Dear Subscribers,
Please see the attached link to a more detailed PDF version of the weekly Gazette and Newsflash for 21 – 28 August 2025: LC-Gazette and Newsflash 21 – 28 August 2025
Please see the latest happenings below:
| AGRICULTURE
Agricultural Product Standards Amendment Act: Commencement of Sections 1, 2, 3, 4 and 5
The President of South Africa has officially proclaimed the commencement of Sections 1 to 5 of the Agricultural Product Standards Amendment Act, 2023. These sections introduce: Section 1 – Updates definitions including “assignee,” “audit,” “management control system,” and “sell,” aligning them with modern agricultural practices. Section 2 – Clarifies the designation of assignees, requiring them to have expertise and no conflict of interest. Section 3 – Introduces cost-recovery principles for fees charged by assignees, subject to approval and public comment. Section 4 – Expands inspection powers to include audits of management control systems for quality assurance. Section 5 – Adds provisions for the Minister to regulate management control systems. The amendments aim to strengthen quality control and clarify regulatory oversight in agricultural product standards
|
| HEALTH AND SAFETY
Occupational Health and Safety Act: Regulations: General Machinery: Comments invited
1. Expanded Definition of “Competent Person”
Now includes detailed qualification and experience requirements: o Apprenticeship or accredited learnership + 5 years’ experience. o NQF Level 6 qualification in mechanical/electrical engineering + 2 years’ experience. o Certificated engineer status.
2. Power Thresholds for Supervision Requirements
Supervision requirements vary based on total power generated: o ≤1500 kW: Any competent person (a, b, or c). o 1500–5000 kW: Must be type (b) or (c). o ≥5000 kW: Must be type (c).
Similar thresholds apply for electricity generation based on maximum demand in kVA.
3. Designation of Competent Persons
Employers must designate competent persons in writing for each premises. Multiple competent persons may be designated with approval. Restrictions on supervising multiple premises unless approved by the Chief Inspector.
4. Exemptions and Exceptions
Certain machinery types (e.g., lifts, escalators, domestic appliances) are exempt from requiring designated supervisors if maintained by qualified personnel. Employers may apply for exemptions with detailed justification.
5. Safeguarding and Operation of Machinery
Stronger emphasis on: o Safeguarding exposed parts. o Regular inspection and testing of safety equipment. o Supervision by shift supervisors for machinery requiring constant attention.
6. Work on Moving or Electrically Alive Machinery
Only competent or trained persons may work near such machinery. Strict clothing and accessory restrictions to prevent entanglement.
7. Start/Stop Device Requirements
Machinery must have: o Easily accessible start/stop devices. o Lockout mechanisms during repairs. o Audible warnings before starting multi-operator machinery.
8. Incident Reporting
Specific incidents involving machinery failure, uncontrolled operation, or gas release must be reported immediately to an inspector.
9. Information and Notices
Employers must: o Provide designated persons with copies of the Act and regulations. o Display safety notices (Schedules A & B) on premises. o Explain notices to employees and keep records.
10. Offences and Penalties
Non-compliance may result in: o Fines or imprisonment (up to 6 months). o Additional penalties for continuous offences (up to 90 days).
11. Repeal of Previous Regulations
The 1988 General Machinery Regulations (Government Notice R.1521) are officially repealed. |
| IN THE NEWS: Simba v Vantage: A rare exception exposing a loophole in Uganda’s Arbitration Law Uganda gazettes the Competition Regulations, 2025 The COFI Bill: What financial institutions need to know Draft amendments to the Affordability Assessment Regulations under the National Credit Act Enhancing consumer identity protections: New amendments to the National Credit Act Draft Amendments to section 8E of the Income Tax Act The FSCA ushers in a new era for pension fund administrators after 23 years JSE axes Risk Insights contract over Bogdanov PhD scandal Upgrade To The Financial Intelligence Centre’s Goaml Registration And Reporting Platform Veggie burgers are back on the menu! NDAs and workplace harassment: South Africa’s existing legal protections Big changes hitting South African companies with over 50 employees next week The new law that could stop people from selling their car in South Africa Trade mark registrations renewals and declaration of intention to use Navigating the name game: Trade marks vs company names |
Alison and The Legal Team
CONTENTS
CUSTOMS, EXCISE AND INTERNATIONAL TRADE
Customs and Excise Act: Amendment of Rules
Occupational Health and Safety Act: Regulations: General Machinery: Comments invited
Marine Living Resources Act: Regulations: Entry of Foreign Fishing Vessels into South African Waters
Allied Health Professions Act: Inclusion of profession of Somatology and Sports Massage Therapy
Allied Health Professions Act: Regulations: Professions of Therapeutic Massage
Pharmacy Act: Determination of amounts
Simba v Vantage: A rare exception exposing a loophole in Uganda’s Arbitration Law
Uganda gazettes the Competition Regulations, 2025
The COFI Bill: What financial institutions need to know
Draft amendments to the Affordability Assessment Regulations under the National Credit Act
Enhancing consumer identity protections: New amendments to the National Credit Act
Draft Amendments to section 8E of the Income Tax Act
The FSCA ushers in a new era for pension fund administrators after 23 years
JSE axes Risk Insights contract over Bogdanov PhD scandal
Upgrade To The Financial Intelligence Centre’s Goaml Registration And Reporting Platform
Veggie burgers are back on the menu!
NDAs and workplace harassment: South Africa’s existing legal protections
Big changes hitting South African companies with over 50 employees next week
The new law that could stop people from selling their car in South Africa
Trade mark registrations renewals and declaration of intention to use
Navigating the name game: Trade marks vs company names
AGRICULTURE
|
| LAW AND TYPE OF NOTICE
Agricultural Product Standards Amendment Act:
Commencement of Sections 1, 2, 3, 4 and 5 (English / Afrikaans)
G 53210 P 279
22 August 2025
|
| APPLIES TO:
1. Agriculture and Farming
2. Agro-processing and Food Manufacturing
3. Organic and Sustainable Farming
4. Export and Trade
5. Retail and Consumer Goods
6. Regulatory and Inspection Services
|
| FULL TEXT
|
| DETAILS
More details about the affected sections
w.e.f. 22 August, 2025
In this Act, unless the context otherwise indicates—
“advertisement”, in relation to a product, means any written, illustrated, visual or other descriptive matter or oral statement, communication, representation or reference which is distributed among members of the public or otherwise brought to their notice, and which is or purports to be intended to promote the sale of a product or to encourage the use thereof or otherwise to draw attention thereto; and “advertise” has a corresponding meaning;
“appeal board” means an appeal board appointed in terms of section 10 (1);
“assignee” means a person, undertaking, body, institution, association or board designated as such under section 2 (3);
“audit” means an examination of the management control system in order to determine whether activities and related results comply with the claims associated with the product; [Definition of “audit” inserted by s. 1 (a) of Act No. 12 of 2023 w.e.f. 22 August, 2025.]
“class or grade”, in relation to a product, means a class of that product determined according to the size, mass, measure, number, measurements, colour, appearance, purity, or chemical, physical or micro-biological composition, or another feature or characteristic, of the product concerned, or a unit or quantity thereof;
“conveyance” means any aircraft, ship, boat, train, motor car, van, truck, cart or other vehicle or mode of transport of whatever kind, including the fittings and equipment; [Definition of “conveyance” inserted by s. 1 (a) of Act No. 63 of 1998.]
“department” means the Department of Agriculture, Land Reform and Rural Development; [Definition of “department” substituted by s. 1 (b) of Act No. 12 of 2023 w.e.f. 22 August, 2025.]
“Director-General” means the Director-General of the department; [Definition of “Director-General” substituted by s. 1 (c) of Act No. 12 of 2023 w.e.f. 22 August, 2025.]
“distinctive mark” means a distinctive mark prescribed under section 5 (1);
“executive officer” means the officer designated under section 2 (1);
“export” means export from the Republic by any means and for any purpose, and when used as a noun it shall have a corresponding meaning;
“import” means to bring into the Republic by any means and for any purpose and when used as a noun it shall have a corresponding meaning; [Definition of “import” inserted by s. 1 (b) of Act No. 63 of 1998.]
“management control system” means the prescribed method of production which may be claimed through the use of a name, word, expression, reference, particulars or indication in any manner, either by itself or in conjunction with any other verbal, written, printed, illustrated or visual material; [Definition of “management control system” inserted by s. 1 (b) of Act No. 63 of 1998 and substituted by s. 1 (d) of Act No. 12 of 2023 w.e.f. 22 August, 2025.]
“Minister” means the Cabinet member responsible for agriculture; [Definition of “Minister” substituted by s. 1 (e) of Act No. 12 of 2023 w.e.f. 22 August, 2025.]
“officer” means an officer as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and includes an employee as defined in section 1 of that Act; [Definition of “officer” substituted by s. 1 (c) of Act No. 63 of 1998.]
“prescribed” means prescribed by regulation;
“product” means— (a)any commodity of vegetable or animal origin, or produced from a substance of vegetable or animal origin, and which consists wholly or partially of such substance; and (b)any other commodity which in general appearance, presentation and intended use corresponds to a commodity referred to in paragraph (a);
“regulation” means a regulation made under section 15;
“sell” includes to offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale, or to exchange or to dispose of to any person in any way for a consideration and “sold”, “selling” and “sale” have a corresponding meaning; [Definition of “sell” substituted by s. 1 (f) of Act No. 12 of 2023 w.e.f. 22 August, 2025.]
“this Act” includes the regulations.
002 Designation of executive officer and assignees Para. (a) substituted by s. 2 of Act No. 63 of 1998 and by s. 2 of Act No. 12 of 2023 w.e.f. 22 August, 2025.
(1) The Minister shall designate an officer in the service of the department as executive officer, who shall, subject to the control and directions of the Minister, exercise the powers and perform the duties conferred upon or assigned to the executive officer by or under this Act.
(2)
(a) The executive officer may, unless expressly provided otherwise, in writing delegate or transfer to any officer under his or her control any such power or duty, or in writing authorize or direct any such officer to exercise such power or perform such duty.
(b) A power exercised or duty performed by an officer other than the executive officer shall be deemed to have been exercised or performed by the executive officer: Provided that the executive officer may at any time amend or withdraw any decision made or order given by such other officer.
(3)
(a) The Minister may, for the purposes of the application of this Act or certain provisions thereof designate as assignee a person, undertaking, body, institution, association, or board—
(i)having a particular knowledge of the product concerned; or
(ii)having a particular knowledge of the relevant management control systems, with no direct or indirect personal or financial interest.
[Para. (a) substituted by s. 2 of Act No. 63 of 1998 and by s. 2 of Act No. 12 of 2023 w.e.f. 22 August, 2025.]
(b) An assignee thus designated shall—
(i)unless expressly provided otherwise and subject to the directions of the executive officer, exercise the powers and perform the duties that are conferred upon or assigned to the executive officer by or under this Act, with regard to the product referred to in paragraph (a);
(ii)in the case of a juristic person, notwithstanding anything to the contrary contained in any other law or in the absence of any express provision to that effect, be competent to exercise the powers and perform the duties referred to in subparagraph (i); and
(iii)unless the Minister in a particular case otherwise directs, have no recourse against the State in respect of any expenses incurred in connection with the exercising of such powers or the performance of such duties.
(c) The chief executive official, chairman or other person in charge of such assignee who is not a natural person—
(i)shall act on behalf of that assignee in the exercise of the powers concerned and the performance of the duties concerned; and
(ii)may in writing delegate or transfer to an employee of that assignee any such power or duty which the assignee concerned shall or may exercise or perform by or under this Act, or in writing authorize or direct any such employee to exercise such power or perform such duty.
(d) A power exercised or duty performed by an employee referred to in paragraph (c) (ii), shall be deemed to have been exercised or performed by the chief executive official, chairman or other person in charge, as the case may be: Provided that the chief executive official, chairman or other person in charge, as the case may be, may at any time amend or withdraw any decision made or order given by such employee.
003 Control over sale of products Sub-s. (1B) inserted by s. 3 of Act No. 12 of 2023 w.e.f. 22 August, 2025.
(1) The Minister may—
(a)prohibit the sale of a prescribed product—
(i)unless that product is sold according to the prescribed class or grade;
(ii)unless that product complies with the prescribed standards regarding the quality thereof, or a class or grade thereof;
(iii)unless the prescribed requirements in connection with the management control system, packing, marking and labelling of that product are complied with;
[Sub-para. (iii) substituted by s. 3 (a) of Act No. 63 of 1998.]
(iv)if that product contains a prescribed prohibited substance or does not contain a prescribed substance; and
(v)unless that product is packed, marked and labelled in the prescribed manner or with the prescribed particulars;
(b)determine that a prohibition referred to in paragraph (a) shall apply only to a prescribed category of persons or in a prescribed area, or exclude a prescribed category of persons or a prescribed area from such prohibition, or determine that a prohibition shall only apply under such other prescribed circumstances as the Minister deems necessary; and
(c)authorize only the executive officer to exempt any person in writing, either entirely or partially, on the conditions which the executive officer deems necessary, from a prohibition referred to in paragraph (a), and the executive officer may grant such exemption either in general or in respect of a particular quantity of a product.
(1A)
(a) Fees may be charged in respect of the powers exercised and duties performed by the executive officer or the assignee, as the case may be, to ensure compliance with this section.
(b) In the case of powers exercised and duties performed by—
(i)the executive officer, the prescribed fee shall be payable; and
(ii)the assignee, the fee determined by such assignee shall be payable.
[Sub-s. (1A) inserted by s. 3 (b) of Act No. 63 of 1998.]
(1B) Any fee determined in terms of subsection (1A) (b) (ii) shall be calculated on a cost-recovery basis, and shall only come into effect if—
(a)the assignee concerned, within a specified period, has submitted a business plan and budget setting out the powers and duties to be exercised and performed by the assignee and the expected costs associated therewith to the executive officer for consideration;
(b)the executive officer, within a specified period, has invited written comment on the business plan and budget of such assignee from interested parties or individuals who are directly affected by the actions of that assignee; and
(c)the executive officer, after consideration of the comments received in terms of paragraph (b), has in writing approved the business plan and budget of the assignee for a specified period, not exceeding 12 months, set out in such approval.
