Gazette and Newsflash 22 – 29 January 2026

cards-poker-gambling-casino-gamble-1598x900.jpg

Dear Subscribers,

 

The stakes have been raised.

As “Januworry” draws to a close, one thing is abundantly clear: based on recent regulatory movements, South Africa’s regulatory landscape is shifting with a series of decisive, high-impact proposals and enactments.

The government is placing bold bets on reform—from taxing the digital frontier of gambling to rewriting the rulebook on workplace safety and empowering whistleblowers in the fight against procurement corruption.

This isn’t just legislative noise. These changes carry direct operational, financial, and strategic implications for businesses across sectors. Whether you’re in agriculture adjusting to new fees, in telecommunications responding to a licensing inquiry, or in any industry managing workplace safety, the message is clear: proactive compliance is no longer optional—it’s a critical business imperative.

In this edition, we cut through the complexity to give you a clear, actionable overview of the most significant updates. We’ve distilled the key proposals, deadlines, and actions you need to know.

 

Inside This Edition:

  • 🃏 The Big Bet: A deep dive into the proposed 20% national online gambling tax—what it means for operators, regulators, and the market.
  • 🛡️ Safety, Redefined: The COIDA Amendments are now in effect. Discover the broader coverage, stronger enforcement, and new rehabilitation mandates.
  • 📢 Whistleblowers Wanted: How the new Public Procurement Amendment Bill plans to incentivize disclosures and allow private prosecutions.
  • 📋 Your Action Table: A quick-glance summary of all key legislative notices—from Competition thresholds to Labour agreements—complete with impacts and deadlines.

Navigating these changes successfully requires insight and preparation. Let’s get you briefed.

 

— Alison and The Legal Team

 

The key themes are:

 

GAMBLING

Gambling: Consideration of a national online gambling tax and regulatory reforms to address gaps, risks, and social costs associated with online and interactive gambling. Proposed 20% tax on gross gambling revenue (GGR) on online/interactive gambling, on top of existing provincial taxes, with broader implications for operators, regulators, financial institutions, and compliance requirements. Offshore gambling remains prohibited. In-house counsel should monitor legislation, assess tax exposure, and align compliance programs.

South Africa is considering significant reforms to the regulatory and tax environment governing online gambling, driven by concerns about rapid industry expansion, illegal interactive gambling, and the social harms associated with problem gambling. The National Treasury has proposed the introduction of a 20% national tax on gross gambling revenue (GGR) from online and interactive gambling, aimed at curbing excessive gambling, improving regulatory oversight, and harmonising national and provincial tax frameworks.

 

Key objectives include:

Addressing Regulatory Gaps:

Online betting is legal only through licensed bookmakers, while interactive gambling—such as online casinos, poker, and digital slot machines—remains illegal under the National Gambling Act of 2004. The lack of implementation of the National Gambling Amendment Act of 2008 has left interactive gambling unregulated, despite its growing prevalence.

 

Introducing a National Online Gambling Tax:

National Treasury proposes a 20% tax on GGR, in addition to existing provincial taxes of 6–9%. Combined, operators would face an effective tax range of 26% to 29%, potentially generating more than R10 billion in additional revenue. The tax is intended to internalize social costs and discourage harmful gambling behaviours rather than solely raise revenue.

 

Clarifying the Legal Landscape:

    • Online Betting: Legal when offered by licensed South African bookmakers.
    • Interactive Gambling: Illegal and currently unregulated, though still subject to the proposed national tax.
    • Offshore Gambling: Prohibited; banks must block transactions, and illegal winnings may be confiscated.

 

Stakeholder Impact:

The proposal affects online betting operators, regulators, gambling boards, financial institutions, and individuals engaged in betting or gambling activities. Operators will be required to register with SARS, update internal controls, increase reporting, and prepare for heightened compliance requirements.

 

International Benchmarking:

Countries including the UK, New Zealand, Kenya, and Australia already impose taxes on online gambling to mitigate social harm. South Africa’s proposed tax structure aligns with these international norms and seeks to modernize an outdated regulatory regime.

 

Implications for In-House Counsel:

Counsel must prepare organisations for potentially sweeping changes by monitoring legislation, assessing tax exposures, reviewing compliance frameworks, evaluating risk mitigation strategies, and engaging proactively with regulators and industry associations.

The proposed reforms represent a major shift in how online gambling is regulated, taxed, and monitored in South Africa. They aim to modernize the legislative environment, strengthen oversight, and reduce the social costs associated with the expanding online gambling sector. Interested stakeholders should closely track the policy process, as changes may have wide-ranging operational, financial, and compliance implications for the gambling industry and associated sectors.

 

HEALTH AND SAFETY

Health and Safety: Implementation of amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA) 2022, expanding coverage, reforming governance, increasing compliance enforcement, and emphasizing rehabilitation to support return-to-work for injured workers.

 

Focus

Amendments to the COIDA, as per the Compensation for Occupational Injuries and Diseases Amendment Act, 2022, are now effective.

Summed up

The Compensation for Occupational Injuries and Diseases Amendment Act 2022, brings significant changes to South Africa’s approach to workplace injury and disease compensation.

  • Broader Definitions: The Act expands key terms like “accident,” “employee,” and “dependant,” increasing the scope of who is covered.
  • Governance Overhaul: A new Board structure with clear appointment, disqualification, and removal criteria aims to improve Fund oversight.
  • Stronger Compliance: New administrative penalties, compliance orders, and inspector powers ensure better enforcement and employer accountability.
  • Rehabilitation Focus: Mandates clinical, vocational, and social rehabilitation to support injured workers’ return to work and independence.

Understanding these updates is crucial for employers, employees, and service providers to ensure compliance and maximize the benefits of the new system.

  

PUBLIC PROCUREMENT

 

Public Procurement: Introduction of the Public Procurement Amendment Bill 2026 to combat corruption and state capture. Notable provisions include whistleblower incentives, private prosecutions when NPA action is lacking, and amendments to the Public Procurement Act 2024 to formalize disclosures and penalties. Public comments invited within 30 days.

MS M.P. Kobe, MP, intends to introduce the Public Procurement Amendment Bill, 2026, in Parliament.

The bill aims to address issues of corruption and state capture in South Africa, particularly in the public procurement sector, which accounts for over R800 billion in annual expenditure.

Key objectives include:

  1. Whistleblower Incentives: Institutionalizing monetary rewards for whistleblowers whose disclosures lead to the recovery of state funds, addressing the risks and challenges whistleblowers face.
  2. Private Prosecutions: Allowing private prosecutions for corruption cases when the National Prosecuting Authority (NPA) fails to act.
  3. Amendments to the Public Procurement Act, 2024: Introducing provisions for whistleblower disclosures, monetary rewards, and offences related to whistleblower disclosures.

The bill draws inspiration from international models like the U.S. False Claims Act, which has proven effective in recovering funds through whistleblower incentivization.

Interested parties are invited to submit written comments on the draft bill within 30 days of the notice.

The draft bill can be accessed online at the provided link.

The contents also outline sector-specific regulatory items (Agricultural, Competition, Customs, Electronic Communications, Finance, Labour, Medical, Standards, Transport, Advertising, B-BBEE, and Tobacco) with an emphasis on proposed amendments, regulatory changes, and opportunities for stakeholder input.

 

Alison and The Legal Team

 

CONTENTS:

 

AGRICULTURAL

Agricultural Product Standards Act: Regulations: Departmental Fees: Amendment

 

COMPETITION

Competition Act: Rules for conduct of proceedings in Competition Commission: Rule 10 (5): Merger Filing Fees: Amendment: Comments invited

Competition Act: Determination of merger thresholds: Amendment: Comments invited

 

CUSTOMS, EXCISE AND INTERNATIONAL TRADE

Customs and Excise Act: Imposition of Provisional Payment (PP/178)

Customs and Excise Act: Amendment to Part 1 of Schedule No. 1 (No. 1/1/1966)

 

ELECTRONIC COMMUNICATIONS

Electronic Communications Act: Questionnaire of the Inquiry into New Individual Electronic Communications Network Service Licences: Extension of closing date for written responses

Electronic Communications Act: Regulations: End-user and subscriber service charter: Amendment

 

FINANCE

South African Revenue Service Act: Schedule 1: Legislation administered by Commissioner: Amendment (English / Afrikaans)

 

GAMBLING

Media Statement: Extension Of Deadline For Public Comments In Respect Of The Draft National Online Gambling Tax Discussion Paper

 

HEALTH AND SAFETY

Compensation for Occupational Injuries and Diseases Amendment Act: Commencement

 

LABOUR

Basic Conditions of Employment Act: Intention to deem performers in performance of Advertising, Artistic, and Cultural Activities in South Africa as employees: Comments invited

Labour Relations Act: Bargaining Council for the Civil Engineering Industry (BCCEI): Extension of conditions of Employment Collective Agreement to Non-Parties

Labour Relations Act: National Bargaining Council of the Leather Industry of South Africa: Extension to Non- Parties of the Agency Shop Amending Collective Agreement for Employees

Labour Relations Act: Motor Industry Bargaining Council: Extension to non-parties of Autoworkers Provident Fund Collective Agreement

Labour Relations Act: Essential Services Committee: Investigation as to whether following services are essential: Maintenance of critical telecommunication infrastructure; Services by pilots, cabin crew, ground logistical staff and boarding gate agents

Labour Relations Act: Bargaining Council for the Civil Engineering Industry (BCCEI): Conditions of Employment Collective Agreeement: Cancellation

Labour Relations Act: Bargaining Council for the Civil Engineering Industry (BCCEI): Wage and Task Grade Collective Agreement: Cancellation

Labour Relations Act: Motor Industry Bargaining Council: Extension to Non-Parties of the Motor Industry Provident Fund Collective Agreement

Labour Relations Act: Registration of employers’ organisation: The Cleaning Association of South Africa (CASA)

 

MEDICAL

Medical Schemes Act: Adjustment to fees payable to brokers

 

PUBLIC PROCUREMENT

Public Procurement Amendment Bill: Explanatory summary: Comments invited

 

STANDARDS

Standards Act: Standards matters: Comments invited

 

TRANSPORTATION

Transportation: Road Carrier Permits

 

ADVERTISING ARTICLES

MTN’S Router Claims Deemed Misleading

 

B-BBEE ARTICLES

State dangles carrot in form of BEE points

 

FINANCE ARTICLES

No big tax changes in February budget, says Godongwana

SARS is coming after taxpayers with a new weapon, leaving nowhere to hide

 

HEALTH AND SAFETY ARTICLES

Pick n Pay again fails to avoid liability for shopper’s injuries

 

TOBACCO ARTICLES

SA losing ground to illicit economy, Sars warns

 

TRANSPORTATION ARTICLES

ANC condemns scholar transport operators’ ‘arrogance’ in flouting law after accident

 

EXECUTIVE SUMMARY

Table of Legislative & Regulatory Items

Name of Law / NoticeTopic or AreaImpacted Parties or DepartmentImpact in a NutshellActionDeadline if Applicable
Draft National Online Gambling Tax PolicyGambling / TaxationOnline betting operators, interactive gambling platforms, regulators (National Treasury, SARS, Gambling Boards), financial institutions, gamblers. 

Introduction of a 20% national tax on gross gambling revenue (GGR), creating a total effective tax rate of 26-29%. Aims to regulate the sector, curb illegal gambling, and internalize social costs.

Monitor legislation, assess tax exposure, update compliance frameworks, prepare for SARS registration and reporting.Public comment deadline was extended (see specific notice).
Compensation for Occupational Injuries and Diseases Amendment Act, 2022Health and Safety / LabourAll employers, employees, the Compensation Fund, service providers, occupational health practitioners. 

Expands coverage definitions, overhauls Fund governance, introduces penalties and compliance orders, mandates rehabilitation programs for injured workers.

Update workplace policies and reporting procedures, ensure compliance with new coverage rules, prepare for enhanced enforcement.Act is now effective.

 

Public Procurement Amendment Bill, 2026Public Procurement / Anti-CorruptionAll government entities, suppliers to state, whistleblowers, National Prosecuting Authority (NPA), civil society. 

Seeks to combat corruption via monetary rewards for whistleblowers and allowing private prosecutions if NPA fails to act.

Review draft bill, assess implications for procurement processes and fraud risk management.Submit written comments within 30 days of the notice’s publication.
Agricultural Product Standards Act: Amendment of Departmental FeesAgriculture / StandardsAgricultural producers, food processors, importers/exporters, storage & distribution businesses. 

Changes to fees charged for departmental services (inspections, certifications, etc.) related to regulated agricultural products.

Review new fee schedule, adjust operational budgets for compliance costs.Effective upon publication (23 Jan 2026).
Competition Act: Amendment of Merger Filing Fees & ThresholdsCompetition / MergersCompanies involved in mergers and acquisitions, legal advisors, the Competition Commission. 

Adjusts the financial thresholds for mandatory merger notifications and the associated filing fees.

Review new thresholds for upcoming M&A transactions, budget for revised filing costs.Comments invited on draft amendments.
Customs and Excise Act: Imposition of Provisional Payment & Tariff AmendmentCustoms & International TradeImporters, exporters, manufacturers, logistics companies. 

Imposes a new provisional payment and amends tariff rates on specified goods.

Apply new tariff codes and rates, account for provisional payments in costing.Effective dates specified in the notices.
Electronic Communications Act: Inquiry & Charter AmendmentElectronic CommunicationsTelecommunications operators, network service providers, consumers. 

Extends consultation on new licences and amends regulations on end-user service charters (quality of service standards).

Participate in inquiry, review and implement updated service charter requirements.Closing date for inquiry responses extended.
Labour Relations Act: Various Notices (Bargaining Councils, Essential Services, etc.)Labour / Industrial RelationsEmployers and employees in specified industries (civil engineering, leather, motor, etc.), airlines, telecom infrastructure maintainers. 

Extends collective agreements to non-parties, cancels some agreements, investigates designation of new essential services, registers new employers’ organisation.

Check applicability of extended agreements, prepare for potential essential service designation (no strike clauses).Various effective dates as per specific notices.
Basic Conditions of Employment Act: Intention to Deem Performers as EmployeesLabourAdvertising, artistic, and cultural sectors engaging performers. 

Aims to reclassify certain performers as employees, granting them full labour rights and benefits.

Review engagement models for performers in light of proposed change.Comments invited on the intention.
Medical Schemes Act: Adjustment to Broker FeesMedical / HealthcareMedical schemes, brokers, healthcare beneficiaries. 

Adjusts the maximum fees payable by medical schemes to brokers for their services.

Update broker service contracts and scheme administration systems.Effective upon publication.

AGRICULTURAL

 

 

LAW AND TYPE OF NOTICE

 

AGRICULTURAL PRODUCT STANDARDS ACT:

 

Regulations: Departmental Fees: Amendment

 

G 53984 RG 11929 GoN 7010

 

23 January 2026

 

 

APPLIES TO: 

 

Any organization involved in the production, processing, import, export, inspection, storage, or certification of agricultural products regulated under the APS Act will be affected by the amended departmental fees.

 

1. Agricultural Producers

2. Food Processors & Manufacturers

4. Exporters of Agricultural Goods

5. Storage & Distribution Businesses Handling Regulated Goods

 

SUMMARY

 

Amendments to the Regulations Regarding Departmental Fees under the Agricultural Product Standards Act, 1990 (Act 119 of 1990)

 

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. R. 7010 23 January 2026

 

AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990)

 

REGULATIONS REGARDING DEPARTMENTAL FEES: AMENDMENT

 

The Minister for Agriculture has, under section 15 of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) –

 

(a) made the regulations in the Schedule; and

(b) determined that the said regulations shall come into operation on 1 April 2026.

 

SCHEDULE

 

Definition

 

1. In this Schedule “the Regulations” means the Regulations published by Government Notice No. R. 1259 of 27 September 2019, as amended by Government Notices Nos. R. 179 of 21 February 2020, R. 359 of 23 April 2021, R. 1918 of 25 March 2022 and R. 2956, 27 January 2023, R. 4367 of 16 February 2024 and R. 5818 of 31 January 2025.

