Plant Breeders’ Rights Act: Receipts of applications for Plant Breeders’ Rights: PJV 185: Comments invited

Plant Breeders’ Rights Act: Receipts of applications for Plant Breeders’ Rights: PJV 184: Comments invited

Identification Act: Regulations: 14th Amendment

Electronic Communications Act:Regulations: Signal Distribution Services: Extension of closing date for comments

National Environmental Management Act:Environmental Authorisation Application Process

National Heritage Resources Act: Fees

National Land Transport Act: Mpumalanga Land Transport Framework 2025 – 2030: Comments invited

National Ports Act: Guiding Principles on Proclamation Process

• The New South African Plant Breeders’ Rights Act No. 12 of 2018 comes into force

• Savings for consumers: Steenhuisen revokes controversial bread inspection contract

• TymeBank calls for Home Affairs to halt 6 500% fee hike

• Education committee condemns infrastructure failures

• Three banks hit with sanctions in South Africa

• New laws will force bars and restaurants to make big changes in South Africa

AGRICULTURE

LAW AND TYPE OF NOTICE

Plant Breeders’ Rights Act:

Receipts of applications for Plant Breeders’ Rights: PJV 185: Comments invited

G 52883 GoN 6325

– Comment by 20 Sep 2025

20 June 2025

APPLIES TO: 

1. Agriculture and Horticulture

• Primary Impact: This is the most directly affected sector. The Act protects new plant varieties, encouraging innovation in crop development.

• Affected Stakeholders:
  • Commercial farmers
  • Smallholder and subsistence farmers
  • Horticulturists and nursery operators
  • Seed producers and distributors

2. Plant Breeding and Biotechnology

• Impact: Breeders and biotech companies benefit from exclusive rights to new plant varieties, which can be licensed for royalties.

• Activities Affected:
  • Genetic modification
  • Hybrid development
  • Research and development in plant sciences

3. Agro-processing and Food Production

• Impact: New plant varieties can lead to improved crop yields, quality, and resistance, which benefits food processors and manufacturers.

• Examples:
  • Food security initiatives
  • Value-added agricultural products

4. Intellectual Property and Legal Services

• Impact: Legal professionals and IP consultants are involved in filing, managing, and enforcing breeders’ rights.

• Services Affected:
  • Patent and IP law
  • Licensing agreements
  • Dispute resolution

5. Trade and Export

• Impact: Protected plant varieties can enhance the competitiveness of South African agricultural exports.

• Relevant Areas:
  • Export of seeds, fruits, and ornamental plants
  • Compliance with international treaties like UPOV

6. Environmental and Conservation Sectors

• Impact: The Act may influence biodiversity and conservation practices, especially regarding indigenous and traditional plant varieties.

• Concerns:
  • Balance between innovation and biodiversity
  • Protection of traditional knowledge and farmer-managed seed systems

LINK TO FULL NOTICE

Plant Breeders’ Rights Act: Receipts of applications for Plant Breeders’ Rights: PJV 185: Comments invited

G 52883 GoN 6325

– Comment by 20 Sep 2025

20 June 2025

52883gon6325.pdf

Plant Breeders’ Rights Act: Receipts of applications for Plant Breeders’ Rights: PJV 184: Comments invited

G 52883 GoN 6324

– Comment by 20 Sep 2025

20 June 2025

52883gon6324.pdf

ACTION

Interested parties must ensure they submit their comments before 20 September 2025.

CITIZENSHIP

LAW AND TYPE OF NOTICE

Identitication Act:

Regulations: 14th Amendment

G 52893 GoN 6336

23 June 2025

APPLIES TO: 

1.     Private Sector Entities

·       Banks and Financial Institutions: For identity verification during                   account opening, loan processing, or fraud prevention.

·       Telecommunications Companies: For SIM card registration and                     customer verification.

·       Insurance Companies: For verifying client identities and processing                 claims.

·       Retailers and E-commerce Platforms: Especially those offering credit           or requiring age verification.

2.     Public Sector Bodies

·       State Departments and Municipalities: These are exempt from                   fees, but still affected in terms of access protocols.

·       Statutory Bodies: Like the South African Revenue Service (SARS),                       Electoral Commission, etc.

3.     Educational Institutions

·       Universities and colleges may use the register to verify student identities or            qualifications.

4.     Healthcare Providers

·       Hospitals and medical aid schemes may use it for patient identity                              verification and fraud prevention.

5.     Legal and Regulatory Bodies

·       Law firms, notaries, and compliance officers needing identity verification               for legal processes.

6.     NGOs and Research Institutions

·       Especially those conducting demographic or social research requiring access         to population data.

Regulation 15 has been amended to update the fees for furnishing information from the population register:

1.     Real-time information requests

·       Fee: R10.00 per transaction

·       Applies to: Any person, organisation, body, society, or institution requesting “bio” or “non-bio” data in real-time.

2.     Batch information requests (not real-time)

·       Fee: R1.00 per verification field requested

·       Note: Calculated based on the number of input requests, not output responses.

3.     State departments, municipalities, or statutory bodies

·       Fee: No charge per transaction.

Effective Date

These amended regulations will come into effect on 01 July 2025.

FULL TEXT

DETAILS

DEPARTMENT OF HOME AFFAIRS

NO. 6336 23 June 2025

1

IDENTIFICATION ACT, 1997

FOURTEENTH AMENDMENT OF THE REGULATIONS MADE UNDER THE IDENTIFICATON ACT, 1997

The Minister of Home Affairs has, with the concurrence of the Minister of Finance and under section 22 of the Identification Act, 1997 (Act No. 68 of 1997), made the Regulations in the Schedule.

DR L A SCHREIBER, MP

MINISTER OF HOME AFFAIRS

DATE: 23 June 2025

SCHEDULE

Definition

1. In this Schedule, “the Regulations” means the Regulations made under section 22 of the Identification Act, 1997 (Act No. 68 of 1997), published under Government Notice No. R. 978 of 31 July 1998, as amended by Government Notice Nos. R. 1014 of 07 August 1998, R. 275 of 01 April 2000, R. 329 of 03 April 2001, R. 1213 of 19 August 2003, R. 432 of 31 March 2004, R. 605 of 14 May 2004, R. 701 of 11 June 2004, R. 321 of 01 April 2005, R. 474 of 19 May 2006, R. 65 of 28 January 2008, R. 342 of 27 March 2009, R. 25 of 19 January 2011, and R. 1029 of 08 December 2011.

Amendment of regulation 15 of Regulations

2. Regulation 15 of the Regulations is hereby amended by the substitution of paragraph (d) of the following paragraph:

“(d) furnishing of information from the population register in any format in accordance with section 21(2) of the Act to―

(i) any person, organisation, body, society or institution who requests such information (either “bio” or “non-bio”) to be provided in real-time ……….….…………………………………….. R10.00 (Ten Rand) per transaction;

(ii) any person, organisation, body, society or institution who requests such information in batches which will not be provided in real-time ……..…………………………………………………….. R1.00 (One Rand) per verification field requested, calculated on the number of input requests received and not on the output

responses provided; and

(iii) any State department, municipality or statutory body ….…………. No fee per transaction or transactions.”.

