 50% of domestic demand, in order to incentivise further investments in the domestic assembly and manufacturing industry;

• Proposals on the identification of additional products in the renewable energy value chain to be subjected to local content requirements. This is to be done in collaboration with the Department of Trade, Industry and Competition under the framework of the new Public Procurement Act 28 of 2024, once the regulations for the policy have been developed.

• The potential relaxation of Import Control Regulations for any critical minerals, or any other product, used as input material in downstream manufacturing activities in the renewable energy industry, particularly in battery storage technologies, to the extent that this would incentivise domestic manufacturing and investment; and

• The potential introduction of export control regulations for any critical minerals, or any other product, used as input material in downstream manufacturing activities in the renewable energy industry, particularly in battery storage technologies, to the extent that this would ensure security of supply and incentivise domestic manufacturing and investment.

PUBLICATION PERIOD:

Representations should be made within four (4) weeks of the date of notice. Enquiries: ITAC Ref: 21/2024. Pfarelo Phaswana/Nonqubeko Sikhakhana/Rethabile Molala. Tel: 012 394 3683/3628/3835/3658 or email: pphaswana@itac.org.za/ nsikhakhana@itac.org.za/ rmolala@itac.org.za.

Click on the link provide below to view the full table

LINK TO FULL NOTICE

International Trade Administration Act: Customs Tariff Applications: List 04/2025

G 52523 GeN 3142

– Comment by 15 May 2025

17 April 2025

52523gen3142.pdf

ACTION

Ensure that you submit your comments.

LAW AND TYPE OF NOTICE

Customs and Excise Act: Amendment to Part 1 of Schedule No. 1 (No. 1/1/1947) (English / Afrikaans)

G 52525 RG 11827 GoN 6129

17 April 2025

APPLIES TO: 

Organizations that deal with Grains

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Customs and Excise Act: Amendment to Part 1 of Schedule No. 1 (No. 1/1/1947) (English / Afrikaans)

G 52525 RG 11827 GoN 6129

17 April 2025

52525gen6129.pdf

DATA PROTECTION

LAW AND TYPE OF NOTICE

Protection of Personal Information Act: Regulations: Amendment

G 52523 GoN 6126

17 April 2025

APPLIES TO: 

All entities and individuals who process personal information.

SUMMARY OF THE AMENDMENT OF THE REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

Colour Key:

REMOVED ITEMS

NEW ITEMS

1.   DEFINITIONS

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

“Complainant” means any person who lodges a complaint with the Information Regulator.”

“Complaint” means

(a) a matter reported to the Information Regulator in terms of section 74*1) and (2) of the Act;

(b) a complaint referred to in section 76(1)(e) and 92(1) of the Act; and

(c) a matter reported or referred to the Information Regulator in terms of other legislation that regulates the mandate of the Information Regulator.

 “data message” includes a data message as defined in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);

“day” means a calendar day, unless the last day of a specified period happens to fall on a Sunday or on any public holiday, in which case the time shall be calculated exclusive of that Sunday or public holiday in accordance with section 4 of the Interpretation Act, 1957 (Act No. 33 of 1957)

“form(s)” as referred to in these Regulations, means a form referred to in the annexures to these Regulations or any form which is substantially similar to that form;

“Office hours”

(a)in respect of offices of the Information Regulator, means the hours between 08:00 and 16:00 on Monday to Friday, excluding public holidays; and

(b)in respect of offices designated by the Information Regulator, means the hours during which the offices are operating;

“signature” includes an electronic signature as defined in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);

“submit” means submit by-  (a) data message;  (b) electronic communication  (c) registered post;  (d) electronic mail;  (e) facsimile; and  ( f ) personal delivery.

“Relevant body/bodies’’ refers to any specified body or class of bodies, or any specified industry, profession, or vocation or class of industries, professions, or vocations that in the opinion of the Regulator which has sufficient representation

 “the Act” means the Protection of Personal Information Act, 2013 (Act No. 4 of 2013); and

 “writing” includes means writing as referred to in section 12 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002).

2. OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION

(1) A data subject who wishes to object to the processing of personal information in terms of section 11 (3) (a) of the Act, must submit the objection to the responsible party on Form 1.  

(2) The responsible party, or a designated person, must render such reasonable assistance as is necessary, free of charge, to enable the data subject to make an objection on Form 1.  

OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11(3) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

[Regulation 2.]

2. OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION

2.1A data subject who wishes to object to the processing of personal information in terms of section 11(3)(a)* processing protects a legitimate interest of the data subject;

(e) processing is necessary for the proper performance of a public law duty by a public body; or

(f) processing is necessary for pursuing the legitimate interests of the responsible party or of a third party to whom the information is supplied.

of the Act, must submit the objection to a responsible party at any time during office hours of a responsible party and free of charge.

2.2A data subject who wishes to object to the processing of personal information in terms of section 11(3)(b)* for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications as referred to in section 69. of the Act, must submit the objection to a responsible party at any time during office hours of a responsible party and free of charge.

2.3A data subject who wishes to object to the processing of personal information must do so on a form substantially similar to Form 1,(Note no longer Form 2- see Form 1 below) free of charge and reasonably accessible to a data subject by hand, fax, post, email, SMS, or WhatsApp and or in any manner expedient to a data subject in terms of section 11(3)(a) of the Act;

2.4A responsible party must, when collecting personal information of a data subject, notify the data subject, in terms of Section 18(1)(h)(iv) of the Act, of their right to object, as referred to in Section 11(3) of the Act.

2.5If an objection to the processing of personal information of a data subject is made telephonically, such an objection shall be electronically recorded by a responsible party and upon request, be made available to the data subject in any manner, including the transcription thereof.

s11.   Consent, justification and objection.
(1)  Personal information may only be processed if—

(a) the data subject or a competent person where the data subject is a child consents to the processing;

(b) processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is party;

(c) processing complies with an obligation imposed by law on the responsible party;

(d) processing protects a legitimate interest of the data subject;

(e) processing is necessary for the proper performance of a public law duty by a public body; or

(f) processing is necessary for pursuing the legitimate interests of the responsible party or of a third party to whom the information is supplied.

(2)  (a)  The responsible party bears the burden of proof for the data subject’s or competent person’s consent as referred to in subsection (1)(a).

(b)  The data subject or competent person may withdraw his, her or its consent, as referred to in subsection (1)(a), at any time: Provided that the lawfulness of the processing of personal information before such withdrawal or the processing of personal information in terms of subsection (1)(b) to (f) will not be affected.