 

Substitution of Tables 1,2,3,4 and 5 in the Regulations

 

2. The Regulations are hereby amended by substituting Tables 1,2,3,4 and 5 with the following Tables respectively:

 

CLICK HERE TO VIEW THE FULL GAZETTE:

 

AGRICULTURAL: AGRICULTURAL PRODUCT STANDARDS ACT: REGULATIONS: DEPARTMENTAL FEES: AMENDMENT

G 53984 RG 11929 GON 7010 23 JANUARY 2026 

 

 

LINK TO FULL NOTICE

 

Agricultural Product Standards Act: Regulations: Departmental Fees: Amendment

G 53984 RG 11929 GoN 7010

23 January 2026

 

53984rg11929gon7010.pdf

 

 

ACTION

 

Affected organizations need to take note of the new set of Departmental fees.

 

END

 

COMPETITION

 

 

LAW AND TYPE OF NOTICE

 

COMPETITION ACT:

 

Rules for conduct of proceedings in Competition Commission: Rule 10 (5): Merger Filing Fees: Amendment: Comments invited

 

G 54021 GoN 7030

 

– Comment by 10 Mar 2026

 

27 January 2026

 

 

APPLIES TO: 

 

Any organization that is a party to an intermediate or large merger under the Competition Act will be directly affected

 

1. Companies Engaging in Mergers or Acquisitions

2. Large Corporations Across All Sectors

3. Holding Companies, Investment Firms & Private Equity

4. Legal, Competition Law & Corporate Advisory Firms

5. Multinational Enterprises Merging with or Acquiring SA Operations

6. Industry Associations & Business Chambers

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF TRADE INDUSTRY AND COMPETITION

 

NO. 7030 27 January 2026

 

DRAFT AMENDMENT TO RULE 10(5) OF THE RULES FOR THE CONDUCT OF PROCEEDINGS IN THE COMPETITION COMMISSION – MERGER FILING FEES INVITATION FOR PUBLIC COMMENTS

 

1. By virtue of the powers vested in me in terms of section 21(4) of the Competition Act, 89 of 1998, as amended, I, Mr. Mpho Parks Tau, Minister of Trade, Industry and Competition, in consultation with the Commissioner, hereby publish for public comments the draft amendment to Regulation 10(5) of the Competition Commission Rules for public comment as set out in the Schedule hereto.

 

2. The purpose of the proposed amendment to Regulation 10(5) of the Competition Commission Rules, as set out in the Schedule hereto, is to update and effect an inflationary adjustment to the merger filing fees gazetted in General Notice 1336 of 2018 (published in Government Notice No. 42082 of 4 December 2018). The merger filing fees have not been updated since 2018.

 

3. Interested persons are invited to submit comments in writing on the proposed amendment to Regulation 10(5) of the Competition Commission Rules within a period of 30 business days of the publication of this notice to the Minister of Trade, Industry and Competition, for the attention of Dr Ivan Galodikwe, email IGalodikwe@thedtic.gov.za OR hand delivered at

 

3rd Floor, Block E, 77 Meintjies

Street, Sunnyside, 0132.

MR MPHO PARKS TAU, MP

MINISTER OF TRADE, INDUSTRY AND COMPETITION

Date: 23/01/2026

 

CLICK HERE TO VIEW THE FULL GAZETTE NOTICE:

 

COMPETITION: COMPETITION ACT: RULES FOR CONDUCT OF PROCEEDINGS IN COMPETITION COMMISSION: RULE 10 (5): MERGER FILING FEES: AMENDMENT: COMMENTS INVITED

G 54021 GON 7030 – COMMENT BY 10 MAR 2026 

 

 

LINK TO FULL NOTICE

 

Competition Act: Rules for conduct of proceedings in Competition Commission: Rule 10 (5): Merger Filing Fees: Amendment: Comments invited

G 54021 GoN 7030

– Comment by 10 Mar 2026

27 January 2026

 

54021gon7030.pdf

 

 

ACTION

 

Ensure that you submit your comments before 10 March 2026.

 

END

 

LAW AND TYPE OF NOTICE

 

COMPETITION ACT:

 

Determination of merger thresholds: Amendment: Comments invited

 

G 54020 GoN 7029

 

– Comment by 10 Mar 2026

 

27 January 2026

 

 

APPLIES TO: 

 

1. Companies Engaging in Mergers or Acquisitions

2. Large Corporations Across All Sectors

3. Medium‑Sized Firms Considering Expansion Through Acquisition

4. Private Equity Firms, Investment Holdings & Venture Capital Funds

5. Multinational Corporations Acquiring South African Businesses

6. Legal and Advisory Firms Handling Merger Filings

7. Industry Associations and Business Bodies

 

SUMMARY

 

Proposed Amendments

 

Definitions (Part A)

 

  • Removal of the definition of “G.A.A.P” (Generally Accepted Accounting Practice).
  • Retention and clarification of the definition of “I.F.R.S” (International Financial Reporting Standards).
  • Updated definition of “transferred firm” to reflect firms or assets that become controlled by an acquiring firm under section 12 of the Act.

 

Lower Merger Threshold Amendments

 

(Thresholds that determine when a merger becomes an intermediate merger)

 

Combined turnover or assets threshold increases:

 

  • Threshold raised from R600 million to R1 billion for:
    • Combined annual turnover of acquiring and transferred firms; OR
    • Combined asset value; OR
    • Turnover of acquiring firms + assets of transferred firms; OR
    • Turnover of transferred firms + assets of acquiring firms.

 

Transferred firm thresholds increased:

 

  • Threshold raised from R100 million to R175 million for either:
    • Annual turnover of the transferred firm; OR
    • Asset value of the transferred firm.

 

Higher Merger Threshold Amendments

 

(Thresholds that determine when a merger becomes a large merger)

 

Combined turnover or assets threshold increases:

 

  • Threshold raised from R6.6 billion to R9.5 billion for:
    • Combined annual turnover of acquiring and transferred firms; OR
    • Combined asset value; OR
    • Turnover of acquiring firms + assets of transferred firms; OR
    • Turnover of transferred firms + assets of acquiring firms.

 

Transferred firm thresholds increased:

 

  • Threshold raised from R190 million to R280 million for either:
    • Annual turnover of the transferred firm; OR
    • Asset value of the transferred firm

 

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF TRADE INDUSTRY AND COMPETITION

 

NO.7029 27 January 2026

 

DRAFT AMENDMENT OF THE DETERMINATION OF MERGER THRESHOLDS AS SET OUT IN GENERAL NOTICE 1003 OF 2017 INVITATION FOR PUBLIC COMMENTS

 

By virtue of the powers vested in me in terms of section 11 of the Competition Act, 89 of 1998, as amended, I, Mr. Mpho Parks Tau, Minister of Trade, Industry and Competition, in consultation with the Competition Commission, hereby publish for public comments the draft amendment of the Determination of Merger Thresholds as set out in Part A of General Notice 1003 of 2017 (published in Government Notice No. 41124 of 15 September 2017) as set out in the Schedule hereto.

 

The Method of Calculation set out in Part B of the General Notice 1254 of 2017 (published in Government Notice No. 41245 of 10 November 2017) shall remain unchanged. Stakeholders and interested persons are invited to submit comments in writing on the proposed amendment within a period of 30 business days of the publication of this notice to the Minister of Trade, Industry and Competition, for the attention of Dr Ivan Galodikwe, email IGalodikwe@thedtic.gov.za OR hand delivered at 3rd Floor, Block E, 77 Meintjies Street, Sunnyside, 0132.

 

MR MPHO PARKS TAU, MP

MINISTER OF TRADE, INDUSTRY AND COMPETITION

Date:23/01/2026

 

CLICK HERE TO VIEW THE FULL GAZETTE:

 

COMPETITION ACT: COMPETITION ACT: DETERMINATION OF MERGER THRESHOLDS: AMENDMENT: COMMENTS INVITED

G 54020 GON 7029 – COMMENT BY 10 MAR 2026 27 JANUARY 2026 

 

 

LINK TO FULL NOTICE

 

Competition Act: Determination of merger thresholds: Amendment: Comments invited

G 54020 GoN 7029

– Comment by 10 Mar 2026

27 January 2026

 

54020gon7029.pdf

 

 

ACTION

 

Ensure that you submit your comments before 10 March 2026.

 

END

CUSTOMS, EXCISE AND INTERNATIONAL TRADE

 

 

LAW AND TYPE OF NOTICE

 

CUSTOMS AND EXCISE ACT:

 

Imposition of Provisional Payment (PP/178)

 

G 53984 RG 11929 GoN 7018

 

23 January 2026

 

 

APPLIES TO: 

 

1. Importers of Float Glass

2. Glass Distributors & Wholesalers

3. Manufacturers & Fabricators Using Float Glass

4. Construction & Infrastructure Companies

5. Retailers of Building & Home Improvement Materials

6. Tanzanian Exporters / Manufacturers

7. Logistics & Supply Chain Service Providers

 

FULL TEXT

 

 

DETAILS

 

CUSTOMS AND EXCISE ACT, 1964.

 

IMPOSITION OF PROVISIONAL PAYMENT (PP/178)

 

NO. R. 7018 23 January 2026

 

In terms of section 57A of the Customs and Excise Act, 1964, a provisional payment in relation to anti-dumping duty is imposed, up to and including 22 July 2026, to the extent set out in the Schedule hereto.

 

CLICK HERE TO VIEW THE FULL GAZETTE:

 

CUSTOM AND EXCISE: CUSTOMS AND EXCISE ACT: IMPOSITION OF PROVISIONAL PAYMENT (PP/178)

G 53984 RG 11929 GON 7018 23 JANUARY 2026 

 

 

LINK TO FULL NOTICE

 

Customs and Excise Act: Imposition of Provisional Payment (PP/178) (English / Afrikaans)

G 53984 RG 11929 GoN 7018

23 January 2026

 

53984rg11929gon7018.pdf

 

 

ACTION

 

Take note

 

END

 

LAW AND TYPE OF NOTICE

 

CUSTOMS AND EXCISE ACT:

 

Amendment to Part 1 of Schedule No. 1 (No. 1/1/1966)

 

G 53984 RG 11929 GoN 7019

 

23 January 2026

 

 

APPLIES TO: 

 

1. Importers of Frozen Molluscs / Seafood

2. Seafood Distributors & Wholesalers

3. Retailers Selling Frozen Seafood

4. Food Processors & Manufacturers Using Molluscs

5. Hospitality & Catering Providers

6. Customs Brokers, Clearing Agents & Freight Forwarders

7. Exporters to South Africa (Foreign).

 

FULL TEXT

 

 

DETAILS

 

CLICK HERE TO VIEW THE FULL GAZETTE:

 

CUSTOMS AND EXCISE: CUSTOMS AND EXCISE ACT: AMENDMENT TO PART 1 OF SCHEDULE NO. 1 (NO. 1/1/1966)

G 53984 RG 11929 GON 7019 23 JANUARY 2026 

 

 

LINK TO FULL NOTICE

 

Customs and Excise Act: Amendment to Part 1 of Schedule No. 1 (No. 1/1/1966) (English / Afrikaans)

G 53984 RG 11929 GoN 7019

23 January 2026

 

53984rg11929gon7019.pdf

 

 

ACTION

 

Take note.

END

ELECTRONIC COMMUNICATIONS

 

 

LAW AND TYPE OF NOTICE

 

ELECTRONIC COMMUNICATIONS ACT:

 

Questionnaire of the Inquiry into New Individual Electronic Communications Network Service Licences: Extension of closing date for written responses

 

G 54018 GeN 3739

 

– Comment by 16 Feb 2026

 

27 January 2026

 

 

FULL TEXT

 

 

DETAILS

 

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA

 

NOTICE 3739 OF 2026

 

GENERAL NOTICE

 

ELECTRONIC COMMUNICATIONS ACT, 2005 (ACT NO. 36 OF 2005)

 

NOTICE TO EXTEND THE CLOSING DATE FOR WRITTEN RESPONSES TO THE QUESTIONNAIRE OF THE INQUIRY INTO NEW INDIVIDUAL ELECTRONIC COMMUNICATIONS NETWORK SERVICE LICENCES

 

On 25 November 2025, the Independent Communications Authority of South Africa (“the Authority”) published its Notice of intention to conduct an Inquiry into new Individual Electronic Communications Network Service licences in Government Notice No. 53719 published in Government Gazette No. 3644 of 2025.

 

Interested persons were invited to provide responses to the questionnaire within forty-five (45) working days after the publication of the Notice in the Gazette (i.e., no later than 02 February 2026).

 

The Authority has received and considered request(s) from stakeholders to extend the deadline to submit responses or comments.

 

The Authority hereby extends the deadline to 16 February 2026.

 

However, it should be noted that no further extensions beyond the aforementioned closing date will be considered and/or granted by the Authority.

________________________

MOTHIBI G. RAMUSI

CHAIRPERSON

DATE: 23 /01/2026

 

CLICK HERE TO VIEW THE FULL GAZETTE:

 

ELECTRONIC COMMUNICATIONS: ELECTRONIC COMMUNICATIONS ACT: QUESTIONNAIRE OF THE INQUIRY INTO NEW INDIVIDUAL ELECTRONIC COMMUNICATIONS NETWORK SERVICE LICENCES: EXTENSION OF CLOSING DATE FOR WRITTEN RESPONSES

G 54018 GEN 3739 – COMMENT BY 16 FEB 2026 27 JANUARY 2026 

 

 

LINK TO FULL NOTICE

 

Electronic Communications Act: Questionnaire of the Inquiry into New Individual Electronic Communications Network Service Licences: Extension of closing date for written responses

G 54018 GeN 3739

– Comment by 16 Feb 2026

27 January 2026

 

54018gen3739.pdf

 

 

ACTION

 

Ensure that you submit your comments before 16 February 2026.

 

END

 

LAW AND TYPE OF NOTICE

 

ELECTRONIC COMMUNICATIONS ACT:

 

Regulations: End-user and subscriber service charter: Amendment

 

G 53991 GoN 7027

 

23 January 2026

 

 

APPLIES TO: 

 

The organisations most directly affected are all entities licensed by ICASA that provide mobile or electronic communications services, especially those selling:

 

  • Data bundles
  • Voice bundles
  • SMS bundles
  • Promotional bundles
  • Hybrid or OTT‑inclusive bundles
 

SUMMARY

 

1. Notice & Introduction

 

The Chairperson of ICASA publishes the sixth amendment to the End‑User and Subscriber Service Charter Regulations of 2016. The notice announces that amendments are officially made and will take effect after 12 months.

 

2. Schedule of Amendments

 

2.1. Definitions (Regulation 1 amendments)

 

Several key definitions are added, deleted, or modified:

  • “Activation” now defined as when the bundle becomes available for use.
  • “Bundle” redefined to include data, SMS, voice, or combinations sold for a single price.
  • Deletion of the separate “data bundle” definition.
  • “Promotional bundle” defined to include discounted offers, gifts, vouchers, and loyalty benefits.

 

3. Amendment of Regulation 5 — Promotional Tariffs

 

Licensees must submit all promotional tariffs and the dates they apply at least 5 days before launch (previously 7 days).

 

4. Substitution of Regulation 8A — Voice, SMS and Data Services

 

4.1 Usage Depletion Notifications

 

Licensees must send depletion notifications at:

  • 50%, 80%, and 100% of bundle usage.
  • Notifications may be via SMS, push notifications, or other suitable channels.

 

4.2 User Options (Opt‑In / Opt‑Out)

 

Licensees must allow users to:

  • opt in/out of depletion notifications
  • buy additional bundles
  • opt in or out of out‑of‑bundle (OOB) charging

 

4.3 OOB Blocking

 

If a bundle is depleted AND the user has not opted in to OOB charges:

  • Licensee must block OOB usage until the user buys a new bundle or opts in.