Short title and commencement

3. These Regulations shall be called the Fourteenth Amendment of the Regulations made under the Identification Act, 1997, and shall come into operation on 01 July 2025.

LINK TO FULL NOTICE

Identitication Act: Regulations: 14th Amendment

G 52893 GoN 6336

23 June 2025

52893gon6336.pdf

ACTION

Take note of the new fees.

CUSTOMS, EXCISE AND INTERNATIONAL TRADE ADMINISTRATION

LAW AND TYPE OF NOTICE

Customs and Excise Act:

Amendment of Schedule 1 (No 1/1/1676): Correction

G 52882 RG 11848 GoN 6323

20 June 2025

DETAILS

LINK TO FULL NOTICE

Customs and Excise Act: Amendment of Schedule 1 (No 1/1/1676): Correction

G 52882 RG 11848 GoN 6323

20 June 2025

52882rg11848gon6323.pdf

LAW AND TYPE OF NOTICE

International Trade Administration Act:

Customs Tariff Applications List 06/2025

G 52883 GeN 3316

20 June 2025

SUMMED UP

RIIFO has applied for an increase in the customs duty rate from 15% to 20% ad valorem on the following products:

1.     Tubes, pipes, and hoses of polymers of ethylene, seamless, without fittings, multi-layered with an intermediate layer of aluminium, OD ≤ 32 mm (Tariff subheading 3917.39.20).

2.     Same as above with fittings (Tariff subheading 3917.39.90).

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3316 OF 2025 NOTICE OF 2025

INTERNATIONAL TRADE ADMINISTRATION COMMISSION

CUSTOMS TARIFF APPLICATIONS LIST 06/2025

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

CONFIDENTIAL INFORMATION

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

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

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

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

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

This rule applies to all parties and to all correspondence with and submissions to the Commission, which unless clearly indicated to be confidential, will be made available to other interested parties.

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

If a party considers that any document of another party, on which that party is submitting representations, does not comply with the above rules and that such deficiency affects that party’s ability to make meaningful representations, the details of the deficiency and the reasons why that party’s rights are so affected must be submitted to the commission in writing forthwith (and at the latest 14 days prior to the date on which that party’s submission is due).

Failure to do so timeously will seriously hamper the proper administration of the investigation, and such party will not be able to subsequently claim an inability to make meaningful representations on the basis of the failure of such other party to meet the requirements.

APPLICATION FOR AN INCREASE IN THE RATE OF CUSTOMS DUTY FROM 15% TO 20% AD VALOREM DUTY ON:

“Tubes, pipes and hoses of polymers of ethylene, seamless, without fittings, multi-layered, having an intermediate layer of aluminium and with an outside diameter not exceeding 32 mm, classifiable in tariff subheading 3917.39.20, by the creation of a separate 8-digit for the said goods”; and

“Tubes, pipes and hoses of polymers of ethylene, seamless, with fittings, multi-layered, having an intermediate layer of aluminium and with an outside diameter not exceeding 32 mm, classifiable in tariff subheading 3917.39.90, by the creation of a separate 8-digit for the said goods”.

Applicant: RIIFO SOUTHERN AFRICA (PTY) LTD

2 Nobel Avenue

Modderfontein

Johannesburg

1610

As motivation for the application, the Applicant submitted, inter alia, that:

•        Riifo has invested in establishing a local manufacturing facility for multilayer pipes in South Africa, capable of manufacturing products with an outside diameter up to 32mm, in Modderfontein. The product was previously only imported into the Southern African Customs Union. The plant, which began production in July 2023, aims to reduce reliance on imports and lower transportation costs for local customers.

•        However, large volumes of low-priced imports are directly competing with Riifo’s locally produced pipes, threatening the viability of the new investment. To ensure the plant operates at economically sustainable levels, recovers overhead costs, and continues creating jobs, an increase in customs duty is necessary.

ITAC Ref: 01/2025 Enquiries: Mr. Joseph Mawasha at jmawasha@itac.org.za , Mr Scelo Mshengu at smshengu@itac.org.za and Mr Nkulana Phenya at nphenya@itac.org.za.

PUBLICATION PERIOD:

Representation should be submitted to the above ITAC officials within four (4) weeks of the date of this notice.

LINK TO FULL NOTICE

International Trade Administration Act: Customs Tariff Applications List 06/2025

G 52883 GeN 3316

20 June 2025

52883gen3316.pdf

ACTION

Interested parties must submit comments

ELECTRONIC COMMUNICATION

LAW AND TYPE OF NOTICE

Electronic Communications Act:

Regulations: Signal Distribution Services: Extension of closing date for comments

G 52885 GeN 3319

– Comment by 11 Jul 2025

20 June 2025

APPLIES TO: 

Broadcasting Industry

• Television broadcasters and radio broadcasters (FM and AM) are directly impacted as they rely on terrestrial signal distribution services to transmit content to the public.
• These broadcasters are typically broadcasting service licensees regulated by ICASA.

Signal Distribution Providers

• The regulations specifically target Sentech SOC Ltd, the state-owned enterprise that provides wholesale signal distribution services.
• Any other current or future signal distributors operating in South Africa would also be subject to these regulations.

Regulatory and Legal Services

• Legal and regulatory compliance professionals in the communications sector will need to interpret and implement the new rules.
• Consultants and law firms advising broadcasters or Sentech will be involved in preparing submissions, compliance strategies, and possibly dispute resolution.

Technology and Infrastructure Providers

• Companies that build or maintain broadcasting infrastructure (e.g., transmission towers, signal processing equipment) may be indirectly affected due to changes in service requirements or pricing models.

Economic and Market Analysts

• Analysts involved in market competition assessments, tariff modeling, and cost-based pricing will play a role in supporting compliance and monitoring efforts.

SUMMED UP

Purpose of the Regulations

To regulate the terrestrial signal distribution services market in South Africa by:

• Defining relevant wholesale markets.
• Assessing competition and identifying market failures.
• Imposing pro-competitive conditions on licensees with Significant Market Power (SMP).
• Monitoring and reviewing market performance.

Key Market Definitions

The regulations cover three wholesale markets:

1.     Television broadcasting services

2.     FM sound broadcasting services

3.     AM sound broadcasting services

Findings

• Sentech SOC Ltd is identified as having Significant Market Power in all three markets.
• The markets are deemed ineffectively competitive.
• Market failures include:
  • Natural monopoly due to high infrastructure costs.
  • Lack of transparency in pricing and service quality.

Pro-Competitive Conditions for Sentech

Sentech must:

• Base tariffs on cost-oriented pricing.
• Submit and publish a Reference Offer (RO) detailing:
  • Services, pricing, terms, quality guarantees, and dispute resolution.
• Provide detailed cost and pricing data to ICASA for monitoring.

Monitoring & Enforcement

• ICASA will monitor compliance and may impose pricing remedies.
• Non-compliance with Regulation 8 may result in fines up to R5 million.