(3)  A data subject may object, at any time, to the processing of personal information—

(a) in terms of subsection (1)(d) to (f), in the prescribed manner, on reasonable grounds relating to his, her or its particular situation, unless legislation provides for such processing; or

(b) for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications as referred to in section 69.

(4)  If a data subject has objected to the processing of personal information in terms of subsection (3), the responsible party may no longer process the personal information.

NEW FORM 1 OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11

OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11(3) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018 2021

[Regulation 2.]

Signed at ………………….. this ………….. day of ……………… 202…………

……………………….

Signature of data subject/designated person

3. REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTRUCTION OR DELETION OF RECORD OF PERSONAL INFORMATION

3.1A data subject has the right, in terms of section 24 of the Act, to request, where necessary, the correction, destruction, or deletion of his, her or its personal information.

3.2A data subject, who wishes to request a correction or deletion of his, her, or its personal information, as provided for in section 24(1) (a) of the Act, has the right to request for correction or deletion of personal information at any time and free of charge, if the personal information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.

3.3A data subject, who wishes to request the destruction or deletion of a record of his, her, or its personal information, in terms of section 24(1) (b) of the Act, has the right to request the destruction or deletion of a record of his, her or its personal information at any time and free of charge, if a responsible party is no longer authorised to retain in terms of section 14 of the Act.

3.4A request for a correction or deletion of personal information, as referred to in sub regulation 3.2 or a request for the destruction or deletion of a record of personal information, as referred to sub regulation 3.3 must be submitted to a responsible party on a form which is substantially similar to Form 2 free of charge and reasonably accessible to a data subject by hand, fax, post, email, SMS, WhatsApp message or in any manner expedient to a data subject;

3.5A request for a correction or deletion of personal information by telephonic means shall be recorded by a responsible party and such recording must, upon request, be made available to a data subject in any manner, including the transcription thereof which shall be free of charge.

3.6A responsible party must, within thirty (30) days of receipt of the outcome of the request referred to in sub regulation 3.2 or 3.3, notify a data subject, in writing, of the action taken as a result of the request.

24.   Correction of personal information.

(1)  A data subject may, in the prescribed manner, request a responsible party to—

(a) correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or

(b) destroy or delete a record of personal information about the data subject that the responsible party is no longer authorised to retain in terms of section 14.

(2) On receipt of a request in terms of subsection (1) a responsible party must, as soon as reasonably practicable—

(a) correct the information;

(b) destroy or delete the information;

(c) provide the data subject, to his or her satisfaction, with credible evidence in support of the information; or

(d) where agreement cannot be reached between the responsible party and the data subject, and if the data subject so requests, take such steps as are reasonable in the circumstances, to attach to the information in such a manner that it will always be read with the information, an indication that a correction of the information has been requested but has not been made.

(3) If the responsible party has taken steps under subsection (2) that result in a change to the information and the changed information has an impact on decisions that have been or will be taken in respect of the data subject in question, the responsible party must, if reasonably practicable, inform each person or body or responsible party to whom the personal information has been disclosed of those steps.

(4)  The responsible party must notify a data subject, who has made a request in terms of subsection (1), of the action taken as a result of the request.

FORM 2
REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24 (1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 
(ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

[Regulation 3.]

NEW FORM – FORM 2
REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24 (1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013  (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018 2021

[Regulation 3.]

this

day of

20

(full names of data subject) hereby:

FAX:

this

day of

20

Affidavits or other documentary evidence as applicable in support of the request may be attached.

If the space provided for in this Form is inadequate, submit information as an Annexureto this Form and sign each page.

Complete as is applicable.

this

day of

20

this

day of

20

FORM 6 NOTICE TO PARTIES: CONCILIATION MEETING REGARDING INTERFERENCE WITH THE PROTECTION OF PERSONAL INFORMATION IN TERMS OF SECTION 76 OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

NO CHANGES

FORM 7 NOTICE TO PARTIES: CONCILIATION REGARDING INTERFERENCE WITH THE PROTECTION OF PERSONAL INFORMATION IN TERMS OF SECTION 76 OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

NO CHANGES

FORM 8 NOTICE TO PARTIES OF INTENTION OF REGULATOR TO INVESTIGATE A COMPLAINT IN TERMS OF SECTION 79 OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

NO CHANGES

FORM 9 NOTICE TO PARTIES: SETTLEMENT MEETING REGARDING INTERFERENCE WITH THE PROTECTION OF PERSONAL INFORMATION IN TERMS OF SECTION 76 OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

NO CHANGES

FORM 10 NOTICE TO PARTIES: SETTLEMENT REGARDING INTERFERENCE WITH THE PROTECTION OF PERSONAL INFORMATION IN TERMS OF SECTION 76 OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

NO CHANGES

FORM 11 REQUEST FOR AN ASSESSMENT SECTION 89 (1) OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013)

NO CHANGES

FORM 12 NOTIFICATION SECTION 89 OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013)

NO CHANGES

FORM 13 NOTICE TO PARTIES NOT TO ISSUE AN ENFORCEMENT NOTICE IN TERMS OF SECTION 94 OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

NO CHANGES

FORM 14 REFERRAL TO ENFORCEMENT COMMITTEE IN TERMS OF SECTION 92 OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013)

NO CHANGES

FORM 15 ENFORCEMENT NOTICE IN TERMS OF SECTION 95 OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013)

NO CHANGES

FORM 16 CANCELLATION OR VARIATION OF ENFORCEMENT NOTICE SECTION 96 OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013)

NO CHANGES

FORM 17 NOTICE OF APPEAL SECTION 97 OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013)

FORM 18 SUBSTITUTION OR SETTING ASIDE OF ENFORCEMENT NOTICE SECTION 98 OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013)

FORM 19 NOTICE OF DISMISSAL OF APPEAL SECTION 98 OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013)

LINK TO FULL NOTICE

Protection of Personal Information Act: Regulations: Amendment

G 52523 GoN 6126

17 April 2025

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

National Environmental Management: Waste Act:

Regulations: Amendments: Comments invited

G 52539 GoN 6138

– Comment by 22 May 2025

22 April 2025

APPLIES TO: 

1.     Industrial Sector:

·       Stricter regulations for industrial emissions will impact manufacturing, mining, and other heavy industries that contribute to air pollution.

2.     Waste Management and Recycling:

·       Companies involved in waste management, recycling, and related services will need to adhere to new guidelines promoting sustainability.