[Sub-s. (1B) inserted by s. 3 of Act No. 12 of 2023 w.e.f. 22 August, 2025.]
(2)
(a) A notice issued under section 84 of the Marketing Act, 1968 (Act No. 59 of 1968), and in force immediately prior to the commencement of this section, shall be deemed to be a prohibition referred to in subsection (1) (a).
(b) A regulation made under section 89 of the Marketing Act, 1968, which is connected with a notice referred to in section 84 of that Act, and in force immediately prior to the commencement of this section, shall be deemed to be a regulation made under section 15 of this Act.
003A. Audit or inspection, grading and sampling for quality control. w.e.f. 22 August, 2025
(1) The executive officer or the assignee may, during business hours of the industry in question in the case of control in terms of section 3 (1), or at any time in the case of control in terms of sections 4 (1) and 4A (1), enter any place, premises or conveyance in or upon which any product, material, substance or other article in respect of which this Act applies, is or is upon reasonable grounds suspected to be produced, processed, treated, prepared, classified, graded, packed, marked, labelled, kept, removed, transported, exhibited or sold, and—
(a)open any container found at or on the place, premises or conveyance which the relevant person referred to in subsection (1) believes on reasonable grounds contains any product, material, substance or other article to which this Act applies;
(b)classify, grade, pack or mark any quantity of a product in accordance with the prescribed requirements, or direct the owner or person in charge of that place, premises or conveyance to thus classify, grade, pack or mark such quantity;
(c)inspect or test or cause to be tested any quantity of a product;
(d)inspect or test or cause to be tested any quantity of a product, material, substance or other article which is used or suspected to be used at or in connection with the production, processing, treatment, preparation, classification, grading, packing, marking, labelling, keeping, removal, transporting, exhibition or sale of such product;
(e)subject to subsection (2) (d), take such samples of a product, material, substance or other article in question as he or she may deem necessary; and
( f )require the owner or custodian to produce for inspection, or for obtaining a copy or extract, any book, label or other document or paper with regard to the administration of this Act.
(2)
(a) In the case of action under subsection (1), the relevant person referred to in that subsection may take with him or her such assistant, appliance, instrument or other tool as he or she may deem necessary for the purpose of that subsection.
(b) If, in the case of action under subsection (1) (b), the relevant person referred to in subsection (1) is of the opinion that—
(i)the class or grade of a product is indicated incorrectly on the product or on the container thereof; or
(ii)a distinctive mark or a representation purporting to be a distinctive mark is indicated on the product or on the container thereof in contravention of the provisions of section 5, such person may cancel the said indication, or direct the owner or person in charge of the place, premises or conveyance in question to cancel such indication, and the provisions of subsection (1) (b) shall apply mutatis mutandis regarding the reclassification, regrading, repacking or re-marking of the product in question.
(c) The relevant person referred to in subsection (1) may audit the management control system and demand from the owner or custodian of the product, material, substance or other article in question, or from the person supervising such management control system, any formation or an explanation regarding the management control system, product, material, substance or other article in question. [Para. (c) substituted by s. 4 (b) of Act No. 12 of 2023 w.e.f. 22 August, 2025.]
(d) Any sample taken under subsection (1) (e) shall—
(i)be taken in the presence of the person in charge of, or the owner or custodian of such product, material, substance or other article, or, if such person, owner or custodian is not available, in the presence of any other witness, and a receipt of sampling in respect of each sample taken shall, on request, be issued to the person in charge, owner or custodian of that product;
(ii)if necessary, be packed and identified in such a manner as the nature thereof permits; and
(iii)as soon as possible after it has been taken, be submitted to a person, undertaking, body, institution, association, board or laboratory which is competent to test, inspect or analyse that sample.
(3) A person who enters upon any place, premises or conveyance under this section shall show proof of his or her identity and authority when requested thereto by the person in charge of the place, premises or conveyance in question.
(4) In the case of action under subsection (1) (b), (c), (d) or (e), or subsection (2) (c) by the relevant person referred to in subsection (1), the owner of the product in question shall pay the prescribed fees or the amount determined by the assignee, as the case may be, for such action. [S. 3A inserted by s. 4 of Act No. 63 of 1998, heading substituted by s. 4 (a) of Act No. 12 of 2023 w.e.f. 22 August, 2025. Sub-s. (4) substituted by s. 4 (c) of Act No. 12 of 2023 w.e.f. 22 August, 2025.]
004 Control over export of products w.e.f 22 August 2025
(1) The Minister may—
(a)prohibit the export from the Republic of a prescribed product unless each quantity of that product, intended for export, has been approved by the executive officer for that purpose;
(b)determine that a prohibition referred to in paragraph (a) shall only apply to the export of a prescribed product to a prescribed country or for a prescribed purpose, or in a prescribed form or quantity, or under such other prescribed circumstances as the Minister deems necessary; and
(c)exclude the export of a prescribed product to a prescribed country or for a prescribed purpose, or in a prescribed form or quantity, from a prohibition referred to in paragraph (a).
(2) An application for an approval referred to in subsection (1) shall—
(a)in the case where an assignee has been designated under section 2 (3) (a), be made at the time and in the manner determined by such assignee, and upon payment of the fees that the said assignee determines; or
(b)in the case where no assignee has been so designated, be made in the prescribed manner and the prescribed fee shall, in respect of such application, be payable in the prescribed manner and at the prescribed time.
[Sub-s. (2) substituted by s. 73 of Act No. 129 of 1993.]
(3)
(a) A quantity of a product shall only be approved for export under subsection (1)—
(i)subject to the conditions specified by the executive officer in the approval; and
(ii)if that quantity of the product complies with the standards regarding the quality of the product, and with the requirements regarding the management control system, packing, marking and labelling of the product, stipulated only by the executive officer for the product concerned.
[Sub-para. (ii) substituted by s. 5 (a) of Act No. 63 of 1998.]
(b) Particulars of the standards and requirements referred to in paragraph (a) (ii)—
(i)shall be available free of charge for inspection only at the office of the executive officer and, if he or she deems it necessary, at any other office determined by him; and
(ii)shall only be obtainable from the executive officer on payment of the applicable amount determined by him.
(c) The standards and requirements referred to in paragraph (a) (ii), or any amendment thereof, shall come into operation on a date seven days after notice of the stipulation or amendment thereof, as the case may be, has been given by the executive officer in the Gazette.
(4) Notwithstanding the provisions of subsection (3) (a), only the executive officer and any person contemplated in section 2 (2) (a) may deviate from the standards and requirements stipulated under that subsection and issue the approval referred to in subsection (1) in respect of a quantity of a product that—
(a)is to be exported as an experiment or under such other special circumstances as may be approved by the executive officer in the case concerned; and
(b)complies with the requirements for such product in force in the country to which it is to be exported. [Sub-s. (4) amended by s. 5 (b) of Act No. 63 of 1998.]
004A Control over sale of imported products w.e.f 22 August 2025
(1) The Minister may—
(a)prohibit the sale of a prescribed product imported into the Republic unless each quantity of such product intended for sale in the Republic complies with the provisions of section 3 (1); and
(b)determine by notice in the Gazette that a particular prescribed product imported for sale in the Republic shall not be removed from the prescribed port of entry or such other place as the executive officer may determine unless—
(i)each quantity of such product intended for sale in the Republic has been approved by the executive officer for that purpose; or
(ii)written permission for the removal of a particular quantity of such product has been granted by the executive officer on the conditions which he or she deems necessary.
(2) The executive officer may exempt, in writing, a quantity of a prescribed product from complying with the provisions of subsection (1) if such quantity of a product is imported for purposes other than for the purpose of sale in the Republic.
(3) An application for an approval referred to in subsection (1) (b) (i) shall be made in the prescribed manner and the prescribed fee shall, in respect of such application, be payable in the prescribed manner and at the prescribed time.
[S. 4A inserted by s. 6 of Act No. 63 of 1998.]
w.e.f 22 August 2025
(1) The Minister may prescribe a distinctive mark for use in connection with—
(a)the sale of a product referred to in section 3 (1) (a), the export of a product referred to in section 4 (1), or a particular class or grade of such products, so as to certify the correctness of the indication of the class or grade or, in the case of organically produced products, the production method concerned; and
(b)a particular management control system.
[Sub-s. (1) substituted by s. 7 (a) of Act No. 63 of 1998.]
(2) No person shall in connection with the sale or the export of a product, or the management control system, or a class, grade or production method of that product, use a distinctive mark, or any name, word, expression, reference, particulars or indication which creates or is likely to create the impression that it is a distinctive mark, unless—
(a)it is a distinctive mark prescribed by the Minister in terms of subsection (1);
(b)such product, management control system, or class, grade or production method of that product, complies with the requirements prescribed in terms of section 3 (1) (a) for the sale, or in terms of section 4 (1) for the export, of the product concerned; and
(c)that person has been authorized in writing by the executive officer to use the distinctive mark concerned in connection with the sale or the export of his or her product, or the management control system, or a class, grade or production method of that product, as the case may be.
[Sub-s. (2) substituted by s. 7 (b) of Act No. 63 of 1998.]
(3) An application for an authorization referred to in subsection (2) (c) shall be made in the prescribed manner, and the Minister may, if he or she deems it necessary in the case of a product, or the management control system, or a class, grade or production method thereof, prescribe the fees payable in respect of such application: Provided that the Minister may prescribe different amounts in respect of the distinctive products, management control systems, or classes, grades or production methods of those products.
[Sub-s. (3) substituted by s. 7 (c) of Act No. 63 of 1998.]
(4) Subject to the provisions of subsection (2) (b), the executive officer shall issue an authority referred to in subsection (2) (c) subject to such conditions as he or she may determine and specify in the authorization.
(5) A person to whom an authority referred to in subsection (2) (c) has been issued, and in respect of whom fees have been prescribed in terms of subsection (3), shall pay the prescribed fees within the prescribed period in order to maintain the authorization for the use of the distinctive mark concerned.
(6) An authority referred to in subsection (2) (c)—
(a)shall lapse if the holder thereof fails to pay the fees referred to in subsection (5); and
(b)may be withdrawn by the executive officer if he or she is satisfied that the holder thereof refuses or fails to comply with the requirements referred to in subsection (2) (b) or that the conditions referred to in subsection (4) are not being complied with.
|
| LINK TO FULL NOTICE
Agricultural Product Standards Amendment Act: Commencement of Sections 1, 2, 3, 4 and 5 (English / Afrikaans)G 53210 P 279 22 August 2025
|
| ACTION
1. AGRICULTURAL PRODUCERS
Actions Required:
2. FOOD PROCESSORS & MANUFACTURERS
Actions Required:
3. EXPORTERS
Actions Required:
4. RETAILERS & DISTRIBUTORS
Actions Required:
5. ORGANIC & SPECIALTY PRODUCERS
Actions Required:
|
CUSTOMS, EXCISE AND INTERNATIONAL TRADE
|
| LAW AND TYPE OF NOTICE
Customs and Excise Act:
Amendment of Rules
G 53208 RG 11873 GoN 6525
22 August 2025
|
| APPLIES TO:
1. Importers and Exporters
2. Customs Brokers and Freight Forwarders
3. Manufacturers and Distributors
4. Warehousing and Logistics Companies
5. Multinational Corporations
6. Government and Regulatory Agencies
|
| SUMMED UP
Amendments Effective 1 September 2025
1. Rule 64E.08A – Updating Accreditation Details
2. Rule 64E.20 – Transitional Provision for Pre-2023 Accreditations
|
| FULL TEXT
|
| DETAILS
SOUTH AFRICAN REVENUE SERVICE
NO. R. 6525 22 August 2025
GENERAL EXPLANATORY NOTE:
[ ] Words that are between square brackets and in bold typeface, indicate deletions from the existing rules ______ Words that are underlined with a solid line, indicate insertions in the existing rules
SOUTH AFRICAN REVENUE SERVICE
CUSTOMS AND EXCISE ACT, 1964
AMENDMENT OF RULES
Under sections 64E and 120 of the Customs and Excise Act, 1964 (Act 91 of 1964), the rules published in Government Notice R.1874 of 8 December 1995, are herewith amended to the extent set out in the Schedule hereto with effect from 1 September 2025
JOHNSTONE MAKHUBU COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE (Acting)
SCHEDULE
Insertion of rule
1. The following rule is hereby inserted after rule 64E.08:
“Updating of accreditation details 64E.08A.
(1) The Commissioner may at any time require a holder of accredited client status to update accreditation details within a period specified n the request by completing and submitting in accordance with rule 64E.05, the electronic application form and to furnish any additional information required, if applicable.
(2) The Commissioner may in terms of section 64E(3) cancel or suspend an accredited client status if the holder of such status does not update accreditation details in accordance with subrule (1).
(3) The validity period of an accredited client status in respect of which an update was done in terms of this rule remains the same as it had been before the update and renewal of the status must take place in accordance with rule 64E.11.”.
Insertion of rule
2. The following rule is hereby inserted after rule 64E.19:
“Additional transitional provision relating to the transfer of accreditation details in respect of statuses granted before 8 December 2023
64E.20 (1) For purposes of this rule –
“electronic accreditation system” means the SARS electronic system used for purposes of processing applications for accreditation;
“holder of accredited client status” includes –
(a) a holder of Level 1 accredited client status in terms of rule 64E.19(3); and
(b) a holder of Level 1 or Level 2 accredited client status granted after 23 July 2021 when the replacing rules as defined in rule 64E.19(1) took effect;
“transfer”, in relation to the accreditation details of a holder of an accredited client status in terms of these rules, means to transfer such details to the electronic accreditation system in the manner contemplated in subrule (2).
(2) A holder of accredited client status granted before 8 December 2023 when the electronic accreditation system was implemented by rule amendments introduced by Government Gazette 49792, must transfer their accreditation details by submitting an application for accredited client status in accordance with rule 64E.05–
(a) within six calendar months of the effective date of this rule as set out in subrule (5); or
(b) in the case where the 30 calendar day renewal period contemplated in rule 64E.11(1) in respect of the relevant status will commence before the expiry of the 6 month period referred to in paragraph (a), before commencement of that renewal period.
