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AGRICULTURE

LAW AND TYPE OF NOTICE

Marketing of Agricultural Products Act:

Request for per hectare statutory levy to fund area wide fruit fly control programme in Elgin/Grabouw and Vyeboom: Comments invited

G 53038 GeN 3383

– Comment by 15 Aug 2025

25 July 2025

APPLIES TO: 

DIRECTLY AFFECTED INDUSTRIES:

1.     Fruit Producers (Pome, Stone Fruit, Table Grapes, Dried Grapes)

Especially those operating in Elgin/Grabouw and Vyeboom (including Eerstehoop)regions.

These producers will bear the per-hectare levy cost.

Includes commercial and emerging producers.

2.     Packhouses & Packers

Post-harvest handling is impacted by pest infestations, and improved pest management benefits their operations.

May also share in levy-related costs indirectly through producer partnerships.

3.     Exporters of Fresh Fruit

Export market access often depends on phytosanitary standards.

A fruit fly management programme reduces export rejections and enhances market competitiveness.

4.     Deciduous Fruit Industry Organisations / Commodity Bodies

Involved in coordinating efforts and contributing to strategic pest control planning and implementation.

INDIRECTLY AFFECTED INDUSTRIES AND STAKEHOLDERS:

1.     Agricultural Service Providers

Pest control contractors, sterile insect suppliers, and those involved in biological control services.

2.     Transport & Cold Chain Logistics

Improved fruit quality and reduced infestations support better transport outcomes and reduce spoilage.

3.     Agrochemical Companies

Companies producing or supplying pesticides or biological control agents used in pest management strategies.

4.     Agricultural Finance Institutions

May need to understand levy implications when assessing profitability and creditworthiness of producers in these regions.

5.     Research Institutions & Universities

May be involved in supporting or evaluating aspects of the programme, such as integrated pest management (IPM) effectiveness.

6.     Retailers (local and international)

A stable and pest-controlled supply of fruit supports consistent quality and shelf life.

SUMMED UP

This proposed levy primarily affects deciduous fruit producers in Elgin/Grabouw and Vyeboom, but has broader implications across the fruit value chain, including packers, exporters, logistics, agro-services, and regulatory compliance bodies. The ultimate aim is to maintain international competitiveness, uphold phytosanitary standards, and protect investments in these high-value production regions.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NOTICE 3383 OF 2025

FRUIT INDUSTRY

REQUEST FOR A PER HECTARE STATUTORY LEVY TO FUND THE AREA WIDE FRUIT FLY

CONTROL PROGRAMME – SPECIFICALLY FOR THE ELGIN/GRABOUW AND VYEBOOM (INCLUDING EERSTEHOOP) AREAS

NAMC REQUESTING COMMENTS FROM INDUSTRY ROLE PLAYERS

On 9 July 2025, the Minister of Agriculture received a request from FruitFly Africa (Pty) Ltd (FFA), on behalf of the fruit industry, for the implementation of a Rand per hectare (R p/ha) statutory levy to continue the funding of the Area-Wide Integrated Pest Management Programme (AW-IPMP), in selected production regions, for a new three (3) year period, namely 2025/26 – 2027/28. This three (3) year period is specifically to bring the region in line with other areas where such statutory levies have already been approved in 2024 (expiring 26 September 2028).

If approved this will be a separate and differentiated levy, meaning that the other existing statutory levies in the fruit industry (financing research and development, information, transformation etc.) will remain unchanged. It is proposed that the differentiated levy be introduced, in the following two production regions namely, Elgin/Grabouw and Vyeboom (including Eerstehoop), based on the needs and unique requirements in terms of international best practice and tailor-made strategies for these two areas.

The AW-IPMP is managed in conjunction with the Department of Agriculture (DOA) which co-fund the operational expenses via a Public Private Partnership arrangement between the Department and the participating producers for the past 17 years. Producers are represented by area coordinating committees and the various national deciduous fruit industry commodity organisations.

FFA’s current geographical footprint covers ±50% of the pome- and stone fruit industries and ±86% of table- and dried grape plantings in South Africa. It also follows the multi-insect risk mitigation approach to pro-actively adapt to the ever-changing global phytosanitary landscape of the fruit industry. FFA also contributes towards the direct cost of emerging producers participating in the programmes (more than R4 million over a four-year term for all the regions making use of statutory levies).

It is proposed that the differentiated levy be introduced in the respective production regions based on the needs and unique requirements in terms of international best practice and tailor-made strategies for such areas. The proposed strategy includes the Sterile Insect Technique at various stages of implementation as agreed with the producers in such areas. The 2025/26 financial year will cover the period from October 2025 to September 2026.

The business plan and overall contributions from the DOA and producers (via a statutory levy and user-pay services) can be summarized as follows:

The NAMC believes that the proposed statutory levies requested are consistent with the objectives of the MAP Act (as set out in section 2 of the Act).

The NAMC believes that the application by FruitFly Africa for the implementation of the proposed statutory levies in the relevant regions are consistent with the objectives of the MAP Act (as set out in section 2 of the Act).

Directly affected groups (e.g. producers, packers and exporters) in the fruit industry are kindly requested to submit any comments, in writing, regarding the proposed fruit fly statutory levies, to Mathilda van der Walt (mathildavdw@namc.co.za) on or before 15 August 2025, to enable the NAMC to finalise its recommendation to the Minister in this regard.