3.     Conservation and Wildlife Protection:

·       Industries related to land development, tourism, and agriculture may be affected by new conservation initiatives and the establishment of protected areas.

4.     Fisheries:

·       The fishing industry will be directly impacted by quotas, seasonal restrictions, and measures to combat illegal fishing activities.

5.     Forestry:

·       Forestry companies and private landowners engaged in timber production will need to comply with new policies promoting reforestation and sustainable forest management.

6.     Energy and Climate Change:

·       The energy sector, particularly those involved in fossil fuels, will be affected by the national strategy to reduce greenhouse gas emissions and transition to renewable energy sources.

·       Agricultural industries may also be impacted by funding for climate-resilient practices.

SUMMED UP

1.     New Environmental Regulations:

·       Introduction of stricter regulations for industrial emissions to reduce air pollution.

·       Implementation of new guidelines for waste management and recycling to promote sustainability.

2.     Conservation Initiatives:

·       Launch of a national campaign to protect endangered species, focusing on habitat preservation and anti-poaching measures.

·       Announcement of new protected areas and expansion of existing nature reserves.

3.     Fisheries Management:

·       Introduction of quotas and seasonal restrictions to ensure sustainable fishing practices.

·       Measures to combat illegal fishing activities and support for local fishing communities.

4.     Forestry Policies:

·       New policies aimed at promoting reforestation and sustainable forest management.

·       Incentives for private landowners to engage in conservation efforts and sustainable timber production.

5.     Climate Change Mitigation:

·       Announcement of a national strategy to reduce greenhouse gas emissions and transition to renewable energy sources.

·       Funding for research and development of climate-resilient agricultural practices.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Environmental Management: Waste Act: Regulations: Amendments: Comments invited

G 52539 GoN 6138

– Comment by 22 May 2025

22 April 2025

52539gon6138.pdf

ACTION

Ensure that you submit your comments.

LAW AND TYPE OF NOTICE

National Environmental Management Act: Regulations:

Prohibition of production, distribution, import, export, sale and use of persistent organic pollutants listed by Stockholm Convention on Persistent Organic Pollutants: Amendments

G 52533 GoN 6135

17 April 2025

APPLIES TO: 

1.     Manufacturing and Industrial Sectors: Particularly those involved in the production, distribution, import, and export of persistent organic pollutants.

2.     Agriculture: Due to regulations on the marketing of agricultural products.

3.     Trade and Commerce: Especially those dealing with customs tariffs and anti-dumping duties.

4.     Communications: With new licensing frameworks for satellite services.

5.     Healthcare: Through interim block exemptions for tariffs determination.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Environmental Management Act: Regulations: Prohibition of production, distribution, import, export, sale and use of persistent organic pollutants listed by Stockholm Convention on Persistent Organic Pollutants: Amendments

G 52533 GoN 6135

17 April 2025

ACTION

1.     Understand Regulations:

·       Stay updated with the latest environmental laws and regulations applicable to your industry.

·       Review the specific amendments mentioned in the gazette to understand new compliance requirements.

2.     Conduct Environmental Audits:

·       Perform regular environmental audits to assess your organization’s current compliance status.

·       Identify areas of non-compliance and potential environmental risks.

3.     Develop Compliance Plans:

·       Create detailed action plans to address identified compliance gaps.

·       Set clear objectives, timelines, and responsibilities for implementing compliance measures.

4.     Implement Control Measures:

·       Develop and enforce policies and procedures to ensure adherence to environmental regulations.

·       Use technology and management systems, such as ISO 14001, to monitor and control environmental impacts.

5.     Training and Awareness:

·       Educate employees about environmental regulations and their roles in compliance.

·       Conduct regular training sessions to keep staff informed about new regulations and best practices.

6.     Monitor and Report:

·       Continuously monitor compliance activities and environmental performance.

·       Maintain accurate records and documentation to demonstrate compliance.

·       Report compliance status to relevant authorities as required.

7.     Engage with Stakeholders:

·       Communicate with stakeholders, including regulatory bodies, customers, and the community, about your compliance efforts.

·       Seek feedback and collaborate on improving environmental practices.

8.     Review and Improve:

·       Regularly review and update compliance plans and procedures to reflect changes in regulations and industry standards.

·       Implement continuous improvement processes to enhance environmental performance.

LAW AND TYPE OF NOTICE

National Environmental Management Act: Regulations:

Phase-out the Use, Production, Distribution, Sale, Import and Export of Persistent Organic Pollutants: Amendments

G 52529 GoN 6132

17 April 2025

APPLIES TO: 

1.     Forestry: Regulations and policies impacting forest management, conservation, and logging activities.

2.     Fisheries: Rules and guidelines concerning fishing practices, marine conservation, and sustainable fishing.

3.     Environmental Management: Policies related to environmental protection, pollution control, and sustainable development.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Environmental Management Act: Regulations: Phase-out the Use, Production, Distribution, Sale, Import and Export of Persistent Organic Pollutants: Amendments

G 52529 GoN 6132

17 April 2025

52529gen6132.pdf

ACTION

1.     Regulatory Compliance: Ensuring adherence to environmental laws and regulations.

2.     Permitting and Licensing: Obtaining necessary permits for activities such as logging, fishing, and other environmental impacts.

3.     Environmental Impact Assessments: Conducting assessments to evaluate the potential environmental effects of proposed projects.

4.     Reporting and Monitoring: Regular reporting on environmental performance and monitoring of activities to ensure compliance with regulations.

5.     Enforcement Actions: Penalties or corrective actions for non-compliance with environmental regulations.

INTERNATIONAL TRADE ADMINISTRATION

LAW AND TYPE OF NOTICE

International Trade Administration Act:

Guidelines for rebate on solid Caustic Soda

G 52523 GeN 3141

17 April 2025

APPLIES TO: 

1.     Chemical Manufacturing: Caustic soda is a key raw material in the production of various chemicals.

2.     Paper and Pulp: Used in the pulping and bleaching processes.

3.     Textiles: Employed in the dyeing and processing of fabrics.

4.     Soap and Detergents: Essential for saponification in soap making.

5.     Water Treatment: Utilized for pH control and water purification.

6.     Food Processing: Used in food preparation and processing, such as peeling fruits and vegetables.

7.     Petroleum: Involved in refining processes.

SUMMED UP

Application Procedure

1.     Registration: Applicants must be registered with the South African Revenue Service (SARS) as importers.

2.     Information Submission: Required information must be provided as per the application form (Annexure A).

3.     Timing: Applications should be made well in advance, allowing at least 14 days for processing.

4.     Permit Validity: Each permit defines the period during which goods can be cleared with a rebate of duty, typically for a calendar year.

