BY-LAWS

City Of Johannesburg Metropolitan Municipality CCTV By-Law

ENVIRONMENTAL

National Environmental Management Act:Regulations: Management of Mercury in South Africa: Withdrawal

PUBLIC SECTOR

Public Audit Act: Audit Directive for 2025

QUANTITY SURVEYING

Quantity Surveying Profession Act: South African Council for the Quantity Surveying Profession: 2024 Guideline Tariff of Professional Fees: Amendment

• ‘No more extensions’ for small business registrations, says minister

• SA crypto exchanges review security after R27.5bn hack at Bybit

• National Consumer Tribunal Fines Cell C R500000

• Constitutional Court refuses attempts of an engineering company to review and set aside SIU investigation report on electrification of Limpopo villages

• Anglo Gold Ashanti Hospital lease and refurbishment contracts worth over R600 million declared invalid and unlawful

• SA a step closer to being removed from greylist, says FATF

• Prescribed Rate of Interest is 11.00 % from 1 March 2025

• Johannesburg Introduces New By-Law For CCTV Surveillance Regulation

• Uproar as City of Johannesburg passes by-law to regulate private citizens’ CCTV cameras

AGRICULTURE

LAW AND TYPE OF NOTICE

Conservation of Agricultural Resources Act and Subdivision of Agricultural Land Act:

Revised tariffs, rates and scales for goods and services

G 52150 RG 11796 GoN 5876

21 February 2025

APPLIES TO: 

1.     Farmers and Land Users: Those who need to control listed species of the genus Opuntia and Nasella, and those who may face penalties for unauthorized activities under CARA.

2.     Applicants for Permits and Authorizations: Individuals or entities applying for permits and authorizations under CARA and SALA.

3.     Appeal Filers: Those who need to file appeals under CARA and SALA.

4.     Non-compliant Parties: Individuals or entities that do not comply with the conditions of approval under SALA.

SUMMED UP

Revised Tariffs, Rates, and Scales for Goods and Services

Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983

1.     Appeal Tariff:

·       Effective from April 1, 2025: R1,564.00 per appeal.

2.     Herbicide Cost:

·       50% of the average cost of herbicide for controlling listed species of the genus Opuntia and Nasella by farmers.

3.     Application Fee:

·       Effective from April 1, 2025: R500.00 per application.

4.     Penalties for Unauthorized Activities:

·       First contravention: R100,000.00 fine.

·       Second or subsequent contraventions: R200,000.00 fine.

Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970

1.     Appeal Tariff:

·       Effective from April 1, 2025: R20,000.00 per appeal.

2.     Application Fee:

·       Effective from April 1, 2025: R1,000.00 per application.

3.     Non-compliance Penalty:

·       Effective from April 1, 2025: R50,000.00 per non-compliance.

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. R. 5876 21 February 2025

REVISED TARIFFS, RATES AND SCALES FOR THE GOODS AND SERVICES PROVIDED BY THE DEPARTMENT IN TERMS OF THE CONSERVATION OF AGRICULTURAL RESOURCES ACT (CARA), ACT NO. 43 OF 1983 AND SUBDIVISION OF AGRICULTURAL LAND ACT (SALA), ACT NO. 70 OF 1970

NOTICE FOR PUBLIC

I, John Henry Steenhuisen, Minister for Agriculture hereby give notice to all interested institutions, organizations, and individuals on the revised tariffs for services rendered in terms of the Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983 and Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970.

Key revision includes:

Updating and new tariffs for the goods, services or supplies rendered under the Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983 and Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970 legislations.

1. Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983

1.1 Appeal tariff applicable from 1 April 2025 is R 1 564.00 per appeal.

1.2 50% of average cost of herbicide for control of listed species of the genus and Nasella by farmers

1.3 Application fee for all the application lodged in terms of Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983 effective from 1 April 2025 is R500.00.

1.4 Penalties for unauthorized/ unlawful activities for all CARA, Act No. 43 of 1983 Regulations effective from 1 April 2025, the land user or offender will be liable for a fine of 100 000.00 for a first contravention of the Act and its Regulations. For a second or subsequent contraventions of the Act and its Regulations will be liable for a fine of R200 000.

2. Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970

2.1 Appeal tariff applicable from 1 April 2025 is R 20 000.00 per appeal

2.2 Application fee for all the application lodged in terms of Subdivision of Agricultural Land Act, Act 70 of 1970 effective from 1 April 2025 is R1 000.00.

2.3 Non-compliance to conditions of approval in terms of the Subdivision of Agricultural Land Act, Act 70 of 1970 effective from 1 April 2025 is R50 000.00.

For more information, please contact the Executive Officer for the Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983 and Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970, using the details below:

Attention: The Acting Director: Land and Soil Management, Attention Mr R.K. Mampholo.

Post to: Private Bag X 120, Pretoria, 0001; or

Deliver To: 20 Steve Biko Street, Acadia, PRETORIA.

or Enquiries in relation to Conservation of Agricultural Resources Act (CARA), Act No. 43 of 1983, may be emailed to: MpumeN@dalrrd.gov.za

or alternatively (012) 319 7567.

or Enquiries in relation to Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970, may be emailed to: SydneyS@dalrrd.gov.za or

alternatively (012) 319 7563.

LINK TO FULL NOTICE

Conservation of Agricultural Resources Act and Subdivision of Agricultural Land Act: Revised tariffs, rates and scales for goods and services

G 52150 RG 11796 GoN 5876

21 February 2025

52150rg11796gon5876.pdf

ACTION

Conservation of Agricultural Resources Act (CARA)

1.     Appeals:

·       Ensure that any appeals are filed with the updated tariff of R1,564.00 per appeal, effective from April 1, 2025.

2.     Herbicide Costs:

·       Budget for 50% of the average cost of herbicide for controlling listed species of the genus Opuntia and Nasella.

3.     Application Fees:

·       Prepare to pay an application fee of R500.00 for all applications lodged under CARA, effective from April 1, 2025.

4.     Penalties for Unauthorized Activities:

·       Implement strict compliance measures to avoid unauthorized activities, as fines for first contraventions are R100,000.00, and for second or subsequent contraventions, R200,000.00.

Subdivision of Agricultural Land Act (SALA)

1.     Appeals:

·       Ensure that any appeals are filed with the updated tariff of R20,000.00 per appeal, effective from April 1, 2025.

2.     Application Fees:

·       Prepare to pay an application fee of R1,000.00 for all applications lodged under SALA, effective from April 1, 2025.

3.     Non-compliance Penalties:

·       Ensure compliance with all conditions of approval to avoid a non-compliance penalty of R50,000.00.

General Compliance Actions

• Review and Update Policies: Regularly review and update internal policies and procedures to align with the latest regulations.
• Training and Awareness: Conduct training sessions for staff to ensure they are aware of the new tariffs, fees, and penalties.
• Record Keeping: Maintain accurate records of all applications, appeals, and compliance activities.
• Regular Audits: Perform regular internal audits to ensure compliance with CARA and SALA regulations.
• Consultation: Seek advice from legal or compliance experts to ensure all actions are in line with the updated regulations.

LAW AND TYPE OF NOTICE

Plant Improvement Act:

Table 1: Fees Payable from 1 April 2025 to 31 March 2026

G 52185 RG 11796 GoN 5909

28 February 2025

APPLIES TO: 

1.     Agriculture: This includes farmers and agricultural businesses involved in the cultivation of crops and plants. The fees for export certificates, purity analysis, and germination tests are particularly relevant here.

2.     Horticulture: Businesses and individuals involved in the cultivation of fruits, vegetables, flowers, and ornamental plants. The variety listing fees and examination fees for different categories of crops (agronomic, vegetable, pasture, fruit) are applicable.

3.     Seed Production and Distribution: Companies that produce, test, and distribute seeds. The fees for seed analyses, technological examinations, and seed quality certificates are pertinent to this sector.

4.     Plant Nurseries: Nurseries that grow and sell plants, including those that propagate plants vegetatively. The tariffs for vegetative propagation material and the management of gene source material would be relevant.

5.     Export and Import Businesses: Companies involved in the export and import of plant and propagating materials. The fees for export certificates, sampling, sealing, and authorizations to import unlisted varieties are applicable.

6.     Laboratories and Testing Facilities: Facilities that conduct seed and plant testing, including purity analysis, germination tests, and other seed technological examinations.

7.     Research and Development: Organizations involved in the research and development of new plant varieties and propagation techniques. The fees for variety recognition, examination, and alteration of variety denominations are relevant.

8.     Regulatory and Compliance: Businesses and individuals who need to comply with the Plant Improvement Act regulations, including registration of premises and lodging appeals against decisions.

SUMMED UP

Tariffs Provided for by Legislation

1.     Issuing of Export Certificate under Section 27

·       Application for a certificate: R 122,00 per certificate

·       Inspection and sampling of plant and propagating material: R 310,00 per half hour

·       Purity analysis: R 227,00 each

·       Germination: R 1030,00 each

2.     Registration of Premises under Section 7

·       Application for registration of premises: R 495,00 for one type of business plus R 241,00 for each additional type

·       Application for renewal of registration: Same as above

·       Examination for a seed analyst: R 574,00 per person per day

·

3.     Variety Listing (Recognition of a Variety)

·       Application fee: R 1 965,00 each

·       Examination fee for variety list placement:

·       Category A: R 2 290,00 each

·       Category B: R 2 607,00 each

·       Category C: R 4 250,00 each

·       Application for alteration or supplementation of the denomination of a variety: R 3 276,00 each

4.     General

·       Perusal of a document: R 735,00 per occasion

·       Application for a copy of a document: As per Department of Justice and Constitutional Development

·       Lodgment of appeal: R 7 847,00 each

Tariffs Not Provided for by Legislation

1.     Unjustified Complaints Concerning Plants or Propagation Material

·       Inspection, sampling, and sealing: R 310,00 per half hour

·       Various purity analyses and germination tests with fees ranging from R 227,00 to R 1 229,00 each

2.     Seed Analyses and Seed Technological Examinations

·       Purity analysis: R 227,00 each

·       Germination test: R 1 030,00 each

·       Other tests and services with fees ranging from R 174,00 to R 5 521,00

3.     International Certificates

·       Issuing of seed quality certificates: R 307,00 per certificate

·       Sampling and sealing of containers: R 310,00 per half hour

4.     Seals for Sealing Containers of Seed

·       R 0,20 per seal

5.     Application for Authorisation to Import Unlisted Varieties

·       R 146,00 per authorisation for a maximum of 10 varieties

6.     Examination of Samples to Determine Conformity with Variety Descriptions

·       Fees ranging from R 2 290,00 to R 4 250,00 each

7.     Plant Improvement Services

·       Various fees for vegetative propagation material and management of gene source material

8.     Application for Addition of a Synonym for Approved Denomination of a Variety

·       R 3 276,00 each

9.     Application for Hemp Permit

·       R 751,00 each

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Plant Improvement Act: Table 1: Fees Payable from 1 April 2025 to 31 March 2026

G 52185 RG 11796 GoN 5909

28 February 2025

52185reg11796gon5909.pdf

ACTION

1. Registration and Certification

• Register Premises: Organizations must register their premises if they are involved in the business of producing, processing, or selling plant and propagating materials. This includes applying for initial registration and renewing it periodically.
• Export Certificates: If exporting plant materials, organizations need to apply for export certificates and ensure their materials meet the required standards.

2. Compliance with Testing and Analysis

• Purity Analysis and Germination Tests: Conduct necessary purity analyses and germination tests for seeds and plant materials. This ensures the quality and viability of the materials.
• Seed Technological Examinations: Perform various seed technological examinations as required, including moisture determination, tetrazolium tests, and other specific tests.

3. Variety Listing and Recognition

• Apply for Variety Recognition: Submit applications for the recognition of new plant varieties. This includes paying the relevant fees and undergoing examination for variety list placement.
• Maintain Variety Records: Keep accurate records of recognized varieties and apply for any necessary alterations or supplements to the variety denominations.

4. Documentation and Record-Keeping

• Maintain Documentation: Keep detailed records of all applications, certificates, and test results. This includes perusal and copying of documents as required by regulations.
• Lodge Appeals: If necessary, lodge appeals against decisions or steps taken by the Registrar.