(3) The accredited client status of any holder contemplated in subrule (1) who fails to comply with that subrule may be cancelled or suspended by the Commissioner as contemplated in section 64E(3).
(4) The validity period of an accredited client status in respect of which the transfer is approved, is five years, which period commences on the date of approval of transfer.
|
| LINK TO FULL NOTICE
Customs and Excise Act: Amendment of RulesG 53208 RG 11873 GoN 6525 22 August 2025
|
ELECTRONIC COMMUNICATIONS |
| LAW AND TYPE OF NOTICE
Electronic Communications Act:
Policy direction to Independent Communications Authority of South Africa on inquiry into need for applications for Individual Electronic Communications Network Services Licences
G 53215 GoN 6542
22 August 2025
|
| APPLIES TO:
1. Existing ECNS License Holders
2. Potential New Entrants
3. Internet Service Providers (ISPs)
4. Infrastructure Companies
5. MVNOs (Mobile Virtual Network Operators)
6. OTT Service Providers
7. Regulatory and Government Bodies
|
| SUMMED UP
Purpose of the Policy Direction To instruct ICASA to conduct an inquiry into whether new individual ECNS licences should be invited and issued, in light of market conditions and regulatory constraints.
Key Background Points
Inquiry Objectives for ICASA
ICASA must assess: 1. Effectiveness of licence transfer framework in promoting competition. 2. Demand and need for new individual ECNS licences. 3. Whether new licences would enhance competition and meet the objectives of the Electronic Communications Act. 4. How new licences could support universal access to communications services. 5. Whether the benefits outweigh the costs, including regulatory burdens and environmental impact.
Timeline and Reporting
Stakeholder Feedback
|
| FULL TEXT
|
| DETAILS
DEPARTMENT OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES
NO. 6542 22 August 2025
ELECTRONIC COMMUNICATIONS ACT, 2005 (ACT NO. 36 OF 2005)
POLICY DIRECTION TO THE INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA ON INQUIRY INTO NEED FOR APPLICATIONS FOR INDIVIDUAL ELECTRONIC COMMUNICATIONS NETWORK SERVICES LICENCES
I, Mr. Solly Malatsi, Minister of Communications and Digital Technologies, hereby issue the Policy Direction in the Schedule to the Independent Communications Authority of South Africa in terms of section 3(2) of the Electronic Communications Act, 2005 (Act No. 36 of 2005). ______________________________ MR. SOLLY MALATSI, MP MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES DATE: 20 August 2025
SCHEDULE
POLICY DIRECTION TO THE INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA ON INQUIRY INTO NEED FOR APPLICATIONS FOR INDIVIDUAL ELECTRONIC COMMUNICATIONS NETWORK SERVICES LICENCES
1. Background
1.1 The Competition Commission issued a Data Services Market Inquiry (DSMI) Report on 2 December 2019. Amongst others, the DSMI Report observed that “high prices may also be caused by hindrances to effective competition, regardless of the cost level”. The report highlights that “where competition is inadequate or non-existent, firms have more market power and a greater ability to increase prices above the competitive level”. The report also states that high levels of profitability and mark ups, as demonstrated in the report, are indicators of market power and a lack of effective competitive constraints on pricing levels. The report concludes that “it is the lack of competition in the market that appears to be of the greatest impediment to lower prices for consumers”.
1.2 The DSMI Report also pronounced on inadequate universal access to electronic communications services in the country. The report cited Stats SA General Household Survey of 2018, which indicated that 35% of South African households do not have access to Internet in any form (including Internet cafes) and that just 10% of households have Internet at home. By 2021, the percentage of South African households that did not have access to Internet in any form decreased to 22,5% while access to Internet at home only increased to 10,4% of households. The DSMI Report recommended that interventions ought not only to be focused on driving down data costs but also on ways to promote affordable universal access.
1.3 Section 5(6) of the Electronic Communications Act, 2005 (Act No. 36 of 2005) (the Act) provides that – ‘The Authority may only accept and consider applications for individual electronic communications network services licences in terms of a policy direction issued by the Minister in terms of section 3’.
1.4 Section 5(6) was included in the Act in the context of liberalisation but has been overtaken by market developments. On the one hand, about 490 individual electronic communications network services licences already exist (and about 2228 class electronic communications network services licences) . On the other hand, it is not possible to apply for new individual electronic communications network services licences, since a policy direction as contemplated in section 5(6) of the Act, is required. This has resulted in the trade of individual electronic communications network services licences, where the role of the Authority is limited to considering applications for licence transfers.
1.5 Industry stakeholders requested that a policy direction be issued to the Authority under section 5(6) of the Act, to enable the Authority to invite applications for new individual electronic communications network services licences.
1.6 The DSMI Report observed a lack of competition in the market, but the hindrances to effective competition did not include an insufficient number of individual electronic communications network services licensees. Since a high number of individual electronic communications network services licences have already been granted and may be transferred subject to the Authority’s approval, the Authority should determine whether new individual electronic communications network services licences will promote the objects of the Act including without limitation, improved competition and the universal provision of electronic communications networks and electronic communications services.
1.7 During the public consultation, most stakeholders expressed their support for the draft policy direction. Other responses included the following:
1.7.1 Some stakeholders argued that the DSMI is outdated and should not be referred to. In the Department’s view, however, the high levels of concentration in the market and the high margins of the largest firms that were observed by the DSMI remain largely unchanged, and therefore the findings remain relevant.
1.7.2 Some stakeholders including industry representative bodies, argued that the scope of the inquiry should be extended to include a full market analysis; replace the licensing model with a general authorisation regime that covers OTT providers, TowerCos and MVNOs; and consider international developments regarding infrastructure-sharing agreements. The matters raised are important but need to form part of a policy review first, and if adopted, a new licensing model will require amendments to the Act. The Department set a target in its 2025/26 Annual Performance Plan, to develop a Framework for the Review of ICT Sector legislation/policy in terms of which the further recommendations of stakeholders will be considered. Without detracting from the purpose of the inquiry to be undertaken by the Authority, and because stakeholders will likely then raise broader licensing proposals, the Authority may include related recommendations in its report to the Minister.
1.7.3 Other stakeholders suggested that an inquiry into need and demand requires a market inquiry as provided for in section 67 of the Act. This is not legally correct.
1.8 Since the review of ICT Sector policy and legislation will take time, the proposed intervention remains appropriate and necessary.
2. Policy Direction
2.1 The Authority is hereby directed, in terms of section 3(2) of the Act, to undertake an inquiry in terms of section 4B of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000) (the ICASA Act). The inquiry should consider:
2.1.1 whether or not the implementation of the framework in the Act which allows for the transfer of individual electronic communications network services and electronic communications service licences, has been effective and efficient with regard to the promotion of competition within the sector;
2.1.2 the demand for and need to invite, accept and consider applications for new individual electronic communications network services licences;
2.1.3 whether new individual electronic communications network service licences will promote the objects of the Act and specifically improve competition in the market for individual electronic communications network services;
2.1.4 whether or not and how new individual electronic communications network service licences will contribute to universal provision of electronic communications networks; and
2.1.5 whether the benefits of new individual electronic communications network service licences outweigh the costs including the cost to the Authority of monitoring and enforcing compliance with any such licences, and the burden on the environment.
2.2 The Authority is directed to –
2.2.1 commence the inquiry within three months of the date of publication of the policy direction; and
2.2.2 submit a report to the Minister in respect of such matters as are set out in paragraph 2.1 within 14 days of making a finding as contemplated in section 4C(6) of the ICASA Act, to enable the Minister to consider whether or not to issue a further policy direction in terms of section 3 read with section 5(6) of the Act.
|
| LINK TO FULL NOTICE
Electronic Communications Act: Policy direction to Independent Communications Authority of South Africa on inquiry into need for applications for Individual Electronic Communications Network Services LicencesG 53215 GoN 6542 22 August 2025
|
| ACTION
1. Existing ECNS License Holders
Actions Required:
2. Potential New Entrants
Actions Required:
3. Internet Service Providers (ISPs)
Actions Required:
4. Infrastructure Companies (TowerCos, Fiber Builders)
Actions Required:
5. MVNOs
Actions Required:
6. OTT Providers
Actions Required:
7. Regulatory and Government Bodies
Actions Required:
|
FINANCE
|
| LAW AND TYPE OF NOTICE
Financial Markets Act:
JSE Debt and Specialist Securities– Listings requirements Central Securities Depository naming convention: Amendment: Comments invited
G 53210 BN 822
– Comment by 05 Sep 2025
22 August 2025
|
| APPLIES TO:
1. Listed Companies
2. Financial Institutions
3. Central Securities Depository (CSD) Participants
4. Legal and Compliance Advisory Firms
5. Auditors and Corporate Governance Consultants
6. Prospective Issuers
|
| FULL TEXT
|
| DETAILS
BOARD NOTICE 822 OF 2025
NOTICE OF 2025
FINANCIAL SECTOR CONDUCT AUTHORITY
FINANCIAL MARKETS ACT, 2012
PROPOSED AMENDMENTS TO THE JSE DEBT AND SPECIALIST SECURITIES LISTINGS REQUIREMENTS CENTRAL SECURITIES DEPOSITORY (CSD) NAMING CONVENTION
The Financial Sector Conduct Authority (“FSCA”) hereby gives notice under section 11(6)(c)(ii) of the Financial Markets Act, 2012 (Act No. 19 of 2012) that the proposed amendments to the JSE listing requirements have been published on the official website of the FSCA (www.fsca.co.za) for public comment.
All interested persons who have any objections to the proposed amendments are hereby called upon to lodge their objections with the FSCA on email: Queries.Marketinfrastructures@fsca.co.za within a period of fourteen (14) days from the date of publication of this notice.
Mr Shreelin Naicker Head of Department Markets, Issuers and Intermediaries Department Market integrity and Decision Sciences Division
Amendments to the JSE Listings Requirements, DSS Requirements & Simplified Listings Requirements
August 2025
Central Securities Depository
The JSE is proposing amendments to the JSE Listings Requirements and the JSE Debt & Specialist Securities Listings Requirements, as set out in Annexure A and B.
On the basis that the Simplified Listings Requirements are in the final stages of public consultation, the JSE has shown the proposed amendments to the Simplified Listings Requirements which were published in the Government Gazette during March 2025. Please refer to Annexure C.
The JSE has been in discussions with the Financial Sector Conduct Authority (FSCA) regarding the named references to “Strate” as the JSE’s appointed CSD in the Listings Requirements.
Following these discussions, the JSE and the FSCA have reached an agreement that the JSE will amend the Listings Requirements by replacing all specific references to “Strate” with “the central securities depository”.
Furthermore, in the proposed amendments to the JSE directives, “Strate Limited” will be identified as the central securities depository currently appointed by the JSE.
~END~ |
| LINK TO FULL NOTICE
Financial Markets Act: JSE Debt and Specialist Securities– Listings requirements Central Securities Depository naming convention: Amendment: Comments invitedG 53210 BN 822 – Comment by 05 Sep 2025 22 August 2025
|
| ACTION
Ensure that you submit your comments before 05 September 2025
|
| LAW AND TYPE OF NOTICE
Financial Markets Act:
JSE Interest and Currency Derivatives Rules – Central Securities Depository naming convention: Amendment: Comments invited
G 53210 BN 824
– Comment by 05 Sep 2025
22 August 2025
|
| APPLIES TO:
1. Listed Companies
2. Financial Institutions
3. Central Securities Depository (CSD) Participants
4. Legal and Compliance Advisory Firms
5. Auditors and Corporate Governance Consultants
6. Prospective Issuers
|
| FULL TEXT
|
| DETAILS
BOARD NOTICE 824 OF 2025
NOTICE OF 2025
FINANCIAL SECTOR CONDUCT AUTHORITY
FINANCIAL MARKETS ACT, 2012
PROPOSED AMENDMENTS TO THE JSE INTEREST RATE AND CURRENCY DERIVATIVES RULES – CENTRAL SECURITIES DEPOSITORY (CSD) NAMING CONVENTION
The Financial Sector Conduct Authority (“FSCA”) hereby gives notice under section 71(3)(b)(ii) of the Financial Markets Act, 2012 (Act No. 19 of 2012) that the proposed amendments to the JSE rules have been published on the official website of the FSCA (www.fsca.co.za) for public comment.
All interested persons who have any objections to the proposed amendments are hereby called upon to lodge their objections with the FSCA on email: Queries.Marketinfrastructures@fsca.co.za within a period of fourteen (14) days from the date of publication of this notice.
Mr Shreelin Naicker Head of Department Markets, Issuers and Intermediaries Department Financial Sector Conduct Authority
|
| LINK TO FULL NOTICE
Financial Markets Act: JSE Interest and Currency Derivatives Rules – Central Securities Depository naming convention: Amendment: Comments invitedG 53210 BN 824 – Comment by 05 Sep 2025 22 August 2025
|
| ACTION
Ensure that you submit your comments before 05 September 2025
|
| LAW AND TYPE OF NOTICE
Financial Markets Act:
JSE Equity Rules – Central Securities Depository naming convention: Amendment: Comments invited
G 53210 BN 823
– Comment by 05 Sep 2025
22 August 2025
|
| APPLIES TO:
1. Listed Companies
2. Financial Institutions
3. Central Securities Depository (CSD) Participants
4. Legal and Compliance Advisory Firms
5. Auditors and Corporate Governance Consultants
6. Prospective Issuers
|
| FULL TEXT
|
| DETAILS
BOARD NOTICE 823 OF 2025
NOTICE OF 2025
FINANCIAL SECTOR CONDUCT AUTHORITY
FINANCIAL MARKETS ACT, 2012
PROPOSED AMENDMENTS TO THE JSE EQUITY RULES – CENTRAL SECURITIES DEPOSITORY (CSD) NAMING CONVENTION
The Financial Sector Conduct Authority (“FSCA”) hereby gives notice under section 71(3)(b)(ii) of the Financial Markets Act, 2012 (Act No. 19 of 2012) that the proposed amendments to the JSE rules have been published on the official website of the FSCA (www.fsca.co.za) for public comment.
