Dear Subscribers,
Please see the attached link to a more detailed PDF version of the weekly Gazette and Newsflash for 16 July – 22 July 2025: LC-Gazette and Newsflash 16 – 22 July 2025
Please see the latest happenings below:
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AGRICULTURE
Marketing of Agricultural Products Act: Establishment of statutory measure and determination of guideline prices: Levies relating to lupins Agricultural Product Standards Act: Regulations: Relating to meat analogues intended for sale in Republic of South Africa
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CONSTRUCTION
Planning Profession Act: Call for nominations of persons to serve as Members of the South African Council for Planners: Nominations invited Project and Construction Management Professions Act: Amendment |
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HEALTH AND SAFETY
Mine Health and Safety Act: Guidance note for the prevention and management of non-communicable diseases and mental health disorders in the South Africa Mining Industry
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LEGAL SECTOR
Legal Practice Act: Legal Services Ombud Rules |
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Every single billboard on R21 to OR Tambo Airport is illegal, says Sanral AfriForum takes legal action against Johannesburg’s CCTV by-law SA braces for Financial Action Task Force inspection Landmark judgment strengthens FSCA’s hand against foreign wrongdoers
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Alison and The Legal Team
CONTENTS
Project and Construction Management Professions Act: Amendment
CUSTOMS, EXCISE AND INTERNATIONAL TRADE
Customs and Excise Act: Imposition of Provisional Payment (PP/175) (English/ Afrikaans)
International Trade Administration Commission: Public hearing notice
Labour Relations Act: Application for registration of an Amalgamation Bargaining Council
Legal Practice Act: Legal Services Ombud Rules
Pharmacy Act: Regulations relating to the practice of pharmacy: Comments invited
Every single billboard on R21 to OR Tambo Airport is illegal, says Sanral
AfriForum takes legal action against Johannesburg’s CCTV by-law
FINANCIAL ARTICLES AND JUDGMENTS
SA braces for Financial Action Task Force inspection
Landmark judgment strengthens FSCA’s hand against foreign wrongdoers
AGRICULTURE
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LAW AND TYPE OF NOTICE
Marketing of Agricultural Products Act:
Establishment of statutory measure and determination of guideline prices: Levies relating to lupins (English/ Afrikaans)
G 53020 RG 11854 GoN 6437
18 July 2025
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APPLIES TO:
1. Lupin Producers
2. Processors and Converters
3. Buyers and Traders of Lupins
4. Storage Facilities / Silo Operators
5. SA Cultivar and Technology Agency (SACTA)
6. Transformation Service Providers
7. Small-scale and Emerging Farmers
8. Auditors and Compliance Officers
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SUMMED UP
Issued by: Department of Agriculture, Land Reform and Rural Development Gazette Number: No. 53020 Notice Number: R. 6437 Date: 18 July 2025 Minister: John Henry Steenhuisen, Minister of Agriculture
Summary: In accordance with sections 13 and 15 of the Marketing of Agricultural Products Act, the Minister has:
1. Established a statutory measure regarding levies on lupins. 2. Determined the guideline price for lupins at R4,885.18 per metric ton.
Key Provisions:
1. Purpose
The levy aims to:
2. Product and Area
3. Levy Details
4. Payment Instructions
SA Cultivar and Technology Agency NPC (SACTA) PO Box 74626, Lynnwood Ridge, 0040 or or Electronic transfer to the designated SACTA account.
5. Conditions of Approval
6. Validity
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DETAILS
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LINK TO FULL NOTICE
Marketing of Agricultural Products Act: Establishment of statutory measure and determination of guideline prices: Levies relating to lupins (English/ Afrikaans)G 53020 RG 11854 GoN 6437 18 July 2025
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ACTION
1. Lupin Producers
Compliance Actions:
2. Processors and Converters
Compliance Actions:
3. Buyers and Traders of Lupins
Compliance Actions:
4. Storage Facilities / Silo Operators
Compliance Actions:
5. SA Cultivar and Technology Agency (SACTA)
Compliance Actions:
6. Transformation Service Providers
Compliance Actions:
7. Small-scale and Emerging Farmers
Compliance Actions:
8. Auditors and Compliance Officers
Compliance Actions:
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LAW AND TYPE OF NOTICE
Agricultural Product Standards Act: Regulations: Relating to meat analogues intended for sale in Republic of South Africa
G 53020 RG 11854
GoN 6436
18 July 2025
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APPLIES TO:
1. Meat Analogue Manufacturers (Local & Importers) 2. Packers and Distributors 3. Importers and Foreign Suppliers 4. Retailers and Sellers (Supermarkets, Online Vendors, etc. 5. Advertisers and Marketers 6. Laboratories and Compliance Inspectors 7. Regulatory Bodies / Executive Officer / Assignees
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FULL TEXT |
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DETAILS
Definitions
1. Any word or expression in these regulations to which a meaning has been assigned in the Act shall have that meaning, and unless the context otherwise indicates —
“address” means a physical address and includes the street or road number or name and the name of the town, village or suburb and, in the case of a farm, the name or number of the farm and of the magisterial district in which it is situated;
“algae-based” means non-animal ingredients derived from algae, including microalgae and macroalgae, that are cultivated and processed to replicate the taste, texture, or nutritional properties of animal-derived products prepared for human consumption;
“assignee” means a person, undertaking, body, institution, association or board designated under section 2(3) (a) of the Act;
“bacterial-based” means non-animal ingredients derived from microbial fermentation processes involving bacteria, designed to replicate the taste, texture, or nutritional properties of animal-derived products prepared for human consumption;
“batch” means a definite quantity of meat analogues produced essentially under the same conditions and which do not exceed 24 hours;
“close proximity” means in the immediate vicinity of or nearest/ closest/ next to, and which shall not be interrupted or separated by for example any wording, symbols, figures, lines, depictions, etc.;
“container” means the immediate packaging manufactured from any suitable material in which a meat analogue is presented for sale, and includes wrappers, gift packs and hamper packs when such is offered to the consumer;
“descriptive name” means a name which describes the meat analogue and, if necessary, its use, and which is sufficiently clear to enable consumers to determine its true nature and distinguish it from other products which it might be confused with;
“designation of origin” means the name as defined in the regulations relating to the protection of geographical indications and designation of origin used on agricultural products intended for sale in the Republic of South Africa published under the Act;
“EU SADC EPA” means the European Union and Southern African Development Community Economic Partnership Agreement signed on 10 June 2016 between the member states of the European Union and the Southern African Development Community region of which the Republic of South Africa forms part;
“Executive Officer” means the officer designated under section 2(1) of the Act;
“food additive” means a permitted substance as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
“foodstuff” means a foodstuff as defined in the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
“foreign matter” means any non-food substance not intentionally incorporated into meat analogues which may include but is not limited to metal, plastic, glass, wood or other extraneous matter introduced during production, processing, packaging or distribution but excludes the presence of food additives and/ or foodstuffs intentionally incorporated in a meat analogue;
“fungi-based means non-animal ingredients derived from any edible part of organisms in the kingdom of fungi, including the fruiting body or other edible parts of mushrooms, mycelium (the vegetative part of the fungus), or fungal fermentation processes designed to replicate the taste, texture or nutritional properties of animal-derived products prepared for human consumption;
“geographical indication” (GI) means the name as defined in the regulations relating to the protection of geographical indications and designation of origin used on agricultural products intended for sale in the Republic of South Africa published under the Act;
“herbs” means the leafy, seed or flowering parts of a plant used for, amongst others, flavouring and culinary purposes and could be fresh, dried or the extract thereof;
“inspector” means an officer under the control of the Executive Officer, or an assignee or an employee of an assignee;
“label” means any tag, brand, mark, pictorial, graphic or other descriptive matter, which is written, printed, stencilled, marked, embossed, impressed upon, or permanently attached to a container of a meat analogue, and includes labelling for the purpose of promoting its sale;
“letters” also means figures and symbols;
“main ingredient” means the ingredient(s) in a foodstuff which by weight or volume, whatever is applicable, contributes the highest percentage mass, excluding water;
“main panel” means that part(s) of the container, outer container or label that bears the brand name or trade mark of the product in greatest prominence, or any other part of the container, outer container or label that bears the brand or trade name in equal prominence;
“manufacturer” means any establishment which processes or prepares or produces meat analogues;
“meat” means the clean, sound and wholesome skeletal musculature and fatty tissue of any animal species, including bird or wild game species, used as a foodstuff, together with any connective tissue, residual/intrinsic blood, bone, fat and cartilage that occurs naturally in the skeletal musculature of the dressed carcass and head, excluding the musculature of the lips, snout, scalp and ears;
“meat analogue” (also known as meat substitute or imitation meat) means a product that —
(a) subject to regulation 4(1)(d), is made from non-animal ingredients (e.g., plant-based, algae-based, bacterial-based, mushroom-based and/or fungi-based) and is available in different forms (e.g., coarse ground, emulsified and loose fill); (b) approximates the sensory qualities (primary texture and flavour) and/or nutritional or chemical characteristics of a specific type of meat product and/or in general appearance, presentation and intended use corresponds to meat or a product made from meat; and (c) may be presented for sale in an ambient, chilled or frozen state;
“mushroom-based” means non-animal ingredients derived primarily from the fruiting body or other edible parts of mushrooms (organisms in the kingdom Fungi) designed to replicated the taste, texture or nutritional properties of animal-derived products prepared for human consumption;
“outer container” means a carton or any other suitable packaging in which more than one container of meat analogues are packed, irrespective whether it completely or partially encloses the containers, (but excludes any type of open outer container in which the products are transported [e.g. crates, etc.]);
“packer” means — (a) a person or establishment dealing in the course of trade with meat analogues by packing such products for sale; or (b) a person or entity on behalf of whom the meat analogues have been packed for sale;
“plant-based” means non-animal ingredients derived from the fruiting body or other edible parts of plants (organisms in the kingdom Plantae), designed to replicate the taste, texture or nutritional properties of animal-derived products prepared for human consumption;
“prescribed name” means the name of the agricultural product prescribed by regulations under the Act;
“product name” means the combination of the prescribed name and descriptive name for a meat analogue as specified in regulation 7;
“salt” means a substance as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
“scale label” means a label that is printed by an electronic (weighing machine) mainly for the purpose of indicating the weight and price of the product, but which may also include other information about the product concerning such as e.g. abbreviated description of the product or/and date marking;
“spices” means dried, pungent or aromatic substances of edible plant origin (i.e. from the fruit, root, stem, bulb, bark or seeds) primarily used for flavouring, colouring or preserving of foodstuffs;
“the Act” means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);
“trade mark” means a trade mark as defined in the Trade Marks Act, 1993 (Act No. 194 of 1993); and
“transparent” in relation to containers and outer containers, means that an area of at least a 25 percent continuous portion of the main panel or back panel, or across any two adjacent panels, of a container or outer container is transparent;
Scope of regulations
2. These regulations shall apply to meat analogues intended for sale in the Republic of South Africa to which and under circumstances in which a prohibition in terms of section 3 of the Act regarding control over the sale of meat analogues apply.
Restrictions on the sale of meat analogues
3. (1) No person shall sell meat analogues in the Republic of South Africa —
(a) unless such products comply with the prescribed general standards referred to in regulation 4; (b) unless the containers and outer containers in which such products are packed, comply with the requirements referred to in regulation 5; (c) unless such products are marked in the manner and with the particulars referred to in regulations 6 to 11; and (d) if such products are marked with any restricted particulars or in a manner which is prohibited in terms of regulation 12.
(2) The Executive Officer may, taking the following into account, grant written exemption, entirely or partially, to any person(s) or entity on such conditions as he or she deems necessary, from the provisions of sub-regulation (1):
(a) the seriousness of implications of the exemption applied for; (b) possible unfairness towards consumers relating to the price and quality of the product; and (c) any other factor the Executive Officer may deem necessary to take into account.
(3) The restrictions in sub-regulation (1) above shall not apply to the sale of foodstuffs using names which are not prescribed under the Act (e.g., “hot dog”, “chipolata”, “bites”, “steak”, “pops”, “balls”, “rounds”, “pieces”, “tenders”).