5.     Submission: Applications must be sent to the specified email address, and incorrect submissions may delay processing.

General Conditions

1.     Compliance: Applicants must comply with the Customs and Excise Act, the ITA Act, and other relevant legislation.

2.     Discretion: Permits are issued at ITAC’s discretion and do not guarantee approval.

3.     Supporting Documents: Applicants must submit various documents, including proof of SARS registration, tax compliance, and a letter from local manufacturers confirming the inability to supply the required quantity of caustic soda.

Non-Compliance

1.     Actions: Non-compliance may result in criminal charges, withdrawal of permits, and other penalties.

2.     Compliance Notice: If non-compliance is detected, a compliance notice will be issued, and the applicant must respond within seven days.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3141 OF 2025

INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA

GUIDELINES, RULES, AND CONDITIONS PERTAINING TO PERMITS ISSUED UNDER REBATE ITEM 306.01/2815.11/03.06 FOR REBATE ON SOLID SODIUM HYDROXIDE (CAUSTIC SODA), CLASSIFIABLE UNDER TARIFF SUBHEADING 2815.11, FOR CONVERSION INTO SODIUM HYDROXIDE IN AQUEOUS SOLUTION (SODA LYE OR LIQUID SODA), CLASSIFIABLE UNDER TARIFF SUBHEADING 2815.12.

1. APPLICATION PROCEDURE

1.1 Applicants must be registered with South African Revenue Service (“SARS”) as an importer when applying to ITAC for a rebate certificate. Applicants must also acquaint themselves with the provisions of the Customs and Excise Act, the International Trade Administration Act (ITA Act) and other legislation relating to the importation of goods into the Republic of South Africa.

1.2 Applicants must provide ITAC with the required information as per the relevant application form (Annexure A) within the stipulated timeframe for submitting applications. Should the space provided in the application form not be sufficient, applicants may use the format of the application form as a guide for the format in which the required information should be submitted.

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

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

1.5 These Guidelines must be read and understood before completing the application form. Completed original applications for permits may be forwarded to: KLegodi@itac.org.za

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

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

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

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

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

(d) The application contains conflicting or incorrect information.

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

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

1.9 A properly documented application means an application that contains all required information and for which all supporting documents referred to in paragraph 2.4 have been provided.

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

2. GENERAL CONDITIONS

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

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

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

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

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

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

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

(d) An original letter from local manufacturers of caustic soda confirming that they are not able to supply the required quantity of caustic soda.

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

(f) Once a permit has been issued, the applicant must submit a monthly report to ITAC indicating the volume and value of goods imported under these rebate provisions.

2.5 A rebate permit may not be transferred in any manner by the holder thereof, to any other person, or be used to the benefit of any person, not named in the permit.

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

a) Error by ITAC on permit.

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

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

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

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

3. NON-COMPLIANCE

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

3.2. If the conditions of rebate item 306.01/2815.11/03.06 are not complied with, the permit holder will, upon detection of such contravention, be issued with a compliance notice to show good cause. The applicant must submit evidence within seven (7) days of receipt of the compliance notice why ITAC should not make any adverse finding/s on the prima facie evidence of non-compliance with the above conditions. Thereafter the matter will be considered by ITAC and if ITAC determines that a contravention of any of these permit conditions has occurred, the permit may be varied, amended or revoked/rescinded.

3.3. Should non-compliance with any applicable legislation be detected by ITAC at any time, ITAC will take such non-compliance by a permit holder or related party who facilitates such conduct into account in considering whether to revoke/rescind a permit issued in terms of Rebate Item 306.01/2815.11/03.06.

In terms of section 54(1)(b) of the ITA Act, it is an offence to fail to comply with a condition stated in a permit and any person found guilty of such an offence is liable to a fine not exceeding R500 000,00 or to imprisonment for a period not exceeding ten years or to both such fine and imprisonment.

LINK TO FULL NOTICE

International Trade Administration Act: Guidelines for rebate on solid Caustic Soda

G 52523 GeN 3141

17 April 2025

52523gen3141.pdf

ACTION

1.     Criminal Charges: Non-compliance may lead to criminal charges under the ITA Act and/or the Customs and Excise Act.

2.     Withdrawal of Permits: Permits may be withdrawn if non-compliance is detected.

3.     Compliance Notice: If non-compliance is detected, a compliance notice will be issued. The permit holder must respond within seven days, providing evidence to show good cause why ITAC should not make any adverse findings.

4.     Revocation or Amendment of Permits: If ITAC determines that a contravention has occurred, the permit may be varied, amended, or revoked.

5.     Penalties: Under section 54(1)(b) of the ITA Act, failing to comply with a permit condition is an offense, punishable by a fine not exceeding R500,000 or imprisonment for up to ten years, or both.

LABOUR

LINK TO FULL NOTICE

Labour Relations Act: Metal and Engineering Industries Bargaining Council: Renewal and extension of registration and administration expenses collective agreement dispute resolution collective agreement

G 52536 GoN 6136

17 April 2025

52536gon6136.pdf

MEDICAL

LAW AND TYPE OF NOTICE

Compensation for Occupational Injuries and Diseases Act:

Annual increase in medical tariffs for medical services providers: Doctors 2025: Amendment

G 52542 GeN 3149

22 April 2025

APPLIES TO: 

Doctors, Physiotherapy, Occupational Therapy and Social Workers

FULL TEXT

DETAILS

Please click on the link provided below to view the full set of tables.

LINK TO FULL NOTICE

Compensation for Occupational Injuries and Diseases Act: Annual increase in medical tariffs for medical services providers: Doctors 2025: Amendment

G 52542 GeN 3149

22 April 2025

52542gon3149.pdf

LAW AND TYPE OF NOTICE

Competition Act:

Interim Block Exemption for Tariffs Determination in Healthcare Sector: Correction of deadline extension for comments

G 52532 GoN 6134

17 April 2025

APPLIES TO: 

Healthcare Sector

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Competition Act: Interim Block Exemption for Tariffs Determination in Healthcare Sector: Correction of deadline extension for comments

G 52532 GoN 6134

17 April 2025

52532gon6134.pdf

ACTION

Ensure that you submit your comments.