All interested persons who have any objections to the proposed amendments are hereby called upon to lodge their objections with the FSCA on email: Queries.Marketinfrastructures@fsca.co.za within a period of fourteen (14) days from the date of publication of this notice.
Mr Shreelin Naicker Head of Department Markets, Issuers and Intermediaries Department Financial Sector Conduct Authority
|
| LINK TO FULL NOTICE
Financial Markets Act: JSE Equity Rules – Central Securities Depository naming convention: Amendment: Comments invitedG 53210 BN 823 – Comment by 05 Sep 2025 22 August 2025
|
| ACTION
Ensure that you submit your comments before 05 September 2025.
|
HEALTH AND SAFETY
|
| LAW AND TYPE OF NOTICE
Occupational Health and Safety Act:
Regulations: General Machinery: Comments invited
G 53210 GoN 6532
22 August 2025
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| APPLIES TO:
1. Employers and Users of Machinery
· Any business or entity that operates machinery in the workplace, regardless of industry. · Includes those using machinery for manufacturing, processing, energy generation, or other industrial purposes.
2. Manufacturers, Suppliers, and Importers of Machinery
· Entities involved in the production, distribution, or importation of machinery must ensure compliance with safety standards and operational guidelines.
3. Construction Companies
· Due to the inclusion of “construction work” in the definitions, companies engaged in building and infrastructure development are affected.
4. Energy Producers
· Especially those generating power via hydro, wind, PV (solar), or steam, as specific thresholds (e.g., 1500 kW, 5000 kW) determine the required qualifications of supervising personnel.
5. Local Authorities and Government Departments
· Particularly those responsible for public infrastructure, utilities, and safety enforcement.
6. Trade Unions and Worker Advocacy Groups
· As stakeholders in occupational health and safety, they may provide input or represent workers affected by the regulations.
7. Organizations with Electrical Installations
· Including commercial buildings, offices, and facilities with electrical systems that fall under the scope of the regulations.
8. Transport and Logistics Companies
· If they use vehicles, earth-moving equipment, or other machinery covered under the regulations.
9. Facilities with Steam Generators or Pressure Equipment
· These are subject to specific safety notices and operational restrictions.
10. Any Entity Operating Lifts, Escalators, or Conveyors · These are referenced in the definitions and may be exempt from certain supervisory requirements but still subject to safety inspections.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| SUMMED UP
1. Expanded Definition of “Competent Person”
2. Power Thresholds for Supervision Requirements
3. Designation of Competent Persons
4. Exemptions and Exceptions
5. Safeguarding and Operation of Machinery
6. Work on Moving or Electrically Alive Machinery
7. Start/Stop Device Requirements
8. Incident Reporting
9. Information and Notices
10. Offences and Penalties
11. Repeal of Previous Regulations
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| FULL TEXT
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| DETAILS
DEPARTMENT OF EMPLOYMENT AND LABOUR
NO. 6532 22 August 2025
OCCUPATIONAL HEALTH AND SAFETY ACT (ACT NO. 85 OF 1993)
DRAFT GENERAL MACHINERY REGULATIONS: 2025
INVITATION OF PUBLIC COMMENTS ON DRAFT GENERAL MACHINERY REGULATIONS 2025
I, Nomakhosana Meth, Minister of Employment and Labour, hereby give notice that, I, intend in terms of section 43 (1) of the Occupational Health and Safety Act, (no. 85 of 1993) give an approval to receive public comment on the schedule of these Regulations.
The electronic copy of the draft General Machinery Regulations is available on the website at www.labour.gov.za.
Affected and interested parties or persons are invited to submit comments on the draft regulations in writing (Annexure 1) within 90 days from the date of the publication of this notice.
All representations and comments must be sent to the Director-General of the Department of Employment and Labour:
By hand: The Department of Employment and Labour , Laboria House 215 Francis Baard Street, Pretoria CBD, 0001
By post: The Director-General The Department of Employment and Labour – Attention: Matlala Sathekge/Mphakanyana Moloto Private Bag X117, Pretoria, 0001
By mail: Draftcomments.GMR@labour.gov.za
Key Code
1. Definitions
In these Regulations any word or expression to which a meaning has been assigned in the Act of 1993, shall have the meaning so assigned and, unless the context otherwise indicates –
“access goods only lift” means any access goods only lift as defined in regulation 1 of the Lift, Escalator and Passenger Conveyor Regulations 2010 published under government notice No 33561 of 17 September 2010;
“building work” means building work as defined in the General Administrative Regulations, published under Government Notice R.2206 of 5 October 1984;
“certificated engineer” means any person to whom a certificate of competency referred to in regulation E1 (1) 2 of the Regulations, published under Government Notice R.929 of 28 June 1963, has been granted and includes any person who is the holder of a concerning the certificate of competency, 2025 in mechanical or electrotechnical engineering issued before 1 January 1966 under the Mines and Works Act, 1956 (Act 27 of 1956); published under this Act, has been granted and includes any person who is the holder of a certificate of competency in mechanical or electrical engineering.
“certificate of competency” means a certificate of competency as defined in regulation 1 of the Regulations Concerning the Certificate of Competency, 2025, published under Government Notice R.533 of 16 March 1990 ;
“chief director provincial operations “ means the chief director provincial operations previously referred to as the provincial director as defined in regulation 1 of the General Administrative Regulations, 2003, published under Government Notice R.929 of 25 June 2003;
“competent person” in relation to machinery, means any person who—
(a)has served successfully completed an apprenticeship or accredited learnership in an engineering trade which included the operation and maintenance of machinery, or has had at least five years’ practical experience in the operation and maintenance of machinery, and who during or subsequent to such apprenticeship learnership or period of practical experience, as the case may be, has had not less than one year’s experience in the operation and ,maintenance and safety appropriate to the class of machinery he is required to supervise; (b)has obtained an engineering diploma a qualification in either the mechanical or electrotechnicalelectrical (heavy current/Power) engineering fields of at least a NQF level 6 with an academic qualification of at least T3 or N5, or of an or equivalent level, and who subsequent to achieving such qualification has had not less than two years’ practical experience in the operation and ,maintenance and safety appropriate to the class of machinery he is required to supervise; (c)is a graduate engineer and has had not less than two years’ post-graduate practical experience in the operation and maintenance appropriate to the class of machinery he is required to supervise and who has passed the examination on the Act and the regulations made thereunder, held by the Commission of Examiners in terms of regulations E5 (2) of the regulations published under Government Notice R.929 of 28 June 1963; or (d)is a certificated engineer;
“construction work” means construction work as defined in the construction regulations published under public government notice No 37305 of 07 February 2014;
“divisional inspector” means the divisional inspector referred to in regulation 1 of the General Administrative Regulations, published under Government Notice R.2206 of 5 October 1984;
“electrical installation” means any electrical installation as defined in regulation 1 of the Electrical Installation Regulations, published under Government Notice R.2270 of 11 October 1985; , 2009, published under Government Notice R.242 of 6 March 2009;
“elevator” means any lift, hoist or other appliance used for the conveyance of persons and goods by means of a car, cage, cradle or other receptacle in a hatchway on fixed guides, but does not include a builder’s hoist or a hoist worked by hand power;
“escalator” means any power-driven inclined continuous stairway with moving steps and hand rails which is intended for the conveyance of persons from one level to another; escalator as defined in regulation 1 of the Lift, Escalator and Passenger conveyor Regulations 2010 published under government notice No 33561 of 17 September 2010 ;
“goods elevator” means any elevator used solely for the conveyance of goods and such attendants and operators as are necessary and authorised to travel therein, but does not include a hoist worked by hand power;
“graduate engineer” means any person who has obtained a degree in mechanical or electrotechnical engineering at a South African university, or a degree recognised by the Department of National Education as equivalent to any such degree;
“lift” means a lift as defined in regulation 1 of the Lift, Escalator and Passenger conveyor Regulations 2010, published under government notice No 33561 of 17 September 2010 ; “ “live” or “alive” means electrically charged;
“shiftsman” means any person employed to supervise the use of machinery and who has the necessary knowledge and experience to ensure the safe use of such machinery;
“shift supervisor” means any person employed to supervise the use of machinery and who has the necessary knowledge and experience to ensure the safe use of such machinery;
“the Act” means the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983). Occupational Health and Safety Act, 1993 (Act 85 of 1993).
2. Supervision of Machinery.
(1) In order to ensure that the provisions of the Act and these Regulations in relation to machinery are complied with, an employer or user of machinery shall, subject to this regulation, in writing designate a competent person employed in a full-time capacity in respect of every premises on or in which machinery is being used. Provided that where machinery such as power lines, pipelines, communication and other related equipment that cross borders in different provinces/areas, the machinery is deemed to be on one premises.
(2) The chief inspector may, subject to such conditions as he may impose, permit an employer or user of machinery to designate more than one person in terms of subregulation (1).
(3) Subject to the provisions of this regulation, an employee designated in terms of subregulation (1) shall be a competent person.
(4) (a) If— (i)the sum of the power generated by machinery on or in the premises in question and the power derived from other sources such as Hydro, Wind and PV power generations, including the generation of steam for process purposes, exceeds 1 200 1 500 kW, but is or less than 3 000 kW, the person designated in terms of subregulation (1) shall be a person as referred to in paragraph (b), (c) or (d) of the definition of “competent person”; less, the person designated in terms of subregulation (1) shall be a person as referred to in paragraph (a),(b), or (c) of the definition of “competent person”;
(ii)any such sum is 3000 kW or more, the person so designated shall be a person as referred to in paragraph © or (d) of the said definition. (ii) the sum of the power generated by machinery on or in the premises in question and the power derived from other sources such as Hydro, Wind and PV power generations, including the generation of steam for process purposes, exceeds 1500kW, but is less than 5000 kW, the person designated in terms of subregulation (1) shall be a person as referred to in paragraph (b), or (c) of the definition of “competent person”;
(iii) any such sum is 5000 kW or more, the person so designated shall be a person as referred to in paragraph (c) of the said definition.
(b) For the purpose of paragraph (a), the power derived from the generation of steam by any particularboiler steam generator shall be calculated in kW by dividing the manufacturer’s rated evaporative capacity (in kg of water per hour at 100°C) by 21 or, in the absence of any such rated evaporative capacity, by multiplying the heating surface of that boiler (in m2) by 0,8.
(5) If, in the case where machinery on or in the premises in question is used solely for the distribution of electricity—
(a)the maximum demand over any continuous period of 30 minutes is 3000 5 000 kVA or less, the person designated in terms of sub-regulation (1) shall be at least a person as referred to in paragraph (a) (b) or (c) of the definition of “competent person” and registered as an installation electrician in terms of regulation 11 (1) (2) of the Electrical Installation Regulations, promulgated under Government Notice R.2270 of 11 October 1985; R.242 of 6 March 2009
(b)any such demand exceeds 3000 5 000 kVA, but is less than 10000 15000kVA the employee so designated shall be a person as referred to in paragraph (b), (c) or (d) of the said definition;
(c)any such demand is 10000 15 000kVA or more, the employee so designated shall be a person as referred to in paragraph © or (d) of the said definition.
(6) Notwithstanding the provisions of subregulations (3), (4) and (5), the chief inspector may, subject to such conditions as he may impose, permit an employer or user of machinery to designate a person who holds any qualification other than that of a competent person in terms of subregulation (1).
(6) (a) An employer or user of machinery may designate one or more competent persons to assist a person designated in terms of subregulation (1). (b) The chief inspector may by written notice direct any employer or user of machinery to designate within the period specified in the notice the number of persons so specified holding the qualifications so specified to assist a person designated in terms of subregulation (1).
(7) (a) An employer or user of machinery may designate one or more competent persons to assist a person designated in terms of subregulation (1). (b) The chief inspector may by written notice direct any employer or user of machinery to designate within the period specified in the notice the number of persons so specified holding the qualifications so specified to assist a person designated in terms of subregulation (1).
(7) A person designated in terms of subregulations (1) or (6) shall not supervise machinery on or in more than one premises, except with the written approval of the chief inspector.
(8) Except with the approval of an inspector, no person designated in terms of subregulations (1) or (7) shall supervise machinery on or in any premises other than the premises in respect of which he had been designated.
(8) When an employer or user of machinery designates a person referred to in subregulations (4)(a)(ii), 4(a)(iii), (5)(b) or (5)(c), he shall forthwith forward to the chief director provincial operations a copy of the letter of appointment of that person.
(9) When an employer or user of machinery designates a person referred to in subregulations (4) (a), (5) (b) or (c), he shall forthwith forward to the divisional inspector a copy of the letter of appointment of that person.
(9) (a) Notwithstanding the provisions of subregulation (1), no employer or user of machinery needs to designate a person in terms of that subregulation in respect of (i) any lift, goods lift, escalator (ii) electrical installation in any shop or office or on, or in, any domestic premises, (iii) any domestic appliance used as such, (iv) any machinery used in connection with building work, (v) any vehicle or earth moving plant or (vi) any refrigeration, cooling, air-conditioning or freezing plant:
Provided that such machinery is inspected and maintained by a duly qualified person in pursuance of an agreement entered into by the user.
(b) The chief inspector may by written notice direct any employer or user of machinery referred to in paragraph (a) to designate within the period specified in the notice a person holding the qualifications so specified in terms of subregulation (1).
(10) (a) Notwithstanding the provisions of subregulation (1), no employer or user of machinery needs to designate a person in terms of that subregulation in respect of any elevator, goods elevator, escalator or electrical installation in any shop or office or on, or in, any domestic premises, any domestic appliance used as such, any machinery used in connection with building work, any vehicle or earth moving plant or any refrigeration, cooling, air-conditioning or freezing plant inspected and maintained by a duly qualified person in pursuance of an agreement entered into by any such employer or user of machinery. (b) The chief inspector may by written notice direct any employer or user of machinery referred to in paragraph (a) to designate within the period specified in the notice a person holding the qualifications so specified in terms of subregulation (1).