PART II GENERAL STANDARDS FOR MEAT ANALOGUES
General standards for meat analogues
4. (1) All meat analogues shall —
(a) be prepared from ingredients that are fit for human consumption; (b) subject to the provisions sub-regulation (2) below, be free from any substance or foreign matter which do not normally form part of meat analogues; (c) contain a protein content of at least 9% as analysed if it is formulated and intended to replace meat in products using the names burger, patty, sausage, banger, polony and mince subject to regulation 7(1)(f); and (d) not contain ingredients and additives derived from animal origin: Provided that the addition of egg (Ovo), Milk (Lacto) and Honey is allowed when vegetarian claims are made in the manner prescribed by the legislation published in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972). (2) A meat analogue may, subject to subregulation (1)(d) above, contain food additives, colourants, seeds, spices, aromatic herbs and/or condiments.
PART III PACKING, CONTAINERS AND OUTER CONTAINERS
Requirements for containers and outer containers
5. (1) A container in which meat analogues are packed shall — (a) be manufactured from a material that — (i) is suitable for this purpose; (ii) will protect the contents thereof from contamination; and (iii) will not impart any undesirable taste or flavour to the contents thereof;
(b) be so strong that it will not be damaged or deformed during normal storage, handling and transport practices; (c) be intact and clean; and (d) be closed properly in a manner permitted by the nature thereof.
(2) If containers containing meat analogues are packed in outer containers, such outer containers shall — (a) be intact, clean, neat, suitable and strong enough; and (b) not impart any undesirable taste or flavour to the contents thereof.
PART IV MARKING REQUIREMENTS
Marking of containers and outer containers
6. (1) Except where specifically prescribed, all other marking requirements as specified by these regulations shall be clearly legible and be indicated at least in English, in detached letters of at least 1 mm in size for lower case vowels. (2) Each container in which meat analogues are packed shall be marked with the following particulars at least in English: (a) The product name and, where applicable, the additions to the product name, as specified in regulations 7 and 8 respectively, in detached letters of the same type, size, colour and font, prominently on at least one main panel in a letter size of at least 2 mm for lower case vowels: Provided that the name of the added flavouring (e.g. ‘vanilla’, etc.) and added foodstuff may be indicated in one different colour when used in the additions to the product name (b) The name and address, as specified in regulation 9. (c) The country of origin, as specified in regulation 10. (d) Traceability and batch identification, as specified in regulation 11. (3) (a) The particulars referred to in sub-regulation (2)(a), (b) and (c) above shall be marked on each outer container in which more than one container of meat analogue is packed. (b) The marking requirements prescribed in paragraph (a) above need not to be complied with if — (i) a transparent outer container is used and the particulars on the containers packed therein are visible from the outside; or (ii) the same label which is affixed to the containers is also affixed to the outer container. (4) Notwithstanding the provision in subregulation (2), meat analogues labelled with a scale label only shall be marked at least with the following particulars: (a) The information referred to in subregulation (2) (a),(c) and (d) in a letter size of at least 1mm in height. (b) The name and telephone number of the manufacturer, packer, importer, seller or person or entity on whose behalf the product has been packed in a letter size of at least 1 mm in height.
(5) Self-adhesive stickers indicating the particulars referred to in sub-regulation (2)(a) to (d) above in the prescribed letter sizes may be used to cover any incorrect and/ or supplement any lacking marking requirements identified during inspection, instead of relabelling the container or repacking the meat analogue concerned.
Indicating the product name
7 (1) Meat analogue shall be designated or named in accordance with the name specified under Annexure A: Provided that the following criteria are complied with: (a) The name for a meat analogue is preceded by a descriptive name such as “plantbased”, “fungi-based”, “mushroom-based”, “vegan”, “veggie” or “vegetarian” and/or a similar descriptive name or term that will assist or enable the consumer to determine the true nature and composition of the meat analogue. (b) Descriptive name referred to in the above sub-regulation (a) may be replaced or used together with the name of the plant species or fungi species used in the manufacturing of the meat analogue (e.g., “nut loaf” or “vegan nut loaf” or “soy mince” or “mushroom burger”). (c) Subject to regulation 12(1)(c), no indication of animal species names, animal morphology or anatomy cuts names as defined in the regulations for meat, poultry meat, processed meat products and certain raw processed meat products published under the Act shall be indicated as part of the product name. (d) The words or expressions such as “chicken-style”, “beef-style”, “chick’n”, “b*con” or any similar wording referring to the name(s) of animal species and meat products shall not be permitted to appear on the container and outer-container of meat analogues. (e) Depictions and /or images of animal species on the container and outer container of meat analogues shall not be permitted. (f) Meat analogues complying with the requirement of regulation 4(1)(c) shall indicate on the main panel, without referring to the animal species, one of the following: “Meat replacer” or “Meat substitute” or “Meat alternative” or “Plant-based protein” or “Plant protein” or any similar wording. (g) In the case of any other meat analogue not indicated in regulation 4(1)(c), the words or expressions referred to in sub-regulation 7(1)(f) may be indicated on the container: Provided that the — (i) expression shall be indicated on the main panel of the meat analogue without referring to the animal species; and (ii) meat analogue shall comply with the prescribed compositional requirement as set out under regulation 4(1)(c).
Additions to the product name
8. (1) When a flavouring, subject to regulation 7(1)(c), has been added to meat analogue in order to render a distinctive specific flavour thereto, the product name concerned shall be either be preceded by the expression “X Flavoured” or followed by the expression “with X Flavour” or “with X Flavouring”, where “X” indicates the name(s) of the flavouring(s) used, unless the flavouring concerned has been added with the intention to enhance the flavour of a specific ingredient or other added foodstuff concerned. (2) When a foodstuff has been added to a meat analogue in order to render a distinctive taste thereof, the product name shall be followed by the expression “with X” or wording with a similar meaning, where “X” indicates the generic name(s) of the foodstuff(s) added: Provided that the requirements on Quantitative Ingredient Declarations (QUID), as specified in the regulations under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), shall be complied with. (3) The words used to describe the texture or appearance e.g., “chunky”, “smooth”, “powder”, “chargrilled”, “seared”, etc. may be indicated as part of the product name and/or be indicated on its own: Provided that such description is not misleading. (4) If a meat analogue has been subjected to a smoking process and/or the application of a primary smoke condensate product (i.e. a product by controlled pyrolysis of hardwood), the expression “smoked” or “ X smoked” (where “X” indicates the word ‘wood’ only or the name of a specific type of wood used for smoking) shall either form part of the product name or be indicated in close proximity to the product name on the main panel of the container. (5) Words communicating the intended use or purpose of a meat analogue may be indicated as part of the product name, or on its own on the container (or both), e.g., “braai plant-based patty” or “breakfast vegan sausage” etc.
Indicating the name and address
9. The name and address of the manufacturer, packer, importer, seller or entity on whose behalf the meat analogues have been packed shall be indicated on every container: Provided that in the case where imported meat analogues indicate the address of the foreign manufacturer or packer only, a South African address for the importer, seller or entity on whose behalf the meat analogues have been packed shall in addition be indicated on each container.
Indicating the country of origin
10. (1) The country of origin shall be declared as follows on every container:
(a) “Product of (name of country)” if all the main ingredients, processing and labour used to make the product are from one specific country; or (b) “Produced in (name of country)”, “Processed in (name of country)”, “Manufactured in (name of country)”, “Made in (name of country)”, or wording having a similar meaning, when the product is processed in a second country which changes its nature; or (2) The words “Packed in (name of country)” may be used in addition to the requirements referred to in sub-regulation (1) above. (3) The name(s) of the country(ies) indicated in terms of sub-regulations (1) and (2) above may not be abbreviated.
Traceability and batch identification
11. (1) Each container containing meat analogues shall be clearly marked with a batch code in such a way that the specific batch is easily identifiable and traceable.
(2) Date marking indications such as “best before”, “use by” and “sell by” or any other suitable indications may serve as the batch code referred to in sub-regulation (1): Provided that the date marking shall not be removed or altered by any person.
Restricted particulars on containers and outer containers
12. (1) (a) No product name other than a name permitted for a meat analogue contained in a container, shall be marked on such a container or outer container: Provided that product names of meat analogues from the same manufacturer indicated for the sole purpose of promotion and/or comparative claims shall be allowed on the side panel or back panel of a container and shall be accompanied by wording such as but not limited to for example “also try these products in our range”, etc. (b) No word or expression which so nearly resembles the product name for meat analogues that it could be misleading with regard to the composition of the product presented for sale, shall be marked on the container or outer container of such product. (c) Meat analogues shall not reference the name or description that is prescribed for meat and meat products unless permitted in terms of these regulations.
(d) Meat analogues shall not include any reference to the name or description of a geographical indication (GI) or designation of origin of a meat analogue, animal and meat product which — (i) enjoys protection under the EU SADC EPA; or (ii) any other GI or designation of origin other than those enjoying protection under the EU SADC EPA which originate from a World Trade Organisation (WTO); or (iii) any locally manufactured product enjoying protection as registered GI or designation of origin in the Republic of South Africa.
(2) No word, mark, illustration, depiction or other method of expression that constitutes a misrepresentation or directly or by implication creates or may create a misleading impression regarding the quality, nature, category, origin or composition of meat analogues shall be marked on a container or outer container of such product.
(3) No registered trade mark or brand name which may possibly, directly or by implication, be misleading or create a false impression of the contents of a container or outer container containing meat analogues shall appear on such a container or outer container.
(4) Subject to the provisions of sub-regulation (2) above, nutrient content claims and the “strict vegetarian” or “vegan” claims may be indicated on the main panel of the container of meat analogues: Provided that the use of the claims shall comply with the requirements as prescribed in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(5) No claim regarding the absence of any substance that does not normally occur in meat analogues shall be marked on a container or outer container of such product, except in the cases where the negative claim is allowed for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972): Provided that the claim “meat free” may be indicated on its own on the container and outer container of meat analogues, and further provided that the claim is not indicated –
(a) as part of the product name or in close proximity to the product name; and (b) in letter size bigger than the letter size of the product name.
(6) No comparison with or reference to the respective merit or demerits of meat, poultry meat, processed meat and raw processed meat products against meat analogues shall be marked on a container of meat analogues.
(7) No claim which compares the total fat, saturated fat, cholesterol, sugar, sodium or salt, or energy value of two or more similar meat analogues by using words such as “reduced”, “less than”, “fewer”, “light” and “lite”, or words having a similar meaning, shall be made on the container or outer container thereof, unless the following conditions are complied with:
(a) The meat analogues shall be compared with a different version of the same or similar product.
(b) The meat analogues being compared shall be clearly marked on the container with the following information: (i) A statement of the amount of difference in the energy value or relevant nutrient content, expressed as a percentage. (ii) The identity of the meat analogues to which it is being compared in close proximity to or as part of the comparative claim.
(c) The comparison shall be based on a relative difference of at least 25% in the energy value or nutrient content of an equivalent mass or volume. (d) The meat analogues shall be marked with the prescribed nutritional information declaration required in terms of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(8) Any depictions, illustrations, words or wording which emphasise the presence of an added foodstuff, herb and/or spice in meat analogues shall only be allowed on a container or outer container if the requirements of Quantitative Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act,1972 (Act No. 54 of 1972), have been complied with.
(9) The provisions of this regulation shall also apply to particulars that are marked on —
(a) an outer container in which one or more separate containers of meat analogues is packed; (b) a notice board displayed at or in the immediate vicinity of meat analogues that is kept or displayed for sale; and (c) all advertisements for meat analogues.
PART V SAMPLING AND ANALYSIS
Sampling
13. For the purpose of an inspection and sampling for quality control, an inspector shall take such samples of a product, material, substance or other article in question as he or she may deem necessary.