LAW AND TYPE OF NOTICE

National Health Council Act:

Establishment of Ministerial Advisory Committee on Human Resources for Health Policy Review

G 52526 GoN 6130

16 April 2025

APPLIES TO: 

1.     Healthcare and Medical Services: Hospitals, clinics, and other healthcare providers.

2.     Pharmaceuticals: Companies involved in the production and distribution of medications.

3.     Public Health: Organizations and agencies focused on community health and safety.

4.     Food and Beverage: Industries related to food safety and nutrition.

5.     Environmental Health: Sectors dealing with environmental protection and pollution control.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Health Council Act: Establishment of Ministerial Advisory Committee on Human Resources for Health Policy Review

G 52526

GoN 6130

16 April 2025

52526gon6130.pdf

ACTION

1.     Adhering to New Regulations: Ensuring that all operations align with the latest health regulations.

2.     Reporting Requirements: Submitting regular reports to the Department of Health.

3.     Inspections and Audits: Undergoing inspections to verify compliance.

4.     Training and Education: Providing training for staff on new health guidelines.

5.     Implementation of Safety Measures: Adopting new safety protocols to protect public health.

CONTRACTS ARTICLES

TANZANIA

Electronic vs. Wet Ink Signatures: What Investors Need to Know

In today’s fast-paced business environment, investors and executives expect transactions to be executed efficiently without compromising quality – be that acquiring a company, securing financing, or closing a commercial transaction. However, in Tanzania, the choice between electronic and wet ink signatures can be one of the key factors impacting whether a deal moves forward smoothly or faces unexpected delays.

For instance, there have been situations where an investor, eager to finalise a financing agreement, encounters delays due to varying interpretations of electronic signature acceptance by certain regulatory bodies, despite electronic signatures being valid under Tanzanian law. Similarly, companies have experienced delays when electronically signed agreements are not immediately recognised by all regulators, resulting in additional processing time. In other instances, requiring wet ink signatures when an electronic one would suffice can create unnecessary administrative steps, which may lead to inefficiencies and longer timelines for closing deals.

While electronic signatures have been legally recognised in Tanzania for nearly a decade, their acceptance can vary significantly across regulators, industries, and specific transactions. For investors, understanding when electronic signatures are accepted, when wet ink signatures are still required, and the potential consequence of non-compliance is crucial to avoid operational disruptions and ensure smooth deal execution.

This article provides insights into these practical considerations, helping investors navigate the complexities of signature requirements in Tanzania.

Click here to download and read the full article.

DATA PRIVACY ARTICLES

SOUTH AFRICA

POPIA regulations get a makeover

The amendments aim to enhance data subject rights while ensuring that organisations adhere to stricter compliance requirements and remain accountable.

The Protection of Personal Information Act (POPIA) Regulations have just received a facelift, with the Information Regulator publishing amendments to the Regulations on 17 April 2025.

The amendments, which came into effect immediately upon publication, aim to enhance data subject rights while ensuring that organisations adhere to stricter compliance requirements and remain accountable.

So, what do you need to know about the amended Regulations?

Additional definitions

The amended Regulations introduce several new definitions to provide further clarity and certainty as regards the application of the Regulations.

These include, for example:

• ‘Complainant’ and ‘Complaint’ – which, respectively, recognises that any person may lodge a complaint with the Information Regulator and aligns the term to specific provisions of POPIA;

• ‘Day’ – which has been clarified to mean any calendar day, unless the last day of a prescribed period falls on a Sunday or a public holiday, in which case the time shall be calculated by excluding that Sunday or public holiday. This aligns with the Interpretation Act;

• ‘Relevant bodies’ – which has been introduced for purposes of industry-specific codes of conduct and acknowledges that any specified industry or profession, or class of industries or professions, that has sufficient representation, may apply for the issuing of a code of conduct; and

• ‘Writing’ – which is defined as encompassing any electronic documents or information that are in writing and subsequently accessible, in line with the definition in the Electronic Communications and Transactions Act.

Multi-channel access for data subjects

The amended Regulations allow data subjects to exercise their rights to object to the processing of personal information or to request the correction or deletion of personal information free of charge through various channels, including by hand, fax, post, email, SMS, WhatsApp or in any other manner expedient to the data subject.

In addition, a data subject may exercise their rights telephonically and, in such a case, an organisation is required to electronically record the communication and make the recording, or a transcription thereof, available to the data subject upon request.

Further, when collecting personal information, organisations are required to inform data subjects of their right to object and, in respect of requests for the correction or deletion of personal information, to advise the data subject of the action taken in response to the request within 30 days of receipt of the request.

Consent for direct marketing

An organisation that wishes to send direct marketing communications to a data subject that is not an existing customer must obtain the consent of a data subject in a manner that is expedient, free of charge and reasonably accessible to the data subject, including by email, telephone, SMS, WhatsApp or automated calling machine.

If a request for consent is made telephonically or by automated calling machine, an organisation is required to keep an electronic recording of the consent, and make the recording, or a transcription thereof, available to the data subject upon request. This requirement aligns with the Guidance Note on Direct Marketing released by the Information Regulator late last year.

Whilst under the previous Regulations, organisations were required to obtain a data subject’s consent using Form 4 annexed to the Regulations, the amended Regulations allow for consent to be obtained in a form ’substantially similar to’ Form 4.

In short, organisations must specify the goods or services to be marketed and obtain the data subject’s consent to receive marketing communications in respect of such goods or services, including the specific method of preferred communication.

Importantly, when obtaining consent from a data subject to receive direct marketing communications, the amended Regulations expressly provide that an ‘opt-out shall not constitute consent’.

Simply providing a data subject with the means to opt out of receiving marketing communications and, in the absence of the data subject exercising the right to opt out, does not mean that the data subject has provided their consent to be contacted or have their personal information processed. Consent in this context requires a positive action.

Information officers

While the amended Regulations have removed the duty placed on information officers to develop and maintain a manual in terms of the Promotion of Access to Information Act (PAIA) (which obligation nevertheless remains in place under PAIA for organisations in South Africa), the duty to develop and implement a POPIA compliance framework has been expanded upon to provide that such compliance framework must be ‘continuously improved’.

This acknowledges the need to revisit and improve upon an organisation’s compliance framework with reference to ongoing operational and legal developments.

Enhanced complaint process

The amended Regulations allow for complaints to be submitted to the Information Regulator by any person with a sufficient personal interest in the subject matter of a complaint, or any person acting in the public interest.

A complaint must be made in writing using the prescribed complaint form and can be submitted to the Information Regulator via email, fax, post, courier or by hand. Assistance will now be made available to complainants when reducing the complaint to writing or who make a complaint in a language other than English.