(10) Any employer or user of machinery who applies for exemption from the provisions of this regulation under section 40 of the Act shall furnish the Minister with the following particulars, namely- (a) the grounds for the application; (b) the number of employees employed on or in the premises in question; © the nature of the work performed on or in the premises in question; (d) the number and type of incidents reported in terms of section 24 (1) of the Act during the preceding three years; © the safety management system in force in respect of the premises in question; (f) the qualification and experience of a person other than the competent person to be appointed in terms of regulation 2(3); and (g) such other particulars as the chief inspector may require.
(11) Any employer or user of machinery who applies for exemption from the provisions of this regulation under section 32 of the Act shall furnish the Minister with the following particulars, namely— (a)the grounds for the application; (b)the number of employees employed on or in the premises in question; (c)the nature of the work performed on or in the premises in question; (d)the number and type of incidents reported in terms of section 17 (1) of the Act during the preceding three years; (e)the safety management system in force in respect of the premises in question; and ( f )such other particulars as the chief inspector may require.
(11) If it is impracticable to comply with the provisions of this regulation due to circumstances beyond the control of the employer or user of machinery concerned or in the opinion of an inspector, a person referred to in paragraph (a) of the definition of “competent person” shall be designated in writing to supervise the machinery for a period not exceeding one month in any continuous period of six months.
(12) Notwithstanding the provisions of this regulation, machinery required to be supervised by a person referred to in paragraph (b), (c) or (d) of the definition of “competent person” may be used in the absence of any such person for a period not exceeding one month in any continuous period of six months, if it is due to circumstances beyond the control of the employer or user of machinery concerned or in the opinion of an inspector, impracticable to comply with the provisions of this regulation: Provided that a person referred to in paragraph (a) of the said definition shall in writing be designated to supervise the machinery in question during such absence.
3. Safeguarding of Machinery.
(1) Every employer or user of machinery shall— (a)ensure that all machinery used by him, is suitable for the purpose for which it is used, and that it is installed, operated and maintained in such a manner as to prevent the exposure of persons to hazardous or potentially hazardous conditions or circumstances; (b)in particular cause every exposed and dangerous part of machinery which is within the normal reach of a person to be effectively safeguarded by means of insulation, fencing, screening or guarding, except where an inspector has granted written permission for the omission of such safeguarding;
(c)ensure that all safety equipment is regularly inspected and tested to ensure that it is in kept in a good working condition and is properly used; and (d)ensure that the quality of material used in, and the construction, of the machinery or safety equipment is suitable for the purpose for which it was intended.
(2) Where machinery constitutes a danger to persons, the employer or user of machinery concerned shall cause the premises in question to be enclosed, and where such premises are unattended the designated entrances to such premises shall be kept closed and locked. (3) Unless he has been authorised thereto by the employer or user of machinery, No person shall remove any safety equipment which relates to the machinery in question unless he has been authorised thereto by the employer or user of machinery,
4. Operation of Machinery.
(1) An employer or user of machinery shall ensure that every person authorised to operate machinery is fully aware of the dangers attached thereto and is conversant with the precautionary measures to be taken or observed to obviate such dangers.
(2) Under no circumstances shall If a person operates any machinery which that requires constant attention in order to avoid accidents, he shall under no circumstances leave his post while such machinery is in operation, unless he is relieved by a person who is authorised and competent to operate such machinery relieves him.
(3) An employer or user of machinery shall ensure that any machinery which requires constant attention in order to avoid accidents is under the supervision of a shiftsman shift supervisor, who shall at all times be present on the premises while such machinery is in operation, and no person shall attend to or operate such machinery, except under the general supervision of a shiftsman shift supervisor.
(4) No person supervising machinery and no person operating machinery shall, without the permission of his superior, authorise any other person to do his work without the permission of his superior.
(5) If machinery threatens or is likely to threaten the safety of persons when it is unexpectedly set in motion or made electrically alive, the employer or user of machinery concerned shall take all reasonable precautionary measures in order to ensure that such machinery cannot be so set in motion or made electrically alive, and any person intending to set such machinery in motion or make it electrically alive shall take all reasonable precautionary measures in order to ensure that the safety of a person is not threatened or likely to be threatened. (i) the employer or user of machinery concerned shall take all reasonable precautionary measures in order to ensure that such machinery cannot be so set in motion or made electrically alive; and. (ii) any person intending to set such machinery in motion or make it electrically alive shall take all reasonable precautionary measures in order to ensure that the safety of a person is not threatened or likely to be threatened.
(6) If machinery in operation threatens or is likely to threaten the safety of persons, the person supervising or operating such machinery or the employer or user of machinery concerned shall stop such machinery or cause it to be stopped.
5. Working on Moving or Electrically Alive Machinery.
(1) No employer or user of machinery shall permit or require any person other than a competent person or a person who has been trained to the satisfaction of an inspector to do any work on or near moving or electrically alive machinery if such work may endanger him: Provided that this subregulation shall not apply in respect of the operation of machinery under the general supervision of a shiftsman. Shift Supervisor.
(2) An employer or user of machinery shall in respect of work performed on or near machinery which is in motion or is electrically alive including the operation of such machinery, take all reasonable precautionary measures in order to ensure that persons who perform such work are not injured: Provided that an inspector may at any time require of the employer or user of machinery to take such further precautionary measures as that inspector may deem necessary in the interest of safety.
(3) No person working in close proximity to moving machinery shall wear, or be permitted by the employer or user of machinery concerned to wear any loosely fitting outer clothing, any jewellery or ornament; any watch or key-chain, any long loose-hanging hair or anything which may be caught up in the moving parts of such machinery.
6. Devices to Start and Stop Machinery.
(1) An employer or user of machinery shall provide devices to start and stop machinery, and these devices shall— (a)be in a position where they can readily and conveniently be reached by the person who operates such machinery; and (b)be so constructed and arranged as to prevent the accidental starting of such machinery.
(2) An employer or user of machinery shall provide positive means for rendering the controls of machinery driven by an electric motor inoperative while repairs or adjustments are being made, and such means shall not only be the mere tripping of a switch.
(3) If machinery is simultaneously operated by two or more persons, the employer or user of machinery concerned shall provide such machinery— (3) Where two or more persons operate machinery simultaneously, the employer or user of machinery concerned shall provide such machinery- (a)at every operation point with a stopping device which locks out when it is used and requiring manual resetting before such machinery can be restarted; and (b)with an audible warning device to be sounded before the machinery is set in motion: Provided that an inspector may grant written permission for alternative precautionary measures whereby the safety of those persons is ensured.
7. Reporting of Incidents in Connection with Machinery.
Each incident in which— (a)the fracture or failure of any part of machinery resulted in a falling or flying object; (b)machinery ran out of control as a result of the failure of a control or safety equipment and could have caused an injury to a person who had been conveyed on or in such machinery or had been in the vicinity thereof; or (c)the fracture or failure of any part of machinery in which gas is under pressure resulted in the sudden release of such gas, shall be reported forthwith to an inspector by the employer or user of machinery concerned.
8. Notifiable Substances.
(1) An employer or user of machinery who has any substance set out in column 1 of Schedule A of these Regulations or any mixture thereof, in a quantity which at any time is equal to or in excess of the quantity specified opposite that substance in column 2 on his premises in a single fixed storage vessel, shall forthwith notify the divisional inspector thereof on the form set out in Schedule B of these Regulations.
(2) When the use of any substance referred to in subregulation (1) is discontinued, the employer or user of machinery shall forthwith notify the divisional inspector thereof in writing.
8. Information Regarding Regulations
(1) An employer or user of machinery shall furnish each person designated in terms of regulation 2 (1), free of charge, with an up to date copy of the Act and its regulations made thereunder.
(2) Any employer or user of machinery shall affix, in legible form in a conspicuous place on or in the premises in question- (a) in respect of a steam generator, a notice in the form set out in Schedule A to these Regulations; and (b) in respect of any machinery other than a steam generator, a notice in the form set out in Schedule B to these Regulations,
(3) Any employer or user of machinery shall cause any notice referred to in subregulation (2) to be explained to all relevant employees who are not conversant with the notice and keep records thereof.
8. Information Regarding Regulations (previously number 9)
(1) An employer or user of machinery shall furnish each person designated in terms of regulation 2 (1), free of charge, with an up to date copy of the Act and its regulations made thereunder.
(2) Any employer or user of machinery shall affix, in legible form in a conspicuous place on or in the premises in question- (a) in respect of a boiler, steam generator, a notice in the form set out in Schedule C A to these Regulations; or and (b) in respect of any machinery other than a boiler steam generator, a notice in the form set out in Schedule D B to these Regulations, in both official languages and in legible form in a conspicuous place on or in the premises in question.
(3) Any employer or user of machinery shall cause any notice referred to in subregulation (2) to be explained to all relevant employees who are not conversant with an official language the notice and keep records thereof.
10. Offences and Penalties.
Any person who contravenes or fails to comply with a provision of regulation 2 (1), (4), (5), (8), (9) or (12), 3, 4, 5, 6, 7, 8 or 9 or contravenes a notice under regulation 2 (7) (b) or (10) (b) or (12) shall be guilty of an offence and liable on conviction to a fine not exceeding R1000 or to imprisonment for a period not exceeding six months, and, in the case of a continuous offence, with an additional fine of R5 of additional imprisonment of one day for each day on which the offence continues: Provided that the period of such additional imprisonment shall in no case exceed 90 days.
11. Repeal of Regulations.
(a) Regulations C1, C4, C8, C9, including Annexure F11 and F13, C, 19, C21, C22, C23, C24, C25, C26, C27, C28, C51, C53 and C54 of these Regulations, promulgated under Government Notice R.929 of 28 June 1963, are hereby repealed. (b) Regulation D2 of the Regulations, promulgated under Government Notice R.1934 of 13 December 1963, is hereby repealed.
10. Repeal of Regulations (previously number 11)
The Regulations promulgated under Government Notice R 1521 of 5 August 1988 in Government Gazette 11443, are hereby repealed.
12. Short Title.
These Regulations shall be called the General Machinery Regulations, 1988.
11. Short Title (previously number 12)
These Regulations shall be called the General Machinery Regulations, 2025.
Schedule A:NOTIFIABLE SUBSTANCES [REGULATION 8]
Schedule A _____________________________________________________________________ NOTICE IN RESPECT OF STEAM GENERATOR STEAM GENERATOR OCCUPATIONAL HEALTH AND SAFETY ACT, 1993
Notice in respect of steam generators under Regulation 8 (2)(a) of the General Machinery Regulations, 2025
1. Each employer or user of machinery is required by law to provide safety equipment in connection with machinery, and it is an offence for any person to fail to use such properly or to interfere with them. 2. No steam generator shall be operated at a higher pressure than the authorised working pressure. 3. Unless steam is drawn for the operation of the steam generator’s auxiliary apparatus, no person shall draw steam from the steam generator otherwise than through the main steam stop valve. 4. No person shall enter a steam generator or its flues, unless all necessary precaution are taken that it is safe and the steam-stop valve, feed valve, blow-off valve and all other valves or cocks are blanked off. 5. Portable electric lights used during the cleaning, repair or inspection of a steam generator shall not exceed 50V. 6. No person shall cause water to come into contact with hot flue dust or ashes if it threatens or is likely to threaten the safety of employees. 7. Any accident or other incident that threatens or is likely to threaten the safety of employees shall be reported immediately to the employer or user of machinery.
Schedule B:NOTICE REGARDING NOTIFIABLE SUBSTANCES [REGULATION 8]
Schedule B _____________________________________________________________________ Notice in respect of Machinery other than a Steam generator
Notice in respect of Machinery other than a Steam generator under Regulation 8(2)(b) of the General Machinery Regulations, 2025
1. Every employer or user of machinery is required by law to provide safety equipment in connection with machinery, and it is an offence for any person to fail to use such equipment properly or to interfere with them. 2. No person in close proximity to moving machinery shall wear any loosely fitting outer clothing, any jewellery or ornament, any watch or key chain, and long hanging hair or anything which may be caught up in the moving parts of such machinery. 3. Unless an apparatus approved by an inspector is used, no driving belt shall be shipped or unshipped whilst machinery is in motion, except in the case of a light belt which may be shipped on the coned pulley of a machine tool in order to alter the working speed of such tool. 4. Machinery in motion shall not be cleaned, repaired, adjusted or oiled, unless such machinery is cleaned, repaired, adjusted or oiled by a competent person when it is impracticable to stop such machinery. 5. No person other than a competent person shall enter the safeguarded area of machinery in motion, and only if it is impracticable to stop such machinery. 6. No person under the influence of alcohol, any other intoxicating substances or drugs shall enter any premises where machinery is used. 7. Any accident or other incident which threatens or is likely to threaten the safety of employees shall be reported immediately to the employer, or user of machinery. 8. No person supervising machinery and no person operating machinery shall, without the permission of his superior, authorise any other person to do his work. 9. Any person intending to start a machine shall before doing so satisfy himself that no other person is endangered.