5. Handling Complaints and Inspections

• Address Complaints: Handle any unjustified complaints concerning plants or propagation materials by conducting inspections, sampling, and sealing as required.
• Comply with Inspections: Allow for inspections and sampling by regulatory authorities to ensure compliance with the Act.

6. International Trade Compliance

• Import Authorizations: Apply for authorizations to import unlisted varieties and ensure compliance with import regulations.
• International Certificates: Obtain international certificates for seed quality and ensure proper sampling and sealing of containers for export.

7. Training and Development

• Train Seed Analysts: Ensure that seed analysts are properly trained and certified. This includes attending annual courses and specialist workshops on seed testing methods and techniques.

8. Special Permits and Authorizations

• Hemp Permits: Apply for permits if involved in the cultivation or processing of hemp.
• Synonym Applications: Submit applications for the addition of synonyms for approved denominations of plant varieties.

LAW AND TYPE OF NOTICE

Agricultural Pests Act: Control

Measures relating to Polyphagous Shot Hole Borer: Amendment

G 52185 RG 11796 GoN 5908

28 February 2025

APPLIES TO: 

1.     Agricultural Organizations: Farmers, agricultural businesses, and cooperatives.

2.     Land Reform Entities: Organizations involved in land redistribution and reform.

3.     Rural Development Agencies: Entities focused on the development and support of rural areas.

4.     Government Departments: Various departments that interact with agriculture, land reform, and rural development.

5.     Regulatory Bodies: Agencies responsible for enforcing agricultural and land reform regulations.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Agricultural Pests Act: Control Measures relating to Polyphagous Shot Hole Borer: Amendment

G 52185 RG 11796 GoN 5908

28 February 2025

52185reg11796gon5908.pdf

ACTION

1.     Adherence to New Regulations:

·       Ensure all agricultural practices comply with the latest regulations and standards set forth in the gazette.

·       Update internal policies and procedures to align with new land reform and rural development guidelines.

2.     Reporting Requirements:

·       Submit required reports and documentation to the relevant government departments as specified in the notices.

·       Maintain accurate records of compliance activities and make them available for inspection.

3.     Environmental Compliance:

·       Implement measures to meet environmental protection standards, including sustainable farming practices and land use management.

·       Conduct regular environmental impact assessments and audits.

4.     Land Use and Ownership:

·       Verify land ownership and usage rights in accordance with the latest land reform policies.

·       Ensure proper registration and documentation of land transactions.

5.     Training and Education:

·       Provide training for staff and stakeholders on new regulations and compliance requirements.

·       Stay informed about ongoing changes in policies and regulations through continuous education.

·

6.     Health and Safety Standards:

·       Implement health and safety protocols to protect workers and the community.

·       Regularly review and update safety procedures to comply with new standards.

7.     Financial Compliance:

·       Ensure financial practices adhere to the latest guidelines, including funding and grant management.

·       Conduct regular financial audits to ensure transparency and accountability.

8.     Community Engagement:

·       Engage with local communities to ensure compliance with rural development initiatives.

·       Participate in community development programs and projects as required.

AVIATION

LAW AND TYPE OF NOTICE

Civil Aviation Act:

Regulations and Technical Standards: Amendment

G 52151 GoN 5897

21 February 2025

APPLIES TO: 

1.     Airlines and Air Transport: Regulations on air transport operations, including the carriage of passengers and cargo, directly affect commercial airlines and cargo carriers.

2.     Helicopter Operations: Amendments related to commercial helicopter operations impact companies providing passenger, cargo, and mail services via helicopters.

3.     Medical and Health Services: Changes in medical certification and requirements affect aviation medical examiners and healthcare providers specializing in aviation medicine.

4.     Safety and Compliance: The introduction of safety management systems and accident/incident reporting standards impacts organizations responsible for aviation safety and compliance.

5.     Aircraft Manufacturing and Maintenance: Regulations on the commercial operation of non-type certified aircraft affect manufacturers and maintenance providers of such aircraft.

6.     Environmental and Regulatory Bodies: Amendments related to the aeronautical assessment of aviation obstacles and environmental protection oversight involve regulatory bodies and environmental agencies.

SUMMED UP

Key Points:

1.     Amendments to Civil Aviation Regulations:

·       Part 67.00.6: Medical Certification

·       Part 96: Commercial Operation of Non-Type Certified Aircraft

·       Part 121: Air Transport Operations for Aeroplanes with more than 19 Passengers or Cargo

·       Part 127: Commercial Helicopter Operations for Passengers, Cargo, and Mail

·       Part 140: Safety Management System

2.     Amendments to Technical Standards:

·       Part 178: Aeronautical Assessment of Aviation Obstacles

·       SA-CATS 43: Accidents and Incidents

·       SA-CATS 67: Medical Requirements (Hyperthyroidism and CAD Protocol)

·       SA-CATS 96: Commercial Operation of Non-Type Certified Aircraft

·       SA-CATS 140: Safety Management System

·       SA-CATS 178: Aeronautical Assessment of Aviation Obstacles

3.     Public Participation:

·       Draft amendments are available on the South African Civil Aviation Authority website.

·       Comments can be submitted by 24 March 2025 to the Chairperson of CARCom.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Civil Aviation Act: Regulations and Technical Standards: Amendment

G 52151 GoN 5897

21 February 2025

52151gon5897.pdf

ACTION

Ensure that you submit your comments timeously

BY-LAWS

LAW AND TYPE OF NOTICE

CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY

CCTV BY-LAW

SUMMED UP

1.     Purpose and Objectives:

·       Regulate and register privately-owned CCTV cameras in public and private spaces.

·       Ensure lawful and constitutional use of CCTV cameras to deter crime and               enhance safety.

·       Protect constitutional rights such as privacy and human dignity.

2.     Approval and Application:

·       No CCTV camera can be installed without prior written approval from the City.

·       Applications must include detailed documentation, maps, and plans.

·       Special approvals are required for installations on certain city properties like         government buildings and bridges.

3.     Exemptions and Prohibitions:

·       Unauthorized use of drone cameras is prohibited.

·       Temporary installations on city land are not allowed for more than 30 days.

4.     Data Handling and Privacy:

·       Data collected must be used solely for lawful purposes like security and law           enforcement.

·       Data must be kept confidential and only accessible to authorized persons and         law enforcement agencies.

·       Audio recording through CCTV cameras in public spaces is strictly                           prohibited.

5.     Maintenance and Inspections:

·       CCTV camera owners are responsible for maintenance and ensuring the                 cameras do not become unsightly.

·       Regular inspections may be conducted by authorized officials.

6.     Penalties:

·       Violations of the by-law can result in fines or imprisonment.

·       Unauthorized installations will be removed, and costs will be borne by the             camera owner.

FULL TEXT

DETAILS

CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY

CCTV BY-LAW

The City Manager of the City of Johannesburg Metropolitan Municipality hereby in terms of section 13(a) of the Local Government: Municipal Systems Act, 32 of 2000, read with section 162(2) of the Constitution, 1996, publishes the Privately Owned Closed Circuit Television Surveillance Camera By-Law (“CCTV Camera By-law”) for the City of Johannesburg Metropolitan Municipality as approved by its Council and will come into operation on the date of promulgation of this notice.

CONTENTS

CHAPTER 1 :INTERPRETATION AND APPLICATION

1 DEFINITIONS

2 APPLICATION

3 OBJECTIVES AND PURPOSE

4 AREAS REGULATED BY THE BY LAW

CHAPTER 2  APPROVAL AND CONSIDERATION OF APPLICATIONS

5 APPROVAL OF CCTV CAMERAS

6 CONSIDERATION OF APPLICATIONS, RENEWALS.

CHAPTER 3  EXEMPTIONS AND PROHIBITIONS

7 AREAS REQUIRING SPECIAL APPROVAL FOR THIRD PARTY INSTALLATIONS

CHAPTER 4  AMENDMENT AND WITHDRAWAL OF APPROVALS

8 WITHDRAWAL AND AMENDMENT OF APPROVALS

CHAPTER 5  APPLICATION FOR ELECTRICITY SERVICES

9 ELECTRICITY SUPPLY, POWER CABLES AND CONDUIT TO CCTV CAMERA

CHAPTER 6  ILLEGAL INSTALLATIONS AND REMOVAL

10 ILLEGALLY INSTALLED CCTV CAMERA

11 REMOVAL OF ALL ILLEGAL CCTV CAMERA INSTALLATIONS

12 APPROVED AND UNREGISTERED CCTV CAMERA IN PUBLIC SPACE AND CITY PROPERTY

CHAPTER 7  ADVERTISEMENT, LABELLING, INSURANCE AND INSPECTIONS

13 PROHIBITION OF UNAUTHORISED ADVERTISING ON CCTV CAMERA, LABELLING, RECORDS KEEPING, POST INSTALLATION INSPECTION CERTIFICATION, AND REGULAR INSPECTION …………………. 38

14 COSTS AND LIABILITY FOR DAMAGES AND INSURANCE

CHAPTER 8  PROVISIONS RELATING TO RESIDENTIAL AND PRIVATE PROPERTY

15 CCTV CAMERA ON RESIDENTIAL OR PRIVATE PROPERTY OTHER THAN CITY PROPERTY WITH A VIEW AT ANY PUBLIC SPACE

CHAPTER 9  MISCELLANEOUS PROVISIONS

16 CCTV CAMERA STRUCTURE SPECIFICATIONS FOR COMMERCIAL USE

17 HANDLING OF DATA BY COMMERCIAL APPLICANTS

18 CCTV CAMERA TO BE SECURED FROM EXTERNAL PARTY

19 PROCESSING OR USE OF INFORMATION FOR SPECIFIC PURPOSE

20 ACCESS TO CCTV CAMERA DATA BY LAW ENFORCEMENT AGENCIES

21 DISCLOSURE OF INFORMATION

22 REVIEW OF FUNCTIONING OF THE CCTV CAMERA AND REVIEW REPORT

CHAPTER 10  TRANSITIONAL ARRANGEMENTS

23 IMPLEMENTATION PROGRAMME AND REGULARISATION OF INSTALLED LEGAL CCTV CAMERA

CHAPTER 11 GENERAL PROVISIONS

24 PRIVACY OBLIGATIONS

25 PUBLIC NOTICE OF SURVEILLANCE BY CCTV CAMERA AND SIGNAGE

26 PROHIBITION AGAINST AUDIO RECORDING

27 MAINTENANCE OBLIGATIONS

28 COSTS OF REMOVAL

29 KEEPING OF DOCUMENTATION RELATING TO APPLICATION

30 PUBLIC PARTICIPATION

31 CONSIDERATION OF SUBMISSIONS

32 SERVICE OF NOTICES

33 INSPECTION

34 APPEALS

35 OFFENSES AND PENALTIES

36 TARIFFS

37 SHORT TITLE AND COMMENCEMENT

Please click on the by-law link provided below for more details.

LINK TO FULL NOTICE

CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY CCTV BY-LAW

CCTV By-Law (ITEM 69 ANNEXURE).pdf

1. Approval and Registration:

• Obtain Approval: Organizations must apply for and obtain written approval from the City before installing any CCTV cameras.
• Submit Detailed Applications: Applications must include documentation, maps, diagrams, and plans as specified in the by-law.
• Register Existing Cameras: All existing CCTV cameras on City property or private property with a view of public spaces must be registered within three months of the by-law’s promulgation.

2. Compliance with Installation Requirements:

• Special Approvals: Obtain special approvals for installations on specific City properties like government buildings, bridges, and traffic signals.
• Prohibited Installations: Avoid unauthorized use of drone cameras and temporary installations exceeding 30 days.

3. Data Handling and Privacy:

• Confidentiality: Ensure that all data collected is kept confidential and only accessible to authorized persons and law enforcement agencies.
• Lawful Use: Use data solely for lawful purposes such as security monitoring and law enforcement.
• No Audio Recording: Ensure that CCTV cameras do not have audio recording capabilities in public spaces.

4. Maintenance and Inspections:

• Regular Maintenance: Maintain CCTV cameras and ensure they do not become unsightly or deteriorate.
• Inspections: Allow authorized officials to conduct regular inspections of CCTV installations.

5. Public Notice and Signage:

• Signage: Place signs to inform the public that they are entering a monitored area.
• Public Participation: Notify adjoining property owners and display notices about new installations.