The amended Regulations set out detailed requirements for the content of complaints and allow for complainants to request that their identity not be disclosed (with the Information Regulator considering the reasons for such request before making a decision in this regard).

Administrative fines

Where an organisation is issued with an administrative fine and is unable to pay the fine in a lump sum, the amended Regulations allow for an organisation to make arrangements with the Information Regulator to pay the fine in instalments.

When determining an appropriate payment period, the Information Regulator will consider the financial circumstances of the organisation and any other relevant reasons that may directly or indirectly impact the organisation’s affordability.

The amended Regulations mark a bold move toward greater accountability and stronger protection for the rights of data subjects. It’s time for organisations to dust off their data protection compliance frameworks and ensure that their processes align with the new requirements – because when it comes to privacy, the rules just received a serious upgrade.

Nadine Mather is a partner and Pascale Towers is a senior associate at Bowmans.

by Nadine Mather & Pascale Towers

The Media Online

ENERGY ARTICLES

SOUTH AFRICA

Important information about Eskom going after people with solar panels on their roofs

Energy expert Chris Yelland has questioned the legality of Eskom and some municipal power distributors’ requirement that ECSA-accredited personnel sign off on grid-tied solar power systems.

Eskom has intensified its campaign to register all grid-tied solar power systems on its network in recent months.

The power utility has explained that it requires all its customers with grid-tied solar power systems to register, regardless of whether they feed back into the grid.

“Grid-connected machines change the power flow on the Eskom network,” the power utility explains on its SSEG information website.

“If the operators do not know the existence of the generators, this poses a safety risk even with a carefully controlled operations process.”

The power utility deems any grid-tied SSEG connection installed without its permission to be unauthorised.

The main issue with Eskom’s actions is that many customers now find themselves needing to pay far more to make their system compliant with its criteria, despite having electrical certificates of compliance (CoCs).

AfriForum recently sent a legal letter to Eskom demanding that the power utility provide the relevant legislation requiring the registration of small-scale embedded generation systems.

Several solar power users who are critical of Eskom’s requirements have also pointed out that the legislation does not require any household solar systems to get a licence.

The latest Electricity Regulation Act exempts all private power systems from licensing with the National Energy Regulator of South Africa (Nersa).

However, people with systems that have over 100kW of capacity must only be registered with Nersa. Those with capacities under 100kW — which is likely to include most, if not all, residential systems — do not need to register with Nersa.

However, generation facilities with an existing Point of Connection to the grid must be registered with the relevant power distributor.

The distributor can also prescribe the conditions relating to the continued use of the Point of Connection.

On its SSEG information page, Eskom said the following standards are applicable to its solar power system registration regime:

• Eskom 240-61268576 / DST 34-1765: Standard for the interconnection of embedded generation Part 2: Small-scale embedded generation Section 1: Utility interface.
• National Rationalised Specifications (NRS) 097-2-3 Grid Interconnection of Embedded Generation Part 2: Small-scale embedded generation Section 2: Simplified utility connection criteria for low-voltage connected generators.
• South African Distribution Code
• SANS 10142-1 & SANS 10142-1-2
• Occupational Health and Safety Act, (Act 85 of 1993) and requirement for a COC.
  Operating Guideline for LV networks with Embedded Generation (Unique ID: 240-81732810) and The Dead-Grid Safety lock specification minimum safety requirements for LV connected PV Embedded Generators (Unique ID: 240-126260252) are no longer a compulsory Eskom requirement.

The power utility also explained that it uses the “established” embedded generation (EG) report as an interim solution to include the compliance of SSEG installations until the SANS 10142-1-2 standard is published.

According to Eskom, it is a “statutory requirement” that a qualified and registered engineer or engineering technician sign off on embedded generation systems until the standard is published.

Depending on where a customer is located, engineers can charge anywhere from R10,000 to more than R20,000 to design, test, and sign off on a system.

The problem is that this standard has been completely abandoned, so Eskom is misleading the public by implying its rules are in effect.

Standard no longer in the pipeline — and Eskom rule not law

“An NRS standard is an Eskom and municipal standard, it is not a South African national standard,” Yelland said.

“I question whether that is even legal because Eskom is not allowed to pass mandatory standards. It can make voluntary standards, but I don’t know if it’s legal.”

Yelland pointed out that no SANS or NRS standards determined the actual laws around electrical installations.

The legal requirements are set out in South Africa’s Electrical Installation Regulations.

These currently only require that an electrician or electrical contractor registered with the Department of Labour issue a CoC for an installation, which includes covering embedded generation systems.

Yelland agreed with the Electrical Contractors Association of South Africa (Ecasa), who previously told MyBroadband that using an ECSA-registered person for embedded generation was unnecessary.

“According to the Electrical Installation Regulations 2009, an Installation Electrician (IE) can work on any electrical installation, except for specialised or hazardous locations,” Ecasa said.

“Similarly, a Master Installation Electrician (MIE) is permitted to work on any installation, covering AC voltages up to 1,000 volts and DC installations up to 1,500 volts.”

While not a requirement, Yelland and Ecasa have explained that a standard already existed to enable qualified electricians to approve embedded generation systems.

South Africa had already adopted the IEC 60349-7-712 standard — renamed SANS 60364-7-712 — to address the necessary technicalities and appropriate safety standards on solar PV system installations.

Yelland believes that Eskom has overstepped the mark by putting this requirement in the NRS and will be required to take it out.

“Things will go back to what exists at the moment, which is that the system has to be signed off with a CoC issued by a registered electrician or electrical contractor,” he said.

By Hanno Labuschagne

Mybroadband

ENVIRONMENTAL ARTICLES

Justice in the face of “Deadly Air”: What the Highveld Pollution case means for YOU

The Supreme Court of Appeal (“SCA”) delivered a landmark judgement on April 11 2025, in Minister of Environmental Affairs v Trustees for the Time Being of GroundWork Trust and Others  (549/2023) [2025] ZASCA 43. The case involved the long-standing and dangerous air pollution in the Highveld Priority Area (“HPA”), which is a major industrial region incorporating Mpumalanga and Gauteng provinces and housing Eskom coal-fired power plants, Sasol petrochemical facilities, and many coal mines.

The SCA affirmed the state’s constitutional mandate to protect citizens from environmental harm, especially when the health of citizens is  endangered. The SCA’s decision establishes vital implications beyond environmental legislation for social equity and governmental responsibility in South Africa.