Schedule C:NOTICE IN RESPECT OF BOILERS UNDER REGULATION 9(2)
Schedule D:NOTICE IN RESPECT OF MACHINERY OTHER THAN A BOILER UNDER REGULATION 9(2)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| LINK TO FULL NOTICE
Occupational Health and Safety Act: Regulations: General Machinery: Comments invitedG 53210 GoN 6532 22 August 2025
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ACTION
Ensure that you submit your comments.
|
LABOUR
|
| LAW AND TYPE OF NOTICE
Labour Relations Act: Bargaining Councils
|
| LINK TO FULL NOTICE
Labour Relations Act: National Bargaining Council for the Private Security Sector: Non-Parties of Council Levies Collective Amending Agreement: ExtensionG 53226 RG 11875 GoN 6544 26 August 2025
Labour Relations Act: National Bargaining Council for Private Security Sector: Extension to Non-Parties of the Main Collective Amending AgreementG 53225 GeN 3446 26 August 2025
Labour Relations Act: Furniture Bargaining Council: Extension to Non-Parties of the Main Collective Amending AgreementG 53208 RG 11873 GoN 6523 22 August 2025
|
MARINE LIVING
|
| LAW AND TYPE OF NOTICE
Marine Living Resources Act:
Regulations: Entry of Foreign Fishing Vessels into South African Waters
G 53208 RG 11873 GoN 6524
22 August 2025
|
| APPLIES TO:
1. Foreign Fishing Companies
2. Shipping and Maritime Logistics Firms
3. Port Authorities and Operators
4. Fish Processing and Trading Companies
5. Government and Regulatory Bodies
6. Marine Insurance and Legal Advisory Firms
|
| SUMMED UP
1. Designation of Competent Persons
Qualifications vary based on the power output of machinery:
2. Safeguarding of Machinery
3. Operation of Machinery
4. Working on Moving or Electrically Alive Machinery
5. Start/Stop Devices
6. Incident Reporting
7. Information and Notices
8. Offences and Penalties
9. Repeal
|
| FULL TEXT
|
| DETAILS
DEPARTMENT OF EMPLOYMENT AND LABOUR
NO. R. 6524 22 August 2025
MARINE LIVING RESOURCES ACT, 1998 (ACT NO. 18 OF 1998)
REGULATIONS RELATING TO THE ENTRY OF FOREIGN FISHING VESSELS INTO SOUTH AFRICAN WATERS
I, Dion Travers George, the Minister of Forestry, Fisheries and the Environment, hereby make Regulations relating to the entry of foreign fishing vessels into South African waters in terms of sections 77(1), 77(2)(g), (j), (k), (o) and 42(4) of the Marine Living Resources Act, 1998 (Act No. 18 of 1998), as set out in the schedule to this notice.
SCHEDULE ARRANGEMENT OF REGULATIONS
CHAPTER 1 – DEFINITIONS, APPLICATION AND PURPOSE 1. Definitions 2. Application 3. Purpose
CHAPTER 2 – PASSING THROUGH SOUTH AFRICAN WATERS AND ENTRY INTO AND USE OF PORTS 4. Notification of entry into South African waters 5. Entry into port 6. Permit application procedure and criteria
CHAPTER 3 – GENERAL 7. Compliance 8. Stowage of fishing gear and transshipment 9. Vessel Automatic Identification System
CHAPTER 4 – OFFENCES AND PENALTIES 10. Offences 11. Penalties 12. Short title and commencement
CHAPTER 1 DEFINITIONS, APPLICATION AND PURPOSE
1. Definitions
In these regulations, unless the context indicates otherwise, a word or expression that is defined in the Act has the same meaning in these regulations, and in addition—
“Act” means the Marine Living Resources Act, 1998 (Act No. 18 of 1998) and includes any regulations made in terms of that Act;
“Agreement on Port State Measures” means the Agreement on Port State Measures to Prevent, Deter and Eliminate, Illegal, Unreported and Unregulated Fishing approved by the United Nation’s Food and Agriculture Organisation Conference at its Thirty-sixth Session through resolution number 12/2009 dated 22 November 2009;
“associated activities” means—
(a) storing, buying, selling, transshipping, processing or transporting of fish or any fish product taken from South African waters or in the course of high seas fishing, up to the time it is first landed; (b) on-shore storing, buying, selling or processing of fish or any fish product from the time it is first landed; (c) refuelling or supplying foreign vessels, selling or supplying fishing equipment or performing any other act in support of fishing; or (d) exporting and importing fish or any fish product;
“authorised official” means a fishery control officer, or other authority authorised to implement legislation that regulates access and operations within ports including the inspection of vessels;
“Department” means the national Department responsible for fisheries;
“foreign vessel” means a foreign flagged vessel boat, ship or other craft which is used for, equipped to be used for or of a type that is normally used for fishing or associated activities, and includes all gear, equipment, stores, cargo and fuel on board that vessel;
“force majeure” means conditions beyond the control of the master of the vessel, such as hurricanes, cyclones, war and medical emergencies;
“IUU fishing” means illegal, unreported and unregulated fishing;
“Minister” means the Minister responsible for fisheries;
“port” has the meaning assigned to it in section 1 of the National Ports Act, 2005 (Act No. 12 of 2005);
“South African waters” means the seashore, internal waters, territorial waters, the exclusive economic zone, and in relation to the sedentary species as defined in Article 77 of the United Nations Convention on the Law of the Sea, the continental shelf as defined in section 7 of the Maritime Zones Act, 1994, and such waters include tidal lagoons and tidal rivers in which a rise and fall of the water level takes place as a result of the tides;
“these Regulations” mean the Regulations for the Entry of Foreign Fishing Vessels into South African Waters, 2025; and
“transship” or “transshipment” means transferring fish or gear from one vessel to another.
2. Application
These Regulations apply to foreign vessels that intend to enter South African waters.
3. Purpose
The purposes of these Regulations are to—
(a) regulate the passage of foreign vessels through South African waters; (b) regulate the entry of foreign vessels into a port; (c) prevent, deter and eliminate IUU fishing; and (d) restrict transshipment at sea.
CHAPTER 2. PASSING THROUGH SOUTH AFRICAN WATERS AND ENTRY INTO AND USE OF PORTS
4. Notification of entry into South African waters
(1) The master of a foreign vessel which intends to traverse South African waters, but which does not intend to enter a port, must notify the Minister of the intention to enter and traverse South African waters at least 24 hours prior to entry and that notification must include the following:
(a) an estimated date, time and GPS position of entry into South African waters; (b) an estimated date, time of and GPS position of exit from South African waters; (c) the reason for entry; and (d) a description of the path to be traversed.
(2) Notification in terms of subregulation (1) must be submitted by email to VMSops@dffe.gov.za.
5. Entry into port
(1) The master of a foreign vessel may not enter a port without a permit issued in terms of regulation 6(3)(a). (2) Once an application in terms of regulation 6(1) has been submitted, the foreign vessel may enter South African waters but may not enter a port until a permit has been issued in terms of regulation 6(3)(a).
6. Permit application procedure and criteria
(1) The master or a representative of the owner of a foreign vessel must apply to the Minister for a permit to enter a port, five days before intending to do so.
(2) The application must be made on the form obtainable from the Department and be accompanied by proof of payment of the application fee, if prescribed.
(3) The Minister must decide to─ (a) issue the permit, with or without conditions; or (b) refuse to issue the permit and provide reasons for the refusal,
within four days of receipt of the application and communicate that decision to the master of the foreign vessel or the owner’s representative immediately.
(4) The Minister must, when considering the application, in addition to any other relevant criteria, have regard to whether there is information to demonstrate that the foreign vessel has engaged in IUU fishing or associated activities in support of IUU fishing.
(5) The Minister— (a) must refuse to issue a permit if the Minister on reasonable grounds believes that the foreign vessel has engaged in IUU fishing or associated activities in support of IUU fishing; (b) may, despite paragraph (a), issue a permit only for the purpose of inspecting the foreign vessel and taking appropriate enforcement action; and (c) must notify the flag state if the Minister refuses to issue a permit.
(6) Notwithstanding subregulations (1) and (3), the South African Maritime Safety Authority may authorise a foreign vessel to enter port for reasons of force majeure or distress, without a permit.
(7) The master of a foreign vessel that obtains authorisation in terms of subregulation (6) must— (a) notify the Minister in writing on the form obtainable from the Department; (b) comply with regulations 7, 8 and 9; and (c) comply with any other lawful direction which the Minister may impose.
CHAPTER 3 GENERAL
7. Compliance
(1) A foreign vessel which enters South African waters or a port must comply with the Act and other applicable domestic legislation. (2) A foreign vessel within South African waters or a port may be boarded and inspected at any time by an authorised official.
(3) The master of a foreign vessel must─ (a) accommodate the boarding and inspection of a foreign vessel by an authorised official at any time while in South African waters or a port; and (b) comply with lawful instructions of an authorised official.
8. Stowage of fishing gear and transshipment
(1) The master of a foreign vessel must stow fishing gear in accordance with subregulation (2) before entering and when traversing South African waters, and within a port.
(2) Fishing gear must be stowed in the following manner: (a) in the case of line fishing, all hooks, lures, sinkers and weights must be disconnected from the line, all the lines must be reeled onto the reel or rolled up, and that rolled up line, hooks, lures, bait and weights on the vessel must be packed away in a cabin, locker, hatch, wheel house or console of the vessel, or where that is not possible, placed on the deck of the vessel; (b) in the case of purse-seine fishing, no gear may be in the water; (c) in the case of trawl fishing, all nets, trawl boards and weights must be stowed below deck or securely lashed to some part of the superstructure of the fishing vessel; (d) in the case of rock lobster fishing, all traps, nets and ropes must be on board and tied down, and all dinghies must be on board and lashed to the fishing vessel; (e) in the case of fishing with traps, other than rock lobster traps, all traps must be on board and tied down; (f) in the case of any other nets including gillnets, cast nets and throw nets, nets must be on board and packed away in a console, locker or any other suitable container; (g) in the case of pole fishing, all poles will be secured above deck; (h) in the case of longline fishing, no branchline may be attached to the mainline and the entire mainline must remain on the spool; and (i) in respect of all types of fishing where bait is used, that bait must remain packed away or placed into a bait well, where available.
(3) No person may transship at sea unless authorised by a permit issued in terms of section 13 of the Act.
9. Vessel Automatic Information System
(1) The master of a foreign vessel must ensure that the vessel’s Automatic Information System (AIS) is functional and that it— (a) regularly reports from at least 50 nautical miles prior to entering South African waters; (b) reports while the vessel is located within South African waters without interruption; and (b) regularly reports up until the vessel has at least reached 50 nautical miles outside of South African waters.
(2) The master of a foreign vessel must— (a) immediately report an interruption of the vessel’s automatic information system’s signal to the VMS Operations Centre where the interruption lasts longer than 20 minutes; and (b) submit hourly reports to VMS Operations Centre until the vessel’s automatic information system is functional and able to report.
(3) The master’s reports in subregulation (2) to the VMS Operations Centre must be sent by email to “VMSops@dffe.gov.za” and must include— (a) the date and time (South African local time); (b) the vessel’s location by latitude and longitude degrees minutes and decimal minutes; (c) the vessel’s course; and (d) the vessel’s speed in knots.
(4) No person may delete any tracking data from a vessel’s automatic information system recorded from the time of entry by the foreign vessel into South African waters for a period of seven calendar days after leaving South African waters.
CHAPTER 4 OFFENCES AND PENALTIES
10. Offences
In addition to any offence contained in section 58 of the Act, a person commits an offence if they contravene or fail to comply with─
(a) regulations 4(1), 5, 6(1), 6(7), 7(1), 7(3), 8 or 9; or (b) a lawful instruction of an authorised official.
11. Penalties
A person found guilty of an offence in terms of regulation 10 is liable on conviction to— (a) a maximum period of imprisonment of two years; (b) a maximum fine of two million Rand; or (c) both the fine and imprisonment.
12. Short title and commencement
These Regulations are called the Regulations for the Entry of Foreign Fishing Vessels into South African Waters, 2025 and commence on the date of its publication in the Gazette.
|
| LINK TO FULL NOTICE
Marine Living Resources Act: Regulations: Entry of Foreign Fishing Vessels into South African WatersG 53208 RG 11873 GoN 6524 22 August 2025
|
| ACTION
|
| LAW AND TYPE OF NOTICE
Marine Living Resources Act:
Intention to establish Consultative Advisory Forum for Marine Living Resources: Nominations invited
G 53210 GoN 6533
22 August 2025
|
| FULL TEXT
|
| DETAILS
DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT NO. 6533 22 August 2025
MARINE LIVING RESOURCES ACT, 1998 (ACT NO. 18 OF 1998)
NOTICE OF INTENTION TO ESTABLISH THE CONSULTATIVE ADVISORY FORUM FOR MARINE LIVING RESOURCES IN TERMS OF SECTION 5 OF THE MARINE LIVING RESOURCES ACT, 1998 (ACT NO. 18 OF 1998) AND INVITATION FOR NOMINATIONS OF MEMBERS OF THIS FORUM
I, Dion Travers George, Minister of Forestry, Fisheries and the Environment, published a notice in Government Notice No. 5536 in Government Gazette No. 51538 on 12 November 2024 indicating my intention to establish a new Consultative Advisory Forum for Marine Living Resources (CAFMLR) in terms of section 5 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998) (MLRA) and calling for nominations of members to serve on the CAFMLR. While nominations were received, there was an insufficient pool of nominees from which to appoint a CAFMLR. I am therefore, in terms of section 7(3) of the MLRA, providing a further opportunity for interested parties to submit nominations of persons qualified to make a substantial contribution towards the proper functioning of the CAFMLR to serve as members on the CAFMLR.
Functions of the CAFMLR
The functions of the CAFMLR, as specified in section 6 of the MLRA, include to advise the Minister on matters referred to it, particularly in relation to: (i)the management and development of the fishing industry, including issues relating to the total allowable catch; (ii)marine living resources management and related legislation; (iii) the establishment and amendment of operational management procedures, including management plans; (iv) recommendations and directives on areas of research, including multi-disciplinary research; and (v) the allocation of money from the Fund.
The CAFMLR must also advise the Minister in respect of the objectives and principles referred to in section 2 of the MLRA that in the opinion of the CAFMLR should be brought to the attention of the Minister.
In addition to the above, the CAFMLR must give consideration to information submitted to it by industrial bodies and interest groups recognised in terms of section 8(1) of the MLRA.
Furthermore, the CAFMLR functions as an important consultative forum to the Minister in respect of certain aspects including the following: • the promulgation of certain regulations pertaining to commercial fishing as set out in section 21 of the MLRA; and • the reduction portions of the total allowable catch, the total applied effort, or a combination thereof, allocated in any year to small-scale, local commercial and foreign fishing, and rights granted in respect thereof, in respect of any fishery in terms of section 24 of the MLRA.
The scope of work and activities, the size, composition and complexities of the CAFMLR will require a minimum of eight meetings per annum (two meetings per quarter) to effectively advise the Minister on issues. Composition and size of the CAFMLR
The CAFMLR must, according to section 7 of the MLRA, consist of at least five members, including a chairperson, appointed by the Minister for the period determined by him, but not exceeding three years at a time. The CAFMLR will therefore consist of a minimum of five and a maximum of eight members (including the Chairperson).