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Request for per hectare statutory levy to fund area wide fruit fly control programme in Elgin/Grabouw and Vyeboom: Comments invited

G 53038 GeN 3383

– Comment by 15 Aug 2025

25 July 2025

53038gen3383.pdf

ACTION

Ensure that you submit your comments before 15 August 2025.

CONSTRUCTION

LAW AND TYPE OF NOTICE

Project and Construction Management Professions Act:

Disciplinary Tribunal Decision

G 53038 BN 811

25 July 2025

APPLIES TO: 

Construction Industry

FULL TEXT

DETAILS

BOARD NOTICE 811 OF 2025

THE SOUTH AFRICAN COUNCIL FOR THE PROJECT AND CONSTRUCTION

MANAGEMENT PROFESSIONS

Publication in terms of section 32(5) of the Project and Construction Management Professions Act, 2000, of the finding and sanction imposed by the Disciplinary Tribunal in the disciplinary hearing held on 18 February, 2 April, 20 and 21 May 2025, into alleged improper conduct of the registered person.

Name of Person: Jeremy Chandler

Registration Number: CHSO/2960/2019

Nature of contravention:

Guilty of contravention of Rules 3(1)(b), 3(2)(a) and 3(2)(g) of the Revised Rules of Conduct for Registered Persons: Project and Construction Management Professions Act, 2000, (Act No. 48 of 2000) promulgated under Board Notice 139 of 2017, Government Gazette number 41009 of 28 July 2017.

Sanction:

The sanction imposed is a reprimand, a fine of R24 000.00 (twenty-four thousand Rand), and suspension of registration as a Construction Health and Safety Officer for a period of one year, in terms of sections 32(3)(a)(i), 32(3)(a)(ii), and 32(3)(a)(iii) of Act No. 48 of 2000, respectively.

LINK TO FULL NOTICE

Project and Construction Management Professions Act: Disciplinary Tribunal Decision

G 53038 BN 811

25 July 2025

53038bn811.pdf

CUSTOMS, EXCISE AND INTERNATIONAL TRADE

LAW AND TYPE OF NOTICE

International Trade Administration Act:

Sunset review of anti-dumping duties on clear float glass originating or imported from Egypt

G 53038 GeN 3388

25 July 2025

APPLIES TO: 

DIRECTLY AFFECTED INDUSTRIES:

1. Glass Manufacturing Industry (Local)

• Example: PFG Building Glass (PG Group) – the only domestic manufacturer of clear float glass in SACU.
• Impact: Has a direct stake in the continuation of duties to protect against cheaper imports, preserve market share, and maintain profitability.

2. Glass Importers and Distributors

• Companies that import clear float glass for resale, processing, or fabrication.
• Impact: May face continued or reinstated anti-dumping duties, increasing import costs if the duties remain in place. If duties are lifted, they may gain access to lower-cost glass from Egypt.

3. Glass Processors / Fabricators

• Businesses that cut, coat, temper, laminate, or double-glaze float glass.
• Impact: Could benefit from lower input costs if anti-dumping duties are removed, or face higher costs if duties are maintained.

4. Construction & Building Industry

• Developers, contractors, and glazing firms using float glass for windows, facades, partitions, etc.
• Impact: May experience price fluctuations depending on the outcome of the review, influencing project costs and procurement choices.

5. Retail & Wholesale Hardware Suppliers

• Hardware chains or suppliers that sell float glass or related products to consumers and small builders.
• Impact: Product pricing and margins could be influenced by whether duties remain or are removed.

INDIRECTLY AFFECTED INDUSTRIES:

6. Automotive Industry (Glass Usage in Components)

• While clear float glass isn’t typically used for windscreens (laminated) or windows (tempered), it may still impact secondary use components or manufacturers.
• Impact: Marginal, but potential cost implications for input materials if prices shift significantly.

7. Architectural and Interior Design Firms

• Float glass is used in interior partitions, balustrades, mirrors, and cladding.
• Impact: Design choices and material selection may be influenced by cost and availability of certain glass thicknesses and quality.

8. Freight, Shipping, and Logistics Companies

• Entities involved in transporting glass (especially imports from Egypt).
• Impact: May experience changes in import volumes depending on the outcome of the review, which affects demand for shipping or warehousing services.

9. Trade and Legal Advisory Firms

• Trade law firms and consultants representing either local producers or importers during the review process.
• Impact: Actively involved in making representations, preparing documentation, and advising on risk exposure.

10. Government Agencies (Customs, SARS, Trade Policy Units)

• SARS (Customs) involved in enforcement and collection of duties.
• Trade policy units may monitor or respond to broader economic and WTO compliance impacts.

SUMMED UP

The primary impact is on the domestic glass industry (especially PFG), importers, and the construction sector, but secondary effects may ripple out to related industries such as logistics, legal advisory, and architectural services. The price and availability of 3–6 mm clear float glass is at the heart of the matter, and the final decision will influence whether local protection is maintained or cheaper imports become available again.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3388 OF 2025

INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA

SUNSET REVIEW OF THE ANTI-DUMPING DUTIES ON CLEAR FLOAT GLASS OF A THICKNESS OF 2.5 MM OR MORE, BUT NOT EXCEEDING 6 MM, DIVIDED INTO 3 MM, 4 MM, 5 MM AND 6 MM THICKNESSES ORIGINATING IN OR IMPORTED FROM FROM THE KINGDOM OF EGYPT (“EGYPT”)

In accordance with the provisions of Regulation 53 of the Anti-Dumping Regulations and Article 11.3 of the World Trade Organisation Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition, unless the authorities determine, in a review initiated before that date, on their own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to that date, that the expiry of the duties would likely lead to the continuation or recurrence of dumping and injury.