 The background: A decade of empty promises

The government designated the HPA  as a “priority area” in 2007 due to dangerously high levels of air pollution. The  Department of Environmental Affairs published the Highveld Priority Area Air Quality Management Plan (“the Highveld  Plan”) in 2012, which aimed to achieve air quality targets by 2020. It included goals like decreasing industrial emissions and improving air quality in poverty-stricken areas, as well as establishing vehicle emission standards and dust control measures.

However, more than a decade later, the air in the HPA remained toxic. Studies demonstrated that the air quality exceeded legal limits, contributing to chronic illnesses, respiratory conditions, and premature death. A government-led research project concluded that 10,000 lives could be saved if national air quality standards were met. Despite this, the Minister of Environmental Affairs had not published the regulations for enforcing the Highveld Plan.

The legal challenge

Environmental justice organisations GroundWork and Vukani Environmental Justice  Movement took the Minister to court in 2019. They argued that the government’s failure  to publish regulations for enforcing the Highveld Plan violated citizens’ constitutional right to live in a safe  environment (section 24(a) of the Constitution).

The High Court agreed and ordered the Minister to  create and implement regulations within 12 months. The Minister filed an appeal against this decision because she maintained  that section 20 of the National Environmental Management: Air Quality Act, 2004  (“Air Quality Act”) gave her discretion to issue regulations, not a legal duty.

The Supreme Court’s decision

The SCA supported the High Court decision by establishing that the Minister had a legal  obligation rather than a mere discretion to publish regulations under section 20 of the Air Quality Act in this particular  case. The SCA found that:

• The Minister did not challenge the section 24(a) part of the High Court’s judgment and thus conceded that the government had breached Constitutional rights.
• Despite internal studies, public pressure, and draft regulations which were availed shortly before the appeal was lodged, the Minister unreasonably delayed action for over a decade.
• The regulations were vital, as socio-economic impact assessments and health data clearly demonstrated that binding rules were required. The absence of such regulations prevents polluters from being held responsible  for their actions.

The SCA also clarified that in cases of necessity, section 20 of the Air Quality Act requires the  interpretation of the word “may” to mean “must” which creates a compulsory obligation. This principle  prevents the government from circumventing its duties by using discretion when health and environmental rights are at stake.

Why this case matters

This judgment represents a major triumph for affected communities and a crucial step forward for environmental justice in South Africa. It reinforces three essential principles which include public official accountability for implementing laws that protect health and the environment, that access to clean air is a basic human right. Importantly, the SCA recognised that low-income communities  along with children and women and people with disabilities bear the greatest burden of air pollution which demonstrates the strong  link between environmental damage and social inequality.

What’s next?

During the twelve-month period starting  from April 2025 the Minister was directed to develop, introduce, and publish regulations under section 20 of the Air Quality Act to give effect to and enforce the Highveld Priority Area Air Quality Management Plan. Civil society now has a precedent to challenge government actions when rights are under  threat.

How can we help?

The second generation Highveld Priority Area Air Quality Management Plan was published on 26 March  2025 with a specific goal to decrease HPA emissions by 40% before 2030.  This development demonstrates an intensified effort to address ongoing air quality problems within the HPA.  If your operations are located within the HPA, or you are uncertain how the updated Highveld Plan and the Deadly Air judgment may impact your business, get in touch with ENS’ Natural Resources and Environment team for assistance.

Carlyn Frittelli Davies and Fortune Shanduka

ENSafrica

LABOUR ARTICLES

SOUTH AFRICA

Heightened responsibilities for employers amidst employment equity amendments: The introduction of Economic Sectors targets

The Minister of Employment and Labour (the Minister) has published the Employment Equity Regulations, 2025 (the 2025 Regulations) under the Employment Equity Act 55 of 1998 (EEA), as amended, together with the notice identifying national economic sectors and determining the sectoral numerical targets effective from 15 April 2025. The effect of the 2025 Regulations is that the designated employers are to ensure compliance with more stringent employment equity requirements. The Department of Employment and Labour has reaffirmed its commitment to workplace transformation and signalled a renewed focus on the implementation of employment equity legislation.

The Department of Employment and Labour (DoEL) has intensified its efforts to ensure that workplace transformation and employment equity remain at the forefront of South Africa’s labour landscape. In light of recent amendments to the EEA and the sectoral numerical targets which became effective on 15 April 2025, employers are required to implement more robust measures to remain compliant with the new legislative framework. The DoEL has identified 18 national economic sectors, with specific numerical targets for the identified economic sectors.

To review the Determination of Sector Numerical Targets, click here.

The employment sector has welcomed the publication of:

(i) the General Administrative Regulations, covering Employment Equity (EE) reporting forms, plan templates, enforcement mechanisms, and compliance certificate formats; and

(ii) the Regulations on 5-Year Sector Employment Equity Targets, which define specific targets for each sector.

Employment equity planning and reporting

Designated employers are obligated to prepare and implement their Employment Equity Plans (EEPs) and set numerical goals aligned with 5-year sectoral targets by 31 August 2025. The revised reporting cycle for sector targets will then run from 1 September 2025 to 31 August 2030.  Employers who become designated employers, after 1 April 2025, must prepare an EEP for the remainder of the period until 31 August 2030.  A designated employer must refer to the relevant Codes of Good Practice issued in terms of section 54 of the Act when preparing an EEP.  New EEPs must be informed by both qualitative and quantitative analyses, with affirmative action measures designed to achieve the numerical goals and sectoral targets. Recruitment, promotions, and workforce planning should be aligned accordingly.

Justification of non-compliance

The 2025 Regulations outlines the reasonable grounds an employer may rely on to justify non-compliance with sectoral numerical targets.  However, the burden of proof rests with the employer. Should non-compliance be challenged, the employer must be able to substantiate its position with clear, documented evidence.

The following are recognised as justifiable reasonable grounds for non-compliance:

• Insufficient recruitment opportunities;
• Insufficient promotion opportunities;
• Insufficient target individuals from designated groups with the relevant formal qualifications, prior learning, relevant experience or capacity to acquire, within a reasonable time, the ability to do the job;

• Impact of a CCMA award or court order;
• Impact of a transfer of business;
• Impact of a mergers or acquisitions; and
• Impact of economic circumstances impacting the business.

Notably, it is unlikely that grounds for non-compliance will be accepted at face value.  Companies should expect an interrogation on whether grounds are reasonable to justify non-compliance. Unjustified non-compliance may result in disqualification from state contracts, financial penalties, and potential reputational harm. Employers are therefore encouraged to maintain comprehensive records and strengthen administrative processes to support any defence of non-compliance.