6. Insurance and Liability:

• Public Liability Insurance: Commercial applicants must take out comprehensive public liability insurance to cover potential damages and civil claims.
• Cost Responsibility: Bear all costs related to application, installation, maintenance, and potential removal of CCTV cameras.

7. Compliance with Other Laws:

• Adhere to Related By-Laws: Ensure compliance with other applicable by-laws such as the Public Road and Miscellaneous By-Laws, Outdoor Advertising By-Law, and the Protection of Personal Information Act (POPIA).

8. Penalties for Non-Compliance:

• Fines and Imprisonment: Be aware that violations of the by-law can result in fines or imprisonment.
• Removal of Unauthorized Installations: Unauthorized installations will be removed, and the costs will be borne by the camera owner.

CUSTOMS AND EXCISE

LAW AND TYPE OF NOTICE

Customs and Excise Act: Amendment to Schedule No. 1 (No. 1/1941)

G 52150 RG 11796 GoN 5879

21 February 2025

SUMMED UP

Amendments to General Note(s) O.1 in Schedule No. 1

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Customs and Excise Act: Amendment to Schedule No. 1 (No. 1/1941) (English / Afrikaans)

G 52150 RG 11796 GoN 5879

21 February 2025

52150rg11796gon58790.pdf

ACTION

Take note of the amendment.

LAW AND TYPE OF NOTICE

Customs and Excise Act: Amendment of Schedule No. 1 (No. 1/1942)

G 52150 RG 11796 GoN 5878

21 February 2025

APPLIES TO: 

1.     Agriculture and Food Processing:

·       Live animals, meat, fish, dairy produce, edible vegetables, fruits, cereals, oil.           seeds, and preparations of meat and fish.

2.     Textiles and Apparel:

·       Natural fibers, textile pulp, man-made filaments, man-made staple fibers,       wadding, felt, nonwovens, special yarns, carpets, special woven fabrics, tufted textile fabrics, lace, tapestries, trimmings, embroidery, knitted or crocheted fabrics, articles of apparel, and other made-up textile articles.

3.     Chemical and Allied Industries:

·       Inorganic chemicals, organic chemicals, pharmaceutical products, fertilizers, tanning or dyeing extracts, essential oils, soap, explosives, photographic goods, and miscellaneous chemical products.

·

4.     Metals and Minerals:

·       Iron and steel, articles of iron or steel, copper, nickel, aluminum, lead, zinc, tin, other base metals, and articles of stone, plaster, cement, asbestos, mica, and ceramic products.

5.     Machinery and Equipment:

·       Nuclear reactors, boilers, machinery, mechanical appliances, electrical machinery, sound recorders, television image and sound recorders, and parts thereof.

6.     Vehicles and Transport Equipment:

·       Railway or tramway locomotives, rolling stock, vehicles, aircraft, spacecraft, and parts thereof.

7.     Miscellaneous Industries:

·       Furniture, toys, games, sports requisites, miscellaneous manufactured articles, and works of art.

SUMMED UP

1.     General Notes:

·       The rules in Column 3 of the Appendix specify the minimum conditions for products to be considered as sufficiently worked or processed.

·       The first two columns describe the product obtained, while Column 3 specifies the rule for originating status.

2.     Specific Processes:

·       Detailed processes for headings 27.07, 27.10, 27.11, and 27.12, including vacuum distillation, cracking, reforming, and others.

3.     Textiles:

·       Definitions and rules for natural fibers, textile pulp, chemical materials, and man-made staple fibers.

·       Tolerance rules for mixed products made from two or more basic textile materials.

4.     Chemical Processing Rules:

·       Rules for products of the chemical or allied industries (Chapters 28 to 38), including chemical reactions, purification, mixtures and blends, change in particle size, and others.

5.     Chapter-Specific Rules:

·       Detailed rules for various chapters, including live animals, meat, fish, dairy produce, edible vegetables, fruits, cereals, oil seeds, animal or vegetable fats, preparations of meat and fish, sugars, cocoa, preparations of cereals, beverages, tobacco, mineral fuels, inorganic and organic chemicals, pharmaceutical products, fertilizers, tanning or dyeing extracts, essential oils, soap, explosives, photographic goods, miscellaneous chemical products, plastics, rubber, hides and skins, leather, articles of leather, furskins, wood, cork, manufactures of straw, pulp of wood, paper, printed books, silk, wool, cotton, other vegetable textile fibers, man-made filaments, man-made staple fibers, wadding, felt, nonwovens, special yarns, carpets, special woven fabrics, tufted textile fabrics, lace, tapestries, trimmings, embroidery, impregnated, coated, covered or laminated textile fabrics, knitted or crocheted fabrics, articles of apparel, other made-up textile articles, footwear, headgear, umbrellas, prepared feathers, articles of stone, plaster, cement, asbestos, mica, ceramic products, glass, natural or cultured pearls, precious or semi-precious stones, precious metals, iron and steel, articles of iron or steel, copper, nickel, aluminum, lead, zinc, tin, other base metals, tools, implements, cutlery, miscellaneous articles of base metal, nuclear reactors, boilers, machinery, mechanical appliances, electrical machinery, sound recorders, television image and sound recorders, railway or tramway locomotives, rolling stock, vehicles, aircraft, spacecraft, optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments, clocks, watches, musical instruments, arms, ammunition, furniture, toys, games, sports requisites, miscellaneous manufactured articles, and works of art.

FULL TEXT

DETAILS

CUSTOMS AND EXCISE ACT, 1964.

AMENDMENT OF SCHEDULE NO. 1 (NO. 1/1942)

In terms of section 48 of the Customs and Excise Act, 1964, Schedule No. 1 to the said Act is hereby amended, to the extent set out in the Schedule hereto.

ENOCH GODONGWANA

MINISTER OF FINANCE

SCHEDULE

By the substitution of Appendix IV to Annex 2 on Rules of Origin in Part F in the General Notes in Schedule No. 1 of the following

INTRODUCTORY NOTES TO THIS APPENDIX REGARDING WORKING AND PROCESSING CARRIED OUT ON NON-ORIGINATING MATERIALS THAT CONFERS ORIGINATING STATUS

GENERAL

Note 1

1.1 The rules set out in Column 3 of this Appendix are the minimum conditions required for the concerned products to be considered as sufficiently worked or processed within the meaning of paragraph 2 of Article 6 of Annex 2 on Rules of Origin.

1.2 All examples given in these Introductory Notes are for the purpose of explanation only. They are not legally binding to State Parties.

Note 2

2.1 : The first two columns in the Appendix describe the product obtained. The first column gives the Chapter, heading or subheading as it is used in the Harmonized System (HS). The second column gives the description of goods as it is used in the HS for that Chapter, heading or subheading. For each entry in the first two columns a rule is specified in Column 3. Where, in some cases, the entry in the first column is preceded by an “ex”, this signifies that the rules in Column 3 apply only to the part of that Chapter, headingor subheading as described in Column 2.

2.2 : Where a Chapter or several headings are grouped together in Column 1 and the description of products in Column 2 is therefore given in general terms, the adjacent rules in Column 3 apply to all products which, under the HS are classified in the headings of the Chapter or in any of the headings or subheadings grouped together in Column1.

2.3 : Where there are different rules in Column 3 applying to different tariffs within a heading or subheading, each indent contains the description of that part of the heading or subheading covered by the adjacent rules in Column 3.

2.4 :Where a Chapter, heading or sub-heading, in Column 1, or any text of this Appendix, is in square brackets that is an indication that the rule for that Chapter, heading or subheading in Column 3, or that text, is yet to be agreed by the AfCFTA Negotiating Institutions

2.5 : Where a Chapter, heading or subheading, in Column 1 has an asterisk, the value of non-originating materials will be automatically reduced from 60% to 55% threshold at the end of a five (5) year period starting 1 January 2021.

Note 3

3.1 : The provisions of Article 4(b) of Annex 2 on Rules of Origin concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in a factory in another State Party.

Example 1: An engine of heading 84.07, for which the rule may state that the value of non-originating materials which may be incorporated may not exceed a certain percentage of the ex-works price, is made from ‘other alloy steel roughly shaped by forging’ of heading ex 72.24.

If this forging has been undertaken in a State Party from a non-originating ingot, it has already acquired originating status by virtue of the rule applicable to products of HS Chapter 72 in this Appendix.

The forging can then count as originating in the value calculation for the engine regardless of whether it was produced in the same factory or in another factory in another State Party. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

3.2 : The rule in Column 3 represents the minimum amount of working or processing required and the carrying out of more working or processing also confers originating status. Conversely, the carrying out of less working or processing cannot confer originating status. Thus, if a rule provides that non-originating material at a certain level of manufacture may be used, the use of such material at an earlier stage of manufacture is allowed and the use of such material at a later stage is not.

3.3 : When a rule in Column 3 specifies that a product may be manufactured from more than one material, this means that any one or more materials may be used. It does not require that all the materials listed must be used.

Example 2: The rule for fabrics of headings 52.08 to 52.12 provides that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other or both.

3.4 : Where a rule in Column 3 specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule. (See also Note 6.2 below in relation to textiles).

Example 3: In the case of an article of apparel of ex Chapter 62 made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth, even if non-woven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn, that is, the fibre stage.

“SPECIFIC PROCESSES”

Note 4

4.1 : For the purposes of headings 27.07 and 27.13 the following are the “specific processes”:

a) vacuum distillation;

b) redistillation by a very thorough fractionation process;

c) cracking;

d) reforming;

e) extraction by means of selective solvents;

f) the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolorisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;

g) polymerisation;

h) alkylation; and

i) isomerisation.

4.2 : For the purposes of headings 27.10, 27.11 and 27.12, the following are the specific processes:

a) vacuum distillation;

b) redistillation by a very thorough fractionation process;

c) cracking;

d) reforming;

e) extraction by means of selective solvents;

f) the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolorisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;

g) polymerisation;

h) alkylation;

i) isomerisation;

j) in respect of heavy oils falling within heading ex 27.10 only, desulphurisation with hydrogen resulting in a reduction of at least 85 per cent of the sulphur content of the products processed (ASTM D 1266-59 T method);

k) in respect of products falling within heading 27.10 only, deparaffining by a process excluding filtering;

l) in respect of heavy oils falling within heading ex 27.10 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250 °C with the use of a catalyst, excluding to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment with hydrogen of lubricating oils of heading ex 27.10 (e.g. hydrofinishing or decolorisation) in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;

m) in respect of fuel oils falling within heading ex 27.10 only, atmospheric distillation, on condition that less than 30 per cent of these products distils, by volume, including losses, at 300 °C by the ASTM D 86 method; and

n) in respect of heavy oils excluding gas oils and fuel oils falling within heading ex 27.10 only, treatment by means of a high-frequency electrical brush-discharge.

4.3 : For the purposes of heading 27.07 and 27.13 simple operations such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, any combination of these operations or like operations do not confer origin.

TEXTILES

Note 5

5.1 : The term “natural fibres” is used in this Appendix to refer to fibres excluding artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres that have been carded, combed or otherwise processed but not spun.

5.2 : The term “natural fibres” includes horsehair of Heading 05.03, silk of headings 50.02 and 50.03 as well as the wool fibres, fine or coarse animal hair of headings 51.01 to 51.05, the cotton fibres of headings 52.01 to 52.03 and the other vegetable fibres of headings 53.01 to 53.05.

5.3 : The terms “textile pulp”, “chemical materials” and “paper-making materials” are used in this Appendix to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

5.4 : The term “man-made staple fibres” is used in this Appendix to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 55.01 to 55.07.

Note 6

6.1 : The rules set out in Column 3 shall not be applied to any basic textile materials, used in the manufacture of this product, which, taken together, represent [X] per cent or less of the total mass of all the basic textile materials used. (See also Notes 6.3 and 6.4 below).