Analysis
14. (1) Samples shall be analysed using the latest versions of the methods that can authenticate the composition of meat analogue and shall be analysed in a laboratory which is competent to test or analyse for the following:
(a) Protein content referred to in regulation 4(1)(c) using Titrimetry, Kjeldahl method AOAC 955.04D (using factor 6.25) or any other internationally recognised method. (b) Test for animal components in the meat analogue using a PCR-based method for the detection of animal DNA or ELISA-based methods for the detection of proteins of animal origin or any other internationally recognised method: Provided that these tests will be conducted in exceptional circumstances where inspector suspect or has reasonable ground that there is an inclusion of animal ingredients in meat analogues or as agreed between the inspector and the manufacturer of the meat analogue.
(2) The following fee shall be payable by the manufacturer, packer, importer, seller or person or entity on whose behalf the product has been packed, whose details are declared as per regulation 9:
(a) The laboratory analysis fee when samples are analysed to confirm compliance. (b) The courier (transport) fee when samples are dispatched to a laboratory.
(3) When the results of the analysis performed deviate from the prescribed compositional requirements for the product concerned, the whole batch from which the relevant samples were obtained shall be regarded as non-compliant.
PART VI OFFENCES AND PENALTIES
Offences and penalties
15. Any person who contravenes or fails to comply with the provisions of these regulations shall be guilty of an offence and upon conviction be liable to a fine or imprisonment in accordance with section 11 of the Act.
PART VII COMMENCEMENT
16. These regulations shall come into operation 12 months from the date of publication.
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LINK TO FULL NOTICE
Agricultural Product Standards Act: Regulations: Relating to meat analogues intended for sale in Republic of South AfricaG 53020 RG 11854 GoN 6436 18 July 2025
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ACTION
1. Meat Analogue Manufacturers (Local & Importers)
Who they are: Companies producing plant-based, fungi-based, or other non-animal meat substitute products.
Compliance Actions:
2. Packers and Distributors
Who they are: Entities packing or repacking meat analogue products for sale.
Compliance Actions:
3. Importers and Foreign Suppliers
Who they are: Businesses bringing meat analogue products into South Africa.
Compliance Actions:
4. Retailers and Sellers (Supermarkets, Online Vendors, etc.)
Who they are: Businesses selling meat analogue products to the public.
Compliance Actions:
5. Advertisers and Marketers
Who they are: Agencies and departments promoting meat analogue products.
Compliance Actions:
6. Laboratories and Compliance Inspectors
Who they are: Accredited testing labs and officials appointed by the Department or an assignee.
Compliance Actions:
7. Regulatory Bodies / Executive Officer / Assignees
Who they are: Entities tasked with oversight and enforcement.
Compliance Actions:
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CONSTRUCTION |
| LAW AND TYPE OF NOTICE
Planning Profession Act:
Call for nominations of persons to serve as Members of the South African Council for Planners: Nominations invited
G 53035 GoN 3382
– Comment by 19 Sep 2025
21 July 2025
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FULL TEXT |
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DETAILS |
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LINK TO FULL NOTICE
Planning Profession Act: Call for nominations of persons to serve as Members of the South African Council for Planners: Nominations invitedG 53035 GoN 3382 – Comment by 19 Sep 2025 21 July 2025
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ACTION
Ensure you submit your comments before 19 September 2025
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LAW AND TYPE OF NOTICE
Project and Construction Management Professions Act: Amendment
G 53025 BN 810
18 July 2025
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APPLIES TO:
1. Project and Construction Management Firms
Who they are: Private or public companies offering services in project management, construction management, and related disciplines.
2. Professional Service Providers in the Built Environment
Examples include:
3. Government Departments and State-Owned Enterprises (SOEs)
Who they are: Entities commissioning or overseeing construction projects (e.g., DPWI, SANRAL, Eskom, Transnet, municipalities).
4. Property Developers and Construction Clients Who they are: Companies and agencies commissioning building or infrastructure projects.
5. Academic Institutions and Training Providers
Who they are: Universities, colleges, and CPD (Continuing Professional Development) providers.
6. Recruitment and Labour Brokers
Who they are: Agencies placing professionals in built environment roles.
7. Professional Bodies and Voluntary Associations
Who they are: Organizations like SAICE, ASAQS, CIOB, or SAFCEC.
8. Independent Project Managers / Construction Managers / Consultants
Who they are: Self-employed professionals working on construction and infrastructure projects.
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FULL TEXT |
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DETAILS
BOARD NOTICE 810 OF 2025
AMENDMENT GAZETTE TO BOARD NOTICE 802 OF 2025
THE SOUTH AFRICAN COUNCIL FOR THE PROJECT AND CONSTRUCTION MANAGEMENT PROFESSIONS (SACPCMP)
The South African Council for the Project and Construction Management Professions (SACPCMP) is a statutory body established in terms of the Project and Construction Management Professions Act (Act No.48 of 2000).
In terms of Section 36(1) of the Act, the Council is empowered to make rules relating to Registration, as required or permitted by the Act, in order to protect the public interest and regulate the Project and Construction Management professions.
As published for public comment in Board Notice 545 of 2024 in Government Gazette No. 50070 dated 2nd of February 2024, the Council has now approved the amended Rules for Registration. These rules will come into effect on1st August 2025
The approved Rules for Registration can be downloaded at www.sacpcmp.org.za
By Notice on behalf of Council: Registrar: Mr MIB Matutle SACPCMP Rigel Office Park Block A Section Second Floor446 Rigel Avenue South Erasmusrand 0181 Tel: 011 318 3402
Set of approved Rules can be found here
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LINK TO FULL NOTICE
Project and Construction Management Professions Act: AmendmentG 53025 BN 810 18 July 2025
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ACTION
1. Project and Construction Management Firms
Impact:
2. Professional Service Providers in the Built Environment
Impact:
3. Government Departments and State-Owned Enterprises (SOEs)
Impact:
4. Property Developers and Construction Clients
Impact:
5. Academic Institutions and Training Providers
Impact:
6. Recruitment and Labour Brokers
Impact:
7. Professional Bodies and Voluntary Associations
Impact:
8. Independent Project Managers / Construction Managers / Consultants
Impact:
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CUSTOMS, EXCISE AND INTERNATIONAL TRADE |
| LAW AND TYPE OF NOTICE
Customs and Excise Act: Imposition of Provisional Payment (PP/175) (English/ Afrikaans)
G 53020 RG 11854
GoN 6438
18 July 2025
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APPLIES TO:
Organizations that deal with washing machines
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FULL TEXT |
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DETAILS
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LINK TO FULL NOTICE
Customs and Excise Act: Imposition of Provisional Payment (PP/175) (English/ Afrikaans)G 53020 RG 11854 GoN 6438 18 July 2025
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| LAW AND TYPE OF NOTICE
International Trade Administration Commission: Public hearing notice
G 53023 GeN 3375
17 July 2025
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APPLIES TO:
1. Steel Importers and Traders
Who they are: Companies that import corrosion-resistant steel coil into South Africa, typically for resale or further processing.
2. Domestic Manufacturers Using Imported Steel
Who they are: Manufacturers in sectors like construction, appliances, roofing, or automotive that rely on imported coated steel coils due to price, quality, or availability.
3. South African Steel Producers
Who they are: ArcelorMittal South Africa (AMSA), SAFAL Steel, and any other local producers of the subject products.
4. Construction and Infrastructure Companies
Who they are: Contractors and firms using galvanized or aluminium-zinc coated steel in structural and cladding components.
5. Retailers and Distributors of Steel Products
Who they are: Companies supplying finished or semi-finished steel products to builders, manufacturers, and the general market.
6. Exporters in Value-Added Sectors
Who they are: Companies manufacturing goods for export (e.g., steel furniture, automotive panels) using coated steel inputs.
7. Industry Associations and Trade Groups
Who they are: Associations such as SEIFSA, SAPOA, or the Steel and Engineering Industries Federation of Southern Africa.
8. Government & Regulatory Stakeholders
Who they are: ITAC, SARS (customs), DTI&C, and other trade and economic policy agencies.
9. Legal, Consulting, and Advisory Firms
Who they are: Trade law experts, economists, and compliance consultants.
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DETAILS
DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION
NOTICE 3375 OF 2025
INTERNATIONAL TRADE ADMINISTRATION COMMISSION
INVITATION TO PUBLIC INTEREST HEARING ON THE INVESTIGATION FOR REMEDIAL ACTION IN THE FORM OF A SAFEGUARD MEASURE AGAINST THE INCREASED IMPORTS OF FLAT-ROLLED PRODUCTS OF IRON OR NON-ALLOY STEEL, OF A WIDTH OF 600 MM OR MORE, CLAD, PLATED OR COATED, WITH ALUMINIUM-ZINC ALLOYS, OF A THICKNESS OF LESS THAN 0.45MM, CLASSIFIABLE UNDER TARIFF SUBHEADINGS 7210.61.20 AND 7210.61.30 AND FLAT-ROLLED PRODUCTS OF OTHER ALLOY STEEL, OF A WIDTH OF 600 MM OR MORE, OTHERWISE PLATED OR COATED WITH ZINC, OF A THICKNESS OF LESS THAN 0,45MM, CLASSIFIABLE UNDER TARIFF SUBHEADINGS 7225.92.25 AND 7225.92.35 (“CORROSION RESISTANT STEEL COIL”)
On 27 December 2024, the International Trade Administration Commission of South Africa (“the Commission”) initiated an investigation for remedial action in the form of a safeguard measure against the increased imports of corrosion resistant steel coil (“the subject product”). On the 17th of January the investigation was terminated and re-initiated on the same day through Notice No. 2931 of 2025 in Government Gazette No. 51903 dated 17 January 2025 (the “Initiation Notice”).
THE APPLICANT
The application was lodged by ArcelorMittal South Africa Limited (“the Applicant” or “AMSA”), being the major producer of the subject product in the Southern African Customs Union (“SACU”), supported by SAFAL Steel (Pty) Ltd (“SAFAL”), the other manufacturer of the subject product.
DESCRIPTION OF THE SUBJECT PRODUCT UNDER INVESTIGATION
The subject product is described as flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated, with aluminium-zinc alloys, of a thickness of less than 0.45mm, classifiable under tariff subheadings 7210.61.20 and 7210.61.30 and flatrolled products of other alloy steel, of a width of 600 mm or more, otherwise plated or coated with zinc, of a thickness of less than 0.45mm, classifiable under tariff subheadings 7225.92.25 and 7225.92.35.
DESCRIPTION OF THE LIKE OR DIRECTLY COMPETITIVE SACU PRODUCT
The subject product is described as flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated, with aluminium-zinc alloys, of a thickness of less than 0.45mm, classifiable in tariff subheadings 7210.61.20 and 7210.61.30 and flat-rolled products of other alloy steel, of a width of 600 mm or more, otherwise plated or coated with zinc, classifiable in tariff subheadings 7225.92.25 and 7225.92.35.
CRITICAL CIRCUMSTANCES AND PROVISIONAL MEASURES
The Commission made a preliminary determination that there is clear evidence that the increased imports have caused serious injury to the SACU industry. The Commission further made a preliminary determination that there are critical circumstances where a delay in the imposition of measures would cause damage that would be difficult to repair.
Therefore, the Commission decided to request the Commissioner for the South African Revenue Service (“SARS”), in terms of section 57A of the Customs and Excise Act, of 1964, to impose a provisional measure, in the form of a 52.34 percent ad valorem safeguard duty on imports of corrosion resistant steel coil for a period of 200 days. The provisional measure was imposed on 27 June 2025.
PROCEDURAL FRAMEWORK
This investigation is conducted in accordance with the International Trade Administration Act, 2002 (“ITA Act”) and the International Trade Administration Commission Safeguard Regulations (“SGR”), read with the World Trade Organization Agreement on Safeguards
(“the Safeguard Agreement”).
PROCEDURES AND TIME LIMIT
Interested parties are invited to submit comments on whether it will be in the public interest to impose definitive safeguard measures on the subject product, in accordance with Regulation 20.2 of the SGR.