Compliance certificate: A gateway to state contracts

Amendments to section 53 of the EEA introduce enhanced compliance obligations for employers doing business with the state.  Designated employers must obtain a certificate of compliance from the Minister of Employment and Labour to qualify for state contracts. The Minister may issue such a certificate only if satisfied that the employer has:

1.     complied with applicable sectoral targets;

2.     provided a reasonable justification for any target not met;

3.     submitted the required report in terms of section 21;

4.     not had a finding against it by the CCMA or a court in the past 12 months that the employer breached the prohibition on for unfair discrimination under Chapter 2; and

5.     not had a CCMA award issued against it in the past 12 months for failing to pay the minimum wage under the National Minimum Wage Act of 2018.

Administrative oversight and record-keeping

Given the stricter compliance framework, employers must enhance their administrative processes and maintain detailed records of all documentation, analyses, and implementation efforts.  This is especially critical where an employer may rely on justifiable grounds for non-compliance.

Upskilling forums and line management

Effective employment equity implementation relies on well-informed and empowered decision-makers.  Employers must prioritise the training and upskilling of line managers and employment equity forum representatives, particularly those involved in recruitment and promotion processes.

It is equally important to establish and support representative forums with adequately trained members. These forums play a key role in championing diversity, inclusion, and meaningful transformation within the workplace.

Expanded definition of disability

The definition of “people with disabilities” has been expanded to include individuals with long-term or recurring physical, mental, intellectual, or sensory impairments that may substantially limit their prospects of entry or advancement in the workplace. In line with this, the proposed employment equity target for persons with disabilities has been increased to 3%.

Employers may need to update their EEA1 declaration forms and internal processes to ensure accurate self-identification and representation in their EEPs.

Next steps for employers

Given the scope and implications of the recent amendments, employers are advised to:

• Begin reviewing and updating their EEPs.
• Enhance record-keeping and administrative oversight to prepare for audits and compliance reviews.
• Proactively upskill line managers and forum representatives.
• Align workforce planning strategies with sectoral targets.
• Ensure systems are in place to meet the compliance certificate requirements.

The amendments send a clear message: employment equity is not a tick-box exercise, but a fundamental element of doing business in South Africa.

Employers must act now to future-proof their compliance and support meaningful workplace transformation.

by Dhevarsha Ramjettan, Kanyiso Kezile, Mufaro Sambaza

MEDIATION ARTICLES

SOUTH AFRICA

Mandatory Mediation in the Gauteng Division of the High

Court: A Legal Perspective

On 22 April 2025, the Office of the Chief Justice (OCJ) issued a groundbreaking directive on the implementation of mandatory mediation for all civil trial matters in the Gauteng Division of the High Court. Spearheaded by Judge President Dunstan Mlambo, this directive aims to address the severe backlog in the Division’s Civil Trial roll and ensure expedited access to justice for litigants. Below, we explore the key aspects, rationale, and implications of this directive.

Background and Rationale

The Gauteng Division of the High Court has been grappling with an untenable backlog in civil trial matters, with trial dates issued as far ahead as 2031. This delay infringes on the constitutional right to access courts, as guaranteed by Section 34 of the Constitution of South Africa. The Division’s leadership has identified that the majority of matters on the trial roll—over 85%—do not present triable issues requiring judicial intervention. These cases often settle on the trial date or are resolved through draft orders, wasting valuable judicial resources and delaying cases that genuinely require adjudication.

To address this inefficiency, the directive introduces mandatory mediation as a mechanism to expedite the resolution of disputes. Mediation, as an alternative dispute resolution (ADR) process, allows parties to negotiate and settle disputes without judicial intervention, freeing up the trial roll for cases that truly require judicial attention.

Consultative Process

The directive was developed following extensive consultations with legal practitioners, professional bodies, mediation organizations, and other stakeholders. A draft directive was circulated for comments, with feedback received from various quarters, including objections and technical suggestions. While some practitioners expressed concerns about losing trial dates and perceived mandatory mediation as a “hurdle,” the Division emphasized that mediation does not infringe on the right to access courts but rather enhances it by offering an expedited resolution process.

Legal Framework

The directive is implemented within the provisions of the Uniform Rules of Court and Section 41A of the Supreme Court Act 59 of 1959, which provides for mediation as a dispute resolution mechanism. It aligns with Section 173 of the Constitution, which empowers the Judge President to oversee the efficient administration of justice. Importantly, the directive does not compel parties to agree to a mediated settlement; if mediation fails, parties retain their right to approach the court.

Implementation Timeline

The directive takes effect on 22 April 2025, with transitional procedures in place until 31 December 2026. From 1 January 2026, new procedures for civil trials will be introduced, requiring that requests for trial dates be accompanied by a mediator’s report. This ensures that only matters that have undergone genuine mediation are placed on the trial roll.

Key Benefits

1. Expedited Resolution: Mandatory mediation aims to resolve disputes earlier, reducing the waiting time for trial dates and alleviating pressure on the trial roll.

2. Efficient Use of Judicial Resources: By removing cases that do not require judicial intervention, the directive ensures that judges focus on matters that genuinely need adjudication.

3. Access to Justice: The directive safeguards the constitutional right to access courts by providing an alternative mechanism for dispute resolution.

Challenges and Criticism

Some legal practitioners have raised concerns about the directive, arguing that mandatory mediation may exceed the judiciary’s powers under Section 8 of the Superior Courts Act and interfere with the constitutional right to access courts. However, the OCJ has clarified that the right to access courts is not absolute and can be limited in cases where litigants misuse judicial processes. Additionally, the directive guarantees earlier trial dates for cases that fail to settle through mediation.

Global and Local Precedents

Mandatory mediation is not a novel concept. It has been part of South African law for decades in the labour law field under the Labour Relations Act 66 of 1995. The Land Court Act 6 of 2023 also provides for mandatory mediation.  Internationally, jurisdictions that have adopted mandatory mediation have reported significant improvements in access to justice and judicial efficiency.

Conclusion

The introduction of mandatory mediation in the Gauteng Division of the High Court represents a progressive step toward addressing the backlog in civil trial matters and ensuring efficient access to justice. While it may face initial resistance, the directive is grounded in constitutional principles and supported by legal precedents. By prioritizing mediation, the judiciary aims to create a litigation platform that is both effective and expeditious, ultimately benefiting litigants and the justice system as a whole.

For further details, the full directive can be accessed on the Judiciary website: Judiciary Directives.

Thomas Lee