On 07 June 2024, the International Trade Administration Commission of South Africa (“the Commission”) notified interested parties through Notice No. 2550 of 2024 in Government Gazette No. 50772, that unless a substantiated request is made indicating that the expiry of the anti-dumping duties against imports of clear float glass originating in or imported from Egypt would likely lead to the continuation or recurrence of dumping and injury, the anti-dumping duties on clear float glass originating in or imported from Egypt will expire on 13 August 2025.

THE APPLICANT

The application was lodged by PFG Building Glass Pty Ltd, a division of PG Group (Pty)Ltd (“the Applicant”), being the only producer of the subject product in the Southern African Customs Union (“SACU”) thus the application can be regarded as “made by or on behalf” of the SACU Industry.

The Applicant alleges that the expiry of the anti-dumping duties would likely lead to the recurrence of dumping and the recurrence of material injury. The Applicant submitted sufficient evidence and established a prima facie case to enable the Commission to arrive at a reasonable conclusion that a sunset review investigation of the anti-dumping duties on clear float glass originating in or imported from Egypt, should be initiated.

THE PRODUCT

The anti-dumping duties subject to this sunset review is applicable to on clear float glass originating in or imported from originating in or imported from Egypt, classifiable under tariff subheadings 7005.29.17, 7005.29.23, 7005.29.25 and 7005.29.35.

THE ALLEGATION OF THE LIKELIHOOD OF RECURRENCE OF DUMPING

The allegation of the likelihood of the recurrence of dumping is based on the comparison between the normal values and the export prices should the anti-dumping duties expire.

EGYPT

Normal value

In calculating the normal values for Egypt, the Applicant provided a quotation for the domestic selling prices of clear float glass in thicknesses of 4 mm, 5 mm, and 6 mm. For the 3 mm thickness, the normal value was determined using the average price per mm which was calculated from prices of 4 mm, 5 mm and 6 mm clear float glass products. No adjustments were made as the prices are at ex-factory level.

Export price

In calculating the export price, the Commission normally uses official South African Revenue Service (“SARS”) statistics. However, due to the existing anti-dumping duties imposed on the subject products from Egypt, the SARS import statistics indicated that there were no imports of the subject products in the 3 mm, 4 mm, 5 mm and 6 mm categories for the years 2022, 2023 and 2024 investigation periods.

To determine the export prices, export sales from Egypt to Australia for 2024 were used.

The export prices were at FOB level.

Adjustment

An adjustment for transport cost of 5 percent was made to arrive at the ex-factory export prices.

Dumping margins

The following dumping margins for Egypt were calculated:

On this basis, the Commission found that there was prima facie proof of the likelihood of recurrence of dumping.

THE ALLEGATION OF THE LIKELIHOOD OF RECURRENCE OF MATERIAL INJURY

The Applicant alleged and submitted sufficient evidence to show that the expiry of the anti-dumping duties on the subject products originating in or imported from Egypt would likely lead to the recurrence of material injury to the SACU industry.

On this basis, the Commission found that there was prima facie proof of the likelihood of the recurrence of material injury if the duties expire.

PERIOD OF INVESTIGATION

The investigation period for determination of the likelihood of the recurrence of dumping will be the period 1 December 2023 – 30 November 2024 in a forward-looking analysis, as the application is brought on the recurrence of dumping. The investigation period for determination of the likelihood of the recurrence of material injury is from 1 December 2021 to 30 November 2024, and estimates for 1 December 2024 – 30 November 2025 in the event the anti-dumping duties expire.

PROCEDURAL FRAMEWORK

Having decided that there is sufficient evidence and a prima facie case to justify the initiation of an investigation, the Commission has begun an investigation in terms of section 16 of the International Trade Administration Act, 2002 (“the ITA Act”). The Commission will conduct its investigation in accordance with the relevant sections of the ITA Act, the World Trade Organisation Agreement on Implementation of Article VI of the GATT 1994 (“the Anti-Dumping Agreement”) and the Anti-Dumping Regulations of the International Trade Administration Commission of South Africa (“ADR”). Both the ITA Act and the ADR are available on the Commission’s website (www.itac.org.za) or from the Trade Remedies section, on request.

To obtain the information, it deems necessary for its investigation, the Commission will send non-confidential versions of the application and questionnaires to all known importers and exporters and known representative associations. The trade representative of the country of origin has also been notified. Importers and other interested parties are invited to contact the Commission as soon as possible to determine whether they have been listed and were furnished with the relevant documentation. If not, they should immediately ensure that they are sent copies. The questionnaire has to be completed and any other representations must be made within the time limit set out below.

CONFIDENTIAL INFORMATION

Please note that if any information is considered to be confidential then a non-confidential version of the information must be submitted for the public file, simultaneously with the confidential version. In submitting a non-confidential version, the following rules are strictly applicable and parties must indicate:

C where confidential information has been omitted and the nature of such information;

C reasons for such confidentiality;

C a summary of the confidential information which permits a reasonable understanding of the substance of the confidential information; and

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

This rule applies to all parties and to all correspondence with and submissions to the Commission, which unless indicated to be confidential and filed together with a nonconfidential version, will be placed on the public file and be made available to other interested parties.