6.2 : However, the tolerance mentioned in Note 6.1 may only be applied to mixed products which have been made from two or more basic textile materials. The following are the basic textile materials:

– silk,

– wool,

– coarse animal hair,

– fine animal hair,

– horsehair,

– cotton,

– paper-making materials and paper,

– flax,

– true hemp,

– jute and other textile bast fibres,

– sisal and other textile fibres of the genus Agave,

– coconut, abaca, ramie and other vegetable textile fibres,

– synthetic man-made filaments, artificial man-made filaments,

– synthetic man-made staple fibres of polypropylene,

– synthetic man-made staple fibres of polyester,

– synthetic man-made staple fibres of polyamide,

– synthetic man-made staple fibres of polyacrylonitrile,

– synthetic man-made staple fibres of polyimide,

– synthetic man-made staple fibres of polytetrafluoroethylene,

– synthetic man-made staple fibres of polyphenylene sulphide,

– synthetic man-made staple fibres of polyvinyl chloride,

– other synthetic man-made staple fibres,

– artificial man-made staple fibres of viscose,

– other artificial man-made staple fibres,

– yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped,

– yarn made of polyurethane segmented with flexible segments of polyester whether or not gimped,

– products of heading 56.05 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width

not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,

– other products of heading 56.05.

Example 4: A yarn of heading 52.05 made from cotton fibres of heading 52.03 and synthetic staple fibres of heading 55.06 is a mixed yarn. Therefore, non- originating synthetic staple fibres that do not satisfy the origin rules (which may require manufacture from chemical materials or textile pulp) may be used up to a mass of [X] per cent of the yarn.

Example 5: A woollen fabric of heading 51.12 made from woollen yarn of heading 51.07 and synthetic yarn of staple fibres of Heading 55.09 is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules (which may require manufacture from chemical materials or textile pulp) or woollen yarn that does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or other otherwise prepared for spinning) or a combination of the two may be used provided their total mass does not exceed [X] per cent of the mass of the fabric.

Example 6: Tufted textile fabric of heading 58.02 made from cotton yarn of heading 52.05 and cotton fabric of heading 52.10 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarn used are themselves mixtures.

Example 7: Where the tufted fabric concerned has been made from cotton yarn of heading 52.05 and synthetic fabric of heading 54.07, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.

6.3 : In case of products incorporating yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped” this tolerance is [X] per cent in respect of this yarn.

6.4 : In the case of products incorporating “strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of an adhesive between two layers of plastic film”, this tolerance is [X] per cent in respect of this strip.

Note 7

7.1 : Textile materials, with the exception of linings and interlinings, which do not satisfy the rule set out in Column 3 for the made-up product concerned may be used provided that they are classified in a heading excluding that of the product and that their value does not exceed [X] per cent of the ex-works price of the product.

7.2 : Without prejudice to Note 6.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles.

Example 8: Where a rule in the Appendix provides that for particular textile items yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners, even though slide-fasteners normally contain textiles.

7.3 : Where a percentage rule applies, the value of materials which are not classified within Chapters 50 to  63 must be taken into account when calculating the value of the non-originating materials incorporated.

CHEMICAL PROCESSING RULES TO CONFER ORIGINATING STATUS

Note 8

Notes to Section VI of the Harmonized System

Products of the Chemical or Allied Industries (Chapters 28 to 38)

8.1 : Rules 1 through 7 of this Section confer origin to goods of any Chapter, heading or sub-heading in this Section, except as otherwise specified in those rules.

8.2 : Notwithstanding Note 8.1, goods shall be originating if they meet the applicable change in tariff classification or the percentage value content of non-originating material specified in Column 3 of the Appendix.

Rule 1: Chemical Reaction Origin

8.3 : Goods of Chapters 28 through 38, which are subject to a chemical reaction, shall be treated as originating if the chemical reaction occurred in the territory of one or more of the State Parties.

8.4 : For purposes of this section, a “chemical reaction” is a process (including a biochemical process) that results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule.

8.5 : The following are not considered to be chemical reactions for the purposes of determining whether a product is an originating good:

(a) dissolution in water or in other solvents;

(b) the elimination of solvents including solvent water; or

(c) the addition or elimination of water of crystallization.

Rule 2: Purification Origin

8.6 : Goods of Chapters 28 through 38 that are subject to purification shall be treated as originating provided that one of the following occurs in the territory of one or more of the State Parties:

(a) Purification of goods resulting in the elimination of [X] percent of the content of existing impurities; or

(b) The reduction or elimination of impurities resulting in goods suitable for one or more of the following applications:

(i) Pharmaceutical, medicinal, cosmetic, veterinary, or food grade substances;

(ii) Chemical products and reagents for analytical, diagnostic or laboratory uses;

(iii) Elements and components for use in micro-elements;

(iv) Specialised optical uses;

(v) Non toxic uses for health and safety;

(vi) Biotechnical use;

(vii) Carriers used in a separation process; or

(viii) Nuclear grade uses.

Rule 3: Mixtures and Blends

8.7 : Goods of Chapters 30, 31, 33 through 38, except for heading 38.08, shall be treated as originating if the deliberate and proportionally controlled mixing or blending (including dispersing) of

materials to conform to predetermined specifications which results in the production of goods having physical or chemical characteristics which are relevant to the purposes or uses of the good and

are different from the input materials, occurs in the territory of one or more of the State Parties.

Rule 4: Change in Particle Size

8.8 : Goods of Chapters 30, 31 and 33, shall be treated as originating if the following occurs in the territory of one or more of the State Parties: the deliberate and controlled modification in particle size of goods, including micronizing by dissolving a polymer and subsequent precipitation, excluding by merely crushing or pressing, resulting in goods having a defined particle size, defined particle size distribution or defined surface area, which is relevant to the purposes of the resulting good and have different physical or chemical characteristics from the input materials is considered to be origin conferring.

Rule 5: Standards Materials

8.9 : Goods of Chapters 28 through 38, shall be treated as originating if the production of these materials occurs in the territory of one or more of the State Parties.

8.10 : For the purposes of this Note “standards materials” (including standard solutions) are preparations suitable for analytical, calibrating or referencing uses and having precise degrees of purity or proportions, which are certified by the manufacturer.

Rule 6: Isomer Separation

8.11 : Goods of Chapters 28 through 38, shall be treated as originating if the isolation or separation of isomers from mixtures of isomers occurs in the territory of one or more of the State Parties.

Rule 7: Separation Prohibition

8.12 : Goods that undergo a change from one classification to another in the territory of one or more of the State Parties as a result of the separation of one or more materials from a man-made mixture shall not be treated as originating unless the isolated material underwent a chemical reaction in the territory of one or more of the State Parties.

CHAPTER 87

Note 9

9.1 In the case of road tractors for semi-trailers of a vehicle mass not exceeding 1600 kg (subheading ex 8701.20); motor vehicles for the transport of ten or more persons, including the driver, of a vehicle mass not exceeding 2000 kg (subheadings ex 8702.10 and ex 8702.90); motor cars and other motor vehicles principally designed for the transport of persons (excluding those of heading 87.02) including station wagons and racing cars (heading 87.03); other motor vehicles for the transport of goods of a vehicle mass not exceeding 2000 kg or a G.V.M. not exceeding 3500 kg or of a mass not exceeding 1600 kg or a G.V.M. not exceeding 3500 kg per chassis fitted with a cab (subheadings ex 8704.21, ex 8704.31 and ex 8704.90); bodies (including cabs), for the motor vehicles of heading 87.01 to 87.05:

Manufacture or assembly of the vehicle or body entails that the floor panels, body sides and roof panels must be attached to each other and the engine, transmission, axles, radiators, suspension components, steering mechanisms, braking or electrical equipment or instrumentation must be fitted to the floor panels or chassis frame of the vehicle.

9.2 In the case of road tractors for semi-trailers of a vehicle mass exceeding 1600 kg (subheading ex 8701.20); motor vehicles for the transport of ten or more persons, including the driver, of a vehicle mass exceeding 2000 kg (subheadings ex 8702.10 and ex 8702.90); Other motor vehicles for the transport of goods of a vehicle mass exceeding 2000 kg or a G.V.M. exceeding 3500 kg or of a mass exceeding 1600 kg or a G.V.M. exceeding 3500 kg per chassis fitted with a cab (Subheadings ex 8704.21, ex 8704.22, ex 8704.23, ex 8704.31, ex 8704.32 and ex 8704.90):

Manufacture or assembly of the vehicle entails that the cab or body must be attached to the chassis frame and the engine, transmission, axles, radiators, suspension components, steering mechanisms, braking or electrical equipment or instrumentation must be fitted to the floor panels or chassis frame of the vehicle.

9.3 In the case of chassis fitted with engines, for the motor vehicles of headings 87.01 to 87.05 (heading 87.06); the engine, transmission, axles, radiators, suspension components, steering mechanisms, braking or electrical equipment or instrumentation must be fitted to the floor panels or chassis frame.

Please click on the link provided below to view the tables.

LINK TO FULL NOTICE

Customs and Excise Act: Amendment of Schedule No. 1 (No. 1/1942)

G 52150 RG 11796 GoN 5878

21 February 2025

52150rg11796gon58780.pdf

ACTION

1.     Review and Understand the Amendments:

·       Thoroughly review the changes to the rules of origin for your specific product categories.

·       Ensure that your team understands the new minimum conditions required for products to be considered as sufficiently worked or processed.

2.     Update Internal Processes:

·       Adjust your manufacturing and processing operations to meet the new rules of origin.

·       Implement any necessary changes in your supply chain to ensure compliance with the new requirements.

3.     Documentation and Record-Keeping:

·       Maintain detailed records of the origin of materials used in your products.

·       Ensure that all documentation is up-to-date and accurately reflects the new rules.

4.     Training and Communication:

·       Train your staff on the new requirements and ensure they understand the implications for your business.

·       Communicate the changes to your suppliers and partners to ensure they are also compliant.

5.     Regular Audits and Reviews:

·       Conduct regular audits of your processes and documentation to ensure ongoing compliance.

·       Review your compliance status periodically and make adjustments as needed.

6.     Seek Legal and Professional Advice:

·       Consult with legal and trade compliance experts to ensure you fully understand the implications of the amendments.

·       Seek professional advice if you encounter any uncertainties or challenges in implementing the changes.

7.     Engage with Regulatory Authorities:

·       Stay in contact with relevant regulatory authorities to stay informed about any further updates or clarifications.

·       Participate in industry forums or working groups to share best practices and stay ahead of compliance requirements.

LAW AND TYPE OF NOTICE

Customs and Excise Act: Amendment to Part 1 of Schedule No. 2 (No. 2/1/79)

G 52153 RG 11797 GoN 5898

21 February 2025

APPLIES TO: 

Organizations that make use of Active yeasts, (excluding that produced by Lesaffre Zimbabwe (Pvt) Ltd).

SUMMED UP

Amendments to Active yeats.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Customs and Excise Act: Amendment to Part 1 of Schedule No. 2 (No. 2/1/79) (English / Afrikaans)

G 52153 RG 11797 GoN 5898

21 February 2025

52153rg11797gon5898.pdf

ACTION

Take note of the amendment.

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

National Environmental Management Act:

Regulations: Management of Mercury in South Africa: Withdrawal

G 52176 GoN 5900

24 February 2025

APPLIES TO: 

1.     Forestry Industry:

·       Regulations and guidelines for sustainable forestry practices.

·       Initiatives for reforestation and conservation efforts.

2.     Fishing Industry:

·       Policies promoting sustainable fishing practices.

·       Measures to protect marine biodiversity and manage fish stocks.

3.     Environmental Services:

·       Companies involved in environmental consulting and compliance.

·       Businesses providing services related to pollution control and waste management.

4.     Renewable Energy Sector:

·       Initiatives to reduce carbon emissions and promote renewable energy sources.

·       Opportunities for companies involved in solar, wind, and other renewable energy projects.

5.     Agriculture:

·       Guidelines for sustainable land use and water management.

·       Impact on agricultural practices to ensure environmental sustainability.

6.     Tourism and Recreation:

·       Policies affecting eco-tourism and nature reserves.

·       Regulations to protect natural habitats and promote sustainable tourism.

SUMMED UP

A Withdrawal Notice

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Environmental Management Act: Regulations: Management of Mercury in South Africa: Withdrawal

G 52176 GoN 5900

24 February 2025

52176gon5900.pdf

ACTION

Take note of the withdrawal.

INSURANCE

LAW AND TYPE OF NOTICE

Short-term Insurance Act and Long-term Insurance Act:

Penalty for failure to furnish authority with returns: Repealed

G 52151 GoN 5885

21 February 2025

APPLIES TO: 

Insurance Organizations

SUMMED UP

Repeals:

·       Notice No. 34404, published in the Gazette on 23 February 2024; and

·       Notice No. 4405, published in the Gazette on 23 February 2024.