Review Cycle

• ICASA will review the market and regulations at least every 3 years.

FULL TEXT

DETAILS

Link to notice for comment: Draft Signal Distribution Services Regulations 2025

LINK TO FULL NOTICE

Electronic Communications Act: Regulations: Signal Distribution Services: Extension of closing date for comments

G 52885 GeN 3319

– Comment by 11 Jul 2025

20 June 2025

52885gen3319f.pdf

ACTION

Interested Parties must ensure they submit their comments before 11 July 2025

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

National Environmental Management Act:

Environmental Authorisation Application Process (English / Afrikaans)

G 52883 GeN 3314

20 June 2025

APPLIES TO: 

1.     Mining Industry

·       Specifically, gold mining operations like those of Harmony Gold.

·       Activities include tailings storage facilities (TSFs), water use, and waste                     management.

2.     Environmental Consulting and Management

·       Firms conducting Environmental Impact Assessments (EIAs), waste                         management planning, and compliance monitoring.

·       Specialists in air quality, water use licensing, and land rehabilitation.

3.     Water Resource Management

·       Entities involved in water use licensing and monitoring under the National             Water Act.

·       Includes hydrologists, water engineers, and regulatory bodies.

4.     Air Quality and Emissions Control

·       Companies and agencies that monitor and manage emissions under the Air             Quality Act.

·       Includes air quality consultants and environmental monitoring equipment               providers.

5.     Agriculture and Land Use

·       Since the proposed infrastructure (like pipelines and TSFs) traverses multiple         farm portions, agricultural stakeholders may be impacted by land use changes         or environmental risks.

6.     Legal and Regulatory Services

·       Legal firms specializing in environmental law and regulatory compliance.

·       Public participation facilitators and legal advisors for affected parties.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Environmental Management Act: Environmental Authorisation Application Process (English / Afrikaans)

G 52883 GeN 3314

20 June 2025

52883gen3314.pdf

ACTION

1. Mining Companies (e.g., Harmony Gold Mining Company Limited)

• Conduct Comprehensive Environmental Impact Assessments (EIAs): Ensure all potential environmental impacts are identified and mitigated.
• Engage in Public Participation: Facilitate transparent communication with affected communities and stakeholders.

• Apply for Required Licenses: Secure Environmental Authorization (EA), Waste Management Licence (WML), Water Use Licence (WUL), and Air Emissions Licence (AEL).
• Implement Environmental Management Plans (EMPs): Develop and follow detailed plans for managing environmental risks.

2. Environmental Consulting Firms

• Support Regulatory Compliance: Assist clients in preparing documentation and assessments required by NEMA, NWA, and NEM:AQA.
• Monitor and Audit: Provide ongoing environmental monitoring and compliance auditing services.
• Facilitate Stakeholder Engagement: Organize and document public participation processes.

3. Water and Air Quality Management Organizations

• Assess Resource Use: Evaluate the impact of proposed activities on water resources and air quality.
• Recommend Mitigation Measures: Propose strategies to reduce pollution and manage resource use sustainably.
• Support Licensing Applications: Provide technical input for WUL and AEL applications.

4. Agricultural Stakeholders

• Assess Land Use Impact: Evaluate how mining infrastructure (e.g., pipelines, TSFs) may affect farming operations.
• Participate in Public Consultations: Voice concerns and negotiate mitigation or compensation measures.
• Monitor Environmental Changes: Track changes in soil, water, and air quality that may affect agricultural productivity.

5. Legal and Regulatory Advisors

• Ensure Legal Compliance: Guide clients through the legal requirements of environmental legislation.
• Represent Stakeholders: Advocate for affected parties during public participation and appeals processes.
• Draft and Review Contracts: Ensure agreements related to land use, compensation, and environmental obligations are legally sound.

HERITAGE

LAW AND TYPE OF NOTICE

National Heritage Resources Act:  Fees

G 52883 GoN 6330

20 June 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Heritage Resources Act: Fees

G 52883 GoN 6330

20 June 2025

52883gon6330.pdf

ACTION

Take note of the new fees

TRANSPORTATION

LAW AND TYPE OF NOTICE

National Land Transport Act:

Mpumalanga Land Transport Framework 2025 – 2030: Comments invited

G 52883 GeN 3317

– Comment by 15 Jul 2025

20 June 2025

APPLIES TO: 

1. Government and Public Sector Entities

• Department of Public Works, Roads, and Transport (DPWRT) – Primary implementing agency.
• Municipalities – Ehlanzeni, Nkangala, and Gert Sibande districts will oversee local Integrated Transport Plans (ITPs).
• SANRAL – Responsible for national roads.
• PRASA – Involved in passenger rail recovery and integration.
• Cross-border authorities – Due to congestion and freight movement at border posts.

2. Public Transport Operators

• Minibus taxi associations – Affected by rationalization, licensing, and subsidy strategies.
• Bus companies – Will be impacted by service optimization and integration with other modes.
• Scholar and rural transport providers – Subject to new strategies and funding models.

3. Freight and Logistics Companies

• Road freight operators – Especially those using the N4, N11, and Maputo corridors.
• Coal transporters – Due to the shift from rail to road and infrastructure upgrades.
• Pipeline and aviation freight companies – Covered under intermodal and freight strategies.

4. Infrastructure and Construction Firms

• Road and bridge construction companies – Involved in R5 billion worth of infrastructure projects.
• Consulting engineers and planners – For design, planning, and implementation of transport strategies.

5. Environmental and Sustainability Organizations

• Renewable energy and EV developers – Due to the push for electric vehicles and sustainable transport.
• Urban planners and environmental NGOs – Involved in land use planning and emission reduction strategies.

6. Civil Society and Advocacy Groups

• Disability and accessibility advocates – Engaged in the Non-Motorized Transport (NMT) framework.
• Community organizations – Especially in rural areas, where transport access is being improved.

SUMMED UP

Transport Infrastructure & Networks

• Road Network: 29,000 km total; includes national, provincial, and tertiary roads.
• Freight Corridors: Includes N4 (Maputo Corridor), N17, R33, R36, and others.
• Coal Haulage: Heavy impact on road conditions; shift to rail encouraged.
• Rail Network: Key lines like Ermelo–Richards Bay and Maputo Corridor.
• Pipeline Infrastructure: Transport of oil, gas, and refined products.
• Air Transport: Kruger Mpumalanga International Airport and regional airfields.

Public Transport

• Minibus Taxis: Dominant mode; 20 associations with ~1,000 vehicles.
• Bus Services: Subsidized but face aging fleets and outdated contracts.
• Rail Services: Challenges with PRASA and infrastructure.
• Integrated Public Transport Networks (IPTN): Planned for urban and rural areas.

Sustainability & Environment

• Promotion of non-motorised transport (NMT): sidewalks, cycling lanes.
• Electric vehicles, emission standards, and green infrastructure.
• Climate change mitigation: Road-to-rail shift, renewable energy.

Strategic Planning & Funding

• Financial Plan: Over R6.4 billion allocated for construction; R2.8 billion for maintenance.
• Funding Mechanisms: Includes tolls, parking fees, congestion charges, and grants.
• Performance Monitoring: KPIs for safety, accessibility, and environmental impact.