If a party considers that any document of another party, on which that party is submitting representations, does not comply with the above rules and that such deficiency affects that party’s ability to make meaningful representations, the details of the deficiency and the reasons why that party’s rights are so affected must be submitted to the Commission in writing forthwith (and at the latest 14 days prior to the date on which that party’s submission is due). Failure to do so timeously will seriously hamper the proper administration of the investigation, and such party will not be able to subsequently claim an inability to make meaningful representations on the basis of the failure of such other party to meet the requirements.

Subsection 33(1) of the ITA Act provides that any person claiming confidentiality of information should identify whether such information is confidential by nature or is otherwise confidential and, any such claims must be supported by a written statement, in each case, setting out how the information satisfies the requirements of the claim to confidentiality. In the alternative, a sworn statement should be made setting out reasons why it is impossible to comply with these requirements.

Section 2.3 of the ADR provides as follows:

“The following list indicates “information that is by nature confidential” as per section 33(1)(a) of the Main Act, read with section 36 of the Promotion of Access to Information Act (Act 2 of 2000):

(a) management accounts;

(b) financial accounts of a private company;

(c) actual and individual sales prices;

(d) actual costs, including cost of production and importation cost;

(e) actual sales volumes;

(f) individual sales prices;

(g) information, the release of which could have serious consequences for the person that provided such information; and

(h) information that would be of significant competitive advantage to a competitor;

Provided that a party submitting such information indicates it to be confidential

ADDRESS

The response to the questionnaire and any information regarding this matter and any arguments concerning the allegation of dumping and the resulting material injury must be submitted in writing to the following address or on the emails below:

PROCEDURES AND TIME LIMITS

The Senior Manager: Trade Remedies I, should receive all responses, including nonconfidential copies of the responses, not later than 30 days from the date hereof, or from the date on which the letter accompanying the abovementioned questionnaire was received. The said letter shall be deemed to have been received seven days after the day of its dispatch.

Late submissions will not be accepted except with the prior written consent of the Commission. The Commission will give due consideration to written requests for an extension of not more than 14 days on good cause shown (properly motivated and substantiated), if received prior to the expiry of the original 30-day period. Merely citing insufficient time is not an acceptable reason for an extension. Please note that the Commission will not consider requests for extension by the Embassy on behalf of foreign producers.

The information submitted by any party may need to be verified by the Investigating Officers in order for the Commission to take such information into consideration. The Commission may verify the information at the premises of the party submitting the information, within a short period after the submission of the information to the Commission. Parties should therefore ensure that the information submitted would subsequently be available for verification. Specifically, it is planned to verify the information submitted by the foreign producers within three to five weeks subsequent to the submission of the information. This period will only be extended if it is not feasible for the Commission to do it within this time period or upon good cause shown, and with the prior written consent of the Commission, which should be requested at the time of the submission. It should be noted that unavailability of, or inconvenience to appointed representatives, will not be considered to be good cause.

Parties should also ensure when they engage representatives that they will be available at the requisite times, to ensure compliance with the above time frames. Parties should also ensure that all the information requested in the applicable questionnaire is provided in the specified detail and format. The questionnaires are designed to ensure that the Commission is provided with all the information required to make a determination in accordance with the ITA Act and the ADR. The Commission may therefore refuse to verify information that is incomplete or does not comply with the format in the questionnaire, unless the Commission has agreed in writing to a deviation from the required format. A failure to submit a non-confidential version of the response that complies with the rules set out above under the heading Confidential Information will be regarded as an incomplete submission.

Parties, who experience difficulty in furnishing the information required, or submitting information in the format required, are urged to make written applications to the Commission at an early stage for permission to deviate from the questionnaire or provide the information in an alternative format that can satisfy the Commission’s requirements.

The Commission will give due consideration to such a request on good cause shown.

Any interested party may request an oral hearing at any stage of the investigation in accordance with Section 5 of the ADR, provided that the party indicates reasons for not relying on written submissions only. The Commission may refuse an oral hearing if granting such hearing will unduly delay the finalisation of a determination. Parties requesting an oral hearing must provide the Commission with a detailed agenda for, and a detailed version, including a non-confidential version, of the information to be discussed at the oral hearing at the time of the request.

If the required information is not received in a satisfactory form within the time limit specified above, or if verification of the information cannot take place, the Commission may disregard the information submitted and make a finding on the basis of the facts available to it.

Should you have any queries, please do not hesitate to contact Dr Regina Peta at email address Rpeta@itac.org.za and Ms. Charity Mudzwiri at cramaposa@itac.org.za .

LINK TO FULL NOTICE

International Trade Administration Act: Sunset review of anti-dumping duties on clear float glass originating or imported from Egypt

G 53038 GeN 3388

25 July 2025

53038gen3388.pdf

LAW AND TYPE OF NOTICE

International Trade Administration Act:

Customs Tariff Applications List 07/2025

G 53038 GeN 3387

25 July 2025

APPLIES TO: 

DIRECTLY AFFECTED INDUSTRIES:

1. Local Peanut Butter Manufacturers

• Example: RCL Group Services (Pty) Ltd (the applicant) and other domestic producers.
• Impact: Would benefit from increased price protection against cheap imports. This may help restore market share, improve profitability, and prevent market exits.