FULL TEXT

DETAILS

FINANCIAL SECTOR CONDUCT AUTHORITY

NO. 5885

FINANCIAL SECTOR CONDUCT AUTHORITY

21 February 2025

SHORT-TERM INSURANCE ACT, 1998 (ACT NO. 53 OF 1998)

PENALTY FOR FAILURE TO FURNISH AUTHORITY WITH RETURNS ETC.

The Financial Sector Conduct Authority, hereby under section 66(1)(b) of the Short-term Insurance Act, 1998 (Act No. 52 of 1998), determines the amount referred to in paragraph (a) of that section as R8 576.

Notice No. 34404, published in the Gazette on 23 February 2024, is repealed.

This Notice will come into operation on the date of publication.

KATHERINE GIBSON

DEPUTY COMMISSIONER

LONG-TERM INSURANCE ACT, 1998 (ACT NO. 52 OF 1998)

PENALTY FOR FAILURE TO FURNISH AUTHORITY WITH RETURNS ETC.

The Financial Sector Conduct Authority, hereby under section 68(1)(b) of the Long-term Insurance Act, 1998 (Act No. 52 of 1998), determines the amount referred to in paragraph (a) of that section as R8 576.

Notice No. 4405, published in the Gazette on 23 February 2024, is repealed.

This Notice will come into operation on the date of publication.

KATHERINE GIBSON

DEPUTY COMMISSIONER

FINANCIAL SECTOR CONDUCT AUTHORITY

LINK TO FULL NOTICE

Short-term Insurance Act and Long-term Insurance Act: Penalty for failure to furnish authority with returns: Repealed

G 52151 GoN 5885

21 February 2025

52151gon5885.pdf

MEDICAL

LAW AND TYPE OF NOTICE

Medicines and Related Substances Act:

Regulations: Dispensing fee for pharmacists for 2025: Comments invited

G 52151 GoN 5891

– Comment by 21 May 2025

21 February 2025

APPLIES TO: 

1.     Pharmacies and Pharmacists: Those licensed to dispense medicines under the Medicines and Related Substances Act.

2.     Healthcare Providers: Clinics, hospitals, and other medical facilities that dispense medications.

3.     Pharmaceutical Companies: Manufacturers and distributors of medicines and related substances.

4.     Regulatory Bodies: Entities responsible for overseeing the compliance with healthcare regulations and pricing systems.

SUMMED UP

1.     Pricing Regulations: Updates to the pricing regulations for medicines and related substances, including new guidelines for price adjustments and reporting requirements for pharmaceutical companies.

2.     Compliance Requirements: Enhanced compliance requirements for pharmacies, healthcare providers, and pharmaceutical companies to ensure adherence to the updated pricing regulations.

3.     Penalties for Non-Compliance: Introduction of stricter penalties for non-compliance with the new regulations, including fines and potential suspension of licenses for repeat offenders.

4.     Reporting and Transparency: Increased emphasis on transparency in pricing and reporting, with mandatory disclosures of pricing structures and adjustments to the regulatory bodies.

5.     Implementation Timeline: A detailed timeline for the implementation of the new regulations, including key dates for compliance and reporting.

These amendments aim to ensure fair pricing, enhance transparency, and improve compliance within the healthcare sector.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Medicines and Related Substances Act: Regulations: Dispensing fee for pharmacists for 2025: Comments invited

G 52151 GoN 5891

– Comment by 21 May 2025

21 February 2025

52151-gon5891.pdf

ACTION

1.     Adherence to Pricing Regulations: Organizations must comply with the updated pricing regulations for medicines and related substances. This includes following the new guidelines for price adjustments and ensuring accurate reporting of prices.

2.     Mandatory Reporting: Healthcare providers, pharmacies, and pharmaceutical companies are required to submit regular reports detailing their pricing structures and any adjustments made. These reports must be transparent and submitted to the relevant regulatory bodies.

3.     Enhanced Record-Keeping: Organizations must maintain detailed records of their pricing, sales, and distribution activities. These records should be readily available for inspection by regulatory authorities.

4.     Training and Awareness: Staff involved in pricing, sales, and distribution must be trained on the new regulations and compliance requirements. Organizations are responsible for ensuring that their employees are aware of and adhere to these regulations.

5.     Penalties for Non-Compliance: There are stricter penalties for non-compliance, including fines and potential suspension of licenses for repeat offenders. Organizations must take proactive measures to avoid these penalties by adhering to the regulations.

6.     Implementation of Compliance Programs: Organizations are encouraged to implement comprehensive compliance programs that include regular audits, risk assessments, and corrective actions to ensure ongoing adherence to the regulations.

LAW AND TYPE OF NOTICE

Medicines and Related Substances Act: Regulations:

Transparent pricing system for medicines and scheduled substances: Dispensing Fee for Pharmacists for 2025: Comments invited

G 52151 GoN 5892

21 February 2025

APPLIES TO: 

Pharmacists

SUMMED UP

Amendment of Fees under Regulation 10 of the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965)

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Medicines and Related Substances Act: Regulations: Transparent pricing system for medicines and scheduled substances: Dispensing Fee for Pharmacists for 2025: Comments invited

G 52151 GoN 5892

21 February 2025

52151-gon5892.pdf

ACTION

Please take note of the amended fees.

LAW AND TYPE OF NOTICE

Dental Technicians Act:

Regulations: Registration of Dental Laboratories and related matters: Amendment

G 52179 GoN 5903

26 February 2025

APPLIES TO: 

Health Care Industry, specifically to Dental

SUMMED UP

Registration of Laboratories and the related fees.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Dental Technicians Act: Regulations: Registration of Dental Laboratories and related matters: Amendment

G 52179 GoN 5903

26 February 2025

52179gon5903.pdf

ACTION

Ensure that you register your Laboratories and pay the required fees.

PUBLIC SECTOR

LAW AND TYPE OF NOTICE

Public Audit Act:

Audit Directive for 2025

G 52149 GoN 5875

20 February 2025

APPLIES TO: 

1.     Government Departments and Administrations:

·       National and provincial state departments.

·       Constitutional institutions.

·       The administration of Parliament and provincial legislatures.

2.     Municipalities and Municipal Entities:

·       All municipalities.

·       Municipal entities.

3.     Public Entities:

·       Public entities listed in the Public Finance Management Act (PFMA).

·       Institutions funded from the national or provincial revenue funds or by municipalities.

4.     Higher Education Institutions:

·       Universities and other public higher education institutions.

5.     Other Public Sector Institutions:

·       Any other institution or accounting entity required by national or provincial legislation to be audited by the AGSA.

6.     Public Enterprises:

·       State-owned enterprises and other public enterprises.

SUMMED UP

1.     Audit Functions:

·       Annual audits include financial and performance management, compliance with legislation, and internal control deficiencies.

·       Material irregularities identified during audits are reported, and actions taken by accounting officers are audited.

2.     Auditing Standards:

·       Audits are conducted according to international standards issued by the International Auditing and Assurance Standards Board (IAASB) and the International Standards of Supreme Audit Institutions (ISSAIs).

3.     Audit of Financial Statements:

·       The auditor’s report must reflect opinions, conclusions, or findings on the financial statements, compliance with legislation, and performance against predetermined objectives.

4.     Internal Control Deficiencies:

·       Deficiencies in internal control that affect financial statements, performance information, and compliance with legislation are reported.

5.     Material Irregularities:

·       Defined as non-compliance, fraud, theft, or breach of fiduciary duty resulting in material financial loss or harm to public resources.

6.     Discretionary Engagements:

·       The AGSA may perform special audits, investigations, and other engagements at its discretion.

7.     Complaints Mechanism:

·       Complaints against the AGSA can be submitted in writing, addressing issues related to audit performance and compliance with professional standards.

8.     Audits Not Performed by AGSA:

·       Details the process for audits conducted by private auditors, including submission of reports and compliance with the Public Audit Act.

9.     Timing and Submission of Information:

·       Specifies deadlines for submitting financial statements, performance reports, and supporting documentation for audits.

10.   Financial Reporting Frameworks:

·       Recognizes International Financial Reporting Standards (IFRS), Standards of GRAP, and the Modified Cash Standard (MCS) as acceptable frameworks.

FULL TEXT

DETAILS

AUDITOR-GENERAL OF SOUTH AFRICA

NO. 5875 20 February 2025

Public Audit Act, 2004 (Act No. 25 of 2004):

Directive

Under the powers vested in me by section 13(3)(b) of the Public Audit Act, 2004 (Act No. 25 of 2004) (hereafter referred to as the PAA), I, Tsakani Maluleke, auditor-general of the Republic of South Africa, hereby issue this directive. Matters not directly linked to section 13 read with section 11 are included to facilitate optimal levels of accountability and transparency in the management of public

resources.

Content of the notice

Audit functions performed in terms of the PAA

Annual audit

Auditing standards as well as the frequency, nature and scope of audits – section 13(1)(a) and (b) of the PAA

Auditing standards

Audit of financial statements or similar financial reporting – section 20(2)(a) of the PAA

Audit of compliance with applicable legislation relating to financial matters, financial management and other related matters – section 20(2)(b) of the PAA

Audit of reported information on performance against predetermined objectives – section 20(2)(c) of the PAA

Internal control deficiencies, as indicated by the reference to financial management in section 4(1) and (3) of the PAA

Focus areas – section 13(1)(b) of the PAA

Material irregularities – section 1, 5(1A), 5(1B), 5A, 5B, 20(4) of the PAA

Discretionary engagements – section 5(1)(a), (aa) and (d) of the PAA

Complaints against the AGSA – section 13(1)(c) of the PAA

Audits of public entities and other institutions not performed by the AGSA – section 4(3) of the PAA

Audits that the AGSA has opted not to perform – section 25(1)(a) of the PAA

Auditees for which legislation is not prescriptive in respect of the financial statements

– section 14(2)(b) of the PAA

Timing and submission of information for audit purposes – and confidentiality of

information – sections 15(2)(b) and 50 of the PAA

Assessment and recognition of the financial reporting frameworks applicable in the

public sector – section 20(2)(a) of the PAA

Withdrawal of previous government gazettes

Effective date.

Enquiries

Annexure A: Applicability of criteria developed from the performance management and reporting framework to different categories of auditees

Annexure B: Criteria used to evaluate internal control

Annexure C: Monitoring checklist for audits not conducted by the auditor-general of South Africa

Annexure D: Consultation with the auditor-general of South Africa on the appointment or discharge of the registered auditor in terms of sections 25 and 26 of the PAA

Annexure E: Regulations issued in terms of the PAA and relevant extracts from the PAA

Please click on the link provided below to view the document in more detail.

LINK TO FULL NOTICE

Public Audit Act: Audit Directive for 2025

G 52149 GoN 5875

20 February 2025

52149gon5875.pdf

ACTION

1.     Annual Audits:

·       Ensure financial statements and performance reports are prepared and submitted on time.

·       Maintain accurate and complete records to support financial and performance reporting.

·       Address any internal control deficiencies identified during audits.

2.     Compliance with Legislation:

·       Adhere to all applicable financial management and reporting legislation.

·       Implement procedures to ensure compliance with key legislative requirements.

·       Regularly review and update policies to reflect changes in legislation.

3.     Internal Controls:

·       Establish and maintain effective internal control systems to prevent and detect errors and fraud.

·       Conduct regular internal audits to identify and address control weaknesses.

·       Develop and implement action plans to rectify identified deficiencies.

4.     Material Irregularities:

·       Promptly address any material irregularities identified during audits.

·       Implement corrective actions to prevent recurrence of irregularities.

·       Ensure accounting officers and authorities take appropriate actions to address irregularities.

5.     Performance Reporting:

·       Develop and report on performance indicators that are well-defined, verifiable, and aligned with strategic objectives.

·       Ensure performance targets are specific, measurable, and time-bound.

·       Disclose reasons for variances between planned and actual performance in annual performance reports.

6.     Audit Engagements:

·       For entities not audited by the AGSA, ensure private auditors comply with the Public Audit Act and AGSA directives.

·       Submit required documentation and information to auditors in a timely manner.

·       Follow proper procurement processes for appointing external auditors.