The CAFMLR must be broadly representative and multidisciplinary, with members qualified to make a substantial contribution towards the proper functioning of the CAFMLR. Therefore, nominees must have an academic qualification (a Master’s degree or similar qualification is preferable) and sufficient expertise, experience and knowledge in one or more of the following areas of science, industry or management:
• Marine • Ocean • Agricultural • Aquaculture • Fisheries • Agribusiness • Social • Financial • Legal • Other expertise related to the above listed functions
To develop an accountable, credible, transparent, fair, defensible and objective process which the public and fishing industry will be satisfied with, it is required that the nominations submitted disclose any conflict, which might arise from association with the fishing industry, with the potential to impact on the functioning and work of the CAFMLR. Nominees should either be free of conflict or disclose such conflicts to allow for the effective management of such conflicts so as not to undermine the work of the CAFMLR.
Remuneration of CAFMLR members
Remuneration of members has been determined at Category B, sub-category B2, of the National Treasury, published remuneration levels: Service benefit packages for office-bearers of certain statutory and other institutions, as follows:
Interested persons are invited to submit nominations by completing the attached nomination form and delivering it to the Department at any of the addresses specified below within 30 days from the date of the publication of this Notice in the Government Gazette or the newspaper, whichever is the later date. These nominations should include a full curriculum vitae and certified copies of supporting documentation where applicable.
Please note that nominations received after the closing date may be disregarded.
By post: Department of Forestry, Fisheries and the Environment
Attention: Deputy Director: Fisheries Policy and Rights Administration
Private Bag X2, VLAEBERG 8018
By hand: 4th Floor Foretrust Building, Martin Hammerschlag Way, Foreshore, Cape Town
By email: CAFMLRnominations@dffe.gov.za
Telephone queries – Mr Msimelelo Mdledle – 066 471 1473/ 084 304 0170
|
| LINK TO FULL NOTICE
Marine Living Resources Act: Intention to establish Consultative Advisory Forum for Marine Living Resources: Nominations invitedG 53210 GoN 6533 22 August 2025
|
MEDICAL
|
| LAW AND TYPE OF NOTICE
Allied Health Professions Act:
Inclusion of profession of Somatology and Sports Massage Therapy
G 53210 GoN 6534
– Comment by 22 Nov 2025
22 August 2025
|
| APPLIES TO:
MEDICAL SECTOR
|
| FULL TEXT
|
| DETAILS
|
| LINK TO FULL NOTICE
Allied Health Professions Act: Inclusion of profession of Somatology and Sports Massage TherapyG 53210 GoN 6534 – Comment by 22 Nov 2025 22 August 2025
|
| ACTION
Ensure that you submit your comments before 22 November 2025
|
| LAW AND TYPE OF NOTICE
Allied Health Professions Act:
Regulations: Professions of Reflexology and Therapeutic Reflexology
G 53210 GoN 6536
22 August 2025
|
| APPLIES TO:
MEDICAL SECTOR
|
| FULL TEXT
|
| DETAILS
|
| LINK TO FULL NOTICE
Allied Health Professions Act: Regulations: Professions of Reflexology and Therapeutic Reflexology G 53210 GoN 6536 22 August 2025
|
| LAW AND TYPE OF NOTICE
Allied Health Professions Act:
Regulations: Profession of Traditional Chinese Medicines and Acupuncture
G 53210 GoN 6538
22 August 2025
|
| APPLIES TO:
MEDICAL SECTOR
|
| FULL TEXT
|
| DETAILS
|
| LINK TO FULL NOTICE
Allied Health Professions Act: Regulations: Profession of Traditional Chinese Medicines and AcupunctureG 53210 GoN 6538 22 August 2025
|
| LAW AND TYPE OF NOTICE
Allied Health Professions Act:
Regulations: Professions of Therapeutic Massage
G 53210 GoN 6535
22 August 2025
|
| APPLIES TO:
MEDICAL SECTOR
|
| FULL TEXT
|
| DETAILS
|
| LINK TO FULL NOTICE
Allied Health Professions Act: Regulations: Professions of Therapeutic MassageG 53210 GoN 6535 22 August 2025
|
| LAW AND TYPE OF NOTICE
Pharmacy Act:
Determination of amounts
G 53210 GoN 6537
22 August 2025
|
| APPLIES TO:
MEDICAL SECTOR
|
| FULL TEXT
|
| DETAILS
|
| LINK TO FULL NOTICE
Pharmacy Act: Determination of amountsG 53210 GoN 6537 22 August 2025
|
| ACTION
Please take note of the Determination of Amounts.
|
ARBITRATION ARTICLES
COMPETITION ARTICLES
FINANCE ARTICLES
|
| SOUTH AFRICA |
The COFI Bill: What financial institutions need to know
Once enacted, the much-anticipated Conduct of Financial Institutions Bill (COFI) will introduce a significant shift in the legislative and regulatory landscape of South Africa’s financial services sector. It forms a key component of the country’s Twin Peaks regulatory reform and will primarily focus on strengthening market conduct regulation across the entire financial services sector.
COFI will, amongst others, consolidate and replace various industry-specific conduct laws, such as the Financial Advisory and Intermediary Services Act, 2002; the Collective Investment Schemes Control Act, 2002; the Short-term Insurance Act, 1998; the Long-term Insurance Act, 1998; the Credit Rating Services Act, 2012; the Financial Institutions (Protection of Funds) Act, 2001; and the Friendly Societies Act, 1956.
It will also effect extensive amendments to the Pension Funds Act, 1956; the Financial Sector Regulation Act, 2017; the Banks Act, 1990; the Labour Relations Act, 1995; the Insurance Act, 2017; the Income Tax Act, 1962; the Financial Markets Act, 2012; the Medical Schemes Act, 1998; the Transnet Pension Funds Act, 1990; the Co-operative Act, 2005; and the Government Employees Pension Funds Law, Proclamation, 1996. It further scopes within its ambit certain activities under the National Payments Systems Act, 1998 and the National Credit Act, 2005.
Why COFI readiness is essential
Following two rounds of public commentary, COFI is expected to be introduced in Cabinet towards the end of 2025 and tabled in Parliament either later this year or in the first quarter of 2026. Its promulgation is anticipated in 2026, with a transitional period of approximately three years to follow.
The Financial Sector Conduct Authority (FSCA) Commissioner has emphasised that readiness for COFI is an industry-wide responsibility, not solely the FSCA’s. Financial institutions must proactively align their business models, governance frameworks and compliance strategies with COFI’s principles and expectations. Early preparation will ensure agility and competitiveness once the new regime takes effect.
Preparing for the requirements
COFI will introduce a range of practical obligations that institutions should begin planning for now, which includes the following:
The above should be considered in light of the broader range of financial products and services and activities which will be affected by COFI.
Who will be affected by COFI
COFI will apply broadly to all financial institutions as defined in the Financial Sector Regulation Act, 2017, (FSR Act). This includes financial product providers, financial service providers, the holding companies of financial conglomerates, and any person licensed or required to be licensed in terms of a financial sector law.
A financial product provider is any person that, as a business or part of a business, provides a financial product.
Under the FSR Act, “financial product” will include: participatory interests in collective investment schemes and alternative investment funds; non-retail lending; life and non-life insurance policies; retirement funds and friendly society benefits; deposits under the Banks Act; health service benefits provided by medical schemes; credit under the National Credit Act; warranties, guarantees or other credit support arrangements; and any other facilities or arrangements designated by regulation.
A financial service provider is any person who, as a business or part of a business, provides a financial service. This includes providing financial products; distribution; financial advice; investment management; administration; custodian services; crypto asset custodial services; payment services; debt collection; financial market activities; benchmarks; credit rating services; third-party treasury management; and corporate advisory services.
Any financial institution providing one or more of these financial products or financial services will be required to comply with COFI.
Licensing and ongoing obligations
Institutions offering these financial products and financial services will need to be licensed under COFI and meet ongoing obligations including: ensuring that key persons and representatives satisfy the fit and proper requirements; maintaining sound corporate governance standards; implementing appropriate remuneration and conflict of interest policies; and having a transformation policy in place.
Financial institutions must maintain adequate financial resources and operational capabilities at all times and meet all reporting, record-keeping and audit requirements under COFI. To prepare for the relicensing, financial institutions should map all activities, services and products against the new requirements to determine the correct licensing approach.
While the new regulatory framework will require significant preparation, it presents a strategic opportunity for financial institutions to build trust, improve governance, and position themselves for long-term resilience and growth. Proactive planning and early action will be key.
Webber Wentzel
Draft amendments to the Affordability Assessment Regulations under the National Credit Act
On 13 August 2025, the Department of Trade, Industry and Competition published the draft National Credit Act Amendment Regulations (Amendment Regulations) in the Government Gazette, proposing amendments to various Regulations under the National Credit Act 34 of 2005 (NCA), including Regulations 18,19 and 23A.
Scope of changes
The Amendment Regulations propose revisions to Regulation 18, which addresses the maintenance and retention of consumer credit information by the credit bureau, as well as Regulation 19, which pertains to the submission of consumer credit information to the credit bureau. Credit providers must take note of the proposed amendments to Regulation 23A, which sets out the criteria to conduct an affordability assessment, as there are significant proposed revisions (ie the Affordability Assessment Regulations).
Sub-regulation 23A(3) is intended to be amended to state that a credit provider, when assessing a consumer to determine whether the consumer has the financial means and prospects to pay the proposed credit instalments, may do so by considering the consumer’s discretionary income or the financial means and prospects of the consumer,including reasonable revenue flow from a commercial activity funded by the credit agreement. The proposed amendments further allow for this type of assessment as an alternative where a credit provider takes practicable steps to validate the gross income of the consumer in terms of subregulation 23A(4).
It is further proposed that sub-regulation 23A(8) will provide that, in instances where the credit provider must calculate the consumer’s existing means, prospects and obligations, the credit provider must also consider the realisation of assets as financial prospects as well as reasonable future revenue which may be generated by a commercial purpose funded by the credit agreement.
The amendment to sub-regulation 23A(9) provides that where a credit provider assesses the existing financial obligations of the consumer, the credit provider must utilise the minimum expense norms table under sub-regulation 23A(10). Sub-regulation 23A(9) has been further amended to state that the “table does not apply to small business and the realistic business expenditure must be disclosed by the consumer to the credit provider“.
Comment period
Interested parties are invited to submit written comments no later than 30 days from the date of the publication, which means comments must be submitted by 12 September 2025.
Written comments may be addressed to the Director-General at the Department of Trade, Industry and Competition at the following address: Private Bag X84, Pretoria, 0001 or hand-delivered to 77 Meintjies Street, Block B, 1st Floor, Sunnyside, Pretoria. Comments can also be submitted electronically to Credit@thedtic.gov.za.
Webber Wentzel
Enhancing consumer identity protections: New amendments to the National Credit Act
The Minister of Trade, Industry and Competition, Mr Mpho Parks Tau, has announced his intention to amend the regulations under the National Credit Act, 2005 (Act No. 34 of 2005). These amendments, detailed in Government Notice No. R. 6510 dated 13 August 2025, aim to refine and enhance the regulatory framework governing credit providers and credit bureaus. The proposed changes focus on several key areas, including the identification of consumers, submission of information, and credit risk management practices.
Identification of consumers
One of the significant amendments involves the identification process for consumers. Regulation 18 will be updated to ensure that consumers or persons, including juristic persons, are identified by their identity number, passport number, or registration number. In cases where these identifiers are unavailable, other reasonable methods will be employed to ensure accurate identification.
Information submission
The amendments also address the submission of consumer credit information to credit bureaus. Regulation 19 will be revised to mandate that the information submitted must include:
Additionally, residential address, telephone number, employer details, and place of work must be included where available.
Credit risk management
The proposed changes introduce new requirements for ongoing credit risk management by credit providers. Regulation 18 will be expanded to include provisions for assessing the credit status and financial position of related persons of small businesses, as well as the application for credit or funding by small businesses. Credit providers will be required to take practical steps to assess the consumer’s discretionary income, financial means, and prospects, including revenue flow from commercial activities funded by the credit agreement.
Consumer financial obligations
Regulation 23A will be amended to ensure that credit providers validate gross income or financial means and prospects, including revenue flow from commercial activities funded by the credit agreement. Credit providers must calculate the consumer’s existing financial means, prospects, and obligations, considering the realisation of assets and future revenue generated by commercial purposes funded by the credit agreement. The minimum expense norms table will be utilised for calculating existing financial obligations, excluding small businesses, which must disclose realistic business expenditure.
Sources of consumer credit information
The amendments to Regulation 18 will allow registered credit bureaus to receive consumer credit information from various sources, including organs of state, courts, judicial officers, suppliers of goods, services, or utilities, insurance providers, entities involved in fraud investigation, educational institutions, and debt collectors.
Conclusion
These amendments to the National Credit Act regulations are designed to enhance the accuracy and comprehensiveness of consumer credit information, improve credit risk management practices, and ensure that credit providers take practical steps to assess and validate consumer financial means and obligations. Interested parties are invited to submit their comments on these proposed changes within 30 days from the date of publication.
Angela Itzikowitz, Era Gunning and Amelia Warren ENSafrica
Draft Amendments to section 8E of the Income Tax Act
The 2025 Draft Taxation Laws Amendment Bill (and explanatory memorandum thereto) was published for comment on 16 August 2025. Among other proposals, there are proposed amendments to the provisions of section 8E of the Income Tax Act. In terms of section 8E certain dividends are deemed to be income in the hands of the holder and are therefore not exempt from tax in the hands of such holder. In order to fall into the provisions of section 8E it is necessary, amongst others, that the dividend arises in respect of a “hybrid equity instrument”. The proposed changes include amendments to the definition of a “hybrid equity instrument”.
The current provisions of section 8E mainly apply to preference shares and the preference share market relies on these provisions not finding application since otherwise this results in tax asymmetry with the issuer of the preference shares not obtaining a tax deduction and the holder being taxed on the preference share dividend.