A public hearing is scheduled for 20 August 2025 at 11h30 virtually on Ms Teams. All interested parties who wish to attend the public hearing and wish to make oral representations to the Commission on public interest, should indicate their intention to attend on or before 01 August 2025 at 15h00 to the Senior Manager: Trade Remedies
I. All interested parties who wish to address the Commission on public interest should submit a detailed version, including a non-confidential version, of the information to be discussed at the public hearing, in writing to the Senior Manager: Trade Remedies I on or before 13 August 2025 at 15h00. A party that did not timeously submit a non-confidential version of the information to be discussed at the public hearing will not be allowed to take part in the public hearing.
Parties requesting to attend public interest hearing should note that this will be an open hearing with all parties present and only non-confidential information should be presented during the hearing. As indicated, parties are at liberty to submit a confidential version of the information in writing to the Commission on or before 13 August 2025.
CONFIDENTIAL INFORMATION
Please note that if any information is considered to be confidential then a non-confidential version of the information must be submitted for the public file, simultaneously with the confidential version. In submitting a non-confidential version, the following rules are strictly applicable and parties must indicate:
• where confidential information has been omitted and the nature of such information; • reasons for such confidentiality; • a summary of the confidential information which permits a reasonable understanding of the substance of the confidential information; and • in exceptional cases, where information is not susceptible to summary, a sworn affidavit setting out the reasons why it is impossible to comply should be provided.
A sworn affidavit is defined as a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant’s signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains verification, meaning it is under oath or penalty of perjury and this serves as evidence to its veracity and is required for court proceedings.
This rule applies to all parties and to all correspondence with, and submissions to, the Commission, which unless indicated to be confidential and filed together with a nonconfidential version, will be placed on the public file and be made available to other interested parties.
If a party considers that any document of another party, on which that party is submitting representations, does not comply with the above rules and that such deficiency affects that party’s ability to make meaningful representations, the details of the deficiency and the reasons why that party’s rights are so affected must be submitted to the Commission in writing forthwith (and at the latest 14 days prior to the date on which that party’s submission is due). Failure to do so timeously will seriously hamper the proper administration of the investigation, and such party will not be able to subsequently claim an inability to make meaningful representations 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.
Regulation 2.3 of the SGR 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
Any information regarding this matter must be submitted in writing to the following address: Should you have any queries, please do not hesitate to contact Mr. Busman Makakola at BMakakola@itac.org.za and Ms. Mosa Sebe at email address MSebe@itac.org.za.
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LINK TO FULL NOTICE
International Trade Administration Commission: Public hearing noticeG 53023 GeN 3375 17 July 2025
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ACTION
1. Steel Importers and Traders
Impact:
2. Domestic Manufacturers Using Imported Steel
Impact:
3. South African Steel Producers
Impact:
4. Construction and Infrastructure Companies
Impact:
5. Retailers and Distributors of Steel Products
Impact:
6. Exporters in Value-Added Sectors
Impact:
7. Industry Associations and Trade Groups
Impact:
8. Government & Regulatory Stakeholders
Impact:
9. Legal, Consulting, and Advisory Firms
Impact:
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HEALTH AND SAFETY
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LAW AND TYPE OF NOTICE
Mine Health and Safety Act:
Guidance note for the prevention and management of non-communicable diseases and mental health disorders in the South Africa Mining Industry
G 53025 GoN 6443
18 July 2025
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APPLIES TO:
1. Mining Companies
2. Occupational Health Service Providers
3. Labour Unions and Employee Representatives
4. Contractors and Subcontractors
5. Government Departments
6. Community Health Organizations
7. Auditors and Compliance Bodies
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SUMMED UP
Purpose and Scope
Key Components
1. Risk Assessment
2. Programme Development
3. Monitoring and Evaluation
Annexures
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DETAILS
GUIDELINE FOR THE COMPILATION OF A MANDATORY CODE OF PRACTICE INSERT TITLE
MINE HEALTH AND SAFETY ACT, 1996 (ACT NO. 29 OF 1996)
GUIDANCE NOTE FOR THE PREVENTION AND MANAGEMENT OF NONCOMMUNICABLE DISEASES AND MENTAL HEALTH DISORDERS IN THE SOUTH AFRICAN MINING INDUSTRY
I DAVID MSIZA, the Chief Inspector of Mines, in terms of section 49 (6) read together with Sections 9 (2) and 9 (3) of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996) as amended, hereby issue the Guidance Note for the Prevention and Management of Noncommunicable Diseases and Mental Health Disorders in the South African Mining Industry, as set out in the schedule below.
DAVID MSIZA CHIEF INSPECTOR OF MINES
DEPARTMENT OF MINERAL AND PETROLEUM RESOURCES
SCHEDULE
REFERENCE NUMBER: DMPR 16/3/2/3-B9 DATE FIRST ISSUED: First edition LAST REVISION DATE: First edition EFFECTIVE DATE: 2025-11-01
TABLE OF CONTENTS PART A: THE GUIDANCE NOTE
1. Foreword 2. Scope of the guidance note 3. Status of the guidance note 4. Objective of the guidance note 5. Definitions and acronyms 6. Members of the task team
7. Background 8. Risk management
PART B: ASPECT TO BE ADDRESSED IN THE GUIDANCE NOTE 1. Risk assessment and review 2. NCDS and mental health disorders programme 3. Monitoring and evaluation of the NCDs and mental health disorders programme
PART C: IMPLEMENTATION 1. Implementation plan 2. Compliance with the guidance note 3. Access to the guidance note and related documents
ANNEXURE A: Examples of NCDS and mental health disorders risk factors ANNEXURE B: Guide for the employer – Risk assessment questionnaire ANNEXURE C: Guide for employee self-assessment– Risk assessment tool ANNEXURE D: Employer NCDS and mental health disorders programme monitoring and evaluation tool ANNEXURE E: WHO and ILO’s mental health policy brief ANNEXURE F: References
PART A: THE GUIDANCE NOTE
1. Foreword
1.1 NCDs, also known as chronic diseases, are diseases that are neither spread through infection nor other people. It tends to be of long duration and are the result of a combination of genetic, physiological, environmental behavioural and lifestyle factors. NCDs may be modified through lifestyle interventions or behaviours. 1.2 Globally, NCDs are responsible for the majority of deaths (most of which are premature deaths of people under the age of 70) and disability, according to the WHO. Low and middle-income countries are disproportionately affected the most, accounting to 77% of all NCD deaths. 1.3 There are four groups of NCDs that are the leading cause of morbidity and mortality globally and these are: cardiovascular diseases (17.9 million deaths annually), followed by cancers (9.3 million), chronic respiratory diseases (4.1 million) and diabetes (2.0 million including kidney disease deaths caused by diabetes). 1.4 Globally, 15% of working-age adults were estimated to have a mental disorder in 2019. Furthermore 12 billion working days are estimated to be lost every year to depression and anxiety at a cost of US$ 1 trillion per year in lost productivity. 1.5 In South Africa, NCDs and mental health disorders are not only the leading causes of mortalities, but also morbidity and disability. The following NCD groups are prevalent in South Africa: cardiovascular diseases, endocrine and metabolic disorders, cancers and chronic respiratory diseases. 1.6 The South African mining industry started collecting data on NCDs in 2019 through the DMPR’s Annual Medical Reporting form. Findings from the data show that the main NCD groups in the South African mining industry are categorised as follows:
· autoimmune disease, cancer, cardiovascular disease, cerebrovascular disease, · chronic respiratory disease, endocrine and metabolic system disorders, · genitourinary disorders, infectious diseases, mental and behavioural disorders, · metabolic syndrome, musculoskeletal conditions, nervous system and sense · organs disease. The national picture of NCDs shows the metabolic syndrome as · the most prevalent NCDs in the industry. These are followed by endocrine and · metabolic system disorders. The industry also noted a rise in mental and behavioural disorders in 2020 (during COVID-19).
1.7 NCDs may affect employees’ overall state of health and safety, and fitness to perform work.
2. Scope of the guidance note
2.1 The practice standards set out in this guidance note should apply to: 2.1.1 The South African mining industry and mining communities. 2.1.2 All mine workers, irrespective of employment categories, as well as contract workers. 2.2 This guidance note has been developed to provide information for the employer to use in developing and implementing a programme to assist employees in the prevention and management of NCDs and mental health disorders. The employer is therefore expected to review the mine’s health and safety policy to include the prevention and management of NCD and mental health disorder programme. 2.3 Developing and implementing a programme for NCDs and mental health disorders requires a multi-stakeholder collaborative approach including employer, employee, employee representative and associated parties in the public sector (such as the NDoH). For this reason, this guidance note only sets out minimum requirements and good practices for the development and implementation of the programme for the prevention and management of NCDs and mental health disorders. 2.4 This guidance note does not replace any official public health guiding principles, practice and services offered for NCDs and mental health disorders such as those from the WHO, the NDoH, the ILO, the UN etc. and therefore shall be read in conjunction with other related official documents. These include but are not limited to: 2.4.1 The UN’s Sustainable Development Goals. 2.4.2 The WHO’s Global Action Plan to 2030 on advancing the global agenda on prevention and control of non-communicable diseases. 2.4.3 The NDoH’s National Strategic Plan for the prevention and management of NCDs (2022-2027). 2.4.4 The National Mental Health Policy Framework and Strategic Plan 2023-2030. 2.4.5 The Guideline for the Compilation of a Mandatory Code of Practice on Minimum Standards of Fitness to Perform Work at a Mine (DMR 16/3/2/3-A3). 2.4.6 The Guideline for the Compilation of a Mandatory Code of Practice for the Management of Medical Incapacity due to Ill-health and Injury (DMR 16/3/2/4 – B8). 2.4.7 ISO 45003: Occupational health and safety management – Psychological health and safety at work – guidelines for managing psychosocial risks. 2.4.8 ISO 45001: Occupational health and safety management systems – requirements with guidance for use. 2.4.9 SANS 16001: Wellness, health and disease management systems. 2.5 The employer is expected to keep abreast of relevant developments on the prevention and management of NCDs and mental health disorders and update the programme accordingly.
3. Status of the guidance note
3.1 The guidance note has been compiled specifically with the view to provide guidance to all stakeholders regarding their roles and responsibilities with regard to the programme aimed at preventing and managing NCDs and mental health disorders in the South African mining industry. 3.2 This guidance note sets out good practice for the prevention and management of NCDs and mental health disorders in the South African mining industry. 3.3 The preparation and implementation of this type of programme is encouraged as it promotes a pro-active approach to improve the health of employees. NCDs can affect all individuals and therefore it is expected that thorough risk assessments be conducted to identify hazards and the associated risks as well to identify risk populations. 3.4 Based on the outcomes of the risk assessment, a programme should be developed to outline measures that will be put in place to prevent and manage NCDs and mental health disorders among employees in the South African mining industry. 3.5 It is crucial that continuous monitoring of the programme is undertaken by the employer.
4. Objective of the guidance note
4.1 The objective of this guidance note is to provide information for the employer to use in developing and implementing a programme to assist employees in the prevention and management of NCDs and mental health disorders.