Education, Training & Employment

• Young Professionals Program: Graduate placements for skills development.
• Expanded Public Works Programme (EPWP): Job creation through infrastructure projects.

Strategic Goals

• Accessibility & Affordability: Especially for rural and underserved communities.
• Safety & Regulation: Road safety education, enforcement, and infrastructure.
• Economic Growth: Support for mining, agriculture, tourism, and trade.

Challenges Identified

• Outdated data systems and contracts.
• Inadequate infrastructure in rural areas.
• Overloading of freight vehicles.
• Institutional capacity and coordination issues.
• Environmental degradation from transport activities.

Key Initiatives

• Back to Rail Strategy: Reduce road freight burden.
• Scholar & Rural Transport Strategies: Improve access for learners and rural residents.
• Tourism Transport Strategy: Enhance access to key destinations like Kruger National Park.
• Intelligent Transport Systems (ITS): For urban traffic management.

FULL TEXT

DETAILS

Please click on the link provided below to view the full Framework.

LINK TO FULL NOTICE

National Land Transport Act: Mpumalanga Land Transport Framework 2025 – 2030: Comments invited

G 52883 GeN 3317

– Comment by 15 Jul 2025

20 June 2025

52883gen3317.pdf

ACTION

Ensure that you submit your comments before 15 July 2025

LAW AND TYPE OF NOTICE

National Ports Act:

Guiding Principles on Proclamation Process

G 52883 GeN 3318

20 June 2025

APPLIES TO: 

Government and Regulatory Bodies

1.     Department of Transport – Leads and manages the proclamation process.

2.     National Ports Authority – Submits applications for port boundary changes or new port developments.

3.     Transport Economic Regulator – Oversees economic implications and ensures regulatory compliance.

4.     Municipal Governments – Must be consulted if port changes affect municipal boundaries or Integrated Development Plans (IDPs).

5.     Department of Fisheries, Forestry and Environment – Provides Strategic Environmental Assessment (SEA) approvals.

Infrastructure and Development Entities

1.     Port Developers and Operators – Directly involved in planning, constructing, and operating ports.

2.     Engineering and Environmental Consulting Firms – Conduct viability studies, environmental assessments, and simulations.

3.     Surveyor General’s Office – Receives and archives new cadastral maps.

Maritime and Logistics Sector

1.     Shipping Companies – Affected by changes in port access, traffic flow, and operational efficiency.

2.     Freight and Logistics Providers – Impacted by port capacity, infrastructure, and connectivity.

3.     Importers and Exporters – Rely on efficient port operations for trade.

Urban and Regional Planning Bodies

1.     City Planning Departments – Ensure port developments align with urban development plans.

2.     Port Consultative Committees – Represent local interests and provide feedback on proposals.

Public and Civil Society

1.     General Public and Local Communities – Especially those in affected municipalities.

2.     Environmental NGOs and Advocacy Groups – May engage in consultations or raise concerns about environmental impacts.

SUMMED UP

Key Highlights from the Document:

1. Application Procedure by the National Ports Authority

• Must notify the Minister of Transport in writing.
• Include coordinates of land parcels.
• Submit a business case and viability study.
• Provide a Strategic Environmental Assessment (SEA) report.
• Conduct simulation exercises to assess city-port integration.

2. Stakeholder Consultation

• Advertised in the Government Gazette and open media.
• Stakeholders have 45 working days to respond.
• Must align with the Integrated Development Plan (IDP) of the municipality.

3. Stakeholder Responsibilities

• Various entities including the Department of Transport, Port Consultative Committees, general public, and Transport Economic Regulator have defined roles in the process.

4. Submission Requirements

• Include SEIA report, viability study, timelines, and development model (for new ports).

5. Timeframes

• Advertising: 30 days.
• Consultation: 60 days.
• Cabinet decision communication: within 30 days.

• Approval turnaround:
  • Existing ports: ≤ 6 months.
  • New ports: ≥ 24 months.

6. Cabinet Approval

• Final decision rests with Cabinet.
• Department of Transport communicates the outcome to the Authority.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Ports Act: Guiding Principles on Proclamation Process

G 52883 GeN 3318

20 June 2025

52883gen3318.pdf

 1. Application by the National Ports Authority

• Submit a written notice of intent to the Minister of Transport.
• Include coordinates of land parcels.

• Provide:
  • A business case with a needs analysis.
  • A viability study (economic and operational).
  • A Strategic Environmental Assessment (SEA) report.
  • A simulation of port-city integration.

2. Supporting Documentation

• Submit within 12 months of application.
• Must conform to municipal zoning regulations.
• Present to Port Consultative Committees.

3. Stakeholder Consultation

• Minister advertises the application in the Government Gazette and media.
• Gazette must include land coordinates.
• Stakeholders have 45 working days to respond.
• Municipality must be consulted if boundaries are affected.
• Must align with the municipality’s Integrated Development Plan (IDP).

4. Stakeholder Responsibilities

• Department of Transport: Manages the proclamation process.
• National Port Consultative Committee: Provides support or objections.
• General Public & Affected Parties: Submit inputs.
• Transport Economic Regulator: Manages disputes and ensures alignment.

5. Submission Requirements

• Include:
  • Proposed boundary changes.
  • SEIA report.
  • Viability study.
  • Development model (for new ports).
  • Detailed timelines.

6. Advertisement and Communication

• Department advertises for 30 days to receive public input.
• Stakeholder consultation dates advertised by NPCC Chairperson.
• Authority must present at stakeholder meetings.

7. Timeframes

8. Cabinet Approval

• Minister must obtain Cabinet approval.
• Department communicates the decision to the Authority.

AGRICULTURE ARTICLES

SOUTH AFRICA

The New South African Plant Breeders’ Rights Act No. 12 of 2018 comes into force

The long-awaited new South African Plant Breeders’ Rights Act No. 12 of 2018 (the New Act) came into operation as of 1 June 2025, and following the publication of Regulations to the new Act on 13 June 2025, the New Act is in force. The New Act repeals the Plant Breeders’ Right Act No. 15 of 1976 (the Old Act).

As from 13 June 2025, all new Plant Breeders’ Rights (PBR) applications must be filed in terms of the New Act, and will fall under the provisions of the New Act.

Aligning to international conventions

One of the main aims of the New Act is to bring South Africa’s Plant Breeders’ Rights (PBR) Laws into line with the 1991 Act of the UPOV Convention. In this regard, the New Act now applies to all plant genera and species.

The New Act increases the protection afforded to PBR owners significantly, by:

1.     Increasing the term of protection for specified fruit trees, vines, sugar cane and potatoes to 30 years, and 25 years for all other crops, calculated from the date of registration.