2. Importers of Peanut Butter

• Importers bringing in finished peanut butter, especially from low-cost countries.
• Impact: Would face significantly higher costs due to the proposed 25% duty, potentially reducing competitiveness or forcing price increases.

3. Retailers / Wholesalers / Supermarkets

• Chains that sell peanut butter to consumers (e.g., Pick n Pay, Shoprite, Spar, etc.).
• Impact: May need to raise shelf prices if imports become more expensive, or shift procurement strategies to local suppliers.

4. Groundnut (Peanut) Growers

• Farmers supplying raw groundnuts to local processors.
• Impact: Local manufacturers may increase demand for domestic groundnuts, supporting the local agricultural economy if duty leads to higher local production.

5. Food Distributors and Supply Chain Logistics

• Businesses transporting and distributing peanut butter and groundnuts across SACU.
• Impact: Potential shift in volumes and routes if sourcing strategies change (e.g., more local procurement, less import volume).

INDIRECTLY AFFECTED OR ASSOCIATED INDUSTRIES:

6. Food Processing Sector (Wider FMCG)

• Firms using peanut butter as an ingredient (e.g., snack bars, confectionery).
• Impact: May face higher input costs, depending on sourcing (local vs imported).

7. Exporters of Finished Food Products

• South African food brands exporting peanut butter-containing goods.
• Impact: If local input costs rise, it may reduce export competitiveness for value-added products.

8. Hospitality, Catering, and School Nutrition Providers

• Especially those providing food to low-income or subsidized communities.
• Impact: Peanut butter is a staple protein in budget meals; price increases could affect food budgets or meal composition.

9. Consumer Advocacy and Anti-Poverty Organisations

• Monitoring the price impact on low-income households.
• Impact: May advocate against duty increases if seen as regressive or disproportionately affecting the poor.

10. Trade and Competition Policy Advisors / Legal Firms

• Involved in analysing price effects, market distortions, or preparing submissions for/against the application.
• Impact: Will be engaged in the consultation process and potential trade remedies policy interpretation.

SUMMED UP

If implemented, the 25% ad valorem duty would protect local manufacturing but could also raise food prices—especially impacting low-income consumers and institutions reliant on peanut butter as a staple. Interested parties should submit representations within the 4-week window to ITAC.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3387 OF 2025

INTERNATIONAL TRADE ADMINISTRATION COMMISSION

CUSTOMS TARIFF APPLICATIONS LIST 07/2025

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

CONFIDENTIAL INFORMATION

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

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

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

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

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

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

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

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

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

APPLICATION FOR AN INCREASE IN THE RATE OF CUSTOMS DUTY ON:

Peanut butter, classifiable under tariff subheading 2008.11.1 from 0.99c/kg to 25 per cent ad valorem.

Applicant:

RCL Group Services (Pty) Ltd

The Boulevard

Westway Office Park

Westville

3629

Note: Comments must be provided in the format of a questionnaire obtainable on ITAC’s website at www.itac.org.za, link: Services – Tariff investigations – Government Gazette Notices – Other publication notices

Background and reasons for application:

During the 2020/21 period, the International Trade Administration Commission of South Africa (“ITAC or the Commission”) considered an application by RCL Group Services (Pty) Ltd for an increase in the rate of customs duty on peanut butter, classifiable under tariff subheading 2008.11.1 from 0.99c/kg to 25 per cent ad valorem. An investigation was subsequently initiated on 15 January 2021 through a publication in the Government Gazette (Notice 44075 Notice 08 of 2021) for interested parties to comment.

The Commission made a recommendation to the then Minister of Trade, Industry and Competition (the “former Minister”) on the subject application. The former Minister then referred the Commission’s recommendation for further investigation and consideration. In the referral, the Minister requested that ITAC consider: “the price raising effect, industrial capacity, competition in the market and the value chain.”. The former Minister’s concerns were based on the price raising effects of a staple product for poor households, namely peanut butter.

Considering the above, the Commission requested the submission of an updated Application as well as updated market, trade, and financial data from the Applicant. The Commission is in receipt of a fully updated application from RCL Foods, wherein the Applicant has reiterated, amongst others, the following reasons for its application:

• “A 10% custom duty on groundnuts (HS 1202.41 and 1202.42) was implemented on October 21, 2003.

• Importers are circumventing this duty by importing peanut butter, leading to a 24% increase in imports from 2023 to 2024.

• Imported peanut butter prices are 19.3% lower than local production costs, causing distress in the SACU industry.

• RCL has sacrificed volumes to maintain margins, resulting in a decline in market share.

• Without relief, local manufacturers may exit the market, leading to increased prices for imported peanut butter.”

Ref: 12/2020 Enquiries: Ms Manini Masithela, Email: mmasithela@itac.org.za, Ms Khosi Mzinjana,

Email: kmzinjana@itac.org.za; Mrs. Amina Varachia, Email: avarachia@itac.org.za, and Mrs Dolly

Ngobeni, Email: dngobeni@itac.org.za and Mr Scelo Mshengu, Email: smshengu@itac.org.za.