5. Definitions and acronyms
5.1 For the purpose of this guidance note, unless the context otherwise indicates, the definitions and acronyms are as follows: 5.1.1 CIOM means Chief Inspector of Mines. 5.1.2 Disability means a recurring physical or mental impairment which substantially limits the capacity of the individual to meet either occupational demands or statutory or regulatory requirements. 5.1.3 DMPR means the Department of Mineral and Petroleum Resources. 5.1.4 Health promotion means the process of enabling people to increase management over, and to improve their health to reach a state of physical, mental and social well-being. 5.1.5 ILO means International Labour Organization. 5.1.6 Management means the systematic process of addressing NCDs and mental health disorders among employees through the implementation of strategies and practices including: 5.1.6.1 Improving workplace policies. 5.1.6.2 Identifying and assessing NCDs and mental health disorders through screening, risk assessments and diagnosis. 5.1.6.3 Treatment, care and referral including psychological care, rehabilitation and palliative care. 5.1.7 Medical incapacity means the inability to retain a normal occupation due to temporary or permanent impairment on the grounds of ill-health or injury that prevents the performance of the customary duties of an employee. 5.1.8 Medical surveillance means a planned programme of periodical examinations which may include clinical examinations, biological monitoring or the medical testing of employees by an occupational health practitioner or an occupational medical practitioner contemplated in Section 13 of the MHSA. 5.1.9 Mental health means a state of mental well-being that enables people to cope with the stresses of life, to realize their abilities, to learn and work well, and to contribute to their communities. 5.1.10 Mental health disorders means a positive diagnosis of a mental health related illness in terms of diagnostic criteria made by a mental health care practitioner authorised to make such diagnosis. It is characterised by a clinically significant deviation in an individual’s cognition, emotional regulation or behaviour. It is usually associated with distress or impairment in important areas of functioning. 5.1.11 MHSA means the Mine Health and Safety Act, 1996 (Act No 29 of 1996) as amended. 5.1.12 Modifiable risk factors means risk factors that can be reduced or managed by intervention thereby reducing the probability of disease. 5.1.13 Natural deaths means deaths that are due entirely as a result of natural causes and are not precipitated by any other event. 5.1.14 NCD(s) means non-communicable diseases. 5.1.15 NCDs+ means non-communicable diseases plus. 5.1.16 NDoH means the National Department of Health. 5.1.17 NSP means the national strategic plan. 5.1.18 PHC means primary healthcare. 5.1.19 Prevention means the action taken to prevent disease and secondly, should disease occur, efforts to eliminate or minimise its impact (such as disability or death). Levels of disease prevention (i.e. primordial, primary, secondary and tertiary) are defined below: 5.1.19.1 Primordial prevention means population-level measures to prevent the development of modifiable risk factors and includes policy, programmes, education and environmental changes to support healthy ways of living. 5.1.19.2 Primary prevention means actions taken to protect the health of individuals by modifying risk factors for diseases through personal and communal efforts. 5.1.19.3 Secondary prevention means health intervention for early detection (screening and diagnosis) and prompt intervention to manage diseases, reduce mortality and minimise disability and the burden of the disease (morbidity). 5.1.19.4 Tertiary prevention means softening the impact of chronic disease and disability by minimising suffering and maximising years of useful life. It includes rehabilitation and palliative care. 5.1.20 Rehabilitation means a structured programme developed to ensure the optimal recovery and deployment of employees who suffer impairment from a disability. 5.1.21 Risk factor means the characteristic that increases a person’s chance of getting a disease. 5.1.22 Treatment means the management and care of a person to manage or cure a disease, an injury or a disorder and includes both medical and surgical intervention. 5.1.23 UN means the United Nations 5.1.24 WHO means the World Health Organization
6. Members of the task team
6.1 This document was prepared and drafted by members of the task team which comprised of:
7. Background
7.1 The South African mining industry has been reporting on NCDs and mental health disorders since 2019. The DMPR has been analysing data and continually monitor and formulate trends. There has been a significant increase in the number of NCDs in the South African mining industry since then and it has become imperative that a guidance note be developed to guide the employer on the prevention and management of NCDs and mental health disorders. 7.2 The primary aim is to prevent the development of NCDs and mental health disorders as far as possible, to protect and promote the health of employees. However, since these disorders are as a result of multiple factors, some of which are not modifiable, other levels of prevention should be prioritised to reduce its negative impact on the health of employees. Support should also be provided to those employees living with NCDs and mental health disorders. 7.3 This guidance note supports the UN’s SDG Target 3.4 of 2018 on NCDs and mental health, which states that: By 2030, reduce by one third premature mortality from NCDs through prevention and treatment and promote mental health and wellbeing. 7.4 The guidance note further supports the implementation of the 2024 Milestones on NCDs and mental health as follows:
8. Risk management
8.1 In view of multiple factors that may result in the development of NCDs and mental health disorders, it is advisable that the employer conducts a workplace risk assessment to identify risk factors and identify high risk employees or those vulnerable to the risk factors.
8.2 The employer is also expected to empower employees with NCDs and mental health literacy, to be able to identify and manage personal risk factors that may predispose it to developing NCDs and mental health disorders. 8.3 The employer to put systems in place to enhance and promote a workplace culture of safe declaration if an employee has identified a possible risk factor(s), if they have been diagnosed with metabolic risk factors of NCDs, an NCD or mental health disorder. This is to assist in providing mechanisms for dealing with NCDs and mental health disorders or its associated risk factors. 8.4 The employer to identify employees diagnosed with NCDs or mental health disorders, whose health and safety is at risk by virtue of their nature of work. 8.5 To assist the employer with the risk assessment, all reasonable available information such as employees’ statistics on NCDs and mental health disorders, research reports, occupational hygiene exposure trends, records of absenteeism, sick leave, medical incapacity reports, information from the system of medical surveillance and statistics on natural deaths should be obtained and considered. 8.6 The risk assessment is to be reviewed annually and updated as and when the need arises. In the review, the following should be considered: 8.6.1 Changes in the prevalence and disease burden of NCDs and mental health disorder cases at the mine. 8.6.2 Changes in work such as the introduction of hybrid working arrangements which may affect the level of physical activity, diet, stress due to isolation, etc. 8.6.3 Mine disasters that could impact the mental health of employees. 8.6.4 Major changes in the industry that may affect employees such as retrenchments, mergers, acquisitions, health outbreaks, etc. 8.6.5 National and global targets or any other reason that may warrant a review.
PART B: ASPECT TO BE ADDRESSED IN THE GUIDANCE NOTE
1. Risk assessment and review
1.1 The NSP for the prevention and management of NCDs aligns itself to the global approach of targeting the five major groups of NCDs+ (cardiovascular diseases, cancer, chronic respiratory diseases, diabetes and mental health, including neurological conditions) which have the highest morbidity and mortality rates of the NCDs+. It also aligns with the five shared behavioural risk factors (tobacco use, unhealthy diet, physical inactivity, harmful use of alcohol and air pollution). However, because it is recognised that all NCD+ conditions are of utmost public health importance, an integrated people-centred system approach is used to ensure it receive policy attention and consideration. 1.2 This guidance note supports the same global approach in identifying, preventing and managing NCDs and mental health disorders. In addition to focusing on the five main groups of NCDs+ and the five shared behavioural risk factors, the heightened attention will be given to NCDs+ and the associated risk factors which are prevalent in the South African mining industry. Environmental factors in the South African mining industry should also be given attention during risk management. See Annexure A for some examples of NCD and mental health disorders risk factors. 1.3 In terms of Section of 11 of the MHSA, the employer must assess and respond to risk. This is to be conducted through a thorough risk assessment which should as a minimum include the following: 1.3.1 Quantifying the burden of NCDs and mental health disorders at a mine. 1.3.1.1 This can be done through accessing employees’ medical records at the mine in accordance with the ethics of medical practice. 1.3.2 Identifying vulnerable or high risk employees. 1.3.2.1 While NCDs are often associated with older age groups, evidence shows that 17 million NCD deaths occur before the age of 70 years. 1.3.2.2 Persons across all age groups are vulnerable to the risk factors contributing to NCDs, whether from unhealthy diets, physical inactivity, exposure to tobacco smoke, the harmful use of alcohol or air pollution. Poor working environments associated with a negative workplace culture, discrimination and inequality, excessive workloads, workplace violence, low job control and job insecurity have been found to pose a risk to mental health. 1.3.2.3 In essence, all employees in the South African mining industry are vulnerable to the risk factors contributing to NCDs and mental health disorders, however others may be at a higher risk and for the purpose of this guidance note, such employees are referred to as high-risk employees. These include employees who: 1.3.2.3.1 Have a genetic predisposition to NCDs and mental health disorders because of family history. 1.3.2.3.2 Employees who are immunocompromised. 1.3.2.3.3 Employees with chronic occupational respiratory diseases. 1.3.2.3.4 Employees with multiple chronic diseases. 1.3.2.3.5 Employees who have been affected by mine accidents (The Mine Health and Safety Council research project SIM 050803 identified that the main determinant of post-traumatic stress disorder in the mines was a work related factor which was the advent of a traumatic mines accident – most of these employees were underground workers). 1.3.2.3.6 Employees who are dependent on alcohol and other harmful substances as coping mechanisms (the Mine Health and Safety Council research project SIM 020103 discovered that some employees rely on alcohol and cannabis for reasons such as: coping with mental stress linked to production target pressure, isolation from families and partners while staying in single sex hostels for prolonged periods and nightshift employees keeping entertained during the day when they struggle to sleep). 1.3.2.4 High risk employees can be identified through: 1.3.2.4.1 A medical screening questionnaire which are self-administered or administered by a health practitioner during wellness days. 1.3.2.4.2 A mental health screening tool which is self-administered or administered by a health practitioner during wellness days (see Annexure C for the NCDs and mental health screening tool). 1.3.2.4.3 Medical surveillance. 1.3.2.4.4 Self-reporting or voluntary disclosure. 1.3.2.5 The risk assessment must have clearly defined roles and responsibilities with competent people undertaking the process. 1.3.3 Identifying risk factors associated with NCDs and mental health disorders. 1.3.3.1 In identifying risk factors associated with NCDs and mental health disorders, the following approach can be used: 1.3.3.1.1 Health screening questionnaires. 1.3.3.1.2 Medical surveillance. 1.3.3.1.3 Mental health screening tools. 1.3.3.1.4 Mine environmental control practices. 1.3.3.2 Where screening and testing is conducted, it must be done by competent persons. 1.3.3.3 Once all the relevant data has been collected and analysed, based on the outcome, the mine may develop and implement a programme for the prevention and management of NCDs and mental health disorders. 1.3.3.4 Below are the core NCD risk factors that should be considered as a minimum when undertaking risk assessment. In addition, environmental factors such as exposure to airborne pollutants should be considered: 1.3.3.4.1 Modifiable risk factors a) Substance and drug abuse. b) Physical inactivity. c) Unhealthy diet e.g. low fruit and vegetable consumption, diet high in salt, etc. This includes assessing the nature of food sold to employees at the mines’ canteens, drinks sold at vending machines, food served at mine compounds or residence and food prepared for mine events. d) Negative appraisals of life events. e) Psychosocial factors or issues (e.g. occupational stress, social interaction, cultural diversity, sleep quality, etc.) 1.3.3.4.2 Metabolic risk factors a) Metabolic risk factors contribute to four key metabolic changes that increase the risk of NCDs: i. Raised blood pressure. ii. Overweight and obesity. iii. Hyperglycaemia (high blood glucose levels). iv. Hyperlipidaemia (high levels of fat in the blood). 1.3.3.4.3 Environmental risk factors a) These include excessive exposure to airborne pollutants and ionizing radiation in the workplace. Environmental factors which may lead to mine accidents should also be considered. In assessing environmental risk factors, the following should be considered: i. Nature of the work and the key workplace operations and activities that pose potential risks of NCDs and mental health disorders. ii. Occupations and number of employees exposed to environmental risk factors. iii. Essential occupations or critical skills of the mine that might be impacted by NCDs and mental health disorders. iv. Control measures in place i.e. engineering, administrative, personal protective equipment, etc. 1.3.4 Early identification and management of risk factors associated with NCDs and mental health disorders as part of primordial prevention. 1.3.4.1 Wellness campaigns. 1.3.4.2 Health questionnaires. 1.3.4.3 Self-reporting or voluntary disclosure. 1.3.4.4 Medical surveillance. 1.3.4.5 Fitness assessment. 1.3.5 Detection of NCDs and mental health disorders to promote other levels of prevention and management. 1.3.5.1 Referral and/or linkage of employees to relevant health care service providers for further management. This may include but is not limited to: 1.3.5.1.1 Psychiatric institutions. 1.3.5.1.2 Specialists. 1.3.5.1.3 Alternative medicine. 1.3.5.1.4 Provision of employee assistance programmes through an in-house or outsourced service model. 2. NCDS and mental health disorders programme 2.1 Establishment of a committee to run the programme 2.1.1 Based on the outcomes of the risk assessment, the employer shall establish a committee for the development, implementation and monitoring of the programme for the prevention and management of NCD and mental health disorder programme, after consultation with the employees in terms of the MHSA. The roles and responsibilities of the committee members shall be clearly outlined and documented (including those of outsourced professionals). 