 

4.4 Sequential Bundle Usage Rule

 

A “First‑Expiry‑First‑Out” (FEFO) rule now applies:

  • The oldest valid bundle must be depleted first.

 

4.5 Bundle Roll‑Over

 

Licensees must:

  • Roll over any unused bundle at least once, automatically
  • Roll‑over applies to bundles longer than 7 days (shorter bundles are excluded)
  • Rolled‑over bundles retain the same terms as the original bundle
  • Roll‑over must occur without any action or charge to the user

 

4.6 Bundle Transfer

 

Licensees must allow users to:

  • Transfer bundles (or parts of bundles) to other users on the same network
  • Transfers must adhere to original bundle terms
  • Transfers must not be limited by type of service (voice, SMS, data), number of transfers, or volume — except uncapped, free or promotional bundles, which cannot be transferred

 

4.7 Extension Due to Licensee Fault

 

If the user is unable to use a bundle because of a licensee‑related fault, the bundle validity period must be extended.

 

Users must report faults to qualify.

 

5. Repeal of Regulation 8B

 

Regulation 8B — previously dealing with OOB rules and notifications — is formally repealed. Its provisions are merged into newly substituted 8A.

 

6. Short Title & Commencement

 

The amendments are officially titled:

 

“End‑User and Subscriber Service Charter Amendment Regulations, 2025.”

 

They will be effective 12 months after publication in the gazette.

 

 

FULL TEXT

 

 

DETAILS

 

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA

 

NO. 7027 23 January 2026

 

END-USER AND SUBSCRIBER SERVICE CHARTER AMENDMENT REGULATIONS, 2025

 

I, Mothibi Ramusi, Chairperson of the Independent Communications Authority of South Africa (“the Authority”), hereby publishes the sixth amendment to the Enduser and Subscriber Service Charter Regulations 2016 to the extent reflected in the Schedule.

___________________________

MOTHIBI G. RAMUSI

CHAIRPERSON

DATE: 25/11/2025

 

CLICK HERE TO VIEW THE FULL GAZETTE:

 

ELECTRONIC COMMUNICATION: ELECTRONIC COMMUNICATIONS ACT: REGULATIONS: END-USER AND SUBSCRIBER SERVICE CHARTER: AMENDMENT

G 53991 GON 7027 23 JANUARY 2026 

 

 

LINK TO FULL NOTICE

 

Electronic Communications Act: Regulations: End-user and subscriber service charter: Amendment

G 53991 GoN 7027

23 January 2026

 

53991gon7027.pdf

 

 

ACTION

 

Organisation TypeKey Required Compliance Actions
Mobile Operators (Vodacom, MTN, Telkom, Cell C, Rain)Full billing, OOB blocking, roll‑over, transfer, tariff filing, customer comms updates
MVNOsImplement new rules through wholesale agreements; adjust OSS/BSS systems
ISPs offering bundlesApply bundle definitions, FEFO rules, notification rules
VAS ProvidersAlign promotional bundle rules; update T&Cs
Consumer BodiesMonitor implementation, escalate complaints to ICASA

 

 

END

 

FINANCE

 

 

LAW AND TYPE OF NOTICE

 

SOUTH AFRICAN REVENUE SERVICE ACT:

 

Schedule 1: Legislation administered by Commissioner: Amendment

 

G 53991 GoN 7028

 

23 January 2026

 

 

APPLIES TO: 

 

If an organisation pays tax, imports/exports, employs staff, conducts regulated financial transactions, or operates in a sector with special taxes or levies — it is affected

 

1. All taxpayers and tax‑regulated entities

2. Importers, exporters, and customs‑regulated businesses

3. Sectors subject to special taxes or levies

4. Financial market participants

5. Any organisation claiming incentives or relief

 

SUMMARY

 

The amendment updates which legislation SARS is responsible for administering. When such a change occurs, it typically means:

  • Adding new Acts that SARS will administer
  • Removing Acts no longer under SARS’s mandate
  • Updating titles or content of existing Acts
  • Aligning the Schedule with newly enacted or amended legislation

  

 

FULL TEXT

 

 

DETAILS

 

 

CLICK HERE TO VIEW THE FULL GAZETTE:

 

FINANCE: SOUTH AFRICAN REVENUE SERVICE ACT: SCHEDULE 1: LEGISLATION ADMINISTERED BY COMMISSIONER: AMENDMENT

G 53991 GON 7028 23 JANUARY 2026 

 

 

LINK TO FULL NOTICE

 

South African Revenue Service Act: Schedule 1: Legislation administered by Commissioner: Amendment (English / Afrikaans)

G 53991 GoN 7028

23 January 2026

 

53991gon7028.pdf

 

 

ACTION

 

Take note of the legislation that SARS is responsible for administering.

 

END

GAMBLING

 

 

LAW AND TYPE OF NOTICE

 

ONLINE GAMBLING:

 

Media Statement: Extension of Deadline for Public Comments in Respect of the Draft National Online Gambling Tax Discussion Paper

 

 

APPLIES TO: 

 

Organizations that offer gaming and online betting facilities, the National Gaming Board, Provincial gambling boards, the Lotteries Commission, and persons who participate in gaming and in-line betting facilities.

 

SUMMARY

 

The Case for a National Online Gambling Tax

 

The South African National Treasury proposes a 20% national tax on gross gambling revenue (GGR) from online and interactive gambling.  This tax aims to address the negative social and economic externalities associated with problem and pathological gambling, which have increased due to the rapid growth of online gambling.

 

Is Online gambling legal in SA

 

No, online gambling is currently illegal in South Africa, except for online betting through licensed bookmakers.  The National Gambling Act of 2004 prohibits interactive gambling, which includes online casino games, poker, and other forms of gambling conducted over the internet. The National Gambling Amendment Act of 2008, which was intended to regulate interactive gambling, has not yet been implemented, leaving online gambling outside the scope of legal activities.

 

However, online betting (e.g., betting on sports events and horse racing) is legal if conducted through a bookmaker licensed in South Africa.  The National Gambling Board (NGB) oversees compliance with these regulations.

 

Key Points for In-House Counsel:

 

  1. Interactive Gambling: Activities such as online casino games remain illegal under current law.
  2. Online Betting: Legal only if conducted through licensed South African bookmakers.
  3. Offshore Gambling: South African residents are prohibited from using foreign platforms for gambling.  Banks are required to block transactions related to offshore gambling, and winnings from illegal gambling activities may be confiscated.
  4. Regulatory Changes: The government is considering implementing a national online gambling tax and potentially regulating interactive gambling in the future. ​

 

In-house counsel should ensure their organizations comply with existing laws and monitor developments regarding the regulation of interactive gambling.

 

What Is The Difference Between Online Betting And Interactive Gambling?

 

The key difference between online betting and interactive gambling lies in the nature of the activity and the level of interaction with the outcome:

 

Online Betting

 

  • Definition: Online betting involves placing bets on the outcome of events, such as sports matches or horse races, through licensed bookmakers or betting platforms.
  • Interaction: The bettor has no direct influence on the outcome of the event they are betting on.  They simply predict the result and wager money on it.
  • Legality in South Africa: Online betting through licensed bookmakers is legal in South Africa.

 

Interactive Gambling

 

  • Definition: Interactive gambling refers to gambling activities conducted through electronic platforms, such as online casinos, where players actively participate in games like poker, roulette, or slot machines.
  • Interaction: Players interact directly with the game, influencing the outcome through their decisions or actions during gameplay.
  • Legality in South Africa: Interactive gambling is currently illegal in South Africa, as it is not authorized under the National Gambling Act of 2004 or subsequent amendments.

 

In summary, online betting is legal and involves wagering on external events, while interactive gambling is illegal and involves direct participation in online games.

DISCUSSION PAPER ON THE PROPOSAL TO TAX ONLINE GAMBLING

 

Key Points:

 

  1. Gambling Industry Overview:

 

    • South Africa’s gambling industry generated R1.50 trillion in turnover in FY 2024/2025, with 75% from betting activities and 19.5% from casinos.
    • Online betting accounted for 85.5% of betting GGR, reflecting a shift from physical casinos to online gambling.

 

  1. Regulatory Challenges:
    • Gambling regulation is a concurrent national and provincial competency, but online gambling remains illegal under the National Gambling Act 2004.
    • The National Gambling Amendment Act 2008, which proposed regulating interactive gambling, has not been implemented.

 

  1. Proposed National Online Gambling Tax:

 

    • A 20% tax on GGR from online and interactive gambling, in addition to existing provincial taxes (6–9% on GGR).
    • The combined tax rate would range between 26% and 29%, generating over R10 billion in additional revenue.
    • The primary goal is to discourage excessive gambling and mitigate its social costs, not solely to raise revenue.

 

  1. International Context:

 

    • Other jurisdictions, such as the UK, New Zealand, Kenya, and Australia, impose taxes on online gambling to regulate the industry and address social harms.
    • South Africa’s proposed tax rate aligns with global standards, where many countries impose similar or higher rates on GGR.

 

  1. Administrative Considerations:

 

    • Local online betting operators will need to register with SARS and provide information similar to what is currently required by provincial gambling boards.
    • Interactive gambling remains illegal, but operators engaging in such activities will still be subject to the proposed tax.

 

Conclusion:

 

The proposed national online gambling tax seeks to address the regulatory gaps in South Africa’s gambling industry, internalize social costs, and discourage harmful gambling behaviours. It aims to streamline administration, improve compliance, and align with international best practices.

 

 

EXPLAINED AND UNPACKED

 

EXECUTIVE SUMMARY OF EACH SECTION

 

1. Introduction

 

Gambling encompasses various activities, such as betting, lotteries, and casino games, and ranges from recreational to pathological behaviors. While recreational gambling poses no societal costs, problem and pathological gambling can lead to financial stress, family issues, and mental health challenges. The rise of online gambling has increased accessibility and normalization, necessitating government intervention to mitigate negative externalities.

 

2. Background

 

Gambling in South Africa evolved from prohibition under the 1965 Gambling Act to legalization in the 1990s, following the Wiehahn Commission’s recommendations.  The National Gambling Act of 2004 introduced stricter regulations and prohibited interactive gambling. ​ Despite the National Gambling Amendment Act of 2008 aiming to regulate online gambling, it remains unimplemented, leaving the sector unregulated.

 

3. Overview of Gambling Sector

 

The South African gambling industry generated R1.50 trillion in turnover in 2024/2025, with betting accounting for 75% of the total. Online betting dominates the market, representing over 85.5% of betting gross gambling revenue (GGR). The industry has experienced significant growth, particularly in online betting, which has surpassed casinos as the largest gambling segment.

 

4. Regulatory Environment

 

Gambling regulation is shared between national and provincial governments, with the National Gambling Act of 2004 as the primary legislation. While online betting through licensed bookmakers is legal, interactive gambling remains prohibited. The regulatory framework has not kept pace with technological advancements, creating gaps in addressing online gambling.

 

5. The Role of Taxation

 

Taxation is proposed as a tool to address the social costs of gambling and discourage excessive gambling. Provinces currently impose taxes on gambling activities, but rates are low. A national online gambling tax based on gross gambling revenue is proposed to ensure uniformity, streamline administration, and mitigate societal costs.

 

6. International Experience

 

Countries like the UK, New Zealand, Kenya, and Australia have implemented various gambling regulations and taxes to address social costs and generate revenue. These examples highlight the importance of balancing taxation rates to discourage excessive gambling while maintaining compliance and preventing illegal activities.

 

7. Policy Considerations and Options

 

A national online gambling tax is proposed to address the societal costs of problem gambling and regulate the growing online gambling industry.  The tax would be set at 20% of gross gambling revenue, in addition to provincial taxes, to streamline administration, discourage harmful behaviors, and generate revenue.

 

8. Administrative Considerations

 

The proposed tax would require local online betting operators to register with SARS and provide necessary information for compliance. This would simplify administration and ensure that interactive gambling activities, even if currently illegal, are subject to taxation.

 

CONCLUSION

 

The gambling industry has shifted significantly toward online platforms, creating new challenges such as increased problem gambling.  A national online gambling tax is proposed to address these challenges, internalize societal costs, and provide a regulatory framework for the evolving industry. The tax aims to discourage harmful gambling behaviors while generating additional revenue for the government.

 

 

FULL TEXT

 

 

DETAILS

 

CLICK HERE TO VIEW THE FULL DOCUMENT:

 

GAMBLING: MEDIA STATEMENT: EXTENSION OF DEADLINE FOR PUBLIC COMMENTS IN RESPECT OF THE DRAFT NATIONAL ONLINE GAMBLING TAX DISCUSSION PAPER

 

 

ACTION

 

WHAT SHOULD IN-HOUSE COUNSEL BE DOING

Recommendations for In-House Counsel in the Gaming Sector

 

In light of the proposed national online gambling tax and regulatory changes, in-house counsel should take proactive steps to ensure compliance, mitigate risks, and prepare for potential impacts on their organization.

 

Key actions include:

 

1. Monitor Legislative Developments

 

  • Stay updated on the progress of the proposed national online gambling tax and related regulatory changes.
  • Track the implementation timeline for the National Gambling Amendment Act 2008 and any new legislation affecting interactive gambling.

 

2. Assess Tax Implications

 

  • Evaluate the financial impact of the proposed 20% national tax on gross gambling revenue (GGR) in addition to existing provincial taxes.
  • Work with finance teams to model potential tax liabilities and adjust business strategies accordingly.
  • Review current tax compliance processes to ensure readiness for new reporting and payment requirements.

 

3. Review Licensing and Operational Compliance

 

  • Confirm that all online betting activities are licensed and compliant with provincial regulations.
  • Assess whether any operations could be classified as interactive gambling, which remains illegal under current law.
  • Prepare for potential changes in licensing requirements if interactive gambling becomes regulated at the national level.

 

4. Strengthen Internal Controls

 

  • Ensure robust systems are in place to track and report GGR accurately, including for online and interactive gambling activities.
  • Collaborate with IT and compliance teams to address data collection and reporting requirements for SARS and provincial gambling boards.

 

5. Evaluate Risk Mitigation Strategies

 

  • Assess the risk of non-compliance with current and proposed regulations, including potential penalties for illegal gambling activities.
  • Develop strategies to address the risk of customers shifting to unregulated or offshore gambling platforms due to higher tax rates.

 

6. Engage with Stakeholders

 

  • Collaborate with industry associations to advocate for fair and practical tax rates and regulations.
  • Engage with regulators and policymakers to provide input on the proposed tax and regulatory framework.

 

7. Educate and Train Internal Teams

 

  • Provide training to relevant teams on the implications of the proposed tax and regulatory changes.
  • Ensure employees understand the legal boundaries of online and interactive gambling activities.

 

8. Prepare for Public and Consumer Impact

 

  • Anticipate potential changes in consumer behavior due to increased tax rates and develop strategies to address these shifts.
  • Review marketing and advertising practices to ensure compliance with evolving regulations.

 

9. Evaluate International Operations

 

  • If your organization operates internationally, assess how the proposed tax aligns with global standards and impacts cross-border operations.
  • Review compliance with exchange control regulations to avoid penalties related to offshore gambling activities.

 

10. Conduct a Strategic Review

 

  • Assess the long-term impact of the proposed tax and regulatory changes on your business model.
  • Explore opportunities for diversification or innovation to mitigate potential revenue losses from higher taxes.

 

By taking these steps, in-house counsel can help their organizations navigate the evolving regulatory landscape, ensure compliance, and adapt to the proposed national online gambling tax effectively.

 

 

END

HEALTH AND SAFETY

 

 

LAW AND TYPE OF NOTICE

 

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES AMENDMENT ACT:

 

Commencement

 

G 53990 P 306

 

23 January 2026

 

 

APPLIES TO: 

 

All Organizations

 

Amendments in a nutshell 

Amended SectionKey AmendmentEffective DateAction Plan
Definitions (Section 1) 

Updated definitions for terms such as “accident,” “employee,” “earnings,” and “compensation.”

New definitions like “rehabilitation” and “licensee” added.