7.     Confidentiality and Information Security:

·       Protect the confidentiality of information obtained during audits.

·       Ensure secure storage and handling of sensitive financial and performance data.

·       Comply with data protection regulations and best practices.

8.     Training and Awareness:

·       Provide training to staff on compliance requirements and internal control procedures.

·       Raise awareness about the importance of compliance and accountability in managing public resources.

·       Encourage a culture of transparency and ethical behavior within the organization.

QUANTITY SURVEYING

LAW AND TYPE OF NOTICE

Quantity Surveying Profession Act:  South African Council for the Quantity Surveying Profession: 2024

Guideline Tariff of Professional Fees: Amendment

G 52152 BN 741

21 February 2025

APPLIES TO: 

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

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

3.     Mechanical and Electrical Engineering: Installations related to HVAC systems, electrical systems, and other mechanical components in buildings.

4.     Process Engineering: Systems and equipment associated with process plants.

5.     Project Management and Consultancy: Services related to the management and oversight of construction and engineering projects.

SUMMED UP

Preamble

• The guideline tariff provides a basis for determining the scope of work and associated remuneration for quantity surveying services.
• It aims to promote efficiency, market transparency, employment, and equitable opportunities in the economy.
• The guideline is not prescriptive but serves as a reference for fair and reasonable fees.

Fee Calculation

• The fee is a basic fee multiplied by an appropriate percentage and apportioned to different stages of the project.
• Examples of fee calculations are provided for various scenarios, including building works and engineering works.

Appropriate Percentages

• Different percentages are applied for building work, engineering work, management services, and supplementary services.
• Specific categories and their corresponding percentages are detailed for various types of contracts and services.

Apportionment of Fees

• Fees are apportioned to different stages of the project, such as inception, concept and viability, design development, documentation and procurement, construction, and close-out.

Services at Risk

• Guidelines for services rendered at risk and the associated fees if the project proceeds within two years.

Excessive Variation and Terminated Commissions

• Additional fees for excessive variations in contracts and guidelines for calculating fees for terminated commissions.

Time Charge and Disbursements

• Time charge rates for different levels of experience and specialist work.
• Guidelines for disbursements and additional payments over and above the fee.

Definitions and Interpretation

• Detailed definitions of terms used in the guideline, such as alteration works, building works, civil engineering works, and more.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Quantity Surveying Profession Act: South African Council for the Quantity Surveying Profession: 2024 Guideline Tariff of Professional Fees: Amendment

G 52152 BN 741

21 February 2025

52152bod741.pdf

ACTION

1. Registration and Certification

• Register Professionals: Ensure that all quantity surveyors, including candidates and specified categories, are registered with the SACQSP.
• Maintain Certification: Keep certifications up to date by meeting the continuing professional development (CPD) requirements.

2. Adherence to the Code of Conduct

• Ethical Practices: Follow the SACQSP Code of Conduct, which outlines ethical and professional guidelines to maintain high standards of professionalism, honesty, and integrity
• Avoid Improper Conduct: Avoid actions such as dishonesty, corruption, fraud, and negligence that violate the expected standards of professionalism

3. Fee Guidelines Compliance

• Apply Guideline Tariffs: Use the guideline tariffs for professional fees as a reference to ensure fair and reasonable remuneration for services rendered.
• Fee Negotiations: Engage in transparent and fair negotiations with clients regarding fees, ensuring that the agreed fees align with the guideline tariffs.

4. Project Documentation and Reporting

• Accurate Documentation: Maintain accurate and detailed documentation for all stages of the project, including inception, design, procurement, construction, and close-out.
• Regular Reporting: Provide regular financial and progress reports to clients, ensuring transparency and accountability.

5. Risk Management

• Assess Risks: Evaluate the risks associated with fees that are too low or too high for the services required.
• Service Scope: Ensure that the scope of services provided is sufficient to effectively attend to all aspects of the required quantity surveying services.

6. Disciplinary Procedures

• Address Complaints: Follow the structured disciplinary process for addressing complaints and allegations of improper conduct
• Disciplinary Actions: Be prepared to face disciplinary actions, including investigations, hearings, and penalties, if found in violation of the Code of Conduct or the Act.

7. Compliance with Legal Requirements

• Follow Legal Provisions: Adhere to all legal provisions of the Quantity Surveying Profession Act, 2000, and any amendments or regulations issued by the SACQSP.
• Stay Informed: Keep abreast of any changes or updates to the Act and related regulations to ensure ongoing compliance.

STANDARDS

LAW AND TYPE OF NOTICE

Standards Act: Standards matters

G 52148 GeN 3012

20 February 2025

APPLIES TO: 

1. Manufacturing and Industrial Equipment

• Electric motor-operated tools: Standards for lawnmowers, drills, shears, and nibblers.
• High-voltage switchgear: Standards for internal arc classification.
• Electric and optical fibre cables: Standards for mechanical tests and insulation thickness.

2. Construction and Building

• Building regulations: Standards for facilities for persons with disabilities.
• Flooring materials: Standards for vinyl floor tiles and carpet underlays.
• Storage tanks: Standards for hazardous chemicals storage.

3. Consumer Electronics and Appliances

• Automatic electrical controls: Standards for household appliances.
• LED lamps: Performance requirements for general lighting services.

4. Automotive

• Safety glazing materials: Standards for plastics used in motor vehicles.
• Sound power labeling: Standards for welding generators.

5. Healthcare and Water Quality

• Legionella testing: Standards for water quality and enumeration of Legionella.

6. Textiles and Apparel

• Sewing threads: Standards for cotton, polyamide, polyester, and core-spun threads.
• Duvets and pillows: Standards for plumage-filled products.
• Hessian cloth: Standards for various types of hessian cloth.

7. Facility Management

• Facility management systems: Requirements for effective and efficient delivery of facility management.

8. Vaping and E-liquids

• Vaping products: Standards for electronic vaping products and e-liquids.

9. Petroleum and Gas

• LPG systems: Standards for liquefied petroleum gas systems on small craft.

10. Information Technology

• Encryption algorithms: Standards for stream ciphers in security techniques.

SUMMED UP

Draft Standards for Public Comment

1.     SANS 62841-4-3:20XX Ed 1: Safety requirements for pedestrian-controlled walk-behind lawnmowers.

2.     SANS 62841-3-13:20XX Ed 1: Safety requirements for transportable drills.

3.     SANS 60730-1:20XX Ed 5: General requirements for automatic electrical controls.

4.     SANS 10400-S:20XX Ed 4: Facilities for persons with disabilities in building regulations.

5.     SANS 566:20XX Ed 3: LPG systems for small craft.

6.     SANS 41001:20XX Ed 1: Facility management systems requirements.

7.     SANS 62271-214:20XX Ed 2: Internal arc classification for high-voltage switchgear.

8.     SANS 11731:20XX Ed 2: Enumeration of Legionella in water quality.

9.     SANS 60669-2-2:20XX Ed 3: Electromagnetic remote-control switches.

Amendments to Existing Standards

1.     SANS 14702:20XX Ed 1.3: Sound power labeling for welding generators.

2.     SANS 1472:20XX Ed 1.3: Plastics safety glazing materials for motor vehicles.

3.     SANS 60811-501:20XX Ed 1.2: Mechanical tests for non-metallic materials in electric and optical fibre cables.

4.     SANS 60811-201:20XX Ed 1.2: Measurement of insulation thickness in electric and optical fibre cables.

5.     SANS 60811-508:20XX Ed 1.2: Pressure test at high temperature for insulation and sheaths.

6.     SANS 581:20XX Ed 3.3: Semi-flexible vinyl floor tiles.

7.     SANS 586:20XX Ed 3.2: Resin modified vinyl floor tiles.

8.     SANS 1419:20XX Ed 2.3: Carpet underlays.

9.     SANS 60269-2:20XX Ed 4.2: Low-voltage fuses for industrial applications.

New Standards Issued

1.     SANS 2094:2024 Ed 1: South African vaping products standard.

2.     SANS 62841-2-8:2024 Ed 1: Safety requirements for hand-held shears and nibblers.

Withdrawn Standards

1.     SANS 5851:2002: Liquid limit of fines in aggregates for base-courses.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Standards Act: Standards matters

G 52148 GeN 3012

20 February 2025

52148gen3012.pdf

ACTION

Please take note of the amendments.

TRANSPORTATION

LAW AND TYPE OF NOTICE

Border Management Authority Act:

Services standards, tariffs, rates and scales for services rendered by Border Management Authority (Agriculture Specialized Functions) for 2025/2026: Comments invited

G 52187 GeN 3014

– Comment by 26 Mar 2025

26 February 2025

APPLIES TO: 

·       Veterinary Inspection Services;

·       Plant/ Health/ Quality/ Liquor / Regulated Goods including Import controlled goods

·       Veterinary Quarantine Stations

SUMMED UP

Sets out the tariffs for:

·       Veterinary Inspection Services;

·       Plant/ Health/ Quality/ Liquor / Regulated Goods including Import controlled goods

·       Veterinary Quarantine Stations

FULL TEXT

DETAILS

Please click on the link provided below for more information

LINK TO FULL NOTICE

Border Management Authority Act: Services standards, tariffs, rates and scales for services rendered by Border Management Authority (Agriculture Specialized Functions) for 2025/2026: Comments invited

G 52187 GeN 3014

– Comment by 26 Mar 2025

26 February 2025

52187gen3014.pdf

ACTION

Please ensure that you submit your comments timeously.

LAW AND TYPE OF NOTICE

Gauteng Transport Infrastructure Act:

Gautrain: Route determination of railway line: Comments invited

G 52183 GoN 5907

– Comment by 26 Mar 2025

26 February 2025

SUMMED UP

Determining the route for the Soweto Extension and Cosmo City Junction of the Gauteng Rapid Rail Integrated Network (GRRIN)

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Gauteng Transport Infrastructure Act: Gautrain: Route determination of railway line: Comments invited (English / Afrikaans)

G 52183 GoN 5907

– Comment by 26 Mar 2025

26 February 2025

52180gon5907.pdf

ACTION

Ensure that you submit your comments timeously.

COMPANIES ARTICLES

SOUTH AFRICA

‘No more extensions’ for small business registrations, says minister

There is going to be no further extension for late submission of applications for small businesses beyond today’s deadline, said Minister of Co-operative Governance and Traditional Affairs Velenkosini Hlabisa.

Hlabisa conveyed the message while interacting with informal traders who were submitting their applications at the City of Tshwane’s registration centre in the inner-city yesterday.

He warned that failure to submit applications by today’s deadline will result in illegal operation status as of March 1. “There will be no extension tomorrow (Friday). We are not going to make any recommendation to the president. There was enough time for people to register from the extension made in December up to tomorrow,” Hlabisa said.

He, however, said that applicants with outstanding documents can still submit them after the deadline.

“There is no need to see our people being arrested because they are breaking the law. If you are interested in this business, please comply. If you can’t do it by the end of the day tomorrow, close down and concentrate on the application process. It can take you only a day or two,” he said.

He praised the Tshwane metro for its efficient registration process, which included a convenient online portal for virtual submissions.

“Tshwane metro is one of the municipalities in South Africa which heeded the call to regularise the small businesses in townships and the economies that are controlled by small businesses in our towns and rural communities in other places. They have done very well,” he said.

He highlighted a few challenges hindering the process, notably the verification of foreign nationals, including refugees and asylum seekers who have submitted applications.

To address the problems, his department will collaborate with the Minister of Home Affairs, Leon Schreiber, to streamline the verification process and support eligible foreign nationals in running small businesses in South Africa.

However, he said the national government is taking proactive steps and would deploy 520 environmental health practitioners to assist in the inspection of registered businesses.

After the deadline, he said, the next stage is verification of businesses to check if they exist and what they are selling. “Health environmental practitioners will play a greater role because the police, metro personnel, and every law-enforcement agency will not be able to operate without the availability and guidance of the health environmental practitioners,” he said.

While the majority of the people expressed satisfaction with the registration process, one woman told Hlabisa that she was unhappy because the registration process was costly for her.

The woman, Queen Mabunda, from Soshanguve, said: “It is an expensive process for me. They said if you are running a business, you have to put the tiles, the burglar doors, which cost a lot of money. And I am not making that money because I am selling bunny chows. I also had to pay R577 to get a health certificate for my business.”