2.1.2 The committee shall as a minimum be comprised of the following persons: 2.1.2.1 Persons responsible for providing health services in mines. 2.1.2.2 The Occupational Medical Practitioner appointed in terms of Section 13 (3) (a) (i) of the MHSA. 2.1.2.3 Occupational health nurses. 2.1.2.4 Health and wellness coaches. 2.1.2.5 Nutritionists. 2.1.2.6 The Health and Safety Committee or a representative. 2.2 Prevention strategies 2.2.1 The most common causes of NCDs are metabolic and behavioural risk factors and can be preventable by several available means. Many mental health disorders are also preventable. 2.2.1.1 Primordial prevention 2.2.1.1.1 Education and awareness: The employer to empower the employees with education relating to healthy living and positive social behaviour using relevant platforms for engagement with relevant stakeholder groups. This can take place during induction, various health and safety meetings, health campaigns and using peer educators. The following should be considered: a) Education and awareness should include issues of discrimination in relation to race, gender, tribalism, organisational culture or inclusivity or multilingualism, culture and xenophobia. b) It is vital to raise awareness of mental health and identify employees who may be at risk for mental health-related problems. c) Improve awareness of available wellness services and reducing stigma should be addressed through health awareness campaigns. This will assist to normalise seeking help and motivate individuals to act when they need support. d) Developing and implementing a specific education programme for the mental health of employees is very vital. 2.2.1.1.2 Programme and policy: Through the implementation of this programme for the prevention and management of NCDs and mental health disorders as well as alignment or synergies with other related mine policies including alcohol and substance abuse, employee wellness, workplace violence, sexual harassment, etc. 2.2.1.1.3 Environmental control: Control measures to prevent and manage environmental or occupational hygiene hazards e.g. airborne pollutants, radiation and hazards related to ergonomics. 2.2.1.1.4 Preventing and managing modifiable risk factors: Early identification and management of risk factors associated with NCDs and mental health disorders as part of primordial prevention. 2.2.1.2 Primary prevention 2.2.1.2.1 Nutrition: As mine employees spend a large proportion of their time at work, access to healthy food options and education about nutrition in the workplace can have a large impact on their diets and overall health. Implementing healthy nutrition policies in the workplaces (support the provision of healthy food options at canteens and mine hostels or residences, kitchens and hospitals) is crucial. This includes, but is not limited to lower sodium, lower sugar, lower carbonated, lower caffeine and lower saturated fatty foods and drinks options. Hydration and the consumption of fruits and vegetables is encouraged. 2.2.1.2.2 In developing and implementing the nutrition policy, nutritionist should be consulted. Employees should also be motivated about home or backyard or community gardening for access to organic food production. 2.2.1.2.3 Physical activity and social interactions: Depending on the tasks at a specific workplace, workers may be either sedentary for extended periods of time or physically active, while others work in solitude which may have an impact on the mental health of employees. Mines should implement a multi-component workplace activity programme aimed at promoting the holistic wellbeing of employees e.g. physical, mental and emotional wellbeing. These may include: a) Gymnasiums at the mines or multi-purpose sport facilities. This would enable the possibility of mine employees practising different sporting disciplines within the same space. b) Initiating and supporting employee participation in different sporting codes that will keep employees active. c) Mind or board games (e.g. morabaraba, chess, crossword, etc.). d) Encouraging the use of staircases and walking (where applicable). e) Activities for physically challenged employees. f) Various social interactions or events. 2.2.1.2.4 Environment: Promotion of environmental risk reduction and enhance public awareness of environmental, biological and occupational hazards (the use of a policy to control smoking areas and the monitoring of air quality). 2.2.1.2.5 Psychosocial support: Various factors can affect the mental health of employees at the mine. These include when workers experience an imbalance between perceived responsibilities and their abilities and resources, underutilisation of talent, bullying, harassment, repetitive tasks, economic stress, precarious work and other factors and situations. In addition, mental health conditions can affect workers’ productivity and their ability to complete tasks safely. Mental health screening, the provision of wellness services and linkage to care are important. Mines should provide education and support for workers in mental health. Other interventions may include the promotion of a positive work culture, the modification of workstations, managing environmental factors, training, career progression and support groups (refer to Annexure E: WHO and ILO’s mental health policy brief provides in-depth strategies to address mental health at work). 2.2.1.2.6 Addressing violence and harassment: Violence and harassment in the workplace can be horizontal (between co-workers), vertical (between supervisor and worker) or external (between worker and the public, customers or vendors). Violence and harassment can affect the mental and physical health of workers as well as their productivity and safety on the job. Workplaces should have training, clear policies and procedures in place to protect workers. 2.2.1.2.7 Alcohol and drug abuse: Alcohol and drug use, occurring both during working hours or outside of the workplace, can affect workers’ ability to safely complete tasks and can increase risks of diseases and injuries. Workplaces can provide cessation support and education about these substances as part of their health promotion strategies. Regulations concerning the consumption of alcohol and drugs in the workplace can also protect workers’ health and safety. 2.2.1.2.8 Harmful substance management: Harmful substances such as tobacco in the workplace can affect workers through primary exposure as well as second-hand smoke from other workers. Smoking breaks can also result in reduced productivity from workers. Smoking in the workplace also has the potential to cause fires or explosions, further posing a risk to safety and health. Providing workers with education, cessation support and regulations concerning smoking on workplace premises can protect workers from the harmful effects of smoking. 2.2.1.2.9 Promotion of healthy sleep: Working schedules, long hours, stress and other factors can impact healthy sleep, increasing the risk of workplace injury and NCDs. Promoting healthy sleep patterns will not only assist in reducing risk to NCDs and mental health disorders but also fatigue management. 2.2.1.2.10 Wellness programme: Many of the prevention strategies above may be undertaken under a wellness programme which will be part of the NCDs and mental health disorders programme. A wellness committee comprising of all relevant stakeholders including the trade unions is to be established. The committee will be responsible for the following as a minimum: a) Wellness policy whether as a standalone or an integrated policy. b) Wellness budget. c) Annual health and wellness calendar aligned to the company statistics and trends and further aligned to the NDoH health calendar. d) Health and wellness promotion materials from other stakeholders such the DMPR, the Mine Health and Safety Council, the Mineral Council of South Africa, etc. e) Employee assistance programmes in place to address employees’ psychosocial issues. f) The programme should cover initiatives such as a smoking cessation programme, fitness and weight loss, diet, discouraging the use of alcohol and drugs, mental health promotion, etc. g) Adopt leading health and wellness practices and systems such as the SANS 1600, ISO 45003 etc. in order to have a structured approach to health and wellness in the workplace. h) Collaborative efforts with the communities in which they operate to implement community health initiatives to empower the communities. This works well if the employers collaborate with the NDoH. 2.2.1.3 Secondary prevention 2.2.1.3.1 Screening: Integrate NCDs screening within the medical surveillance programme to screen high risk employees to increase the rate of early detection and diagnosis. 2.2.1.3.2 Diagnosis: Employees whose screening results indicate the need for further investigations are to be referred to PHC. Those employees with a positive diagnosis for NCDs or mental health disorders metabolic risk factors are to be linked to care to ensure that the risk factors are controlled and do not lead to the development of an NCD or mental health disorder. Employee assistance programme support is also crucial during these stages. 2.2.1.3.3 Treatment: If the mine offers PHC services on site, employees should be put on treatment and be placed on a chronic disease register for monitoring. If there are no PHC services on site, the mine should link the employees with their preferred treatment providers (general practitioners or the NDoH facilities) for the provision of treatment. 2.2.1.3.4 Linkage to care is crucial for employees diagnosed with NCDs and mental health disorders. Regular check-ups (blood test, reports from own general practitioner and the NDoH clinics) and continuous support is also important. Through the medical surveillance programme, the Occupational Medical Practitioner may deem it fit to conduct a fitness to work assessment and if the employee is no longer fit to perform work optimally, the medical incapacity process should be initiated. 2.2.1.4 Tertiary prevention 2.2.1.5 In the tertiary level of care, measures should be put in place to ensure that employees living with NCDs and mental health disorders receive care to prevent and manage related complications. This also includes rehabilitation and palliative care. Figure 18: Example of NCD interventions across the life course and levels of prevention (NCDs NSP: 2022-2030)
3. Monitoring and evaluation of the NCDs and mental health disorders programme
3.1 The employers should ensure that the internal monitoring and evaluation of the employer’s NCDs and mental health disorders programme is conducted and recorded. 3.2 It is also recommended that an employer’s NCDs and mental health disorders programme be subjected to annual monitoring. Annexure D outlines the employer NCDs and mental health disorders programme monitoring and evaluation tool.
PART C: IMPLEMENTATION
1. Implementation plan
1.1. The employer must prepare an implementation plan for a guidance note that makes provision for issues such as organisational structures, responsibilities of functionaries and programmes and schedules for the guidance note, which will enable proper implementation of the guidance note (a summary of and a reference to, a comprehensive implementation plan may be included). 1.2. Information may be graphically represented to facilitate easy interpretation of the data and to highlight trends for the purposes of risk assessment.
2. Compliance with the guidance note
2.1. The employer must institute measures for auditing, monitoring and ensuring compliance with the guidance note.
3. Access to the guidance note and related documents
3.1. The employer must ensure that a complete guidance note and related documents are kept readily available at the mine for examination by any affected person. 3.2. A registered trade union with members at the mine, or where there is no such union, a health and safety representative on the mine, or if there is no health and safety representative, an employee representing the employees on the mine, must be provided with a copy. A register must be kept of such persons or institutions with copies to facilitate the updating of such copies. 3.3. The employer must ensure that all employees are fully conversant with those sections of the guidance note relevant to their respective areas of responsibilities.
ANNEXURE E:
WHO and ILO’s mental health policy brief https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40ed_protect/%40protrav/%40safework/docum ents/publication/wcms_856976.pdf
ANNEXURE F: References
1. Mine Health and Safety Council. SIM 050801 Post Traumatic Stress Disorder in the South African Mining Industry Draft Final Report Phase 2 (2011). Retrieved September 2024, from https://mhsc.org.za/sites/default/files/public/research_documents/SIM%20050803%20Report.pdf 2. Mine Health and Safety Council. SIM 020103 Alcohol and cannabis use among South African Mines. Retrieved September 2024, from https://mhsc.org.za/research-document/sim-020103-alcohol-and-cannabis-use-among-south-africanmines/ 3. National Department of Health (NdoH) . NATIONAL STRATEGIC PLAN FOR THE PREVENTION AND CONTROL OF NON-COMMUNICABLE DISEASES. (2022). Retrieved September 2024, from https://bhekisisa.org/wp-content/uploads/2022/06/NCDs-NSP-SA-2022-2027-1.pdf 4. NDoH. National Mental Health Policy Framework and Strategic Plan 2023 -2030. (2023). Retrieved September 2024, from https://www.spotlightnsp.co.za/wp-content/uploads/2023/04/NMHP-FINAL-APPROVED-ON-30.04.2023.pdf 5. The World Health Organization (WHO). Non-communicable diseases By World Health Organization Year (2024) . Retrieved July 2024 from https://www.who.int/news-room/fact-sheets/detail/noncommunicable-diseases 6. The WHO and International Labour Organization (ILO). Mental Health at work – a policy brief by WHO and ILO. Retrieved July 2024, from https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40ed_protect/%40protrav/%40safework/ documents/publication/wcms_856976.pdf
7. WHO. GLOBAL ACTION PLAN FOR THE PREVENTION AND CONTROL OF NONCOMMUNICABLE DISEASES (2013). Retrieved September 2024, from https://iris.who.int/bitstream/handle/10665/94384/9789241506236_eng.pdf?sequence=1 8. The WHO. The WHO STEP wise approach to noncommunicable disease risk factor surveillance WHO STEPS Surveillance Manual. (n.d.). Retrieved September 2024, from https://cdn.who.int/media/docs/default-source/ncds/ncd-surveillance/steps/stepsmanual. pdf?sfvrsn=c281673d_8
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LINK TO FULL NOTICE
Mine Health and Safety Act: Guidance note for the prevention and management of non-communicable diseases and mental health disorders in the South Africa Mining IndustryG 53025 GoN 6443 18 July 2025
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ACTION
Mining Companies
Primary responsibilities:
Occupational Health Service Providers
Roles include:
Labour Unions and Employee Representatives
Responsibilities:
Contractors and Subcontractors
Obligations:
Government Departments (DMPR & NDoH)
Support functions:
Community Health Organizations
Collaborative roles:
Auditors and Compliance Bodies
Duties:
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LABOUR |
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LAW AND TYPE OF NOTICE
LABOUR: VARIOUS
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LINK TO FULL NOTICE
Labour Relations Act: Application for registration of an Amalgamation Bargaining CouncilG 53036 GeN 6445 22 July 2025
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LEGAL SECTOR
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LAW AND TYPE OF NOTICE
Legal Practice Act:
Legal Services Ombud Rules
G 53025 GoN 6442
18 July 2025
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APPLIES TO:
Industries Directly Affected
1. Legal Profession · Attorneys, advocates, and legal practitioners regulated under the Legal Practice Act, 2014. · Law firms and legal service providers. · Legal support staff involved in client services and case management.