21 January 2026Update internal policies and contracts to reflect new definitions.

Train HR and legal teams on updated terminology. Audit existing contracts for compliance.

Board and Governance (Sections 11-13C)Changes to Compensation Fund Board composition, introduction of Board Charter, and Secretariat of the Board.21 January 2026 

Ensure compliance with new Board composition and qualifications. Assist in drafting and adopting the Board Charter within three months of the effective date. Verify disqualification criteria for Board members.

Rehabilitation and Reintegration (Chapter VIIA, Section 70A) 

Mandates provision of clinical, vocational, and social rehabilitation services for injured employees.

21 January 2026Develop rehabilitation programs with healthcare providers.

Allocate resources for rehabilitation services.

Monitor and report outcomes to the Compensation Fund.

Compliance and Enforcement (Chapter XA, Sections 93A-93G)Establishes inspectors to monitor compliance, enforce provisions, and issue compliance orders.21 January 2026 

Prepare for inspections by ensuring records are up-to-date.

Train staff on inspection protocols.

Develop procedures for cooperating with inspectors.

Administrative Penalties (Sections 39, 64, 81, 83, 86, 87, 99) 

Employers failing to comply with specific provisions are subject to penalties, such as fines based on annual earnings or assessments.

21 January 2026Implement systems to monitor compliance with reporting, record-keeping, and payment obligations. Address non-compliance promptly to avoid penalties. Conduct regular audits to identify risks.
Claims and Compensation (Sections 44, 49, 49A, 54) 

Prescription period for claims extended from 12 months to three years.

Monthly pensions commence from the date of maximum medical intervention certification.

21 January 2026Revise claims procedures to reflect extended prescription period. Ensure pension claims are reviewed and reassessed. Communicate changes to employees.
Domestic Employees (Section 63) 

Domestic employees and their employers are included under the Act.

Three-year transitional period to report accidents before commencement.

21 January 2026Identify domestic employees and ensure their inclusion under the Act. Submit claims for pre-commencement accidents by 21 January 2029.

Educate employers of domestic workers on new obligations.

Third-Party Registration (Section 73) 

Third parties transacting with the Compensation Fund must register within six months of the Act’s commencement.

21 January 2026Ensure that if a third party transacts with the Compensation Fund, you are registered by 21 July 2026.

Audit third-party relationships for compliance.

Inspector Cooperation (Chapter XA)Inspectors have powers to enter premises, question individuals, inspect records, and issue compliance orders.21 January 2026 

Develop protocols for cooperating with inspectors.

Train employees and management on their rights and obligations during inspections.

Ensure records are accessible for inspectors.

Rehabilitation and Reintegration (Section 70A) 

Employers must provide rehabilitation services to injured employees, including clinical, vocational, and social rehabilitation.

21 January 2026Partner with healthcare providers to offer rehabilitation services. Develop reintegration plans for employees returning to work. Monitor and report rehabilitation progress.

 

General Recommendations

 

  1. Compliance Framework: Develop a comprehensive compliance framework to address all amended sections of the Act.
  2. Regular Audits: Conduct regular audits to ensure ongoing compliance with the Act.
  3. Stakeholder Engagement: Engage with relevant stakeholders, including employees, third parties, and inspectors, to ensure smooth implementation of the amendments.
  4. Legal Updates: Stay informed about any further proclamations or updates related to the Act.

 

This table provides a clear overview of the amendments, their effective dates, and actionable steps for legal and compliance teams to ensure full compliance by 21 January 2026.

 

 

 

SUMMARY

 

Summary of the Amendment Act and Proclamation

 

1. Overview of the Amendment Act

 

The Compensation for Occupational Injuries and Diseases Amendment Act, 2022(Act No. 10 of 2022) amends the original Compensation for Occupational Injuries and Diseases Act, 1993. The amendments include changes to definitions, the roles and functions of the Commissioner, provisions for rehabilitation and reintegration of injured employees, regulation of healthcare services, review of pension claims, administrative penalties, compliance, and enforcement mechanisms.

 

2. Key Sections of the Amendment Act

 

Below is a detailed summary of the key sections:

 

1.     Section 1: Definitions

    • Updates definitions such as “accident,” “compensation,” “dependent of an employee,” and “earnings.”
    • Introduces new terms like “rehabilitation” and “licensee.”
    • Removes outdated definitions such as “chiropractor” and “serious and willful misconduct.”

 

2.     Section 4: Functions of the Commissioner

    • The Commissioner now handles notices of accidents, claims for compensation, medical reports, and compliance rules.

 

3.     Section 11-13: Governance of the Compensation Fund

    • The Board is restructured with 16 voting members representing labor, business, and the state.
    • Members are appointed for a maximum of two terms, each lasting up to four years.
    • The Commissioner provides resources for the Board’s operations.

 

4.     Section 70A: Rehabilitation and Reintegration

    • Introduces Chapter VIIA, mandating the Compensation Fund, employers, or licensees to provide rehabilitation services to injured employees.
    • Rehabilitation includes clinical, vocational, and social support to help employees return to work or reduce disabilities.

 

5.     Section 93A-93G: Compliance and Enforcement

    • Establishes a framework for appointing inspectors to monitor and enforce compliance.
    • Inspectors are empowered to conduct inspections, issue compliance orders, and apply to the Labor Court for enforcement.

 

6.     Section 99: Penalties

    • Specifies penalties for non-compliance with sections such as record-keeping, reporting accidents, and employer registration.

 

7.     Section 64: Prohibition on Employer Deductions

    • Employers are prohibited from deducting amounts from employees’ earnings to cover compensation liabilities.

 

8.     Section 86-87: Employer Assessments

    • Employers must pay assessments to the Compensation Fund within 30 days of notice. Penalties apply for late payments.

 

9.     Section 63: Transitional Arrangements

    • Domestic employees and employers must report accidents occurring before the Act’s commencement within three years.
    • Existing licenses for mutual associations remain valid until new agreements are established.

 

3. Proclamation Notice

 

The Proclamation Notice 306 of 2026, issued by President Cyril Ramaphosa, officially sets the commencement date for the Compensation for Occupational Injuries and Diseases Amendment Act, 2022. The proclamation confirms that the Act will take effect on January 21, 2026, with the exception of clauses .

 

Overview of the Amendments

 

The Compensation for Occupational Injuries and Diseases Amendment Act, 2022(Act No. 10 of 2022) introduces key changes to South Africa’s Compensation for Occupational Injuries and Diseases Act (COIDA). These amendments, effective from 21 January 2026, are designed to enhance the protection and rights of employees while ensuring that employers comply with updated regulations. Understanding these changes is crucial for both employers and employees to navigate the new landscape effectively.

 

Key Changes Explained

 

1. Broader Definitions

 

The amendments expand the definitions of several key terms:

 

  • Accident: Now includes a broader range of incidents that can occur at work, resulting in injury or illness.
  • Employee: The definition now includes various categories of workers, like directors and temporary staff, making the coverage more inclusive.
  • Dependant: This term now encompasses life partners and financially dependent relatives, expanding the scope of support available to families of injured workers.
  • Rehabilitation: A new definition focuses on support services aimed at helping injured workers recover and reintegrate into the workplace.

 

Action for Employers: Update internal policies and contracts to align with these new definitions and ensure HR teams are trained on the revised terminology.

 

2. Governance Overhaul

 

The structure of the Compensation Fund Board has been revamped:

  • The new Board will consist of 16 members representing labor, business, and the government, each serving a maximum of two terms.
  • A Board Charter is introduced to outline the Board’s functions and responsibilities.

 

Action for Employers: Ensure compliance with the new Board structure and assist in drafting the Board Charter within the specified timeframe.

 

3. Focus on Rehabilitation and Reintegration

 

Employers are now required to provide comprehensive rehabilitation services, which include:

  • Clinical Rehabilitation: Medical treatment and therapy for injured workers.
  • Vocational Rehabilitation: Assistance with skills training and job placement.
  • Social Rehabilitation: Support for emotional and social reintegration.

 

Action for Employers: Develop partnerships with healthcare providers to establish rehabilitation programs and allocate resources for these services.

 

4. Stricter Compliance and Enforcement

 

New measures have been introduced to ensure employers adhere to the regulations:

  • Compliance Inspectors: Appointed to monitor and enforce compliance, with the authority to issue compliance orders.
  • Penalties: Employers who fail to comply with the new provisions may face fines based on their annual earnings.

 

Action for Employers: Prepare for inspections by keeping records up-to-date and implementing systems to monitor compliance with reporting and record-keeping obligations.

 

5. Claims and Compensation

 

The amendments extend the period for employees to submit claims from 12 months to three years, allowing more time for those injured to seek compensation. Additionally, monthly pensions will start from the date of maximum medical intervention certification.

 

Action for Employers: Revise claims procedures to reflect the extended deadlines and communicate these changes to employees.

 

6. Inclusion of Domestic Employees

 

Domestic workers are now included under COIDA, with a transitional period of three years to report any accidents that occurred before the amendments took effect.

 

Action for Employers: Identify and ensure the inclusion of domestic workers in compliance with the Act, and educate employers about their new responsibilities.

 

Important Deadlines

 

Action Item

Deadline
Update internal policies and contractsBy 21 January 2026
Draft and adopt the Board CharterBy 21 April 2026
Register third parties with the Compensation FundBy 21 July 2026
Report any pre-commencement accidents for domestic employeesBy 21 January 2029

 

Conclusion: Embracing the Changes

 

These amendments to COIDA represent a significant step forward in protecting workers’ rights and ensuring employers are held accountable. It is essential for both parties to understand and implement these changes effectively to foster a safer and more supportive work environment.

 

For additional guidance or clarification, please consult your legal advisor or the Compensation Fund’s resources.

 

 

EXPLAINED AND UNPACKED

 

Here is a detailed breakdown of all sections amended in the document:

 

Section 1: Amendment of Section 1 of Act 130 of 1993

 

  • Definitions:

 

    • Accident: Expanded to include “incident or occurrence” arising out of employment, resulting in injury, illness, disease, or death.

 

    • Actuary: Defined as a Fellow of the Actuarial Society of South Africa (previously approved by the Minister).

 

    • Assessment: Includes assessments related to rehabilitation under Section 70A.

 

    • Compensation: Includes medical costs, constant attendance care allowance, and funeral costs.

 

    • Dependent of an Employee: Expanded to include life partners, children under 18, children under 25 receiving tertiary education, and financially dependent individuals.

 

    • Earnings: Defined as remuneration under the Income Tax Act, excluding pensions, allowances, or retiring allowances.

 

    • Employee: Includes directors, temporary employment services workers, and dependents of deceased employees. Excludes military personnel, police officers, and domestic employees in private households.

 

    • Employer: Includes legal persons, temporary employment services, and those controlling businesses.

 

    • Rehabilitation: Introduced to include clinical, vocational, and social rehabilitation measures aimed at reintegration and independence.

 

    • Other Definitions: Several terms were deleted or amended, including “chiropractor,” “serious and willful misconduct,” “mandator,” and “person under disability.”

 

Section 4: Amendment of Section 12

 

  • The Board can advise the Commissioner on any aspect of their functions.
  • The Board must prepare and adopt a Board Charter within three months of appointment.

 

Section 5: Substitution of Section 13

 

  • Term of Office:
    • Members serve for up to four years and can only serve two terms.
    • Vacancies must be filled for the unexpired portion of the term.
    • Members are entitled to prescribed remuneration and allowances.

 

Section 6: Insertion of Sections 13A, 13B, and 13C

 

  • Section 13A: The Commissioner must provide resources and a secretariat for the Board.
  • Section 13B: Disqualifications for Board members include insolvency, mental illness, dishonesty-related convictions, removal from office for misconduct, or conflicts of interest.
  • Section 13C: Members may resign with notice or be removed by the Minister for misconduct, incapacity, absence, or undermining activities.

 

Section 7: Repeal of Section 14

 

  • Section 14 of the principal Act is repealed.

 

Section 8: Amendment of Section 16

 

  • Adds provisions for:
    • Rehabilitation for work-related injuries and diseases.
    • Psychosocial support as part of rehabilitation services.
    • Prescribed remuneration for Board members, Commissioner, and staff of the Compensation Fund.

 

Section 9: Amendment of Section 17

 

  • The Commissioner must ensure the assets and liabilities of the Compensation Fund are valued at least every three years by an appointed actuary.

 

Section 10: Amendment of Section 18

 

  • The Commissioner may transfer funds from the Compensation Fund to the Public Investment Corporation for investment.

 

Section 11: Amendment of Section 20

 

  • The Commissioner must maintain accounts and records for the Compensation Fund and prepare annual financial statements.
  • Annual financial statements must be submitted to the Minister along with the annual report.

 

Section 12: Amendment of Section 22

 

  • Compensation for Misconduct:
    • Compensation is payable even if the accident is due to serious and willful misconduct.
    • Transportation provided by the employer is deemed part of employment.
    • Transportation begins at the designated pick-up point and ends at the drop-off point.

 

Section 13: Amendment of Section 23

 

  • Compensation for Employees Outside the Republic:
    • Compensation is based on earnings the employee would have received if they had remained in the Republic.
    • Employees temporarily employed in the Republic by foreign employers are entitled to compensation only if the employer has agreed with the Commissioner and paid necessary assessments.

 

Section 14: Amendment of Section 25

 

  • Compensation is extended to employees undergoing work-related training in furtherance of the employer’s business.

 

Section 15: Amendment of Section 26

 

  • The Commissioner may refuse awards if the employee unreasonably refuses medical aid or rehabilitation programs.

 

Section 16: Amendment of Section 30

 

  • License to Carry Out Business of Compensation Fund:
    • The Minister may issue licenses to legal entities to ensure employers against liabilities to employees under the Act.
    • Licensees must deposit securities with the Compensation Fund to cover liabilities.
    • Licensees are accountable to the Minister.

 

 

 

 

Section 17: Amendment of Section 32

 

  • Compensation may be paid to a court-appointed curator.

 

Section 18: Amendment of Section 36

 

  • The Road Accident Fund is not considered a third party from which the Compensation Fund can recover damages.
  • Employees involved in road accidents outside the course of employment are not entitled to compensation under the Act.

 

Section 19: Amendment of Section 39

 

  • Employers who fail to comply with reporting requirements face penalties of 10% of annual earnings or the full amount of compensation payable plus interest.

 

Section 20: Amendment of Section 40

 

  • The Commissioner must investigate accidents to determine liability.
  • Employers who fail to comply face penalties of 10% plus interest on actual earnings declared.

 

Section 21: Amendment of Section 41

 

  • Employees must provide prescribed information and documents when reporting accidents.
  • If an employee obtains a medical report at their own cost, the Commissioner must reimburse the expenses if the report is accepted.

 

Section 22: Amendment of Section 42

  • Employees must submit to medical examinations and rehabilitation if required.
  • Costs for medical examinations or rehabilitation are paid by the party requiring them.

 

Section 23: Amendment of Section 43

 

  • The heading is changed to “Lodging of claim for compensation.”

 

Section 24: Substitution of Section 44

 

  • The right to benefits lapses if an accident is not reported within three years of its occurrence.

 

Section 25: Amendment of Section 45

 

  • Subpoenas may be issued for persons with sufficient interest in formal hearings.
  • Records of formal hearings must be kept, and copies can be obtained upon payment of prescribed fees.

Section 26: Amendment of Section 46

 

  • Only legal practitioners as defined in the Legal Practice Act, 2014, may claim fees or remuneration for representation.
  • The Commissioner may order legal practitioners to submit statements of fees for taxation.

 

Section 27: Substitution of Heading to Chapter VI

 

  • The heading is changed to “Determination and calculation of compensation and assessment of disablement.”

 

Section 28: Amendment of Section 47

 

  • Employers who fail to pay compensation for the first three months are liable to penalties.

 

Section 29: Amendment of Section 48

 

  • Termination of Disablement Compensation:
    • Compensation ceases when an employee is declared medically fit to resume work or starts another job with the same or greater earnings.