Hlabisa advised Mabunda to first go through the registration process and not start by complaining about upgrading her place.

Rapula Moatshe

The Star

CYBERCRIMES ARTICLES

SOUTH AFRICA

SA crypto exchanges review security after R27.5bn hack at Bybit

The exchange was hit by what is reckoned to be the largest crypto theft in history.

South African crypto exchanges are reviewing their security after the largest hack in history drained about $1.5 billion (about R27.5 billion) from Dubai-based crypto exchange Bybit on Friday.

Local exchanges contacted by Moneyweb say they have protections against this type of attack but add that security can never be taken for granted.

Bybit is the world’s second-largest exchange by trading volume, behind Binance.

What was unusual about this hack was its scale and sophistication.

The hack occurred while the company was moving funds from a ‘cold’ or offline wallet to a ‘warm’ online wallet. More than 400 000 ethereum (ETH) and stETH (staked ETH) were stolen.

An initial rush by customers to withdraw funds returned to normal levels, according to Bybit, once it became clear it had sufficient funds in reserve to cover the stolen funds

“The incident occurred when our ETH multisig (a security protocol requiring multiple signatures prior to a transaction) cold wallet executed a transfer to our warm wallet. Unfortunately, this transaction was manipulated through a sophisticated attack that masked the signing interface, displaying the correct address while altering the underlying smart contract logic,” said Bybit.

“As a result, the attacker was able to gain control of the affected ETH cold wallet and transfer its holdings to an unidentified address.”

It was confirmed over the weekend that North Korea’s Lazarus Group was behind the hack.

The US Department of Justice claims the group is part of the North Korean government’s strategy to undermine global cybersecurity and generate illicit funds in violation of sanctions.

“We’re working to help exchanges and law enforcement to trace and freeze these funds. The more difficult we make it to benefit from crimes such as this, the less frequently they will take place,” said Tom Robinson, chief scientist at blockchain analysis company Elliptic.

Security ‘must be proactive, not reactive’

Says Faadil Moti, CEO of crypto asset service provider 80eight: “While it’s natural for users to be concerned, incidents like this serve as a reminder of why self-custody wallets are an essential option for those who want full control over their assets.

“At the same time, it’s crucial that the industry doesn’t simply fault one security infrastructure over another – instead, we must work together to identify vulnerabilities and evolve security technologies to stay ahead of sophisticated threats. The silver lining here is that these events push innovation and lead to stronger protections for the industry as a whole.”

“The Bybit hack serves as a stark reminder that security in crypto exchanges must be proactive, not reactive. Hackers constantly evolve, and complacency is the biggest vulnerability,” adds Frank Leonette, CEO of crypto exchange AfriDax.

Source: Elliptic

“The Bybit hack is very sad for the crypto community,” says AltCoinTrader CEO Richard de Souza.

Kudos to the way Bybit CEO Ben Zhou handled it, he adds.

“He came out facing it [head-on], telling clients what happened and what they can expect. He didn’t run away from it, Bybit actually has the financial muscle to survive this.”

What local crypto providers say

Moneyweb asked several prominent SA crypto service providers for their response to the hack.

Farzam Ehsani, CEO at Valr:

Security is of the utmost importance at Valr and our entire team, and our security team in particular, has been monitoring the situation closely. The industry is expecting a full post mortem from Bybit to better understand what exactly happened.

Valr always reviews its security infrastructure, procedures and protocols in light of incidents like this to ensure the assets we custody for our customers and for ourselves are as secure as possible.

We appreciate how open and transparent Bybit has been thus far.

It has been remarkable to see how the crypto industry has rallied together to help investigate, track and help resolve this incident.

Christo de Wit, SA country manager at Luno:

Investigations into the causes of the attack are currently ongoing by both Bybit and Safe Wallet, so we don’t have all the answers at this time.

However, what we do know is that a bad actor exploited a gap in Bybit’s approval process of cold wallet transactions using Safe Wallet’s wallet.

We can confirm that Luno does not work with either Bybit or Safe Wallet.

We can also confirm that the security processes employed by Luno are designed to avoid being exposed to the same vulnerability and types of attack.

 Richard de Souza, CEO of AltCoinTrader:

Over the last 18 months we completed a programme to shore up our security, which has always been good.

We now store [digital assets] in what we call deep frozen storage where no single person can get it. We’re comfortable with the way things are secured, and are not looking at doing anything differently [as a result of this hack].

Faadil Moti, CEO of 80eight:

The Bybit hack is undoubtedly a major shake-up in the industry. As one of the most reputable exchanges, an incident of this magnitude is never a good thing, but I trust they will handle the situation responsibly.

At 80eight, security is our top priority. We implement a multi-device, multi-approval security model through MPC-powered (Multi-Party Computation) infrastructure, preventing unauthorised access and manipulation. Additionally, we keep the majority of our balances off-exchange, ensuring that funds remain protected even in the event of an exchange compromise.

We’re confident in our security protocols and believe that incidents like these, while unfortunate, drive the development of more robust and resilient security infrastructure – a learning curve that benefits all industry players.

Frank Leonette, CEO of crypto exchange Afridax:

The Bybit hack was very unfortunate. I think this is a developing story as the transaction user interface was spoofed. There are still a few unanswered questions about how all three signers got spoofed.

The Bybit hack serves as a stark reminder that security in crypto exchanges must be proactive, not reactive.

Hackers constantly evolve, and complacency is the biggest vulnerability.

Afridax is constantly looking out for threats. Company-wide education and strategic planning around security is always at the top of our list of priorities.

Jon Ovadia, CEO of Ovex:

It was a very large and sophisticated attack that probably involves insiders. At Ovex, we’re lucky because we service high value low volume; we can have very strict controls and procedure[s] on all withdrawals.

That’s the reason Ovex withdrawals take a bit more time than retail exchanges like Luno and Valr.

Similarly to the fact that Bybit only held roughly 5% of their assets in that wallet, we too only hold a small percentage of total assets at any one time given the risk. We also have a very strong balance sheet with retained earning[s] almost double our clients assets. So our clients can rest assured their assets are safe.

Omer Iqbal, CEO of FiveWest: The recent Bybit hack highlights the increasing sophistication of modern cyber threats. To mitigate risks such as spoofing and phishing, we implement multiple layers of security, including:

• Every event triggers a group-wide notification, ensuring full visibility across our security team.
• Multi-agent, multi-device 2FA (Two Factor Authentication) approval for all critical operations, ensuring transactions require cosigned authentication.
• Rigorous whitelisting (pre-vetting exchange users), significantly limiting potential attack vectors by restricting fund movement to pre-approved destinations.
• Ceffu’s MirrorX service, enabling seamless off-exchange settlements, reducing counterparty risk on exchanges.
• State-of-the-art MPC (Multi-Party Computation) cold storage by Ceffu, a superior security model compared to the multisig implementation exploited in Bybit’s breach.
• Several critical best practices for securing digital assets, such as whitelisting clients; never blindly approving transactions; employing independent, multi-layered verification mechanisms to prevent spoofing and unauthorised fund movement; securing smart contracts with a Guardian Contract to help prevent unauthorised contract modifications.

Ciaran Ryan

Moneyweb

CONSUMER PROTECTION ARTICLES

SOUTH AFRICA

National Consumer Tribunal Fines Cell C R500000

On 11 February 2025, the National Consumer Tribunal issued a judgment against Cell C. The Tribunal fined Cell C R500,000 for contravening sections of the Consumer Protection Act (CPA). This ruling is in line with the Tribunal’s mandate to enforce consumer protection laws and ensure compliance from businesses.

Purpose

The National Consumer Tribunal has issued a judgment against Cell C, fining them R500 000 for contravening sections of the Consumer Protection Act. This ruling serves as a means to hold businesses accountable for their actions and uphold consumer rights.

Effects on Industry

The Cell C fine has significant implications for the telecommunications industry, setting a precedent for companies to adhere to consumer protection regulations. It may prompt other telcos to review their practices and ensure compliance with the Consumer Protection Act, leading to improved consumer experiences and potentially influencing future business strategies.

Relevant Stakeholders

This judgment affects Cell C directly, but also has broader implications for consumers and the telecommunications industry as a whole. Consumers can expect increased protection from businesses that fail to comply with consumer protection laws. Other telcos may need to reassess their practices in light of this ruling.

Next Steps

To comply with the Tribunal’s decision, Cell C must pay the R500 000 fine. Businesses operating within South Africa should take note of this judgment and ensure they are complying with the Consumer Protection Act, taking necessary steps to rectify any non-compliant practices.

Any Other Relevant Information

This ruling demonstrates the importance of adhering to consumer protection laws in South Africa. The Tribunal’s actions serve as a reminder that businesses must prioritize consumer rights and interests, promoting a safer and more trustworthy business environment for all stakeholders.

Global Regulatory Insights

CONSTRUCTION ARTICLES

SOUTH AFRICA

Constitutional Court refuses attempts of an engineering company to review and set aside SIU investigation report on electrification of Limpopo villages

On 21/02/2025, the Special Investigating Unit issued an update regarding Constitutional Court refuses attempts of an engineering company to review and set aside SIU investigation report on electrification of Limpopo villages. The Constitutional Court’s decision blocks Mphaphuli Consulting from litigating the same issues with the same parties at any South African court, paving the way for a civil claim against the engineering company to recover approximately R76 million.

Purpose

The Constitutional Court has refused to grant an application for direct access brought by Mphaphuli Consulting (PTY) LTD, an engineering company owned by Lufuno Mphaphuli, in a matter relating to the review of the Special Investigating Unit’s (SIU) investigation report on the electrification of Limpopo villages in Greater Tubatse Municipality.

Effects on Industry

The refusal of direct access by the Constitutional Court has significant implications for the engineering and consulting industries. The decision effectively blocks Mphaphuli Consulting from litigating the same issues with the same parties at any South African court, which may deter other companies from pursuing similar claims in the future. This ruling reinforces the SIU’s mandate to investigate allegations of corruption and maladministration, and paves the way for a civil claim against Mphaphuli Consulting to recover approximately R76 million.

Relevant Stakeholders

The stakeholders affected by this decision include:

• The engineering company, Mphaphuli Consulting (PTY) LTD
• The Special Investigating Unit (SIU)
• Greater Tubatse Municipality
• Vhembe District Municipality

These stakeholders will be impacted by the SIU’s continued pursuit of a civil claim against Mphaphuli Consulting to recover the financial losses incurred by the municipality.

Next Steps

The next steps for the relevant stakeholders are:

• The SIU will pursue the legal fees owed by Mphaphuli Consulting for previous court proceedings and related legal processes.
• Mphaphuli Consulting may choose to appeal the decision, but given the Constitutional Court’s refusal of direct access, this option appears unlikely.
• Greater Tubatse Municipality and Vhembe District Municipality can continue with their ongoing  efforts to address any issues related to the electrification of villages in Limpopo Province.

Any Other Relevant Information

In addition to the above information, it is worth noting that:

• The SIU was authorized under Proclamation R52 of 2014 to investigate allegations of corruption and maladministration in the affairs of Greater Tubatse Local Municipality (now Fetakgomo Tubatse).

• The SIU is empowered to institute civil action in the High Court or a Special Tribunal in its name, to correct any wrongdoing uncovered during its investigations caused by acts of corruption, fraud, or maladministration.

Global Regulatory Insights

CONTRACT ARTICLES

SOUTH AFRICA

Anglo Gold Ashanti Hospital lease and refurbishment contracts worth over R600 million declared invalid and unlawful

Purpose

The Special Tribunal has issued a significant order declaring unlawful, unconstitutional, and invalid the lease and refurbishment contracts worth over R600 million awarded by two Gauteng government departments concerning the AngloGold Ashanti Hospital during the COVID-19 pandemic. This decision comes after an investigation by the Special Investigating Unit (SIU) into irregular procurement processes.

Effects on Industry

The cancellation of these contracts will have a significant impact on the companies involved, including Diphatse Trading & Projects CC, Makhado Project Management (Pty) Ltd, Yikusasa Building Contractors (Pty) Ltd, NJR Projects (Pty) Ltd, Thenga Holdings (Pty) Ltd, and Mvusuludzo Projects (Pty) Ltd. These companies will need to review their agreements and adjust their operations accordingly. Additionally, the SIU’s investigation has highlighted systemic issues with procurement processes in the Gauteng government, which may lead to a re-evaluation of these practices across the industry.