Current criteria which result in the classification of a share or equity instrument as a hybrid equity instrument, for example concepts of a “date of issue” and a three year redemption date have been removed, and the definition of hybrid equity instrument is proposed to be replaced to link the classification of the instrument/share to the IFRS treatment thereof. In essence, any share or financial instrument that is classified as a financial liability in the annual financial statements of the issuer in accordance with IFRS would qualify as a “hybrid equity instrument”. The proposed amendments (if entered into law) come into operation on 1 January 2026 and apply in respect of years of assessment commencing on or after that date.
Taxpayers who are holders of preference shares and/or equity instruments should consider whether they wish to make any submissions to National Treasury on the draft bills given the far-reaching implications of these proposed changes. The draft Bills are open for public comment until 12 September 2025.
ENSafrica
The FSCA ushers in a new era for pension fund administrators after 23 years
The Financial Sector Conduct Authority (FSCA) has published Conduct Standard 2 of 2025 (the 2025 Standard), setting out reformed conditions for pension fund benefit administrators under section 13B(1) of the Pension Funds Act, 1956. The 2025 Standard is supported by the FSCA’s Statement of Need and Impact and marks a significant regulatory milestone, formally replacing the outdated Board Notice 24 of 2002 (BN24 of 2002).
BN24 of 2002 has not kept pace with broader regulatory developments. Since its publication, the regulatory landscape has evolved significantly, including the launch of the Treating Customers Fairly (TCF) initiative, the 2014 Retail Distribution Review, and the implementation of the Twin Peaks model in 2018. Yet BN24 of 2002 reflects none of these developments, failing to capture TFC outcomes or address fundamental conduct areas that the 2025 Standard now covers. Its lack of alignment with modern regulatory expectations has made reform imperative.
The FSCA undertook comprehensive stakeholder engagements to refine the regulatory requirements. During the public consultation period, which ran from 29 July to 13 September 2021, the FSCA received over 350 comments from 12 commentators. Key issues raised included, inter alia, requests for terminology clarification, concerns around duplication for dual-licensed entities, and questions regarding capital adequacy thresholds. These inputs were carefully considered and are reflected in the final 2025 Standard.
Key features of the 2025 Standard
The 2025 Standard introduces wide-ranging business principles that were absent from the 2002 framework. Benefit administrators are now required to demonstrate strong governance aligned with TCF outcomes, supported by clearly documented policies and defined oversight responsibilities.
The 2025 Standard sets out detailed fit and proper requirements, including disqualifying criteria and competency thresholds. It also prescribes robust outsourcing conditions, and mandates more comprehensive administration and service level agreements. Formal complaints handling frameworks must be in place, conflict‑of‑interest policies must be enforced, and clear communication protocols with funds and members must be maintained.
Further obligations include data governance measures, minimum record retention periods, audit and accounting standards, and the operational capacity to manage member data accurately and securely. Ultimately, the 2025 Standard is designed to bridge these requirements are intended to close historical regulatory gaps that have led to administrative failings and member prejudice.
Transitional timeline
While much remains to evolve, the FSCA has acknowledged the cost implications and, accordingly, removed some of the more onerous requirements. These include relaxation of auditing obligations and the removal of both the assurance requirement and the ZAR 3 million capital adequacy threshold.
Upon publication, the 2025 Standard will replace BN24 of 2002 with immediate effect. However, implementation will follow a staggered approach, with certain provisions becoming effective immediately and others phased in over a 6-to-12-month transition period.
The shift from BN24 of 2002 to the 2025 Standard reflects a fundamental transition from a compliance-focused to a conduct-focused regulatory framework, one that prioritises customer outcomes and governance excellence, while reinforcing operational integrity across South Africa’s pension fund administration sector.
Nicolette van Vuuren and Megan Wilkinson Webber Wentzel
JSE axes Risk Insights contract over Bogdanov PhD scandal
The Johannesburg Stock Exchange (JSE) has cancelled its contract with governance consultancy Risk Insights and is demanding repayment of R1.3 million, after founder Anushka Bogdanov admitted to misrepresenting her PhD qualification from the London Business School.
The exchange rescinded the contract on 4 August, because Bogdanov failed to disclose that she was under investigation by the JSE’s Markets Division during the negotiation process leading up to the deal.
The JSE’s management company operates entirely independently from the Markets Division and was apparently not aware of the probe.
The Markets Division had been investigating Bogdanov’s qualifications since 2020, a process that stretched over five years. It culminated in a Sens announcement on 25 July 2025, which announced she was fined R500 000 and banned from serving as a director of any listed company for ten years.
Bogdanov is a former director of EOH Holdings, which is still listed on the JSE but changed its name to iOCO Limited last year.
The JSE said the sanction was imposed after Bogdanov finally admitted, in late 2024, that she did not hold the doctorate she had claimed to.
Bogdanov issued a statement on 21 August saying that Risk Insights had received a cease-and-desist letter from the JSE related to the contract.
“We confirm that the JSE senior executives were informed of the investigation of Ms. Bogdanov while executing the contract between RI and JSE. Both documents received from the JSE refer to the incorrect date of the contract and therefore have been returned to JSE for clarification,” the statement read.
The JSE made the cease-and-desist letter – as well as other documentation – available to Moneyweb, which clarified that the incorrect date was the result of a typographical error. The letter instructed Risk Insights to stop stating in public that the JSE contract was still ongoing and that the JSE had not cancelled it.
This came after Bogdanov insisted in a YouTube video on 18 August that the contract was intact and, a day later, told a journalist that Risk Insights had not been informed of any termination. This was despite the company having been formally notified on 4 August that the contract had been rescinded.
The JSE is now demanding that Risk Insights repay R1 138 500 plus interest – the amount the bourse has paid the consultancy since February.
Respond to questions
In response to Moneyweb questions, Bogdanov said Risk Insights had engaged with the JSE “in good faith” and that senior executives of the exchange were aware of the issues under investigation before the contract was implemented.
“I cannot go into the details of confidential discussions, but I can confirm that relevant information was provided to the appropriate JSE executives before the contract was implemented,” she said.
Bogdanov disputed the JSE’s position that its Regulation Division operates independently from its Commercial Division. “In practice, however, our experience has been different. The JSE’s commercial executives were aware of the regulatory process while implementing our contract. Yet, recently, the JSE sought to rely on the supposed independence of Regulation to justify rescission. This inconsistency raises questions: if the divisions were truly independent, then commercial agreements entered into in good faith, with disclosure, should not be undermined by regulatory actions that were already known at the time, especially when the investigation is against me, not Risk Insights.”
She further argued that Risk Insights had not received “proper and correct confirmation” of the termination. “The letter in question was sent to a generic email address without acknowledgement, and we were not directly engaged prior to its circulation. Moreover, the alleged letter was not referring to the appropriate legally binding documents.”
The JSE stated in a letter that the termination notice was sent to Risk Insight’s official email address and CCed to various individuals.
On the repayment demand, Bogdanov said: “The fact that you have this figure indicates that confidential financial matters covered by non-disclosure provisions have been shared externally.”
She also defended her 18 August YouTube podcast in which she said the JSE contract was still in force: “At the time of my podcast, no valid termination had been communicated to us. My statement reflected the facts as they were known to me at that point in time.”
Resign as director
Bogdanov resigned as a director of Risk Insights on 15 August 2025. In a statement, she said she was stepping down to focus on legal and health matters. “I wish to inform our valued stakeholders that I am stepping down as a director of Risk Insights with immediate effect to focus on my health and to dedicate time to addressing matters arising from the recent Sens announcement made by the Johannesburg Stock Exchange [JSE] through the appropriate legal processes.
“This step is being taken to allow me the necessary space to address the matter fully. This is done in the interest of our clients, our brand, and in no way as an admission of liability for the allegations levelled against me,” the statement read.
Dr Dan Matjila, a former CEO of the Public Investment Corporation, has been appointed to take over her responsibilities at Risk Insights.
Moneyweb
UPGRADE TO THE FINANCIAL INTELLIGENCE CENTRE’S GOAML REGISTRATION AND REPORTING PLATFORM
26 August 2025: The Financial Intelligence Centre’s (FIC) registration and reporting platform, goAML, will be upgraded on 15 September 2025.
The upgrades will expand the range of tools available on the platform and enhance the user experience. goAML is the platform accountable institutions, supervisory bodies, law enforcement and other stakeholders use to register with, report to, and maintain contact with the FIC.
The upgrades include:
The improved goAML will expand the FIC’s compliance and prevention capabilities and its ability to more efficiently filter and categorise information for analysis.
A broad range of stakeholders have participated in the user acceptance testing and attended engagement sessions. Further information sessions are planned.
Access your goAML 5.4 supporting documentation with ease:
For your convenience, The FIC has made available a set of documents for your use and reference:
The FIC encourages all accountable institutions, reporting persons and business entities to review these resources to ensure alignment with the enhancements.
For any queries or support on the upgrade process, contact the support team on goAMLupgrade@fic.gov.za.
Regards THE FINANCIAL INTELLIGENCE CENTRE
|
FOODSTUFFS ARTICLES
|
LABOUR ARTICLES
TRANSPORTATION ARTICLES
TRADE MARK ARTICLES
| SOUTH AFRICA |
Navigating the name game: Trade marks vs company names
On 2 February 2024, Jesse and three of his friends (Irvin, Nathan, and Damian) received a $1 million seed investment from Venture Capitalists to launch their exciting fintech product, JIND, which was coined from the first letters of their names. Within just six months of receiving the investment, they had grown their team to include three new staff, incorporated a South African company called JIND (Pty) Ltd, secured a cozy office space in the bustling suburb of Sandton, built a JIND website, set up social media accounts, and incurred several expenses towards the marketing and advertisement of JIND. No expense was spared in marketing their product, and their efforts were paying off, with JIND gaining traction and the number of customers being onboarded increasing daily. The prospects for JIND looked promising to say the least.
Then, on 29 August 2024, it all came to a grinding halt, albeit temporarily. Jesse received a letter of demand from an attorney representing a microfinance company, Leicho (Pty) Ltd, based in Bloemfontein. The letter revealed that Leicho (Pty) Ltd holds registered South African trade marks for the word mark JIND in Classes 9, 35, 36 and 42. The register pages for these trade marks were included in the letter of demand, and they showed that the word trade mark JIND was registered in Classes 9, 35, 36 and 42 in 2002 in the name of Liecho (Pty) Ltd. The company appears to have been using the trade marks since 2000 for financial and technological services. The letter of demand claimed that JIND (Pty) Ltd’s use of the name infringed on these registered trade marks and demanded that they stop using JIND or risk being sued for trade mark infringement. Naturally, Jesse and his team were confused as to why the Companies and Intellectual Property Commission (CIPC), which is the South African agency responsible for registering companies, permitted the registration of their company, JIND (Pty) Ltd, and who exactly this Leicho (Pty) Ltd is that is threatening them with litigation?
While the above story is fictional, it is a situation that occurs more often than most people realise. I have lost count of the number of times that I have sent a letter of demand to an erring party who incorporated a company name that is confusingly similar to my client’s trade mark and the response to my letter, sometimes arrogant, is that the CIPC permitted the registration of the company and should have stopped them from using the company name if it was confusingly similar to a registered trade mark. As a result, they say, it is not their problem and tell me that my client should take it up with the CIPC.
Roles and responsibilities
According to the Companies Act, CIPC should not permit the registration of company names that are confusingly similar to a trade mark, however, in reality we know that this check between registers does not happen. Accordingly, the onus rests with the incorporator of the proposed company to conduct a search of the trade marks register to confirm that the proposed company name does not conflict with an existing trade mark. Reliance on the defense that a company name was permitted by the CIPC, despite the existence of a trade mark will not suffice in proceedings before the Companies’ Tribunal.
The danger in permitting a company name that is confusingly similar to a registered trade mark is that there is a risk that customers may incorrectly infer an association between the company name and the registered trade mark. The risk is further heightened if the company provides similar services to those provided under a registered trade mark. For example, you are driving through a street and come across a restaurant called Debonairs Food (Pty) Ltd, selling African delicacies. As a pizza lover, you would immediately question whether Debonairs Pizza has expanded its operations to include African delicacies. Upon further research, it turns out that Debonairs Food is not at all associated with or connected to Debonairs Pizza. As a result of the initial confusion that Debonairs Food (Pty) Ltd may cause unsuspecting customers, it would be in Debonairs Pizza’s interest to ensure that Debonairs Food (Pty) Ltd immediately cease operations.
Understanding the legal landscape
Section 11 of the Companies Act 71 of 2008 provides clear guidelines for choosing a company name, including that a company name must not be the same as a registered trade mark owned by another person or a trade mark with a pending trade mark application. If a conflict arises, an aggrieved party may lodge an application with the Companies Tribunal for an order to have the offending company name changed. Such an order may include legal costs. Depending on how extensively the infringing party has used the registered trade mark, the trade mark owner may also institute legal proceedings for trade mark infringement, potentially seeking damages for unauthorised use.
A proactive approach
Before incorporating a company name and investing in marketing and publicity, it is important to conduct a trade mark search to ensure that the company name is not the same as or confusingly similar to an existing trade mark, especially for similar product offerings. The hassle and cost of navigating litigation and rebranding after sinking money into marketing can be onerous, which should be avoided.
If you receive a letter of demand informing you that your company name is confusingly similar to a trade mark, it is important to conduct your research to verify the authenticity of the claims in the letter of demand. It is possible that you have built up common law rights of use in and to the company name, even though it may be confusingly similar to a trade mark. If you are unsure whether your company name has acquired common law rights, you are encouraged to consult with an Intellectual Property Attorney to assess the merits of your case. If it is determined that you have not acquired common law rights of use, considering a company name change could save you from a costly legal battle. Always remember that these letters are sent to provide you with an opportunity to amend your company name amicably, avoiding escalation.
Going back to our story above, Jesse and his team would unfortunately have to amend their company name, social media accounts, and delete any reference to the word JIND or risk being sued for trade mark infringement, amongst others. Based on the given scenario, the odds appear not to be in their favour. In essence, an upfront due diligence goes a long way toward steering clear of these challenges, ensuring a smoother path for your business venture.
Eversheds Sutherland.
|
- END