 

Section 30: Amendment of Section 49

 

  • Review of Pension Claims:
    • The Commissioner may review pension claims or awards at any time to reassess permanent disablement.

 

  • Subsection Removed:
    • Subsection (4) is deleted.

 

Section 31: Insertion of Section 49A

 

  • Commencement of Monthly Pension:
    • Monthly pension payments begin from the date a medical practitioner certifies that the employee has reached maximum medical intervention.

 

Section 32: Amendment of Section 54

 

  • Compensation for Employee Death:
    • If an employee dies due to an occupational injury or disease, compensation is payable as specified in the Act.

 

Section 33: Amendment of Section 56

 

  • Engineers and Assistants:
    • Updates the definition of engineers and assistants in charge of machinery.

 

  • Application of Rules:
    • Sections 6, 7, 45, 46, and 93D apply to applications under this section.

 

  • Costs:
    • Costs in proceedings under this section are subject to the provisions of Section 46(7).

 

Section 34: Amendment of Section 57

 

  • Increase in Monthly Pensions:
    • The Minister may increase monthly pensions after consulting the Commissioner and the Board.
    • Notice of the increase must be published in the Gazette at least 30 days before implementation.

 

Section 35: Amendment of Section 59

 

  • Payment of Compensation:
    • Compensation may be paid to the Master of the High Court, a trustee, or another person as determined by the Commissioner.

 

Section 36: Substitution of Section 64

 

  • Prohibition on Employer Deductions:
    • Employers are prohibited from deducting or receiving any amount from employees to compensate themselves for liabilities under the Act.

 

  • Penalties:
    • Employers who violate this provision are liable to penalties as specified in subsection (2).

 

Section 37: Amendment of Section 65

 

  • Occupational Diseases:
    • Diseases listed in Schedule 3 must arise out of and during employment to qualify for compensation.
    • The Commissioner may approve medical costs for other diseases delaying recovery or prolonging disablement.
    • The commencement date of a disease is deemed to be the date of the first diagnosis or an earlier date if favorable to the employee.

 

Section 38: Substitution of Section 67

 

  • Calculation of Compensation for Diseases:
    • Compensation is calculated based on the employee’s earnings at the time of disease commencement or an earlier date if proven favorable to the employee.
    • If the employee is no longer employed, earnings are calculated based on what they would likely have earned if still employed.

 

Section 39: Amendment of Section 69

 

  • Amendment of Schedule 3:
    • The Minister may amend Schedule 3 (description of diseases and work) after consulting the Board and medical advisory panel chairpersons.
    • Notice of amendments must be published in the Gazette at least 60 days before implementation.

 

Section 40: Amendment of Section 70

 

  • Performance of Functions:
    • The Commissioner may remove a person from their role if they are unable to perform their functions satisfactorily.

 

Section 41: Insertion of Chapter VIIA

 

  • Rehabilitation and Reintegration:
    • The Compensation Fund, employer, or licensee must provide facilities, services, and benefits for rehabilitating employees with occupational injuries or diseases.

 

  • Rehabilitation Benefits:
    • Clinical rehabilitation: Physical and psychological recovery, assistive devices.
    • Vocational rehabilitation: Employment assistance, vocational independence.
    • Social rehabilitation: Restoring independence and social integration.

 

Section 42: Amendment of Section 72

 

  • Conveyance of Injured/Diseased Employees:
    • The Commissioner, employer, or licensee may pay reasonable costs for conveyance.
    • Employers failing to comply with conveyance requirements face penalties equal to the full cost of conveyance.

 

Section 43: Amendment of Section 73

 

  • Reopening Claims:
    • Medical practitioners may apply to reopen claims and request payment for further medical costs after a claim is finalized.

 

  • Third-Party Registration:
    • Third parties transacting with the Compensation Fund must register within six months of the Act’s commencement.
    • Third parties include entities assisting employees, employers, medical service providers, or pensioners with claims processing.

 

Section 44: Amendment of Section 74

 

  • Medical Reports:
    • Medical practitioners must provide employees or their dependents with copies of medical reports upon request.

 

Section 45: Amendment of Section 75

 

  • The Commissioner decides on the need, nature, and sufficiency of medical aid.

 

Section 46: Amendment of Section 76

 

  • Medical Aid Tariffs:
    • Tariffs for medical aid are determined after consultation with the Health Professions Council of South Africa and registered Medical Associations.

 

Section 47: Amendment of Section 78

 

  • Reimbursement to Employers:
    • The Commissioner may reimburse non-individually liable employers for costs incurred or reduce their assessments.

 

Section 48: Substitution of Section 79

 

  • Consultation with Medical Authorities:
    • The Commissioner may consult with the Health Professions Council of South Africa, registered Medical Associations, and other medical authorities regarding medical aid matters.

 

Section 49: Amendment of Section 80

 

  • Employer Registration:
    • Employers must register with the Compensation Fund and provide details of their business and employees.
    • Non-resident persons or legal entities must provide their head office address and chief officer’s name and address in the Republic.

 

Section 50: Substitution of Section 81

 

  • Record-Keeping:
    • Employers must keep records of employee earnings and other prescribed details for at least five years.
    • Failure to comply results in penalties of up to 10% of annual assessments.

 

Section 51: Amendment of Section 83

 

  • Adjustments to Assessments:
    • The Commissioner may adjust assessments if actual earnings differ from estimated earnings.
    • Penalties of 10% may be imposed for discrepancies.

 

Section 52: Amendment of Section 85

 

  • Rebates for Employers:
    • Employers with favorable accident records or those participating in rehabilitation programs may receive rebates on assessments.

 

Section 53: Substitution of Section 86

 

  • Payment of Assessments:
    • Employers must pay assessments to the Compensation Fund within 30 days of notice or in installments approved by the Commissioner.
    • Interest is payable on overdue assessments at a rate not exceeding the prescribed standard rate.

 

Section 54: Amendment of Section 87

 

  • Penalties for Non-Payment of Assessments:
    • Employers failing to pay assessments may face a penalty of 10% of actual or estimated earnings for the year or on the outstanding amount.
    • Employers failing to register employees or pay assessments may face penalties equal to the full amount of compensation payable for accidents.
    • The Commissioner may waive penalties in whole or in part if the failure was not willful or due to circumstances beyond the employer’s control.
    • Employers refusing or failing to pay assessments or penalties are liable to a penalty of 10% of actual or estimated earnings for the year.
    • The Commissioner may handle employer non-compliance under Sections 93F and 93G.

 

Section 55: Amendment of Section 88

 

  • Contributions by Employers and Licensees:
    • Employers individually liable and licensees must pay annual contributions to the Compensation Fund for administrative expenses and losses incurred by the Fund.

Section 56: Substitution of Section 89

 

  • Contractors and Sub-Contractors:
    • Sub-contractors must register as employers and pay assessments for their employees.
    • If a sub-contractor fails to register or pay assessments, their employees are deemed employees of the contractor, who must pay the assessments.
    • Contractors who pay assessments or compensation for sub-contractors may recover those amounts from the sub-contractor.
    • The Commissioner may recover compensation from either the contractor or sub-contractor, and any shortfall can be recovered from the other party.
    • Contractors are not liable for accidents occurring outside their premises or areas under their control.

 

Section 57: Amendment of Section 90

 

  • Variation of Decisions:
    • The Commissioner may vary decisions related to claims or awards for compensation either on their own accord or upon application by the affected party.
    • Notice must be given to the affected party, and they must be allowed to submit representations.

 

Section 58: Amendment of Section 91

 

  • Objections and Appeals:
    • The period for lodging objections against the Commissioner’s decisions is extended to 12 months (previously 180 days).
    • Objections are heard by a presiding officer and three assessors (one representing employees, one representing employers, and one medical assessor).
    • At least two assessors must agree with the presiding officer’s decision.
    • The Commissioner may extend the objection period by six months if good cause is shown.

 

Section 59: Insertion of Chapter XA

 

  • Inspection, Compliance, and Enforcement:

 

    • Appointment of Inspectors:
      • The Commissioner may appoint inspectors to monitor and enforce compliance with the Act.
      • Inspectors are provided with certificates detailing their authority and functions.

 

    • Functions of Inspectors:
      • Promote compliance, conduct inspections, investigate complaints, issue compliance orders, and perform other related functions.

 

    • Powers of Entry:
      • Inspectors may enter premises with consent or written authorization from the Labour Court.
      • Employers and trade union representatives must be notified of inspections when practical.

 

    • Powers to Question and Inspect:
      • Inspectors may question individuals, inspect records, copy or remove documents, inspect workplaces, and perform other necessary functions.

 

    • Cooperation with Inspectors:
      • Employers and employees must cooperate with inspectors and answer questions truthfully.

  

    • Compliance Orders:
      • Inspectors may issue compliance orders to employers who fail to comply with the Act.
      • Compliance orders may be converted into court orders by the Labour Court if employers fail to comply.

 

Section 60: Amendment of Section 97

 

  • Additional Regulations:
    • The Minister may make regulations regarding:
      • Rehabilitation, reintegration, and return to work.
      • Inspection, compliance, and enforcement.
      • Determination and calculation of permanent disablement.
      • Appointment of assessors, presiding officers, and interpreters.

Section 61: Substitution of Section 99

 

  • Penalties:
    • Any person failing to comply with Sections 39, 40, 47, 64, 68, 81, 82, and 83 is liable to penalties as specified in those sections.

 

Section 62: Substitution of Certain Expressions

 

  • Terminology Updates:
    • “Airman” replaced with “air personnel.”
    • “Commissioner” replaces “commissioner.”
    • “Compensation Fund” replaces “compensation fund.”
    • “Commissioner” replaces “Director-General,” except in specific sections (1, 18, 30, 50, 55, and 69).
    • “Labour Court” replaces “provisional or local division of the Supreme Court.”
    • “Labour Appeal Court” replaces “Appellate Division of the Supreme Court.”

 

Section 63: Transitional Arrangements

 

  • Domestic Employees:
    • Domestic employees and employers must report or submit claims within three years of the Act’s commencement for accidents occurring before the Act’s implementation.
  • Existing Licenses:
    • Licenses issued to Mutual Associations under the previous Act remain valid until new agreements are established.

 

Section 64: Short Title and Commencement

 

  • Title:
    • The Act is called the Compensation for Occupational Injuries and Diseases Amendment Act, 2022.

 

  • Commencement:
    • The Act takes effect on a date fixed by the President through proclamation in the Gazette.
    • Different provisions may commence on different dates.

 

This completes the summary of all amended sections in the document.

 

Impact on Organizations

The amendments significantly impact organizations in the following ways:

 

1.     Expanded Coverage:

    • The definition of “employee” now includes domestic workers, temporary workers, and other categories previously excluded.
    • Organizations employing these workers must ensure compliance with the Act, including registration and reporting requirements.

 

2.     Rehabilitation and Reintegration:

    • Employers are required to provide rehabilitation services to injured employees, including clinical, vocational, and social support.
    • This may require partnerships with healthcare providers and additional resources for employee support.

 

3.     Compliance and Enforcement:

    • Inspectors are empowered to monitor and enforce compliance, issue compliance orders, and impose penalties for non-compliance.
    • Organizations must ensure proper record-keeping, reporting, and adherence to the Act to avoid penalties.

 

4.     Administrative Penalties:

    • Non-compliance with reporting, record-keeping, or registration requirements can result in penalties, including fines of up to 10% of annual earnings or assessments.

 

 

FULL TEXT

 

 

DETAILS

 

 

CLICK HERE TO VIEW THE FULL GAZETTE

 

HEALTH AND SAFETY: COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES AMENDMENT ACT: COMMENCEMENT

G 53990 P 306 23 JANUARY 2026 

 

 

LINK TO FULL NOTICE

 

Compensation for Occupational Injuries and Diseases Amendment Act: Commencement (English / Afrikaans)

G 53990 P 306

23 January 2026

 

53990proc306.pdf

 

Related links

Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022

 

Full text

 

48431-17-4-compensationoccupinjuriesdiseasesamendact10of2022a.pdf651.31 KB

10 of 2022

 

The Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 intends:

 

    • to amend, substitute, insert, delete and repeal certain definitions and sections;
    • to provide for matters pertaining to the Board and its members;
    • to provide for the Commissioner to perform certain functions that were previously performed by the Director-General;
    • to further provide for matters pertaining to the rehabilitation, re-integration and return to work of occupationally injured and diseased employees;
    • to regulate the use of health care services;
    • to provide for the Commissioner to review pension claims or awards;
    • to provide for administrative penalties;
    • to regulate compliance and enforcement and

 

  • to provide for matters connected therewith.

 

Commencement

 

    • 1 February 2026: Sections 3 to 6
    • 1 April 2026: Sections 19(a) and (b), 20(c), 28(c), 36(1), 50(3), 52, 54(1) and (2)
    • commencement to be announced: Section 1(g) and (h) in so far as it relates to subparagraphs (i), (ii) and (iii) of the definition of ’employee’

 

1 February 2026: Sections 3 to 6

 

1.     Section 3: Amendment of Section 11 of Act 130 of 1993

    • The Board is appointed by the Minister and consists of:
      • An independent chairperson (non-voting).
      • 16 voting members:
        • 5 members and 2 alternate members nominated by NEDLAC to represent organized labor.
        • 5 members and 2 alternate members nominated by NEDLAC to represent business.
        • 5 members and 2 alternate members appointed by the Minister to represent state interests.
        • The Commissioner as an ex-officio member.

 

    • If a member vacates office before their term ends, the Minister must appoint another member to fill the vacancy for the remainder of the term.
    • The Minister may appoint additional Board members with relevant qualifications, skills, and expertise for efficient governance of the Fund.

 

2.     Section 4: Amendment of Section 12 of Act 130 of 1993

    • The Board may advise the Commissioner on the performance of any aspect of their functions under the Act.
    • The Board must prepare and adopt a Board Charter within three months of the appointment of its members.

 

3.     Section 5: Substitution of Section 13 of Act 130 of 1993

    • Members of the Board appointed by the Minister:
      • Serve for a term not exceeding four years.
      • Cannot serve more than two terms.

 

    • Vacancies must be filled by the Minister for the unexpired portion of the term.
    • Members are entitled to prescribed remuneration and allowances from the Compensation Fund.

 

4.     Section 6: Insertion of Sections 13A, 13B, and 13C in Act 130 of 1993

    • Section 13A: The Commissioner must provide resources and a secretariat to enable the Board to fulfill its functions.
    • Section 13B: Disqualifications for Board members include insolvency, mental illness, dishonesty-related convictions, removal from office for misconduct, or conflicts of interest.
    • Section 13C: Board members may resign with one month’s notice or less with Ministerial approval. The Minister may remove members for serious misconduct, incapacity, absence from three consecutive meetings without cause, or activities undermining the Board’s functions. The procedure for removal will be prescribed by the Minister.

 

1 April 2026: Sections 19(a) and (b), 20(c), 28(c), 36(1), 50(3), 52, 54(1) and (2)

 

1.     Section 19(a) and (b): Amendment of Section 39 of Act 130 of 1993

    • Employers who fail to comply with subsection (1) are liable to a penalty of 10% of the actual or estimated annual earnings for that year.
    • Employers who fail to report an accident within seven days may face a penalty equal to the full amount of compensation payable plus interest from the date of the accident.

 

2.     Section 20(c): Amendment of Section 40 of Act 130 of 1993

    • The Commissioner must investigate accidents to determine liability under the Act.
    • Employers who fail to comply with the provisions of this section are liable to a penalty of 10% plus interest on actual earnings declared to the Compensation Fund.

 

3.     Section 28(c): Amendment of Section 47 of Act 130 of 1993

    • Employers who fail to comply with the requirement to pay compensation for the first three months are liable to a penalty equal to double the full amount of three months’ compensation payable plus interest.

 

4.     Section 36(1): Amendment of Section 64 of Act 130 of 1993

    • Employers are prohibited from deducting or receiving any amount from employees to compensate themselves for liabilities under the Act.
    • Employers who violate this provision are liable to penalties as specified in subsection (2).