Relevant Stakeholders

The stakeholders affected by this decision include:

• The two Gauteng government departments involved: the Department of Health (GDOH) and the Department of Infrastructure Development (GDID)
• The companies that were awarded contracts, including those listed above
• Taxpayers who will not be required to bear the costs of these invalid contracts

Next Steps

The Special Tribunal has set aside all lease agreement extensions or amendments, as well as the appointment of eleven Professional Service Providers (PSPs) for the hospital renovation. The SIU will continue its investigation and work with the Special Tribunal to recover any losses suffered by the state.

Any Other Relevant Information:

• This decision is a result of an SIU investigation into irregular procurement processes during the COVID-19 pandemic.
• The investigation found that the GDOH was misled into believing that only minor renovations were needed at the AGA Hospital, with costs eventually surging to over R600 million without justification.

Global Regulatory Insights

FINANCE ARTICLES

SOUTH AFRICA

SA a step closer to being removed from greylist, says FATF

The Financial Action Task Force (FATF) on Friday announced the upgrade of four of the six outstanding action items by South Africa at the conclusion of its latest plenary meetings in Paris, the National Treasury announced.

The FATF, an international organisation that sets standards to fight money laundering and terrorist financing, said South Africa was now deemed to have addressed or largely addressed 20 of the 22 action items in its action plan, leaving two items to be addressed in the next reporting period that runs from March to June.

This would enable South Africa to be considered for delisting from the FATF greylist in October.

The FATF plenary adopted the report and recommendations of the Africa Joint Group on Friday and noted South Africa’s progress in its public statement.

The Treasury welcomed the efforts of financial and non-financial regulators and beneficial ownership registries and its law enforcement users in securing upgrades for the four action items it was directly responsible for in the current reporting cycle.

It also noted the ongoing efforts by all the law enforcement agencies to demonstrate the significant progress in respect of the two action items not yet upgraded, relating to the investigation and prosecution of serious and complex money laundering and of terrorist financing.

In its statement on Friday, the FATF said South Africa should continue to work on implementing its action plan to address its remaining strategic deficiency on demonstrating a sustained increase in investigations and prosecutions of serious and complex money laundering and the full range of terrorist financing activities in line with its risk profile.

“South Africa continues to address both outstanding action items by June to enable an exit from greylisting by October,” the National Treasury said.

By Ernest Mabuza

Timeslive

Prescribed Rate of Interest is 11.00 % from 1 March 2025

The prescribed rate of interest is 11.00% per annum with effect from 1 March 2025. The previous rate was 11.25% per annum.

According to the Prescribed Rate of Interest Act, interest on debts where no rate is prescribed is calculated at the repo rate plus 3.5%. The prescribed rate of interest applies to all debts unless a different rate is set by law, by trade custom or by agreement between the parties. The parties can therefore avoid the application of the prescribed rate by agreeing to a different interest rate, subject to other applicable laws such as the National Credit Act which may limit the amount of interest that can be charged.

When the Reserve Bank changes the repo rate a new prescribed rate of interest becomes effective from the first day of the second month following the month of the new repo rate announcement. The applicable rate of interest for a debt is the rate that is in effect at the time when the interest begins to run. That rate will continue to apply even if the prescribed rate of interest changes at a later date.

Do not look for a Government Gazette notice. Gazetting the change is not a requirement and such notices are not always published on time, or at all, by the Minister.

Outdated versions of this blog remain on the internet. For the latest rate always go to Blogs | Global law firm | Norton Rose Fulbright and search for “Prescribed rate of interest”.

Here is a table of the changes in the prescribed rate since 1993 (note: there was no change in 2021):

Norton Rose

SAFETY AND SECURITY ARTICLES

SOUTH AFRICA

JOHANNESBURG INTRODUCES NEW BY-LAW FOR CCTV SURVEILLANCE REGULATION

The City of Johannesburg has approved a new by-law to regulate privately-owned closed-circuit television (CCTV) surveillance in public spaces and private property and enforce their registration including drones, body cameras and automatic number plate recognition.

The municipality explained that this is required as a mechanism to deter crime and prosecute perpetrators of crime and to ensure the safety and security of individuals and property in the City of Joburg while promoting the use of CCTV cameras.

The by-law will be applicable to use for camera-related surveillance equipment including automatic number plate recognition, body-worn video or body cameras, unmanned aerial systems or drones, and other systems that capture information about identifiable individuals or information relating to individuals.

In addition, the city may also determine tariffs, charges or surcharges dealing with any aspect, conduct, or action in terms of the by-law, and such tariffs and/or charges or surcharges will be published in the provincial gazette for information after being approved by the municipality.

According to the city, the by-law can apply to private and external CCTV cameras it has installed on council-owned land and infrastructure as well as on private property, monitoring the city’s public area and those cameras forming part of the broader CCTV network.

The municipality has assured residents that the by-law is intended to regulate and not restrict the erection of CCTV infrastructure on city property.

The City of Johannesburg departments will not be required to follow the application process but merely register the locations of the CCTV cameras with the Johannesburg Metropolitan Police Department (JMPD) for documentation and database recording purposes.

The by-law makes provision for the compilation of a database of all registered CCTV cameras within residential or private property with a view or an angle of view or coverage of a public space, which shall be kept and managed by the JMPD’s CCTV camera department.

“All CCTV camera footage or imagery is confidential and must be handled in a manner that it is not compromised. All footage or imagery must only be released to the SA Police Service (SAPS) or JMPD, with such release and receipt properly registered and documented and kept tracking such footage removal,” the by-law states.

It will be enforced with strict compliance with the applicable laws by providing an effective framework within which the municipality can prescribe, regulate, and safeguard constitutional rights to human dignity, privacy, security of persons, freedom of movement, and the general well-being of the community.

Additionally, CCTV camera data including imagery or footage must only be accessible to authorised persons, law enforcement agencies, JMPD and SAPS, to whom it must be made available, on demand, through the relevant empowering law or statute.

The City of Joburg has assured owners of CCTV cameras that data gathered through the system in public spaces or within private properties with a view or an angle of coverage to public spaces will only be used for law enforcement purposes by SAPS and JMPD.

In terms of the by-law, any contravention or failure to comply with any of its provisions could lead to fines or imprisonment not exceeding two years or both.

Persons convicted of contravening the by-law but continuing with the contravention will be liable to additional fines and imprisonment for periods not exceeding three months or both for each day on which the person continues or has continued with that act or omission.

Joburg Speaker Nobuhle Mthembu expressed her confidence that the by-law will strengthen the city’s crime-fighting efforts.

“This regulation will enhance security while ensuring that constitutional rights of citizens are not trampled on,” she said, adding that the adoption of the by-law is a significant step in ensuring that technology is used responsibly to improve safety in Joburg.

The adoption of the by-law follows Police Minister Senzo Mchunu’s revelation that members of the SAPS will start using body cameras from April 1.

Loyiso Sidimba

The Star

Uproar as City of Johannesburg passes by-law to regulate private citizens’ CCTV cameras

The City of Johannesburg is promulgating a by-law aimed at regulating privately owned closed-circuit television (CCTV) surveillance cameras in order to bring all private surveillance installations under municipal oversight.

Under the new rules, any individual or business installing a CCTV camera with a view of public space will be required to obtain formal approval from the municipality.

The by-law also imposes strict registration requirements for existing cameras, with the city creating a database of all privately owned surveillance systems monitoring public spaces.

The draft was passed last week.

It has raised the ire of residents, civil society, businesses and the Democratic Alliance (DA), which has “put forward our dissent to the proposal”, according to the party’s caucus leader in the city, Belinda Echeozonjoku. She told the Mail & Guardian that the party had had a “flood” of complaints from residents.

The only other party to oppose the draft was the African Christian Democratic Party (ACDP). It was passed by the ANC-ActionSA-Economic Freedom Fighers-Patriotic Alliance coalition in the city, with some smaller parties also agreeing to it.

ACDP councillor Ronald Winston Harris told the M&G that his party did not support the law because every home in the city that had a CCTV camera installed would have to apply for permission.

“How is this going to be monitored? Are private systems going to be integrated into the public CCTV infrastructure? Will a fee structure be put in place? How does this by-law affect those who sell the technology? The by-law is not clear on the intrusion into the lives of citizens. Yes, the technology is necessary for public safety, but we are not clear on the impact on private citizens,” he said.

Echeozonjoku said the law “introduces a complex and costly registration process that will affect homeowners, businesses and community policing forums that have installed CCTV cameras to protect their properties and public spaces”.

“Instead of working with these stakeholders to strengthen crime prevention efforts, the City of Johannesburg is imposing yet another layer of red tape, forcing residents to seek approvals, renewals and compliance checks that come with undisclosed fees and penalties,” she said.

The public participation around the law had been poor, she added.

But ActionSA’s Sarah Winslow said there had been “a lot of misinformation” about the regulation. There would be “no hidden costs” for residents, she said.

“Also, we are not restricting residents that have personal cameras but rather making sure that everyone complies with the Popia [Protection of Personal Information] Act. Footage in the past was just handed over to anyone and used. This is very dangerous.

“So, we require residents who have cameras facing the street that record people walking by or driving to register with the city. To make sure they comply with Popia, signage must be displayed that cameras are recording, so the public knows. The footage can only be given to law enforcement; it must not just be handed over to just anyone.”

The footage from the cameras would help in tracking and tracing criminals, she said.

Harris said the city had left a door open in the draft for potential charges for already over-stretched ratepayers. “It is not stated clearly in the draft that there is no cost involved,” he said.

The most pressing concern for the ACDP was the potential for invasion of privacy through the integration of private and city systems. “Will they want to tap into the footage of private citizens? Will they need a court order for that?”

Several business owners the M&G spoke to, including those who supply and install CCTV cameras, said they would challenge the law. One said trying to enforce and regulate footage from private cameras that might record some public areas was akin to trying to regulate cellphones, which did the same thing when taking photos and videos.

Julia Fish, of the Organisation Undoing Tax Abuse’s Johannesburg Community Action Network, said the civil rights organisation was concerned about the lack of public engagement accompanying the by-law.

“JoburgCAN supports legislation that enhances the rights enshrined in our Constitution such as the right to dignity, security, freedom of movement and privacy. Much of the by-law effectively adds protections and regulation to ensure these rights,” Fish said.

“However, the implications of some of the by-law equates to extensive overreach into individuals’ lives and private property which need to be properly considered in wide public comment and citizen education.”

The city had not been transparent about the costs of required site plans, insurance, storage and registration.

“For instance, the by-law requires that residents hire an engineer to certify camera setups and submit reports to the city. All businesses — which would include private security companies — require public liability insurance for community camera networks.

“If the city rejects your application for approval of your existing system, the cost of removing the equipment is at your own cost. The renewal of such permission and reports are at the ongoing discretion, and at the will, of the city at an escalating tariff of their choosing.”

Fish said by-laws should be realistic, sensible and address a clear need, “not merely add red tape and costs”.

According to the draft document, the regulation will cover all CCTV cameras installed in public spaces or on private property where the camera’s range includes public areas.

The law also addresses the storage and handling of footage, granting law-enforcement agencies access to CCTV data when required for investigations.

The draft stipulates that no CCTV camera can be erected operated, or maintained without prior written approval from the city.

Applicants will be required to submit detailed plans, including the location, technical specifications and the intended purpose of the surveillance system.

The law outlines conditions for special approval when cameras are installed on city-owned property, such as government buildings, bridges, freeways and police stations.

Failure to comply with the regulations could result in severe penalties.

The by-law empowers municipal authorities to issue compliance notices, revoke approvals and order the removal of unauthorised CCTV installations.

Non-compliant individuals or businesses can face fines, imprisonment of up to two years or both.

Commercial CCTV operators will be required to maintain records of all footage downloads and transfers, ensuring that no unauthorised individuals gain access to sensitive surveillance data. The legislation also prohibits the use of audio recording capabilities in public spaces.

Unauthorised installations on city property will be removed at the owner’s expense. In addition, the city has reserved the right to impose tariffs or surcharges for CCTV-related services.

By Des Erasmus

Mail & Guardian