2.     Removing the so-called “Farmer’s Privilege from “Medium Scale Commercial”, “Large Scale Commercial” and “Mega/Corporate” Farmers. The Farmer’s Privilege still applies to “Vulnerable Household” and “Subsistence Household” Farmers who may not only save propagating material but also exchange propagating material, but only in respect of certain types of plants and for a maximum amount of material. The types of plants and amounts are provided for in Regulation 6. The listed are in the Agricultural and Vegetable Crops, and also Fruit Crops. The Farmer’s Privilege still applies to “Small Holder” Farmers who may save propagating material, but only in respect of certain types of plants and for a maximum amount of material.A farmer who produces quantities of protected varieties for the kinds of plants listed in excess of the maximum quantities prescribed in Regulation 6 may save propagating material, but inter alia needs to notify the PBR owner of the volumes of propagating material saved and pay the PBR owner a reasonable royalty on the material saved. Definitions are provided in the Regulations for the different types of farmers.The types of plants and amount of material are listed in Regulation 6. The amount of material has been reduced considerably compared to the amount of material originally proposed in the draft Regulations.

For example:

• Groundnut is reduced from 2000kg to 50kg,
• Zea Mays L. is reduced from 3000kg to 12kg
• Fruit Crops is reduced from 100 to 5 per kind.

3.     Making the infringement of a PBR a criminal offence – A person convicted of such an offence will be liable to a fine infringement for a period not exceeding 10 years, or both such fine and imprisonment.

4.     Extending the period of “Sole Right” (the period during which the Registrar may not issue a compulsory licence), for fruit trees, vines, sugar can and potatoes to 8 years, and for all other crops from to 5 years.

5.     Grants provisional protection automatically on application.

Under the Old Act it was necessary to submit plant material for most types of plants, for DUS testing in South Africa. The was a time limit of 12 months for making material available for DUS testing, but was possible, at the Registrar’s discretion, to extend the deadline for submitting plant material indefinitely.

In terms of the New Plant Breeders’ Rights Act, in the case of potatoes, trees and vines, the required amount of plant material must be made available for tests and trials within 5 years from the filing date and the applicant or agent must deliver the material to the office of the Registrar or inform the Registrar of the location of the material as applicable, and in the case of all other crops, the required amount of plant material must be delivered to the office of the Registrar within 24 months from the filing date. It is possible to apply to the for an extension not exceeding the initial period, and in the event of imported material. The application must be accompanied with a sworn affidavit as proof that the plant material has been imported into the Republic.

Further notable changes are that the New Act:

• Provides clarity that protection extends to a product made directly from harvested material.
• Clarifies that the acts of Conditioning plant material constitute an infringement.
• Provides clarity on certain acts (relating to multiplication, transfer of ownership and testing) that will not constitute a “sale”, relevant to the novelty requirements of a PBR application.
• The annual fee must be paid by 31 March each year, with a six-month extension of time available.

More detailed information on these changes is provided below.

1. Prescribed List of Plants in the Plant Breeders’ Rights

The New Act applies to all plant genera a species (there is no longer a prescribed list of plants as the was under he Old Act). This is a step that brings the new Act into line with the UPOV 1991 Act.

2. Duration

Under the Old Act, the duration of a plant breeders’ right was 25 years in the case of vines and trees, and 20 years in all other cases calculated from the date of grant.

In terms of the New Act and Regulations, the Increasing the term of protection for fruit trees, vines, sugar cand and potatoes specified in Table 2 of the Regulations (below) to 30 years, and 25 years for all other crops, calculated from the date of registration.

3. Exceptions to Plant Breeders’ Rights – “Farmer’s Privilege”

The “Famer’s Privilege” provisions of the Old Act have been replaced with a new Section and Regulations which provide for certain categories of farmers who may use the protected variety, categories of plants that may be used, the uses to which the protected variety may be put, and, where applicable, conditions for payment of royalties and labelling requirements.

Regulation 5(2) defines six categories of farmers:

a) Household Farmer (Vulnerable): a farmer that produces primarily for household consumption and has limited resources and skills to operate a market-oriented production system. This category Includes child headed households, and households producing In communal land and commonages that are registered as Indigents or meet the criteria for registration as indigents with their municipality.

b) Household Farmer (Subsistence): a farmer that produces primarily for household consumption. These farmers are not or would not be classified as indigents by their municipalities. They may market limited surplus production with an annual turnover of less than R50 000.

c) Smallholder Farmer: a farmer or entity that produces (at primary, secondary and tertiary levels) for household consumption and markets, therefore, farming is consciously undertaken in order to meet the needs of the household and derive a source of income. These are usually new entrants spiring to produce for the market at a profit with a maximum annual turnover ranging from R50 0001 to R1 million per annum.

d) Medium Scale Commercial Farmer: an individual or entity that produces and sells agricultural commodities for the purpose to make a profit. These are established enterprises producing for the market to make profit with an annual turnover ranging from R1 000 001 – R10 million). They are eligible for VAT registration and requires a water use licence authorisation in terms of the relevant national legislation.

e) Large Scale Commercial Farmer: an individual or entity that produces and sells agricultural commodities for the purpose to make a profit. These are established enterprises producing for the market to make profit with an annual turnover ranging from R10 000 001 – R50 million). They are eligible for VAT registration and requires a water use licence authorisation in terms of the relevant national legislation.

f) Mega/Corporate Farmer: an individual or entity that produces and sells agricultural commodities for the purpose to make a profit. These are established enterprises producing for the market to make profit with an annual turnover above R50 million). They are eligible for VAT registration and requires a water use licence authorisation in terms of the relevant national legislation.

Regulation 5(3) provides that a PBR will not be infringed by:

a) A farmer included in sub-regulation 2(a) and (b) (i.e. Subsistence and Vulnerable Household Farmers), who produces protected varieties for the kinds of plants listed in Regulation 6 and save on their own holding, or exchange within categories in sub-regulation 2(a) and (b) for propagating purposes the product of the harvest which they obtained by planting, on their own holding the propagating material of such protected varieties.

A copy of Regulation 6 is below.

b) A farmer included in sub-regulation 2(c) (i.e. Small Holder Farmrs), who produces protected varieties for the kinds of plants listed in Regulation 6 and save for propagation purposes on their own holding, the product of the harvest which they obtained by planting, on their own holding the protected variety of a kind of plant listed in Regulation 6.

c) A farmer who produces quantities of protected varieties for the kinds of plants listed in excess of the maximum quantities prescribed in Regulation 6 may save material for propagating on their own holding, but inter alia needs to notify the PBR owner of the volumes of propagating material saved and pay the PBR owner a reasonable royalty on the material saved.

d) The “Farmer’s Privilege” does not apply to farmers included in sub-regulations 2(d), (e) and (f0, i.e. it does not apply to Medium Scale, Large Scale and Mega/Corporate Commercial Farmers. Further, it does not apply to ornamental plants or any plants not listed in Regulation 6.

4. Criminal Offence

Infringement of a Plant Breeders’ Right is now a criminal offence. A person convicted of such an offence will be liable to a fine infringement for a period not exceeding 10 years, or both such fine and imprisonment. The Magistrates Court has jurisdiction to impose the penalty.

The Registrar of Plant Breeders’ Rights may obtain a warrant (issued by a Magistrate) to inspect any premises where there is suspicion of infringement of a Plant Breeders’ Right. During the inspection, the Registrar may take samples and seizes plants, propagating material, substances, books and records.