 

5.     Section 50(3): Substitution of Section 81 of Act 130 of 1993

    • Employers must keep a register or record of employees’ earnings and other prescribed particulars for at least five years after the last entry.
    • Failure to comply results in a penalty not exceeding 10% of actual or estimated annual assessments for the period of non-compliance.

 

6.     Section 52: Amendment of Section 85 of Act 130 of 1993

    • The Commissioner may grant a rebate on assessments paid or payable by employers with favorable accident records or those participating in employee rehabilitation programs.

 

7.     Section 54(1) and (2): Amendment of Section 87 of Act 130 of 1993

    • Employers who fail to pay assessments may face a penalty of 10% of actual or estimated earnings for that year.
    • Employers who fail to comply with Section 80(1) and have employees involved in accidents may face a penalty equal to the full amount of compensation payable for the accident.

 

Commencement to be announced: Section 1(g) and (h) in relation to subparagraphs (i), (ii), and (iii) of the definition of ’employee’

 

  1. Section 1(g) and (h): Amendment of Section 1 of Act 130 of 1993

 

    • The definition of “employee” excludes:
      • (i) Persons performing military service or training under the Defence Act, 2002, who are not members of the Permanent Force of the South African Defence Force.
      • (ii) Members of the Permanent Force of the South African Defence Force.
      • (iii) Members of the South African Police Force employed under the South African Police Service Act, 1995, while on service in defense of the Republic.

 

These provisions will come into effect on dates announced by the President in the Government Gazette.

 

 

ACTION

 

Compliance Framework and Management Plan

Below is a detailed action plan for each amended section, incorporating the effective date.

 

Detailed Action Plan for Each Amended Section

 

1. Definitions (Section 1)

 

Effective Date: 21 January 2026

 

Action Plan:

  • Review and Update Policies: Update internal policies and contracts to reflect the new definitions, especially for “accident,” “employee,” and “earnings.”
  • Training: Conduct training sessions for HR and legal teams to ensure understanding of the new definitions and their implications.
  • Audit: Conduct an audit of existing contracts and agreements to ensure compliance with the updated definitions.

 

2. Board and Governance (Sections 11-13C)- applies to Regulator’s Board

 

Effective Date: 21 January 2026

 

Action Plan:

  • Monitor Board Appointments: Ensure compliance with the new requirements for Board composition and qualifications.
  • Prepare Board Charter: Assist in drafting and adopting the Board Charter within the prescribed three-month period after the effective date.
  • Compliance Checks: Verify that appointed Board members meet the disqualification criteria.

 

3. Rehabilitation and Reintegration (Chapter VIIA, Section 70A)

 

Effective Date: 21 January 2026

Action Plan:

  • Develop Rehabilitation Programs: Collaborate with HR and medical teams to create rehabilitation programs for injured employees.
  • Budget Allocation: Allocate resources for clinical, vocational, and social rehabilitation services.
  • Monitor Compliance: Ensure that rehabilitation services are provided as required by the Act.

 

4. Compliance and Enforcement (Chapter XA, Sections 93A-93G)

 

Effective Date: 21 January 2026

Action Plan:

  • Prepare for Inspections: Ensure all records and documents are up-to-date and accessible for inspection.
  • Train Staff: Educate employees and management on their rights and obligations during inspections.
  • Cooperate with Inspectors: Develop protocols for cooperating with inspectors, including providing access to premises and records.

 

5. Administrative Penalties (Sections 39, 64, 81, 83, 86, 87, 99)

 

Effective Date: 21 January 2026

 

Action Plan:

  • Compliance Monitoring: Implement systems to monitor compliance with reporting, record-keeping, and payment obligations.
  • Penalty Management: Establish procedures to address non-compliance promptly to avoid penalties.

 

  • Legal Review: Conduct a legal review to identify potential risks and ensure compliance with all provisions.

 

6. Changes to Claims and Compensation (Sections 44, 49, 49A, 54)

 

Effective Date: 21 January 2026

 

Action Plan:

  • Update Claims Procedures: Revise internal processes to accommodate the extended prescription period for claims.
  • Monitor Pension Claims: Ensure pension claims are reviewed and reassessed as required.
  • Employee Communication: Inform employees about the changes to the prescription period and pension commencement.

 

7. Domestic Employees (Section 63)

 

Effective Date: 21 January 2026

 

Action Plan:

  • Identify Domestic Employees: Review employment records to identify domestic employees and ensure their inclusion under the Act.
  • Submit Claims: Submit claims for accidents that occurred before the commencement of the amendments within the three-year transitional period.
  • Educate Employers: Provide guidance to employers of domestic workers on their new obligations.

 

8. Third-Party Registration (Section 73)

 

Effective Date: 21 January 2026

 

Action Plan:

  • Register Third Parties: Ensure all third parties transacting with the Compensation Fund are registered within six months of the Act’s commencement.
  • Audit Third-Party Relationships: Review existing third-party relationships to ensure compliance.

 

9. Other Amendments

 

Effective Date: 21 January 2026

 

Action Plan:

  • Legal Review: Update all references to “Director-General” and “Supreme Court” in internal documents to reflect the new terminology.
  • Monitor Medical Aid Tariffs: Ensure compliance with updated medical aid provisions and tariffs.
  • Review Compensation Calculations: Verify that compensation calculations align with the amended provisions.

 

General Recommendations

 

  1. Compliance Framework: Develop a comprehensive compliance framework to address all amended sections of the Act, ensuring readiness by 21 January 2026.
  2. Regular Audits: Conduct regular audits to ensure ongoing compliance with the Act.
  3. Stakeholder Engagement: Engage with relevant stakeholders, including employees, third parties, and inspectors, to ensure smooth implementation of the amendments.
  4. Legal Updates: Stay informed about any further proclamations or updates related to the Act.

 

By following this detailed action plan, legal and compliance teams can ensure that their organization is fully prepared to comply with the amended Act and mitigate potential risks.

 

Key Components of the Framework

  1. Governance: Establish a compliance committee and appoint a compliance officer.
  2. Policies and Procedures: Update all relevant documents to reflect the amendments.
  3. Training and Awareness: Educate stakeholders on the new provisions and their implications.
  4. Monitoring and Reporting: Implement systems to track compliance and report to the Compensation Fund.
  5. Rehabilitation and Reintegration: Develop programs to support injured employees.
  6. Inspector Cooperation: Prepare for inspections and ensure compliance with enforcement provisions.
  7. Legal Review: Conduct regular audits and stay updated on legal changes.

 

By implementing this comprehensive compliance framework, legal and compliance teams can ensure their organization is fully prepared for the effective date of the amendments and maintain compliance with the updated Act.

 

END

 

 

LABOUR

 

 

LAW AND TYPE OF NOTICE

 

BASIC CONDITIONS OF EMPLOYMENT ACT:

 

Intention to deem performers in performance of Advertising, Artistic, and Cultural Activities in South Africa as employees: Comments invited

 

G 53987 RG 11930 GoN 7020

 

– Comment by 22 Feb 2026

 

23 January 2026

 

 

APPLIES TO: 

 

1. Advertising Industry Organisations

2. Arts, Entertainment, and Cultural Sector Organisations

3. Media and Creative Production Companies

4. Cultural and Performing Arts Organisations

5. Event Production, Live Entertainment & Festival Organisers

6. Any Organisation Using Performers in Advertising or Cultural Work

 

SUMMARY

 

If implemented, performers would gain access to key protections under several labour laws, including:

  • Basic Conditions of Employment Act (working hours, overtime, leave, written particulars, termination rules, severance pay)
  • National Minimum Wage Act (minimum pay entitlements)
  • Compensation for Occupational Injuries and Diseases Act (workplace injury protection)
  • Labour Relations Act (particularly fixed‑term contract rules)

 

The change seeks to provide decent work, regulatory consistency, and social protection within the creative economy.

 

 

FULL TEXT

 

 

DETAILS

 

DEPARTMENT OF EMPLOYMENT AND LABOUR

 

NO. R. 7020 23 January 2026

 

BASIC CONDITIONS OF EMPLOYMENT ACT NO 75, 1997 INTENTION TO DEEM PERFORMERS IN THE PERFORMANCE OF ADVERTISING, ARTISTIC, AND CULTURAL ACTIVITIES IN SOUTH AFRICA AS EMPLOYEES

 

I, Nomakhosazana Meth, Minister of Employment and Labour, hereby in terms of section 83(2)(a) and (b) of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997), and having considered the representations received following Government Notice No. 42900 of 4 December 2019, hereby give notice of my intention to deem all performers in the performance of advertising, artistic and cultural activities

 

CLICK HERE TO VIEW THE FULL GAZETTE:

 

LABOUR: BASIC CONDITIONS OF EMPLOYMENT ACT: INTENTION TO DEEM PERFORMERS IN PERFORMANCE OF ADVERTISING, ARTISTIC, AND CULTURAL ACTIVITIES IN SOUTH AFRICA AS EMPLOYEES: COMMENTS INVITED

G 53987 RG 11930 GON 7020 – COMMENT BY 22 FEB 2026 23 JANUARY 2026 

 

 

LINK TO FULL NOTICE

 

Basic Conditions of Employment Act: Intention to deem performers in performance of Advertising, Artistic, and Cultural Activities in South Africa as employees: Comments invited

G 53987 RG 11930 GoN 7020

– Comment by 22 Feb 2026

23 January 2026

 

53987rg11930gon7020.pdf

 

 

ACTION

 

Ensure that you submit your comments before 22 February 2026.

 

END

 

LAW AND TYPE OF NOTICE

 

LABOUR RELATIONS ACT:

 

Bargaining Council

 

 

LINK TO FULL NOTICE

 

Labour Relations Act: Bargaining Council for the Civil Engineering Industry (BCCEI): Extension of conditions of Employment Collective Agreement to Non-Parties

G 53984 RG 11929 GoN 7012

23 January 2026

 

53984rg11929gon7012.pdf

 

Labour Relations Act: National Bargaining Council of the Leather Industry of South Africa: Extension to Non- Parties of the Agency Shop Amending Collective Agreement for Employees

G 53984 RG 11929 GoN 7014

23 January 2026

 

53984rg11929gon7014.pdf

 

Labour Relations Act: Motor Industry Bargaining Council: Extension to non-parties of Autoworkers Provident Fund Collective Agreement

G 53984 RG 11929 GoN 7016

23 January 2026

 

53984rg11929gon7016.pdf

 

Labour Relations Act: Essential Services Committee: Investigation as to whether following services are essential: Maintenance of critical telecommunication infrastructure; Services by pilots, cabin crew, ground logistical staff and boarding gate agents

G 53986 GeN 3735

23 January 2026

 

53984rg11929gon7011.pdf

 

Labour Relations Act: Bargaining Council for the Civil Engineering Industry (BCCEI): Conditions of Employment Collective Agreeement: Cancellation

G 53984 RG 11929 GoN 7011

23 January 2026

 

53984rg11929gon7011.pdf

 

Labour Relations Act: Bargaining Council for the Civil Engineering Industry (BCCEI): Wage and Task Grade Collective Agreement: Cancellation

G 53984 RG 11929 GoN 7013

23 January 2026

 

53984rg11929gon7013.pdf

 

Labour Relations Act: Motor Industry Bargaining Council: Extension to Non-Parties of the Motor Industry Provident Fund Collective Agreement

G 53984 RG 11929 GoN 7015

23 January 2026

 

53984rg11929gon7015.pdf

 

Labour Relations Act: Registration of employers’ organisation: The Cleaning Association of South Africa (CASA)

G 53984 RG 11929 GoN 7017

23 January 2026

 

53984gon7017rg11929.pdf

 

END

 

MEDICAL

 

 

LAW AND TYPE OF NOTICE

 

MEDICAL SCHEMES ACT:

 

Adjustment to fees payable to brokers

 

G 54019 GoN

 

27 January 2026

 

 

APPLIES TO: 

 

1. All Registered Medical Schemes in South Africa

2. Healthcare Brokers and Broker Organisations

3. Administrators Acting on Behalf of Medical Schemes

4. Employer Groups that Use Brokers for Medical Scheme Benefits

5. The Council for Medical Schemes (CMS)

 

FULL TEXT

 

 

DETAILS

 

 

LINK TO FULL NOTICE

 

Medical Schemes Act: Adjustment to fees payable to brokers

G 54019 GoN

27 January 2026

 

54019gon7028.pdf

 

 

ACTION

 

Take note

 

END

 

PUBLIC PROCUREMENT

 

 

LAW AND TYPE OF NOTICE

 

PUBLIC PROCUREMENT AMENDMENT BILL:

 

Explanatory summary: Comments invited

 

G 53956 GeN 3726

 

– Comment by 15 Feb 2026

 

16 January 2026

 

 

APPLIES TO: 

 

Wide interest

 

EXPLAINED AND UNPACKED

 

Detailed Summary and Related Action Points

 

1. Introduction

 

  • Summary: The Bill aims to amend the Public Procurement Act, 2024, to institutionalize whistleblower incentives and private prosecutions to combat corruption in public procurement.  It addresses systemic corruption, the lack of whistleblower protection, and the National Prosecuting Authority’s (NPA) inefficiencies in prosecuting corruption cases.

 

  • Action Points:
    • Highlight the importance of whistleblower protection and incentivization.
    • Address systemic corruption in public procurement.
    • Implement private prosecution mechanisms to counter NPA inefficiencies.

 

2. Objectives of the Bill

 

  • Summary: The Bill seeks to:
    • Enable whistleblower disclosures for infringements or offences under the principal Act.
    • Provide monetary rewards for whistleblowers whose disclosures lead to the recovery of funds by the State.
    • Define offences related to whistleblower disclosures and increase penalties for certain offences.
    • Allow private prosecutions for offences under the principal Act.
    • Establish regulations for whistleblower disclosures and rewards.

 

  • Action Points:
    • Develop a framework for whistleblower disclosures and rewards.
    • Strengthen penalties for offences related to whistleblower disclosures.
    • Facilitate private prosecutions for corruption cases.

 

3. Contents of the Bill

 

Clause 1: Amendment of Section 1

 

  • Summary: Adds definitions for terms such as “law enforcement body,” “Prevention of Organised Crime Act,” “Protected Disclosures Act,” and “whistleblower disclosure.”

 

  • Action Points:
    • Ensure clarity and consistency in the definitions to avoid legal ambiguities.
    • Incorporate these definitions into the principal Act.

 

Clause 2: Amendment of Section 14

 

  • Summary: Updates references to the Protected Disclosures Act and ensures whistleblowers are protected from occupational detriment due to their disclosures.

 

  • Action Points:
    • Ensure compliance with the Protected Disclosures Act.
    • Implement measures to protect whistleblowers from workplace retaliation.

 

Clause 3: Insertion of Sections 14A and 14B

 

  • Summary:
    • Section 14A: Establishes the process for whistleblower disclosures, including provisions for anonymity, confidentiality, and protection from intimidation or coercion. It also outlines penalties for false disclosures and exemptions from legal consequences for whistleblowers acting in good faith.
    • Section 14B: Introduces monetary rewards for whistleblowers whose disclosures lead to the recovery of funds by the State. Rewards range from 15%-25% for criminal or civil recoveries and 20%-33% for private prosecutions. Courts will determine reward amounts based on the significance of the information provided.

 

  • Action Points:
    • Develop prescribed procedures for whistleblower disclosures and investigations.
    • Ensure mechanisms for anonymous disclosures and confidentiality.
    • Establish a system for calculating and distributing monetary rewards.
    • Create regulations for the payment process of rewards.

 

Clause 4: Amendment of Section 60

 

  • Summary: Introduces penalties for offences related to whistleblower disclosures, including intimidation, coercion, or false disclosures.  Increases the maximum penalty for certain offences from 10 years to 20 years imprisonment.

 

  • Action Points:
    • Enforce stricter penalties for offences related to whistleblower disclosures.
    • Educate stakeholders on the consequences of violating whistleblower protections.