PUBLICATION PERIOD:

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

LINK TO FULL NOTICE

International Trade Administration Act: Customs Tariff Applications List 07/2025

G 53038 GeN 3387

25 July 2025

53038gen3387.pdf

ACTION

Ensure that you submit your comments

LAW AND TYPE OF NOTICE

International Trade Administration Act:

Initiation of investigation for remedial action against increased imports of flat-rolled products of iron, non-alloy or other alloy steel, clad, plated or coated, with aluminium-zinc alloys or zinc

G 53038 GeN 3389

25 July 2025

APPLIES TO: 

INDUSTRIES DIRECTLY AFFECTED:

1. Steel Manufacturing Industry

• Key players: ArcelorMittal South Africa (AMSA), SAFAL, and similar producers.
• Impact: Positive — The safeguard could offer temporary relief from import competition, potentially boosting domestic sales, prices, and profitability.

2. Steel Importers / Distributors

• Businesses importing coated or clad flat-rolled steel for resale or further processing.
• Impact: Negative — A safeguard (e.g. higher tariffs or quotas) will raise import costs, disrupt supply chains, and reduce profit margins.

INDUSTRIES THAT USE FLAT-ROLLED STEEL PRODUCTS (DOWNSTREAM USERS):

3. Construction and Infrastructure

• Uses zinc/aluminium-zinc coated steel in roofing, wall cladding, structural panels, piping, and fencing.
• Impact: Negative — Higher domestic steel prices could inflate project costs, particularly for large-scale housing, industrial, and infrastructure developments.

4. Appliance and White Goods Manufacturers

• Products such as refrigerators, ovens, washing machines, and microwaves often use coated flat steel.
• Impact: Negative — Cost pressures on raw materials could reduce competitiveness or push manufacturers to pass on price increases to consumers.

5. Automotive Manufacturing

• Especially in the body panels, brackets, and chassis of vehicles where coated steel is used to prevent corrosion.
• Impact: Negative — May raise input costs, impacting vehicle pricing or margins in an already cost-sensitive market.

6. Metal Fabrication and Engineering Workshops

• SMEs and mid-sized companies that cut, press, or weld coated steel for various applications.
• Impact: Negative — Increased material costs may compress margins or hinder business operations unless offset by local supply incentives.

INDIRECTLY AFFECTED INDUSTRIES:

7. Retail Hardware & DIY Chains

• Sell products like roofing sheets, pre-fab panels, and steel fencing that are made from these materials.
• Impact: Slightly Negative — Higher costs may translate into higher retail prices.

8. Export-Oriented Manufacturing

• Sectors that incorporate coated steel in finished goods destined for global markets.
• Impact: Negative — Input cost increases could undermine export competitiveness, especially where price-sensitive buyers are involved.

9. Logistics and Warehousing

• Transportation and storage of steel coils, especially if local demand shifts due to policy changes.
• Impact: Neutral to Slightly Positive — May benefit if local producers ramp up distribution.

SUMMED UP

Summary of Affected Products:

• Tariff Subheadings:
  • 7210.61.40, 7210.61.90 (aluminium-zinc coated steel)
  • 7210.49.40, 7210.49.50, 7210.49.90
  • 7225.92.45, 7225.92.55, 7225.92.90 (zinc-coated steel)

These products are core inputs across multiple industrial and consumer goods sectors, meaning any safeguard measure will have ripple effects throughout the value chain.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3389 OF 2025

INTERNATIONAL TRADE ADMINISTRATION COMMISSION

NOTICE OF AN INITIATION OF THE INVESTIGATION FOR REMEDIAL ACTION IN THE FORM OF A SAFEGUARD MEASURE AGAINST THE INCREASED IMPORTS OF FLATROLLED PRODUCTS OF IRON OR NON-ALLOY STEEL, OF A WIDTH OF 600 MM OR MORE, CLAD, PLATED OR COATED, WITH ALUMINIUM-ZINC ALLOYS, OF A THICKNESS OF 0.45MM OR MORE, CLASSIFIABLE IN TARIFF SUBHEADINGS 7210.61.40 AND 7210.61.90 AND FLAT-ROLLED PRODUCTS OF NON-ALLOY OR OTHER ALLOY STEEL, OF A WIDTH OF 600 MM OR MORE, OTHERWISE PLATED OR COATED WITH ZINC, OF A THICKNESS OF 0.45MM OR MORE, CLASSIFIABLE IN TARIFF SUBHEADINGS 7210.49.40, 7210.49.50, 7210.49.90, 7225.92.45, 7225.92.55 AND 7225.92.90

The International Trade Administration Commission of South Africa (“the Commission”) decided to proceed with an investigation for remedial action in the form of a safeguard measure against the increased imports of flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated, with aluminium-zinc alloys, of a thickness of 0.45mm or more, classifiable in tariff subheadings 7210.61.40 and 7210.61.90 and flatrolled products of non-alloy or other alloy steel, of a width of 600 mm or more, otherwise plated or coated with zinc, of a thickness of 0.45mm or more, classifiable in tariff subheadings 7210.49.40, 7210.49.50, 7210.49.90, 7225.92.45, 7225.92.55 and 7225.92.90 (“corrosion resistant thick steel coil” or “the subject product”)

Based on the information submitted, the Commission decided that the Applicant submitted prima facie evidence to indicate that the events cited can be regarded as unforeseen developments and these unforeseen developments and the effect of the obligations incurred under the GATT 1994 led to the increased volume of imports in absolute and relative terms, the surge in the volume of imports is recent, sharp, significant, and sudden enough, the SACU industry is experiencing serious injury; and this is causally linked to the surge in imports.