 5. Term of Sole Right

The period of “Sole Right” (the period during which the Registrar may not issue a compulsory licence), for fruit trees, vines, sugar can and potatoes specified in Table 2 from 5 years to 8 years, and for all other crops from 3 years to 5 years.

6. Provisional Protection

Provisional Protection is granted automatically on application for a PBR. Under the Old Act, an applicant had to make a request for provisional, and give an undertaking that, while the provisional protection was in force, it would not sell or consent to sell reproductive material of the variety in South Africa.

7. DUS Tests and Trials

The Regulations provide that material for tests and trials must be provided to the Registrar:

1.     In the case of potatoes, trees and vines, the required amount of plant material must be made available for tests and trials within 5 years from the filing date and the applicant or agent must deliver the material to the office of the Registrar or inform the Registrar of the location of the material as applicable;

2.     In the case of all other crops, the required amount of plant material must be delivered to the office of the Registrar within 24 months from the filing date; and

3.     The specific of amounts of material to be submitted is obtainable from the office of the Registrar.

It is possible to apply to the for an extension not exceeding the initial period stipulated In subsection 18(1); and in the event of imported material, the application must be accompanied with a sworn affidavit as proof that the plant material has been imported into the Republic.

8. Protection of Harvested Material

The New Plant Breeders’ Rights Act includes a definition of plant material: in relation to a variety, material means:

a) any propagating material;
b) harvested material, including an entire plant or any part of a plant; or
c) any product made directly from the harvested material.

This definition provides clarity that protection extends only to a product made directly from harvested material.

9. Conditioning

A definition has been inserted into the New Act for the term “Conditioning”: in relation to propagating material of a plant variety, conditioning means:

a) cleaning, drying, coating, sorting, grading or packaging of the material;
b) testing for germination and vigour; or
c) any other similar treatment,

undertaken for the purposes of preparing the material for propagation or sale

10. Sale

In terms of the novelty requirements under New Act, the following actions do not constitute a sale of material:

a) the sole purpose of the sale is for the person to multiply plant material of that plant variety on behalf of the breeder;
b) by virtue of the agreement of sale, ownership in the new plant material vests in the breeder immediately after the material has been multiplied; or
c) the sale is part of an agreement under which the person agrees to use plant material of that variety for the sole purpose of evaluating the variety in one or more of the following tests or trials;

1.      field trials;

2.     laboratory tests;

3.     small-scale processing; or

4.     tests or trials prescribed for the purposes of this paragraph.

11. Payment of Annual Fees:

The annual fee must be paid by 31 March each year, with a six-month extension of time available.

David Cochrane

Spoor & Fisher

Savings for consumers: Steenhuisen revokes controversial bread inspection contract

Various national bodies and retailers have welcomed the removal of Leaf Services as an assignee.

The Money Show’s Stephen Grootes talks to Matlou Setati from the Consumer Goods Council of SA.

There’s been a sigh of relief after the Agriculture Minister John Steenhuisen revoked a controversial contract with the company Leaf Services to carry out inspections of grain industry products.

The organisations and retailers that welcomed the news include Pick n Pay, Grain SA and the Consumer Goods Council of South Africa (CGCSA).

Leaf Services’ inspection fees for the grain industry would have added tens of millions of rand to the cost of grain and oilseeds, the Department of Agriculture said in a statement.

“Considering the importance of the need to ensure that products, which amongst others form a staple diet of South Africans, are compliant with mandatory regulations, the Department of Agriculture’s Inspection Unit will take over the mandate of inspection of grain and grain products whilst a potent private–public partnership inspection model as provided for in the Act is explored.”

Department of Agriculture

Matlou Setati, the CGCSA’s Executive for Food Safety and Sustainability, notes that they have taken this matter to court a number of times since the contract was put in place in 2016.

“The sector is not opposed to being inspected and they do their own inspections to ensure they comply, however it was the way this was set up that we had problems with.”

Matlou Setati, Executive: Food Safety and Sustainability – CGCSA

Matati says that over and above the money, time and effort the Leaf Service inspection system would have entailed, what should also be borne in mind is the socio-economic impact the implementation of this contract would have on the consumer in the long run.

“The Department put six assignees in place originally, three have had their licenses revoked and three are still in operation. We’re saying there needs to be procedural fairness, and intentional consultation with the industry.”

Matlou Setati, Executive: Food Safety and Sustainability – CGCSA

Primedia

CITIZENSHIP ARTICLES

SOUTH AFRICA

TymeBank calls for Home Affairs to halt 6 500% fee hike

CEO Coenraad Jonker says shocking ID verification costs ‘will push the poorest further into poverty’.

JIMMY MOYAHA: The Department of Home Affairs has announced that it will be undergoing a couple of changes from a business perspective. Those changes include upgrading some of their systems but also increasing their ID verification fee among other fees. It doesn’t seem like a significant increase, but when you do the maths and you realise that in some cases the fee increases are more than 6 000%, it starts to become a real concern around why this is happening.

We did reach out to the team at the Department of Home Affairs to get some commentary around this. They have not yet responded to us. But the individual who did respond is the same individual, the co-founder and CEO of the Tyme Group, Coenraad Jonker, who wrote a letter to the minister of the Department of Home Affairs.

He wrote a letter to the department, saying that this increase is not only unnecessary; it is probably detrimental to South Africans and consumers at large.

I’m joined on the line by Coenraad Jonker to take a look at this and see if we can make sense of it. Oom Coen, lovely to have you back on the show. It’s been a while since we’ve spoken. Let’s start with a bit of an understanding around what seems to be driving this increase.

COENRAAD JONKER: Jimmy, good to speak to you. The department has had problems with the current system. By their own admission the system is down 50% of the time, so they desperately need a new system. And what they now are proposing to do is to very significantly increase the fees that they charge users of the system, in order to pay for the upgrade of the system.

That in principle we agree with. We think that it is very important that the system works well, and we absolutely agree that the system needs an upgrade. The problem is that overnight they have instituted a 6 500% increase, and this is having all sorts of unintended consequences.

The direst one, from our perspective, is that it is making it unprofitable to provide the current service players like us [to serve] the poorest South Africans at the price we are providing services right now.

Now, if you think about the unit economics of this, Jimmy, it’s quite simple. If you suddenly have a massive increase in your cost of providing a service, you have one of two options as a private-sector business. You either increase the cost, in which case the customer can no longer afford it and stops using the service – or uses it less and less – or you absorb the cost by cross-subsidising that customer from other customer segments.

The reality of market economics is that no shareholders will allow a business to continue to run unprofitable customer segments forever. At some point one becomes unenthusiastic about serving those customers.

So we have as a business worked extremely hard over many years to have a business operating model that is cost efficient enough to serve the poorest South Africans – including social-grant recipients – profitably. This decision by the minister is actually putting all that work at risk and taking us back, away from the path of inclusion and digital transformation into a world where we are again going to start excluding people from the services of the formal economy.