 

Clause 5: Insertion of Section 60A

 

  • Summary: Allows private prosecutions for offences under the principal Act if the NPA declines or fails to prosecute within 30 days of receiving notice.  The Director of Public Prosecutions is barred from prosecuting the same offence unless permitted by the court.

 

  • Action Points:
    • Establish clear guidelines for private prosecution procedures.
    • Ensure coordination between private prosecutors and the judiciary.

 

Clause 6: Amendment of Section 63

 

  • Summary: Empowers the Minister of Finance to create regulations for whistleblower disclosures and the payment of monetary rewards.

 

  • Action Points:
    • Draft and implement regulations for whistleblower disclosures and reward payments.
    • Ensure transparency and accountability in the reward payment process.

 

Clause 7: Amendment of Arrangement of Sections

 

  • Summary: Updates the arrangement of sections in the principal Act to include new sections on whistleblower disclosures, rewards, and private prosecutions.

 

  • Action Points:
    • Update the principal Act to reflect the new sections.

 

Clause 8: Short Title and Commencement ​

 

  • Summary: The Act will be called the Public Procurement Amendment Act, 2026, and will come into effect on a date determined by the President.

 

  • Action Points:
    • Ensure timely proclamation of the Act by the President.
    • Prepare for implementation upon commencement.

 

4. Departments and Bodies Consulted

 

  • Summary: The Public Affairs Research Institute was consulted during the drafting of the Bill.

 

  • Action Points:
    • Engage with other relevant stakeholders to ensure comprehensive input and support.

 

5. Financial Implications for the State

 

  • Summary: The Bill has no financial implications for the State.

 

  • Action Points:
    • Monitor implementation costs to ensure no unforeseen financial burdens arise.

 

6. Parliamentary Procedure

 

  • Summary: The Bill will follow the procedure outlined in Section 76 of the Constitution, as it pertains to procurement legislation.  It does not require referral to the National House of Traditional and Khoi-San Leaders.

 

  • Action Points:
    • Ensure compliance with Section 76 of the Constitution during the legislative process.
    • Confirm no provisions directly affect traditional or Khoi-San communities.

 

Key Takeaways

 

The Public Procurement Amendment Bill, 2026, aims to strengthen anti-corruption measures in South Africa’s public procurement sector by incentivizing whistleblowers, protecting their rights, and enabling private prosecutions.  It also introduces stricter penalties for offences and provides a framework for monetary rewards tied to the recovery of state funds. The Bill seeks to address systemic corruption and empower individuals to report wrongdoing while ensuring their safety and recognition.

 

 

FULL TEXT

 

 

DETAILS

 

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

 

NOTICE 3726 OF 2026

 

MS M.P. KOBE, MP

 

NOTICE OF INTENTION TO INTRODUCE A PRIVATE MEMBER’S BILL AND INVITATION FOR COMMENT ON THE DRAFT PUBLIC PROCUREMENT AMENDMENT BILL, 2026

 

MS M.P. Kobe, MP, acting in accordance with section 73(2) of the Constitution of the Republic of South Africa, 1996 (“Constitution”), intends to introduce the Public Procurement Amendment Bill, 2026 (“draft Bill”), in Parliament. An explanatory summary of the draft Bill is hereby published in accordance with Rule 276(1)(c) of the Rules of the National Assembly (9th Edition).

 

South Africa’s experience with state capture, entrenched corruption networks, and the indispensable role played by whistleblowers during Judicial Commission of Inquiry into State Capture (“Zondo Commission”), highlights the urgent need to institutionalise whistleblower incentives in a sustainable, fair and appropriately scaled manner. Of particular concern and focus is the public procurement sector, which is estimated to account for over R800 billion in annual expenditure country wide.

 

Despite the vital contribution of whistleblowers in uncovering wrongdoing during the Zondo Commission, key recommendations relating to incentivising whistleblowers remain unimplemented. While sector-specific legislation such as the Marine Living Resources Act, 1998 (Act No. 18 of 1998), the National Forests Act, 1998 (Act No. 84 of 1998), and the National Environmental Management Act, 1998 (Act No. 107 of 1998), provide for financial rewards under limited conditions, these frameworks are narrow in scope and underutilised and do not offer a coherent systemic framework.

 

Of further concern is the National Prosecuting Authority’s (“NPA”) seeming repeated inability to effectively prosecute corruption and secure financial recoveries for the State. This systemic failure highlights the need to provide for private prosecutions whenever the NPA refuses or neglects to act.

 

There appears to be institutional hesitancy to effectively empower whistleblowers and to implement meaningful reward schemes capable of disrupting entrenched corruption networks. This may be attributed to capacity constraints, political sensitivity, and fear of unsettling entrenched patronage networks. Yet, research shows that whistleblower incentivisation coupled with private prosecution are highly effective anti-corruption tools, particularly in sectors marked by systemic corruption such as public procurement. For example, in the United States of America, the False Claims Act, 1863 (as (R52.2 billion) in 2024 alone. Similar models are now in place in the United Kingdom and several European jurisdictions.

 

In the Republic of South Africa, whistleblowers routinely face threats to their safety, livelihoods, and social standing. In tragic instances, such as the assassination of Babita Deokaran and Marius van der Merwe, the personal risks have proven fatal. It is unjust and unsustainable to expect whistleblowers to bear such burdens without meaningful support or recognition.

 

The draft Bill seeks to amend the Public Procurement Act, 2024 (Act No. 28 of 2024) (“principal Act”), by making provision for whistleblower disclosures in respect of any infringement or offence contemplated in the principal Act. The draft Bill further provides for monetary rewards to be awarded to persons whose whistleblower disclosures lead to the recovery of funds by the State. In addition, the draft Bill makes provision for offences in respect of whistleblower disclosures and the institution of private prosecutions for any offence committed in terms of the principal Act.

 

Interested parties and institutions are invited to submit written representations on the proposed content of the draft Bill to the Speaker of the National Assembly within 30 days of the publication of this notice. Representations can be delivered to the Speaker, New Assembly Building, Parliament Street, Cape Town; mailed to the Speaker, P O Box 15 Cape Town 8000, or emailed to speaker@parliament.gov.za and copied to parliament@actionsa.org.za.

 

Copies of the draft Bill may be accessed at this link: https://www.actionsa.org.za/bills

 

FOR MORE INFORMATION, CLICK HERE:

 

PUBLIC SECTOR: PUBLIC PROCUREMENT AMENDMENT BILL: EXPLANATORY SUMMARY: COMMENTS INVITED

G 53956 GEN 3726 – COMMENT BY 15 FEB 2026 16 JANUARY 2026 

 

 

LINK TO FULL NOTICE

 

Public Procurement Amendment Bill: Explanatory summary: Comments invited

 

G 53956 GeN 3726

– Comment by 15 Feb 2026

16 January 2026

 

53956gen3726.pdf

 

 

ACTION

 

Ensure that you submit your comments before 15 February 2026

 

END

STANDARDS

 

 

 

LAW AND TYPE OF NOTICE

 

STANDARDS ACT:

 

Standards matters: Comments invited

 

G 53991 GeN 3738

 

– Comment by 24 Mar 2026

 

23 January 2026

 

 

LINK TO FULL NOTICE

 

Standards Act: Standards matters: Comments invited

G 53991 GeN 3738

– Comment by 24 Mar 2026

23 January 2026

 

53991gen3738.pdf

 

 

ACTION

 

Ensure that you submit your comments.

 

END

 

TRANSPORTATION

 

 

 

LAW AND TYPE OF NOTICE

 

ROAD CARRIER PERMITS

 

 

LINK TO FULL NOTICE

 

TRANSPORTATION: ROAD CARRIER PERMITS

 

END

 

ADVERTISING ARTICLES

 

 

 

SOUTH AFRICA

 

MTN’S Router Claims Deemed Misleading

 

The Advertising Appeals Committee has dismissed an appeal by MTN South Africa, confirming that its Shesh@600 product, which claims to offer a “free-to-use” router, was not always “free”, thus this statement was misleading

 

THE Advertising Appeals Committee has dismissed an appeal by MTN South Africa, confirming that its Shesh@600 product, which claims to offer a “free to-use” router, was not always “free”, thus this statement was misleading.

 

MTN was ordered last year to either remove or amend its “free-to-use” router advertising.

 

This followed a complaint by a consumer that he was charged an “activation fee” of R553 before MTN could activate the router for use.

 

MTN subsequently appealed against the Advertising Regulatory Board (ARB) Directorate’s ruling, which upheld the consumer’s complaint by finding that the “free-to-use” router claim in MTN’s Shesh@600 home internet advertising was misleading.

 

The advertising in issue is a campaign promoting MTN’s Shesh@600 5G/LTE Home Internet package, offering uncapped data with tiered speeds for a monthly subscription of R399. The offer appeared in a My Broadband advertorial.

 

MTN accepted that an upfront payment is required, but explained that this related to pro-rata subscription and a possible SIM activation fee, rather than a charge for the router itself. It referred to its applicable terms and conditions, which state that “MTN reserves the right to charge a SIM activation fee”.

 

MTN stated that customers were not required to make any further payment to obtain the “free” router and that any sales representative who had suggested otherwise was mistaken.

 

The ARB, however, earlier found that the advertising omitted material information about an additional, mandatory cost, and that the “free-to-use” claim, as presented, contravened its advertising code.

 

MTN on appeal said that the Directorate conflated the complainant’s misunderstanding about an upfront payment with an actual charge for the “free-to-use” router.

 

It submits that, properly understood, no fee of R553 was charged in relation to the router or its activation and that the Directorate’s finding of a “mandatory additional cost” is, therefore, incorrect.

 

However, in its written submissions, MTN indicated that the “SIM activation fee” is a discretionary charge provided for in its terms and conditions, and which is typically charged when a consumer opts to sign up for packages in-store.

 

MTN pointed out that both the general terms and conditions and the MyMTN Home Internet terms reserve the right to charge a SIM activation fee.

 

It also submitted that the SIM activation fee does not form part of the price of the router. In its view, the fee is not “in relation to the product or offer specifically” but is rather an administration charge of the dealer for handling the activation, which may or may not be levied at the dealer’s discretion.

 

Chairperson of the Advertising Appeal Committee, Advocate Nasreen Rajab-Budlender, in her findings earlier this month, said they accept MTN’s evidence that the consumer in this case was not charged a SIM activation fee and that the “free-to-use” router appeared on his invoices with a zero charge.

 

She conceded that the Directorate’s earlier assumption that the complainant was charged an upfront activation fee in respect of the router is incorrect.

 

However, the difficulty does not lie in an actual fee charged to this particular complainant, but in the structure of the offer and the way in which the “free-to-use” claim operates across the campaign, Rajab-Budlender said.

 

She explained that the existence of a SIM activation fee that may be charged to some consumers taking up the Shesh@600 offer, without a clear and prominent qualification in the advertising, means that the router cannot be described as “free-to-use”.

 

In turning down the appeal, she concluded that the advertising is likely to mislead consumers.

 

Zelda Venter

The Star Early Edition

 

B-BBEE ARTICLES

 

 

 

SOUTH AFRICA

 

State dangles carrot in form of BEE points

 

Incentive offered for companies contributing 3% of their net profit after tax

 

The government is preparing to launch a revamped Transformation Fund as early as next week, rewriting incentives that have shaped corporate behaviour for more than two decades.

 

A trade, industry & competition ministerial briefing pack, seen by Business Day, shows that companies will be able to earn 30 broad-based BEE points by contributing 3% of net profit after tax to the fund — double the points currently available for the same outlay under traditional enterprise supplier development routes.

 

The 30-point reward is large enough for many companies to move up several levels on the broad-based BEE scorecard.

 

For companies in the midrange, a single contribution could lift them into level three or higher, improving access to government and corporate procurement without changes to ownership or management.

 

Early unsigned or conditional commitments listed in the briefing pack totalled R13.1bn, led by R10.8bn from Afreximbank and smaller entries of R500m each from the Unemployment Insurance Fund, Industrial Development Corporation and Development Bank of Southern Africa, while Vodacom-Masiv will pump in about R400m. These sums are not far from the fund’s annual mobilisation target of R20bn.

 

Special purpose vehicle

 

The fund will be capitalised through the aggregation of resources anchored in broad-based BEE policy pro­visions, complemented by contributions from mechanisms such as Competition Commission public interest commitments and other strategic funding partners, the document reads.

 

The fund will be in a special purpose vehicle incubated by the National Empowerment Fund, targeting a small set of priority sectors — renewable energy, manufacturing, agroprocessing, logistics and digital infrastructure — chosen for their ability to deliver jobs and industrial impact.

 

The fund will offer grants, loans, equity and business development support.

 

The document also shows the fund will be governed by a minister-appointed board, supported by a public-private investment committee.

 

Simplify compliance

 

The move could simplify compliance and channel more money to black-owned businesses, offering a fast shortcut to procurement competitiveness without forcing companies to restructure ownership or overhaul management.

 

However, it also concentrates decision-making in a minister-appointed board, potentially raising concern that the commercial rigour needed to turn pooled capital into jobs and business will be undermined by directors beholden to ministerial preferences.

 

The briefing broadly mirrors the same policy objective as reported by Business Day last year, centralising corporate transformation capital and offering a simple compliance route.

 

But it is likely to disappoint cheerleaders of the initial proposal to launch the department of trade, industry & competition into action last year. Under that proposal, unlisted companies would have been offered an opportunity to pay 3% of gross revenue into a revenue service-collected pool managed by a private fund of funds in exchange for automatic level three recognition.

 

That option offers the clearest, cheapest path to procurement advantage and the least compliance friction, one small business owner briefed on the department’s plans said.

 

Even market leaders with deep pockets find the administrative and operational demands of broad-based BEE compliance onerous.

 

Major companies and blue-chip firms maintain in-house transformation units — board-level social, ethics and sustainability committees — that adjust strategies to score­card rules and pour millions into advisory and reporting to protect their ratings.

 

For black entrepreneurs, the fund promises scalable, patient capital aimed at townships and regional value chains that conventional enterprise development programmes have failed to reach.

 

Shortfall

 

The Gordon Institute of Business Science and the Broad-Based BEE Commission’s 2024 study shows that while enterprise supplier development spend has grown rapidly, actual outcomes, specifically for sustain­able and scalable black businesses, have fallen short of expectations. They identified a chronic shortfall of affordable capital as the primary culprit.

 

The department first announced the Transformation Fund as a policy initiative at the beginning of 2025, set­ting a target to mobilise R100bn over the term of the current administration. It framed the fund as a way to aggregate existing enterprise and supplier development and related commitments to create scale and improve access to finance for black owned businesses.

 

However, the proposal was met with immediate governance concerns, with Business Unity South Africa signalling its willingness to participate but pushing for clarity on design, governance and implications.

 

The DA derided it as a “looting scheme” and “madness”, saying it repackages old programmes that have failed to make a dent in poverty and unemployment.

 

By Tiisetso Motsoeneng

Businessday

 

FINANCE ARTICLES

 

 

 

SOUTH AFRICA

 

No big tax changes in February budget, says Godongwana

 

 

SARS is coming after taxpayers with a new weapon, leaving nowhere to hide

 

The South African Revenue Service (SARS) wants to introduce new laws that will enable wide-reaching lifestyle audits, helping it clamp down on taxpayers whose lifestyles don’t match their means.

 

The legislative changes are contained in the new draft General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, published on 14 January 2026.

 

The proposals aim to grant the Financial Intelligence Centre (FIC) statutory power to conduct lifestyle audits.

 

The draft Bill defines a lifestyle audit as “an audit to determine if a person’s living standards are consistent with the income from legitimate sources that can be attributed to that person”.

 

According to Tax Consulting SA, once unexplained wealth is identified and reported to SARS, the taxman will pursue “individuals with unexplained wealth”, who may also come under the National Prosecuting Authority’s gaze.

 

One of the reasons the proposed change is so significant is because of how widely the lifestyle audit powers could spread.