2. Regulatory and Oversight Bodies · Legal Practice Council and its committees. · Office of the Legal Services Ombud. · Entities involved in legal ethics, professional conduct, and disciplinary processes. Industries Indirectly Affected
1. Judiciary and Courts · Courts may be involved in enforcement (e.g., summons, compliance orders). · Legal proceedings may be influenced by Ombud findings.
2. Public Sector and Government Departments · Especially the Department of Justice and Constitutional Development, which oversees the Ombud. · Other departments may be involved if legal practitioners are contracted or engaged.
3. Education and Training Providers · Institutions offering legal education and professional development may need to align curricula with ethical and procedural standards.
4. Insurance and Risk Management · Professional indemnity insurers for legal practitioners may be impacted by complaint trends and Ombud findings.
5. Clients of Legal Services · Individuals, businesses, and organisations using legal services are empowered to lodge complaints and seek redress.
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SUMMED UP
Purpose and Scope
Lodging Complaints
Investigation Procedures
Summons and Service
Dispute Resolution
Reporting and Oversight
Annual Reporting
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DETAILS
DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
NO. 6442 18 July 2025
OFFICE OF THE LEGAL SERVICES OMBUD
LEGAL PRACTICE ACT, 2014 (ACT NO. 28 OF 2014)
LEGAL SERVICES OMBUD RULES
The Legal Services Ombud has, in terms of section 95(2) of the Legal Practice Act, 2014 (Act No. 28 of 2014), made the Rules as set out in the Schedule.
SCHEDULE
TABLE OF CONTENTS
DEFINITIONS PURPOSE OF RULES AND FUNCTIONS OF THE OMBUD LODGING AND PROCESSING OF COMPLAINTS REFERRALS IN TERMS OF SECTION 48 OF THE ACT NOTICE TO AFFECTED PARTIES OF DECISION BY OMBUD TO INVESTIGATE PROCEDURE FOR INVESTIGATION FORMAT AND PROCEDURE FOLLOWED IN RESPECT OF AN INVESTIGATION IN TERMS OF SECTION 14(2) OF THE ACT PROCEDURE IN RESPECT OF AN OWN INITIATIVE INVESTIGATION REQUEST FOR INFORMATION AND PRODUCTION OF DOCUMENTS SUMMONS SERVICE OF SUMMONS SUBSTITUTED SERVICE PROCEDURE BEFORE COMMENCEMENT OF AN INQUIRY MEDIATION, CONCILIATION AND NEGOTIATION SETTLEMENT REPORTING OF FINDINGS ESTABLISHMENT AND MAINTENANCE OF LAY PERSONS’ LIST MONITORING IN TERMS OF SECTION 42 OF THE ACT GENERAL PROVISIONS ANNUAL REPORT
DEFINITIONS
1. In these Rules, any word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context indicates otherwise-
”Annual Performance Plan” means a document that outlines the goals, objectives and performance indicators and targets that the organisation aims to achieve over the course of the year; ”complaint” means a complaint made or referred to the Ombud in terms of section 48 of the Act; “complainant” means any person who, or entity which, lodges a complaint with the Ombud in terms of section 48 of the Act; “Council” means the South African Legal Practice Council established in terms of section 4 of the Act; “day” means any day that excludes a Saturday, Sunday, or public holidays; “dispute” means a dispute as referred to in section 48 of the Act; “dispute resolution” means to endeavour to resolve a dispute or rectify any act or omission by means of mediation, conciliation, negotiation, the giving of advice or any other means considered expedient by the Ombud; “inquiry” means the process of obtaining information and documentation as set out in section 48(2) of the Act; “investigation” means an investigation as referred to in sections 14(2) and 48(1)(a) of the Act and may include an inquiry; “lay person” means a person appointed in terms of Section 37(5)(e)(ii) of the Act; “parties” means a complainant, a respondent, witness and any person or entity who may be affected by the outcome of the investigation; “referral” means submitting to the bodies or authorities, as referred to in section 48, any aspect of a complaint which has a bearing on such entity; and “the Act” means the Legal Practice Act, 2014 (Act No. 28 of 2014)
PURPOSE OF RULES AND FUNCTIONS OF THE OMBUD
2. The purpose of the Rules is to regulate the procedure for the execution by the Ombud, of its mandate and functions as referred to in Section 46 of the Act.
PART A LODGING AND PROCESSING OF COMPLAINTS
3. (1) Every complaint shall—
(a) be in writing on Form 1 in Annexure 1 to these Rules; (b) set out the complaint in clear and concise terms; (c) state the material facts on which the complaint is based; and (d) be signed by the complainant.
(2) The complaint shall be submitted to the Ombud – (a) by hand delivery during office hours to any of the offices of the Ombud; (b) by emailing it to OLSOenquiries@justice.gov.za; or (c) by registered post to Spooral Park Building, 2007 Lenchen Avenue South, Centurion Central, 0157. (3) The Ombud shall, within five days of receipt of the complaint, register the complaint and issue a reference number to the complainant: Provided that all the information required for assessment is available. (4) The Ombud shall, within 30 days after the issue of a reference number, assess the complaint to determine whether the complaint falls within its mandate in terms of section 48 (1)(a) of the Act. (5) The Ombud shall, within 10 days of the assessment referred to in sub-rule (4), inform the complainant in writing of the outcome of the assessment. (6) If the Ombud is unable to comply with the timeframes set out in sub-rules (3) to (5), the complainant shall be informed of the delay and indicate the period in which the Ombud shall comply.
REFERRALS IN TERMS OF SECTION 48 OF THE ACT
4. If a referral is made in terms of section 48(1)(c) of the Act, the Ombud may –
(a) within 10 days of the referral notify the person or persons whom the Ombud deems advisable, in writing, of the referral; and (b) notwithstanding the referral, decide whether to proceed with an investigation.
NOTICE TO AFFECTED PARTIES OF DECISION BY OMBUD TO INVESTIGATE
5. (1) The Ombud shall notify all affected parties, in writing, of the decision to investigate within 10 days of such decision. (2) Should the Ombud become aware of the potential involvement of additional affected parties to the complaint, the Ombud shall notify such parties, in writing, within 10 days of becoming aware of such affected parties.
PROCEDURE FOR INVESTIGATION
6. (1) Unless otherwise determined by the Ombud, the format of the investigation may include the following or any combination thereof:
(a) Communication by telephone, letter, email or any other form of correspondence; (b) meetings with affected parties or persons reasonably believed to have information relevant to the investigation; (c) appearance of a person before the Ombud, physically or virtually, for purposes of obtaining or clarifying information or to produce any document in terms of section 48(2) of the Act; (d) examining and copying records or documents relevant to the investigation which are in possession or under the control of a party; and (e) a public hearing to obtain input or comment on a subject of general or broad public concern. (2) The Ombud may, in addition to any other means as he or she may deem fit, obtain information for purposes of the investigation in the following ways or any combination thereof: (a) A statement by a party, at the request of the Ombud, providing reasons for their act or omission; (b) a statement, providing information relating to a matter inquired about by the Ombud, by a party or any other person reasonably believed to have information relevant to the matter; and (c) information obtained by the Ombud in attending any hearing or proceedings relevant to the investigation. (3) A person summonsed to furnish documents shall appear before the Ombud at a time and place specified in the summons with the book, document or other object requested. (4) The Ombud must conclude an investigation within 90 days after assessment of the complaint unless there are circumstances justifying a longer period. (5) The Ombud must, if the investigation cannot be concluded within the period referred to in sub-rule (4), inform the complainant of this fact and of the circumstances justifying a longer period and indicate the time period in which the investigation will be finalised.
FORMAT AND PROCEDURE FOLLOWED IN RESPECT OF AN INVESTIGATION IN TERMS OF SECTION 14(2) OF THE ACT
7. The procedures as set out in Rule 6 apply in respect of an investigation conducted by the Ombud in terms of Section 14(2) of the Act.
PROCEDURE IN RESPECT OF AN OWN INITIATIVE INVESTIGATION
8. The procedures as set out in Rule 6 apply in respect of an investigation conducted by the Ombud on an own initiative.
REQUEST FOR INFORMATION AND PRODUCTION OF DOCUMENTS
9. (1) The Ombud may request information in writing from a person who has information on the subject of the investigation or who has in his or her possession or under his or her control any book, document or other object relating to the investigation. (2) Should the person fail to comply with a request in terms of sub-rule (1), the Ombud may issue a summons against that person to ensure compliance.
SUMMONS
10. (1) A summons as contemplated in section 48(3)of the Act shall be in accordance with Form 2 in Annexure 2 to these Rules. (2) The summons shall state the address of the person required to appear where such summons shall be served. (3) In the case of an email address, the summons shall state the email address as furnished in the course of the investigation by the person to be summonsed. (4) Where the information, book, document or other object is required from a juristic entity or trust the summons shall stipulate the director, official or trustee who is required to appear.
SERVICE OF SUMMONS
11. (1) Service of summons may be effected by means of- (a) delivery by hand by an official of the Office of the Legal Services Ombud at the address for service given in the summons; (b) electronically by an official of the Office of the Legal Services Ombud, in which event the provisions of Chapter III) of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) shall apply; or (c) by the sheriff of the court.
(2) Service as contemplated in sub-rule 1 shall be deemed to be properly effected if service of the summons took place –
(a) by serving a copy of the summons on the person named in the summons, personally- (i) at the residence or place of business of the person named in the summons to someone not less than 16 years of age and residing on or employed on the premises; or (ii) at the place of employment of the person named in the summons or to someone not less than 16 years of age and in authority over the person to be served or, in the absence of such person in authority, to someone not less than 16 years of age and in charge at his or her place of employment.
(b) by delivering a copy of the summons to any agent who is duly authorised, in writing, to accept service on behalf of the person upon whom service is to be effected. (3) Juristic entities or trusts may be served by delivery of the summons at the local office or place of business of such entity or, in the absence of such office or place of business, by service on the director, trustee, chairperson, official or similar officer thereof in any manner prescribed in the Rules. (4) The person serving a summons shall, on request of the person being served, present the original summons, except where summons is served electronically. (5) All forms of service shall be effected, as near as possible, between the hours of 7:00 and 17:00. (6) Summons shall not be served on a Saturday, Sunday or public holiday. (7) Service on a person called to an inquiry shall be effected within a reasonable time, but no less than 10 days before attendance is required.
SUBSTITUTED SERVICE
12. (1) In the event that the service of a summons, as contemplated in Rule 10, cannot be carried out, and all reasonable avenues to locate a person for service of the summons have been exhausted, service shall be effected by- (a) placing an advertisement in an English publication circulating in the area in which the person resides; and (b) where appropriate, in any other official language.