JIMMY MOYAHA: Now, Oom Coen, you’ve put together quite a comprehensive letter to the minister, asking him to reconsider his position on this. And one thing I appreciate in having these sorts of engagements is when people put together not just the problem side of it, but alternative solutions as well.

What are you proposing the minister consider as alternatives here?

COENRAAD JONKER: In the letter we go to some lengths in proposing an approach. What we are saying is we do think it’s okay to increase prices. It should be done reasonably with due notice to the industry players over time and should take into account that the underlying economic dynamics of serving customers – for instance, there have to be volume discounts for players like us who do hundreds of thousands of these lookups in a given month.

It has to be a lot more nuanced; it has to be a lot more thoughtful.

We also suggest that there are a lot cheaper ways to do this than seems to be suggested by the minister at the moment. This is simply a database lookup. The incremental cost of a database lookup should be in fractions of cents, not the R10 per lookup that the Department of Home Affairs is now proposing to charge the industry.

JIMMY MOYAHA: Oom Coen, let’s go back to that conversation around inclusivity. You mentioned, of course, digital access and inclusivity. This is something that has been a cornerstone of the Tyme Group since it was founded. It’s something we’ve spoken about in the past. I’ve spoken to various members of Tyme – yourself, Cheslyn Jacobs, Karl Westvig. We’ve had this conversation that digital inclusion and financial inclusion are what moves forward an economy like the African economy.

When we look at the risk that this poses to that, can we look at what some of implications if a business like the Time Group says, ‘Do you know what – we’re not going to run the service anymore’.

COENRAAD JONKER: The way we think about it and the way the World Bank describes this is that in order to create a digital and financial inclusion the government has three jobs.

The first is to provide an accessible and reliable biometric database, which is what we’re talking about this evening.

The second is to provide free or near-free real-time digital payments.

And the third is to provide an open banking framework that allows customers access to their own financial information, so that they can shop around for the best-priced service and the best quality service in the market.

Now, what this decision by the minister does is it actually puts that first one of the three at risk by pricing it too expensively. To put it into perspective for you, before this price increase South Africa was one of the most inclusively priced countries in the world on this front.

The new price increase makes our price double the price of the most expensive peer-group countries in the world.

So it’s clearly out of kilter with what is regarded as ‘world best practice’ for this service. What does that mean? It means, for instance, that a customer who gets a bank account and who currently in the TymeBank world does not have to pay a monthly fee, if we pass this cost on [the customer] would either have to pay to get a bank account, which we think of as not acceptable, or they would have to start paying a monthly fee.

We might think well, a monthly fee is not so bad. It’s not so bad for us if you get a salary coming predictably into your into your bank account every month. But, for somebody who some month has no money, that monthly fee is a big problem.

And the way people put it when we speak to them on the street, is, ‘The bank eats my money’, which means, ‘In a month where I have no money I actually go into negative for that because the bank is charging me a fee’. And these kinds of over-the-top costs for utilities that are the government’s job to provide become essentially regressive.

They actually tax the poor.

JIMMY MOYAHA: Taxing the poor is the last thing that we want to be doing. We want to have a sustainable solution to this particular problem. Hopefully this is addressed by the Minister of Home Affairs and addressed in time, because from what we understand this is going to come into effect on the 1st of July – effectively next week.

So we’ll keep an eye on the story and we’ll see how it develops – and we’ll keep you informed. Thank you so much, Coenraad Jonker, co-founder and CEO of the Tyme Group, who joined us to take a look at this and the implications it would then have on South Africans.

Jimmy Moyaha

Moneyweb

EDUCATION ARTICLES

SOUTH AFRICA

Education committee condemns infrastructure failures

Chairperson of the Select Committee on Education, Sciences, and Creative Industries, Makhi Feni, has addressed a range of urgent national issues affecting the basic education sector.

Speaking at the Social Services Cluster Briefing yesterday, he highlighted challenges ranging from infrastructure damage caused by recent floods to the implementation of progressive education legislation, including the BELA Act and the Early Childhood Development Amendment Act.

Feni expressed his condolences following a tragic incident where 13 schoolchildren died after a minibus fell into a river while crossing a bridge in the Eastern Cape.

He described it as a national tragedy that reflects broader infrastructure and safety failures.

“We lost the future. As the committee, we are with the families. We are feeling what they are feeling,” Feni said.

He emphasised the committee’s commitment to investigating the incident and supporting the affected families. He confirmed that oversight visits and a full disaster management report would be pursued to investigate possible negligence or poor workmanship in infrastructure projects.

Feni stressed the importance of accountability in infrastructure spending, especially after floods have severely damaged school properties across the country.

“We do not want to find ourselves rebuilding because someone ticked a box without providing quality.”

Feni said the committee would work with the Auditor General to monitor the use of public funds and submit quarterly broadcast reports to ensure transparency.

Feni also welcomed the implementation of the BELA Act, signed into law in 2023, which mandates Compulsory Grade R and emphasises early childhood education. The BELA Act (Basic Education Laws Amendment), aimed at eliminating discriminatory admissions policies and ensuring equal access to public schools, is central to the committee’s oversight.

“Implementation of the BELA Act is not an option to schools, but a law of the republic,” Feni said. “There will be no no-go areas. All schools must be open to all our kids, regardless of race or class.” He warned against those resisting transformation, noting some schools still behave as though they serve only specific racial groups.

Feni highlighted the importance of qualified educators for early childhood development (ECD), particularly for children with disabilities, asserting it is a constitutional mandate, not a favour. He stressed inclusive support from birth through Grade R and the importance of dedicated infrastructure and skilled staff for learners with special needs.

The committee acknowledged the strain on schools in Gauteng, Western Cape, and KZN due to internal migration patterns, calling for data-driven planning and maintenance of schools to address overcrowding in economically active provinces.

Turning to governance and SETA boards (Sector Education and Training Authorities), Feni warned against politicisation and nepotism:

“Deserving candidates must not be disadvantaged due to political affiliation,” Feni said.

“Women must be appointed to chair these boards.”

Hope Ntanzi

The Mercury

FINANCE ARTICLES

SOUTH AFRICA

Three banks hit with sanctions in South Africa

The Prudential Authority has given HBZ Bank Limited, Citibank and Bank of Taiwan administrative sanctions for failing to comply with the Financial Intelligence Centre (FIC) Act.

The Prudential Authority is part of the South African Reserve Bank (SARB) and is mandated to supervise and enforce compliance by accountable institutions with the provisions of the FIC Act.

It oversees banks, insurers, and other financial institutions to safeguard the soundness of the financial system and promote economic stability.

Ensuring compliance with the FIC Act means financial service providers can identify and report suspicious transactions and maintain strong internal controls to prevent money laundering.

The Prudential Authority will impose administrative sanctions when financial service providers fail to meet these obligations, which can include monetary penalties.

That said, the sanctions do not imply that the banks were involved in criminal conduct, but rather that their compliance systems can be improved.

With South Africa being placed on the FATF greylist in 2023, there has been a rise in major financial service providers receiving administrative sanctions, including Absa, Capitec and Standard Bank.