 

The FIC is mandated to assist in identifying the proceeds of crime and safeguarding the country’s financial system—but it is also obligated to share the information it collects with numerous bodies.

 

As outlined in the draft Bill, the FIC is tasked with making the information it collects and produces available to:

  • An investigating authority;
  • The National Prosecuting Authority;
  • An intelligence service;
  • The South African Revenue Service
  • The Independent Police Investigative Directorate;
  • The Intelligence Division of the National Defence Force;
  • A Special Investigating Unit;
  • The office of the Public Protector;
  • An investigative division of a national department
  • A supervisory body;
  • The investigative division of the Auditor-General
  • The Border Management Authority or
  • The Public Procurement Office

 

“This means that detecting tax non-compliance will not remain within SARS’ ambit alone,” Tax Consulting said.

 

“The tax authority may now effectively have a broad range of state bodies reporting potential non-compliance to it.”

 

On the strength of information received from the FIC, all these organs of state can come after you, triggering SARS scrutiny.

 

The Draft Bill also makes clear that the FIC can conduct lifestyle audits on persons prescribed by the Minister at the request of an organ of state, public entity, or municipality, if it reasonably believes the entity is affected by, or has an interest in, the information it obtains through such an audit.

 

“With this widening of powers, the wolf is at the door for individuals who have been living an extravagant lifestyle they cannot justify by their declared income,” Tax Consulting said.

 

How you could get flagged

 

Tax Consulted said that lifestyle audits look at whether a person’s standard of living is consistent with income from legitimate sources and formally declared to SARS.

 

Importantly, it is not a voluntary process and is driven by intelligence, making the wider net in the draft Bill crucial for sniffing out discrepancies.

 

The FIC Act requires a person who carries on a business or an employee who suspects money laundering, terrorist financing, or an unusual transaction to report it to the FIC.

 

The FIC stipulates that all citizens have a responsibility to report suspicious and unusual transactions and behaviour.

 

So a taxpayer may get flagged by an anonymous report from a national department, or by a colleague or neighbour who suspects something untoward.

 

Flags may pop up in other instances too—such as owners of multi-million-rand supercars having their tax returns checked, or even when people post their exorbitant lifestyles on social media.

 

Once intelligence exists and is shared, the scope for remedial action narrows significantly.

 

“When an audit is underway, the state is no longer asking questions in the abstract. It is actively testing explanations against data already in its possession,” Tax Consulting said.

 

Once unexplained wealth is identified and reported, the group warned that the downstream risks for taxpayers escalate quickly.

 

“These include potentially significant additional tax assessments, understatement penalties of up to 200% of the tax outstanding, and even criminal prosecution,” it said.

 

“The only way to avoid this is by making use of SARS’ Voluntary Disclosure Programme, which guarantees waiver of all penalties and amnesty from criminal prosecution by the Commissioner of SARS.”

 

However, this won’t apply in instances of gross negligence or intentional tax evasion, it said.

 

Comment on the draft Bill closes on 13 February 2026.

 

Businesstech

 

HEALTH AND SAFETY ARTICLES

 

 

 

SOUTH AFRICA

 

Pick n Pay again fails to avoid liability for shopper’s injuries

 

It’s been more than eight years since the customer was injured after slipping on a hazardous spill in a store in Cape Town.

 

Pick n Pay Retailers has failed in a further attempt to appeal a high court judgment that found it liable for the personal injuries, medical and other costs of a customer who slipped and fell in its N1 City Mall store in Cape Town.

 

The Supreme Court of Appeal (SCA) on Monday dismissed with costs an application by Pick n Pay Retailers for reconsideration of a ruling by SCA judges Fikile Mokgohloa and Wendy Hughes dismissing with costs the company’s petition for leave to appeal the high court judgment.

 

Mokgohloa and Hughes had dismissed Pick n Pay’s petition for leave to appeal on the basis that the proposed appeal lacked reasonable prospects of success and no other compelling reason existed to justify the matter being entertained on appeal.

 

However, SCA Deputy President Dumisani Zondi on 30 April 2024 ordered that Pick n Pay’s application be referred for reconsideration and possible variation in terms of the Superior Courts Act.

 

The injury

 

Maria Williams was shopping with her sister at the N1 City Mall Pick n Pay store in Goodwood on 13 November 2017.

 

As she was approaching the till point, Williams remembered that she had forgotten to collect an electric fly repellent – but slipped on some spillage and fell to the floor while proceeding at a brisk walking pace, but not running, to get the item.

 

She testified that she did not see any cleaning staff in the immediate vicinity of where she fell and the size of the spillage was about equal to an A3 piece of paper.

 

Williams disputed that the spillage was the size of a two-rand coin, as was asserted on behalf of Pick n Pay.

 

As a result of the fall, Williams sustained a soft tissue injury to her left hip and an injury to her left acromioclavicular joint.

 

Immediate assistance was provided to her by a customer services manager employed by Pick n Pay, who also arranged for her to be transported to a nearby hospital for medical treatment.

 

It was alleged that Pick n Pay undertook to bear Williams’s medical treatment costs but despite these assurances, Pick n Pay failed to honour its undertaking.

 

This prompted Williams to institute legal proceedings against Pick n Pay in the Western Cape High Court, where she sought payment of damages for past and future hospital, medical and related expenses, past and future loss of earnings, and general damages for pain and suffering.

 

Bluedot, a third-party service provider contracted to Pick n Pay under a cleaning service agreement between the parties, was cited as the second respondent.

 

What the high court found

 

Judge Patrick Gamble ruled in the Western Cape High Court on 1 September 2023 that Pick n Pay had failed to discharge the evidentiary burden required to rebut the prima facie case of negligence established by Williams.

 

The court found that Pick n Pay had not provided sufficient evidence to negate the inference of negligence arising from the circumstances of Williams’s fall.

 

It further ruled the injuries sustained by Williams were directly attributable to the negligent conduct of Pick n Pay’s employees, acting within the course and scope of their employment.

 

Pick n Pay was found to be legally liable to pay Williams “100% of such damages as she may establish in due course arising out of the incident”.

 

Aggrieved by the high court’s findings, Pick n Pay sought leave to appeal the decision to the full court of the Western Cape High Court on the grounds that the court had misdirected itself.

 

The high court dismissed the application for leave to appeal on 31 October 2023 on the basis that Pick n Pay had failed to show there was a reasonable prospect of success on appeal or “there is some other compelling reason why the appeal should be heard”.

 

This resulted in Pick n Pay petitioning the SCA for leave to appeal on the same grounds as in the high court.

 

How the Supreme Court of Appeal saw things

 

Handing down judgment on Monday, acting SCA Judge Daniel Dlodlo, with SCA Judge Xola Petse and acting SCA Judge Boissie Mbha concurring, said Pick n Pay concedes that it owed a general duty of care to all patrons entering its premises to ensure the store was reasonably safe for shopping activities but denies liability for the injuries sustained by Williams.

 

He said Pick n Pay claims the main cause of the incident was the sole negligence of Williams herself, who allegedly failed to maintain a proper lookout, neglected to take reasonable precautions to avoid the hazard, and thereby failed to prevent her own injury.

 

Dlodlo said Pick n Pay further claimed it discharged its duty of care to its customers by engaging the services of Bluedot, and in terms of the agreement, Bluedot undertook responsibility for the cleaning and maintenance of the store premises.

 

It also claimed that Bluedot assumed liability for any injuries arising from its failure to properly fulfil its contractual obligations.

 

He said Pick n Pay maintains that it acted reasonably in outsourcing these functions and cannot be held liable for any alleged negligence on the part of Bluedot.

 

Dlodlo said Pick n Pay also claimed the high court erred in both its interpretation and application of the relevant legal principles, and in its assessment of the facts underpinning the matter.

 

He said the evidence emerging from the record reveals that, on the day in question Pick n Pay – represented by one of its employees – was made aware of Williams’s injury not by its own staff, but by a field marketer employed by a third party.

 

“This fact is material in evaluating the adequacy of Pick n Pay’s internal safety protocols and its responsiveness to hazardous conditions on the premises as and when they arose,” he said.

 

Dlodlo said the absence of any Pick n Pay personnel in the immediate vicinity of the spillage at the time suggests the prescribed safety protocol was not adhered to.

 

He said it also indicates the spill had been present for a considerable amount of time, which supports the inference that the hazardous condition was not promptly addressed.

 

“Such a failure to implement or enforce routine checks, particularly in a human high-traffic retail environment where spillages are reasonably foreseeable, constitutes a material breach of the duty of care owed to patrons,” he said.

 

“The prolonged presence of the spill, coupled with lapses in procedural oversight, amounts to conduct that falls short of the standard expected.

 

“Accordingly, Pick n Pay’s omission in this regard is indicative of negligence.”

 

Judge Dlodlo said no factual or evidentiary basis has been advanced to suggest that another court would reach a different outcome from that of the high court.

 

He said the record also reveals no extraordinary or unusual circumstances warranting intervention by the SCA.

 

Judge Dlodlo said Pick n Pay’s petition “amounts to a mere attempt to reargue the merits of its case which … lacks substantive merit”.

 

By Roy Cokayne

Moneyweb

Judgment

 

TOBACCO ARTICLES

 

 

 

SOUTH AFRICA

 

SA losing ground to illicit economy, Sars warns

 

The commissioner of the South African Revenue Service (Sars), Edward Kieswetter, has warned that the country is not winning the war against criminal syndicates operating in the illicit economy.

 

Kieswetter was responding to the imminent closure of the only plant of British American Tobacco (BAT) in South Africa due to the proliferation of illicit cigarettes. The international tobacco major said illicit cigarettes now constitute 75% of the market.

 

The black market, which stretches from cigarettes, smuggled gold and fuel adulteration to counterfeiting, has become structural, he said.

 

“Take the tobacco sector as a cautionary tale.

 

Once a robust industry supporting tens of thousands of jobs, it has been devastated by illicit trade. Today, about three out of every four cigarettes sold in South Africa are illegal — untaxed and often produced or smuggled by organised crime syndicates,” Kieswetter said.

 

“The result is stark: the state loses R18bn R28bn a year in tobacco taxes; legitimate manufacturers cannot compete with dodgy 20-a-pack specials for R10, well below the minimum collectible tax of R26.22.”

 

BAT, whose shares are traded on the JSE and in London, earlier this month said it would mothball its Heidelberg plant at the year end and instead import tobacco to service the local market. It commissioned and paid for a study by Ipsos.

 

It found the availability of illegal cigarettes in South Africa has become endemic, with nearly eight in 10 South African retailers selling such products, triple the number reported three years ago.

 

The study, which surveyed more than 4,000 outlets countrywide, found about 69% of retailers were selling cigarettes at less than R20 a pack and nearly 80% were selling them below the R26.22 minimum price.

 

Gateway

 

More worryingly, Kieswetter said, illicit tobacco is not an isolated failure but a gateway into a far wider criminal economy.

 

“The same networks that trade illicit cigarettes frequently diversify into illegal mining, gold smuggling, illicit alcohol, counterfeit goods and complex money laundering schemes,” he said.

 

“Tobacco profits are reinvested into other illicit sectors using shared logistics routes, compliant retailers, cross-border channels and shell companies. This interconnectedness is the defining feature of South Africa’s illicit economy.”

 

Sars and its sister law enforcement agencies aim to “crush” the illicit fuel industry, which syphons nearly R4bn from the fiscus annually.

 

The agency and the police, through the National Joint Operational and Intelligence Structure (Nat-joints), conducted 23 operations across Gauteng, Mpumalanga and KwaZulu-Natal last year.

 

A team comprising Sars officials and police officers detained nearly 1-million litres of contaminated diesel fuel — with analysis in some instances showing the seized diesel had up to 68% paraffin content.

 

The agency also suspended three licences for non-compliant tobacco production.

 

The Financial Intelligence Centre has provided intelligence reports to Sars to assist in investigations of criminal syndicates, and together they have identified illicit markets in tobacco, precious metals, fuel and procurement fraud. Through these efforts Sars has recovered R85bn from illicit activities since 2020/21.

 

Kieswetter said while progress has been made in reining in the illicit economy, much more still needs to be done by law enforcement agencies.

 

Not winning

 

“We are not winning the war — yet. The scale of the illicit economy means enforcement is constantly chasing volume. For every warehouse seized or consignment intercepted, syndicates attempt to adapt, reroute and scale.”

 

“Border capacity remains uneven, legal and policy gaps persist, and penalties do not always deter well-resourced criminal kingpins. Corruption and collusion — whether at ports, factories or distribution points — can still unravel enforcement gains with devastating speed.”

 

Minister of finance Enoch Godongwana in the medium-term budget policy statement in November warned about the growing markets for illicit cigarettes, alcohol and fuel.

 

The black market, from cigarettes, smuggled gold and fuel adulteration to counterfeiting, has become struc­tural.

 

By Kabelo Khumalo

Businessday

 

TRANSPORTATION ARTICLES

 

 

 

SOUTH AFRICA

 

ANC condemns scholar transport operators’ ‘arrogance’ in flouting law after accident

 

The African National Congress (ANC) has condemned recent threats made by scholar transport operators, following the impounding of unroadworthy vehicles, saying this demonstrates “arrogance and unpreparedness” in terms of compliance with the law.

 

ANC national spokesperson Mahlengi Bhengu said the law must respond equally to the “nonchalant and indifferent attitude” of the scholar transport and taxi industry.

 

More than 60 scholar transport vehicles have been impounded during an operation led by Transport Minister Barbara Creecy in Lenasia, south of Johannesburg.

 

This after 14 school children died in a collision between a minibus and a truck.

 

The drivers of scholar transports threatened to stop collecting and dropping off learners, this after the Transport Department embarked on an unannounced blitz and impounded some unroadworthy minibus taxis.

 

“We are most disadvantaged in this business, and they do not do anything to help us. We said to them when we bought these cars, they were new, so these cars are now old. The next thing we are being targeted,” they said.

 

The Scholar Transport Association bosses believe they were ambushed and bullied.

 

The association said it wanted a peaceful protest, where it would meet with government so it could get answers as to when the drivers would get the permits they applied for.

 

Bhengu said the deaths and the state of scholar transport were of grave concern, and she called for stricter regulation of the industry through enforcement and a revamp of scholar transport policy.

 

“Our observation of the industry, including the entire taxi industry has revealed serious shortcomings, unroadworthy vehicles, overloading, noncompliance with the law, reckless and negligent driving and disrespect towards commuters and other road users,” she said.

 

She said any noncompliant vehicle must be impounded, encouraging parents to choose “the best and safer services” in the best interest of their children.

 

Meanwhile, Select Committee on Education, Sciences and the Creative Industries chairperson Makhi Feni called on law enforcement agencies to hold the minibus driver involved in the accident accountable and include a possible ban from driving on South Africa’s roads.

 

“It seems nothing will make taxi drivers change their behaviour and make them respect traffic laws. Police should be given full powers to handle criminality on our roads as it relates to driver behaviour.

 

The road network is a shared service which demands that drivers respect other road users,” he said.

 

MULTISECTOR ACTION

 

The Public Servants Association (PSA) said government’s response after every incident or accident was to call for reform without any action.

 

The PSA suggested an urgent National Scholar Transport Imbizo, that involves the Department of Basic Education, provincial Departments of Education, national and provincial Departments of Transport, Treasury, budget oversight structures, law enforcement agencies, road safety authorities, unions, scholar transport associations, private operators, school governing bodies, parent organisations, civil society and child rights advocacy groups, road safety researchers, engineers, and policy experts.

 

The organisation wants the Imbizo to result in the design and commitment to an enforceable national action plan, closing of regulatory gaps, establishment of safety standards, stricter vehicle enforcement, strengthened licensing and vetting for all scholar transport drivers, implementation of technology-enabled monitoring systems, securing interdepartmental accountability and ensuring sustainable funding models.

 

The PSA said multisector action was the “only way to break the cycle of reactive government messaging and deliver the systemic reform needed to safeguard learners”.

 

  • END