THE APPLICANT

The application is brought by ArcelorMittal South Africa Limited (“AMSA or “the Applicant”), being the major producer of the subject product in the Southern African Customs Union (SACU). The application is supported by SAFAL, a manufacturer of the subject product. A non-confidential version of the application is available for inspection at the Commission’s offices.

DESCRIPTION OF THE SUBJECT PRODUCT

The subject product is described as flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated, with aluminium-zinc alloys, of a thickness of 0.45mm or more, classifiable in tariff subheadings 7210.61.40 and 7210.61.90 and flatrolled products of non-alloy or other alloy steel, of a width of 600 mm or more, otherwise plated or coated with zinc, of a thickness of 0.45mm or more, classifiable in tariff subheadings 7210.49.40, 7210.49.50, 7210.49.90, 7225.92.45, 7225.92.55 and 7225.92.90

UNFORESEEN DEVELOPMENTS

The Applicant stated that a confluence of events forms the basis of the unforeseen development that supports this application, which is, ultimately the considerable oversupply of steel, and consequently the oversupply of corrosion resistant steel coil products in the world today causing a surge in the volume of imports of the subject product into the SACU.

The Applicant stated that during the Uruguay Round negotiations in 1986-1994, South Africa did not foresee the following events:

• The decision to split the subject product into two main HS categories, namely non-alloy steel (HS7208) and alloy steel (HS7225) resulting in a tug and pull effect, whereby the increase in duties payable on one tariff sub-heading leads to a direct increase in the import volumes for the other due to their interchangeability in function;

• The implementation of the EU’s Carbon Border Adjustment Mechanism (CBAM) and similar measures by other developed countries, which disproportionately affect developing countries like South Africa that rely on coal-based electricity for steel production;

• Domestic energy challenges, including load shedding and electricity price increases far exceeding inflation; and

• The considerable over supply of the subject product in the world today causing a surge in imports into the SACU, which the Applicant broke down into four main issues, namely:

Studies show that China did not become a fully-fledged market economy as it assured World Trade Organisation Members it would during negotiations;

Chinese economic activity has consistently declined since 1994 and large steel producers follow aggressive export strategies, fuelled by an oversupply of steel products;

China’s extraordinary economic growth is slowing down dramatically and the Chinese domestic market for steel is retracting, as a result of all of the above factors, Chinese producers have to increase their exports further, at reduced prices, to rid themselves of excess stocks; and

Worldwide, countries are taking urgent action to raise tariffs and impose trade remedies to protect their domestic steel industries; and it is expected that the surge in imports that the SACU has been experiencing will be augmented by the recent economic slowdown in China and by the fact that China’s export markets are contracting rapidly.

The Commission decided that the Applicant submitted prima facie information indicating that events cited by the Applicant are regarded as unforeseen developments which, with the effects of the obligations incurred under GATT 1994, led to the alleged surge of imports of the subject product, as per the provisions of Article XIX of GATT 1994.

ALLEGATION OF SERIOUS INJURY AND CAUSAL LINK

The period of investigation for data evaluation for the purposes of determining the allegation of serious injury is from 01 December 2021 to 30 November 2024. Furthermore, this application contains information with regard to increased quantities of imports and the related serious injury for the surge period, being (01 December 2021 – 30 November 2022) to (01 December 2022 – 30 November 2023).

The injury analysis relates to information submitted by AMSA being the major producer of the subject product in the SACU.

The Applicant alleged and submitted prima facie evidence indicating that it is experiencing serious injury in the form of a decline in net profit, market share and an increase in price depression, price suppression and cash flow during the period of surge, being (01 December 2021 – 30 November 2022) to (01 December 2022 – 30 November 2023).

Furthermore, an analysis for the period of investigation from 01 May 2021 to 30 April 2024, indicates that the Applicant has experienced serious injury in the form of a decline in net profit, market share, price suppression, price depression and negative cash flow.

On this basis, the Commission found that prima facie evidence was submitted to indicate that the SACU industry was experiencing serious injury which could be causally linked to the recent, sudden, serious, and significant surge in imports of the subject products.

LEGAL FRAMEWORK

This investigation will be conducted in accordance with the International Trade Administration Act, 2002 (“ITA Act”) and the International Trade Administration Commission Safeguard Regulations (“SGR”) read with the World Trade Organization Agreement on Safeguards (“the Safeguard Agreement”).

Please note that if any information is considered to be confidential, a non-confidential version of the information must be submitted for the public file, simultaneously with the confidential version. In submitting a non-confidential version, the following rules are strictly applicable, and parties must indicate:

• where confidential information has been omitted and the nature of such information;

• reasons for such confidentiality;

• a summary of the confidential information which permits a reasonable understanding of the substance of the confidential information; and

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

This rule applies to all parties and to all correspondence with and submissions to the Commission, which unless indicated to be confidential and filed together with a nonconfidential version, will be placed on the public file and be made available to other interested parties.

If a party considers that any document of another party, on which that party is submitting representations, does not comply with the above rules and that such deficiency affects that party’s ability to make meaningful representations, the details of the deficiency and the reasons why that party’s rights are so affected must be submitted to the Commission in writing forthwith (and at the latest 14 days prior to the date on which that party’s submission is due). Failure to do so timeously will seriously hamper the proper administration of the investigation, and such party will not be able to subsequently claim an inability to make meaningful representations on the basis of the failure of such other party to meet the requirements.