The new administrative sanctions for HBZ Bank Limited, Citibank and Bank of Taiwan all relate to failures to comply with specific provisions of the FIC Act, following inspections conducted in 2022.

The Prudential Authority said all three banks cooperated and undertook remedial action to address the identified compliance deficiencies and control weaknesses.

HBZ Bank Limited

HBHBZ Bank Limited is a subsidiary of Habib Bank AG Zurich, a Swiss bank founded in 1967, and received a financial penalty.

The administrative sanctions imposed on HBZ consist of three cautions not to repeat the conduct, which led to the non-compliance, two reprimands and a financial penalty totalling R9 million.

R1.5 million of the financial penalty is conditionally suspended for 24 months as from 5 March 2025.

The Prudential Authority said that the administrative sanctions stem from several examples of HBZ’s non-compliance.

This includes failure to comply with customer due diligence in that it failed to adequately conduct CDD and enhanced due diligence on 18 active medium-risk-rated and five active high-risk-rated client files.

The Prudential Authority imposed a caution not to repeat the conduct, which led to the non-compliance, as well as a financial penalty of R6 million, R1 million of which is conditionally suspended.

The bank also failed to keep records of one of its high-risk trade finance active and terminated client relationships.

It received a caution not to repeat the conduct which led to the non-compliance and a reprimand.

Finally, it failed to comply with section 42 of the FIC Act in that it failed to:

•        Provide a documented rationale for reaching the conclusion that trade finance as a transaction type is assigned an inherent risk rating of ‘medium’ in the context of its business model.

•        Provide a precise or confirmed residual risk rating for trade finance as a transaction type.

•        Implement its Risk Management and Compliance Programme (RMCP) with seven of the assessed advance payment transactions; and

•        Implement its RMCP about its CDD and record-keeping obligations.

For this, the Prudential Authority imposed a caution not to repeat the conduct, which led to the non-compliance, a reprimand and a financial penalty of R3 million, with R500,000 conditionally suspended.

Citibank

The Prudential Authority also imposed administrative sanctions on the South African branch of Citibank, one of the largest banks in the world.

The administrative sanctions imposed on Citibank consist of a caution not to repeat the conduct, which led to the non-compliance and a financial penalty totalling R6 million.

The fine is, however, fully and conditionally suspended for a period of 12 months as from 5 March 2025.

The administrative sanctions stem from Citbank’s failure to implement its Risk Management and Compliance Programme in relation to the assessed advance payment transactions.

Bank of Taiwan, South Africa Branch

Bank of Taiwan, South Africa Branch (BOTSA) was opened in 1992 and features a global correspondent banking network.

Its administrative sanctions stem from BOTSA’s failure to comply with section 42 of the FIC Act, in which it failed to:

•        Provide evidence that material amendments relating to its Risk Management and Compliance Programme (RMCP) Introduction Manual had been approved by the Executive Committee of BOTSA before their implementation;

•        Adequately manage the recording of the yearly review of its RMCP Introduction Manual, as stated in its governance policy;

•        Implement its RMCP and undertake the requisite due diligence measures in relation

•        to two of its assessed correspondent banking relationships in respect of Vostro

•        accounts; and

•        Provide evidence that the Screening of Customers and Transactions Manual had been reviewed and approved after 2020.

Unlike HBZ Bank Limited and Citibank, BOTSA received no financial penalty from the Prudential Authority.

BusinessLive

TOBACCO ARTICLES

SOUTH AFRICA

New laws will force bars and restaurants to make big changes in South Africa

South African liquor traders are hitting back at proposed new smoking laws for South Africa that will force taverns, bars and restaurants to restructure.

This would include forcing patrons outside to smoke, actively policing their behaviour, and enforcing structural guidelines that are impractical and potentially dangerous for the majority of bars.

The Department of Health is currently processing the Tobacco Products and Electronic Delivery Systems Control Bill, which aims to make significant changes to the country’s smoking laws.

Among the notable changes, the laws would ban the display advertising of tobacco products, regulate and standardise packaging, and bring in new controls for e-cigarettes and vaping.

While pubs, bars and taverns would be impacted by these laws as well—such as the banning of tobacco vending machines—it’s the changes to where people are allowed to smoke that presents the biggest issue.

Under the laws, there would be a complete ban on smoking indoors and in certain outdoor public spaces.

According to industry bodies, this presents a significant challenge to places like taverns and bars, or even restaurants, hotels and guest houses, who will have to bear the costs of restructuring their businesses.

Giving its input on the new laws, the Gauteng Liquor Traders Association (GLTA) noted that the previous revisions to South Africa’s smoking laws already forced these businesses to designate certain space for smoking.

The space designated, by law, was 25% of the establishment. The association said that many smaller businesses had to take out loans to create this space for smoking patrons.

Now, with the new laws proposing that these areas be abolshed, this will come with an additional cost to these businesses, who have to create new legal spaces for people to smoke.

While this may be manageable for bigger business in formal environments, it is completely impractical in informal settlements or townships which make up a huge part of the sector, the association said.

“The bill will ban all indoor smoking, and patrons will instead need to find an area outdoors to smoke, which is not near a window, ventilation or entrance of exit.”

“The Minister has discretion over this distance, but the Department of Health previously suggested 10 metres. This provision is totally unworkable in a township environment. No matter what distance the Minister prescribes, it will be impossible in a township,” it said.

The association added that there are also safety concerns involved. Patrons may have to move to isolated areas to smoke, away from security of the main building, leaving them vulnerable to crime.

If owners or employees want to smoke, they too have to step away from the main building, potentially leaving the tavern itself vulnerable, or cutting productivity of workers who have to travel further away.

While the association’s concerns are focused on informal traders in townships, it said that the new laws would impact all businesses that have designated smoking areas in line with the current laws, and all would incur costs.

Crime and punishment

By making it more difficult for businesses to trade, the government also risks pushing more operations into the illicit market.

According to Business Against Crime South Africa (BACSA), the bill’s failure to adequately address already entrenched illicit trade may inadvertently strengthen criminal networks and compromise the integrity of legitimate supply chains.

“The illicit tobacco market is currently estimated to comprise 60–70 % of all tobacco sales, costing the fiscus approximately R18 billion annually and removing these taxes from the national budget,” the group said.

“Despite this, the draft bill includes no specific enforcement mechanisms targeting illicit trade, nor does it propose tools such as track‑and‑trace systems or enhanced border controls.”

The GLTA pointed to a more direct issue: the new laws create a slew of offences that could be ripe for corruption, including from those who would be enforcing the laws.

It said that it is no secret that there are certain elements of the SAPS and law enforcement that use any opportunity to extract a bribe.

“If laws are not adhered to, or a tavern or restaurant owner fails to spot an errant smoker, you create more opportunities for corruption,” it said.

The penalty for smoking in a banned area is three months in prison, and/or a fine. The penalty for smoking near a non-smoking employee is 10 years in prison and/or a fine.

“Surely there are more serious crimes that our law enforcement and justice system should focus on for the sake of the country,” the association said.

Businesstech