(2) Proof of publication shall be a copy of the whole page containing the advertisement or a cutting thereof indicating the paper and date of publication.
PROCEDURE BEFORE COMMENCEMENT OF AN INQUIRY
13. The Ombud shall explain to a person who has been summonsed before the inquiry- (a) the purpose of the inquiry; (b) the inquisitorial nature of the inquiry; (c) the procedure that will be followed; (d) the confidentiality of the inquiry; and (e) that the proceedings will be recorded.
MEDIATION, CONCILIATION AND NEGOTIATION
14. (1) In mediating the dispute, the Ombud shall facilitate discussions between the parties to enable the parties to arrive at a mutually suitable resolution of the dispute. (2) In conciliating the dispute, the Ombud shall guide and advise the parties to enable the parties to arrive at a mutually suitable resolution of the dispute. (3) In negotiating a settlement, the Ombud shall recommend proposals to resolve the dispute. (4) The Ombud or the parties may propose, either in writing or orally, that the dispute be attempted to be resolved by mediation, conciliation or negotiation, either at the commencement of or during an investigation. (5) Should the parties agree to attempt to resolve the dispute as referred to in sub-rule (4), the agreement shall be reduced to writing and signed by the parties and confirmed by the Ombud. (6) Pending finalisation of mediation, conciliation or negotiation between the parties, the investigation shall be suspended: Provided that, should the dispute not be resolved within a reasonable time, to be determined in the sole discretion of the Ombud, or should any party withdraw from the dispute resolution process, the investigation shall resume and continue or the Ombud may deal with the matter by any other means that may be expedient in the circumstances.
SETTLEMENT
15. If a settlement is reached between the parties at any stage of the investigation, whether through mediation, conciliation, or negotiation or otherwise
(a) the terms of the agreement shall be reduced to writing, and such agreement shall be signed by the parties; (b) the agreement shall be concluded and signed under the supervision and direction of the Ombud; and (c) the original signed agreement shall be kept by the Ombud.
REPORTING OF FINDINGS
16. (1) Upon conclusion of the investigation, the Ombud shall prepare a report, recommendation, finding or point of view. (2) The Ombud shall, within 30 days after the compilation of the report contemplated in section 48(6)(b), make it available to the complainant and to any person or body implicated thereby
ESTABLISHMENT AND MAINTENANCE OF LAY PERSONS’ LIST
17. (1) The Ombud shall establish and maintain the lay persons’ list. (2) The Ombud may, in maintaining the lay persons’ list, withdraw the appointment of a lay person if the Ombud becomes aware that the person no longer meets the criteria set by the Ombud or a concern is raised by the Council regarding the conduct of such a lay person.
MONITORING IN TERMS OF SECTION 42 OF THE ACT
18. The Ombud may monitor the following processes by any Investigating Committee: (a) The procedures followed by Investigating Committees; (b) the protection of the rights of parties during the investigation; and (c) the adequacy and fairness of the investigative process.
GENERAL PROVISIONS
19. (1) All inquiries shall be recorded mechanically unless the circumstances dictate otherwise. (2) All proceedings during an investigation shall be confidential except where such disclosure is required by law.
PART B ANNUAL REPORT
20. (1) The organisational performance of the Ombud shall be driven by a five- year strategic plan, the outlined mandate of the Ombud and strategic priorities. This will inform the Annual Performance Plan (APP). (2) The Annual Performance Plan shall form the basis for the annual reports of accounting officers in terms of section 52 of the LPA as well as section 40(1)(d) and (e) of the PFMA.
SHORT TITLE AND COMMENCEMENT
These Rules shall be called the Legal Services Ombud Rules, and shall come into operation on the date of publication in the Gazette.
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LINK TO FULL NOTICE
Legal Practice Act: Legal Services Ombud RulesG 53025 GoN 6442 18 July 2025
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ACTION
Legal Practitioners and Law Firms
1. Complaint Handling Readiness · Ensure clients are informed of their right to lodge complaints with the Ombud. · Maintain records and documentation that may be requested during investigations.
2. Compliance with Investigations · Respond promptly to requests for information or summons from the Ombud. · Cooperate with inquiries, including attending hearings or providing documents.
3. Professional Conduct · Review internal policies to align with ethical standards and dispute resolution procedures outlined in the rules. · Participate in mediation, conciliation, or negotiation if proposed by the Ombud.
Legal Practice Council and Regulatory Bodies 1. Monitoring and Oversight · Facilitate access to disciplinary records and hearings when requested by the Ombud. · Respond to Ombud inquiries within specified timeframes (e.g., 20 days for monitoring requests). 2. Lay Person List Management · Collaborate with the Ombud in maintaining and vetting the list of lay persons involved in investigations.
Office of the Legal Services Ombud
1. Operational Implementation · Establish procedures for complaint intake, assessment, investigation, and reporting. · Maintain confidentiality and ensure fair treatment of all parties.
2. Reporting and Transparency · Prepare annual reports and financial statements in line with PFMA and GRAP standards. · Publish findings and recommendations within 30 days of investigation conclusion.
Legal Education and Training Institutions
1. Curriculum Updates · Incorporate the Ombud’s rules and procedures into ethics and professional conduct training.
Clients and Public Entities
1. Awareness and Engagement · Understand the process for lodging complaints and participating in dispute resolution. · Retain relevant documentation to support any complaint or inquiry.
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MEDICAL
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LAW AND TYPE OF NOTICE
Pharmacy Act:
Regulations relating to the practice of pharmacy: Comments invited
G 53025 GoN 6441
18 July 2025
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APPLIES TO:
1. Healthcare Sector
2. Pharmaceutical Manufacturing and Wholesale
These sectors will need to adjust staffing models and supervision structures to comply with the new ratios of pharmacists to support personnel and interns.
3. Education and Training Institutions
They will be affected by the limits on the number of interns a tutor pharmacist can supervise, especially in academic or training environments.
4. Regulatory and Compliance Bodies
5. Human Resources and Staffing Agencies
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SUMMED UP
The Minister of Health, Dr. Pakishe Aaron Motsoaledi, intends to amend Regulation 14 concerning the supervision of pharmacy support personnel and pharmacist interns.
Proposed Amendments to Regulation 14
1. Community or Institutional Pharmacies:
· A pharmacist may supervise up to 3 support personnel. · If the pharmacist is a tutor to an intern or trainee technician, they may supervise only 2 support personnel.
2. Wholesaler or Manufacturing Pharmacies:
· A pharmacist may supervise up to 5 support personnel.
· Limits include: · Max 3 learners or trainees (basic/post-basic assistants or technicians). · Tutors to interns may supervise up to 4 support personnel, with only 2 being learners or trainees.
3. Educational Institutions:
· Tutors may supervise up to 5 interns, but no support personnel.
4. Primary Health Care Centres or Council-approved facilities:
· Pharmacists may supervise up to 5 support personnel under indirect supervision.
5. Combination Supervision:
· Allowed as per sub-regulations (1) and (2) or Council guidelines.
Public Participation
Interested parties are invited to submit comments within three months of publication to:
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FULL TEXT |
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DETAILS |
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LINK TO FULL NOTICE
Pharmacy Act: Regulations relating to the practice of pharmacy: Comments invitedG 53025 GoN 6441 18 July 2025
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ACTION
Ensure that you submit your comments
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TRANSPORTATION
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LAW AND TYPE OF NOTICE
PERMITS: VARIOUS
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LINK TO FULL NOTICE
18 July 2025 – GG 53017 – Applications Concerning Operating Licences – Mthatha 18 July 2025 – GG 53017 – Applications Concerning Operating Licences – Goodwood 18 July 2025 – GG 53017 – Applications Concerning Operating Licences – Mbombela 18 July 2025 – GG 53017 – Applications Concerning Operating Licences – Johannesburg 18 July 2025 – GG 53017 – Cross Border Road Transport Agency – Applications for Permits – Centurion
TRANSPORTATION PERMITS
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ADVERTISING ARTICLES
CCTV ARTICLES
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FINANCIAL ARTICLES AND JUDGMENTS
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SOUTH AFRICA |
SA braces for Financial Action Task Force inspection
South Africa is set to take the final step toward exiting the Financial Action Task Force greylist, with an international assessment team scheduled to arrive in the country next week for an on-site evaluation.
The Financial Action Task Force (FATF) Africa Joint Group will visit South Africa on July 29 and 30 to verify progress made in strengthening the country’s anti-money laundering and counter-terrorism financing systems.
IOL previously reported that the country was placed on the greylist due to its failure to adhere to the FATF’s requirements in dealing with antimoney laundering and combating financing of terrorism.
This visit is the final requirement before the FATF decides at its October plenary whether the country can be removed from the greylist. Since being greylisted in 2023, the country has worked hard to complete 22 action items required by the FATF
These include improving investigations and prosecutions of serious money laundering and terrorist financing cases, enhancing transparency around company ownership and enforcing stronger penalties for violations.
Earlier this year, the watchdog also confirmed South Africa had substantially completed the Action Plan, allowing the on-site visit to proceed.
“At its June 2025 Plenary, the FATF made the initial determination that South Africa has substantially completed its action plan and warrants an on-site assessment to verify that the implementation of anti-money laundering/combating financing of terrorism reforms has begun and is being sustained, and that the necessary political commitment remains in place to sustain implementation in the future,” the FATF said.
During a media briefing last week, Minister in the Presidency Khumbudzo Ntshavheni spoke about the upcoming FATF inspection, saying it was important for the country to be removed from the list and expressed hope that South Africans would behave.
“The FATF inspection date, they are coming on the 29th and 30th of July 2025, so I hope South Africans will behave, the visitors will be here, we need to get out of the greylisting, it’s important for all of us that we do,” Ntshavheni said.
Mthobisi Nozulela Cape Argus
Landmark judgment strengthens FSCA’s hand against foreign wrongdoers
In a landmark case before the Gauteng Division of the High Court, the Financial Sector Conduct Authority (FSCA) sought to enforce an administrative penalty against several foreign individuals and a foreign partnership. The matter stemmed from the publication of a report that was widely distributed in South Africa, resulting in a dramatic drop in the share price of a major South African bank and a loss of over R25 billion in market capitalisation. The FSCA’s investigation concluded that the foreign parties had made false, misleading, or deceptive statements in breach of the Financial Markets Act and imposed a R50 million administrative penalty.
Issues in Dispute
The core dispute centred on whether the FSCA had the legal authority to impose administrative penalties on foreign persons (peregrini) who were not physically present in South Africa, but whose conduct had a direct and significant impact on the South African financial markets. The Financial Services Tribunal had previously ruled that, although the FSCA had jurisdiction over the conduct, it did not have jurisdiction over the persons of the foreign respondents and set aside the penalty.
Court’s Finding
The High Court overturned the Tribunal’s decision, holding that the FSCA does have jurisdiction to impose administrative penalties on foreign persons in cases where:
The matter was sent back to the Tribunal for reconsideration on the merits.
Reasons for the Decision
The court recognised that the traditional common law requirement for personal service of process on a foreign party while physically present in South Africa was outdated in the context of modern, digital financial markets. The court developed the common law to allow for jurisdiction to be established where notice is delivered by any means, including electronic means, provided there is a close connection between the conduct and South Africa. The court emphasised that effective regulation would be undermined if foreign actors could avoid accountability simply by remaining outside the country’s borders, especially when their actions are deliberately aimed at causing harm within South Africa.
Why This Judgment is Crucial for the FSCA
This judgment is a watershed moment for the FSCA. It affirms and expands the FSCA’s ability to regulate and enforce financial sector laws against foreign entities whose actions materially affect South African markets. By modernising the approach to jurisdiction, the court has empowered the FSCA to take decisive action against cross-border misconduct, closing a significant regulatory gap. This ensures that the integrity and stability of South Africa’s financial system are protected, even in the face of globalised and digitally orchestrated wrongdoing. The decision is a vital step in safeguarding the South African public and economy from harmful conduct originating beyond its borders.
by Mtho Maphumulo Provided by Adams & Adams |
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