Subsection 33(1) of the ITA Act provides that any person claiming confidentiality of information should identify whether such information is confidential by nature or is otherwise confidential and any such claims must be supported by a written statement, in each case, setting out how the information satisfies the requirements of the claim to confidentiality. In the alternative, a sworn statement should be made, setting out reasons why it is impossible to comply with these requirements.

PROCEDURES AND TIME LIMITS

All information submitted, including non-confidential copies thereof, should be received by the Senior Manager: Trade Remedies I by no later than 20 days from the date hereof. Late submissions will not be accepted.

Interested parties are invited to submit comments on the initiation of the investigation or any information regarding this matter to the following address:

Any interested party may request an oral hearing provided that reasons are given for not relying on written submissions only. No request for an oral hearing will be considered more than 60 days from the date of this publication. The Commission may refuse an oral hearing if granting such a hearing will unduly delay the finalisation of the investigation.

Parties requesting an oral hearing shall provide the Commission with a detailed agenda for, and a detailed version, including a non-confidential version, of the information to be discussed at the oral hearing at the time of the request.

Should you have any queries, please do not hesitate to contact Mr. Busman Makakola at email address bmakakola@itac.org.za and Mr. Emmanuel Manamela at email address emanamela@itac.org.za.

LINK TO FULL NOTICE

International Trade Administration Act: Initiation of investigation for remedial action against increased imports of flat-rolled products of iron, non-alloy or other alloy steel, clad, plated or coated, with aluminium-zinc alloys or zinc

G 53038 GeN 3389

25 July 2025

53038gen3389.pdf

ENERGY

LAW AND TYPE OF NOTICE

South Africa’s 2023 Grid Emission Factors Report

G 53079 GoN 6454

25 July 2025

APPLIES TO: 

Industries Directly Affected:

1. Energy and Electricity Producers

• Eskom, Independent Power Producers (IPPs), and renewable energy developers.
• Impact: Data from these producers feeds into national GEFs. Their operational emissions will be tracked, influencing policy and public perception.

2. Industrial & Manufacturing Sector

• High electricity users (e.g., mining, steel, cement, chemical industries).
• Impact: GEFs are used to calculate Scope 2 and Scope 3 GHG emissions, which affect reporting under climate disclosure frameworks and carbon tax calculations.

3. Large Corporations & Listed Entities

• Entities that must report GHG emissions under the National GHG Emissions Reporting Regulations (NGERs).
• Impact: These organisations will use the National Generation GEF (NGGEF) and loss factors (TLGEF, DLGEF) to calculate emissions and meet local and international compliance (e.g., ESG reporting, climate finance standards).

4. Consulting & Advisory Firms

• Environmental, sustainability, and carbon accounting consultants.
• Impact: Need to apply the updated GEFs in emissions modelling, carbon footprint assessments, and climate strategy advisory.

Industries Indirectly Affected:

5. Exporters to the EU and Other Carbon-Regulated Markets

• Particularly those in carbon-intensive sectors (e.g., metals, chemicals, manufacturing).
• Impact: The EU’s Carbon Border Adjustment Mechanism (CBAM) may require accurate GEFs for exported goods to avoid border tariffs based on carbon intensity.

6. Municipalities and Local Governments

• Municipal-owned electricity distributors and local climate policy units.
• Impact: Can use GEF data to develop carbon budgets, implement climate action plans, and track progress on emissions reductions.

7. Financial Institutions & Investors

• Asset managers, banks, and insurers.
• Impact: Use GEFs in ESG risk analysis, sustainability-linked finance instruments, and portfolio carbon disclosures.

8. Transport and Logistics (Electrified Operations)

• Rail, EV fleets, and logistics companies with electric infrastructure.
• Impact: GEFs influence their carbon accounting, especially for Scope 2 emissions linked to electric charging and infrastructure use.

9. Academic and Research Institutions

• Climate science, energy modelling, and policy research entities.
• Impact: GEFs support emissions modelling, long-term scenario planning, and evaluation of South Africa’s Just Energy Transition pathways.

SUMMED UP

Purpose of the Report

The report provides updated emission factors for South Africa’s national electricity grid, used to quantify greenhouse gas (GHG) emissions associated with electricity consumption. It supports:

• Corporate and government GHG reporting
• Carbon tax compliance
• Climate policy development
• Export and ESG disclosures

What Are Grid Emission Factors (GEFs)?

GEFs are values (in tCO₂e/MWh) that represent the carbon intensity of electricity supplied through the national grid. They are used to calculate Scope 2 and Scope 3 emissions.

Four types of GEFs are published:

Key Findings

• The carbon intensity of the national grid is decreasing:
  • DGGEF dropped from 0.960 (2022) to 0.942 (2023)
  • NGGEF dropped from 0.931 to 0.906

• This decline is due to:
  • A 4.4% reduction in electricity from emissive (fossil fuel) sources
  • A higher share of electricity imported from renewables (mostly hydropower from regional partners)
  • A 9% reduction in coal-based generation and an increase in diesel-based generation (less carbon-intensive than coal)

Usage Guidelines

Example Calculation

For a company using 500 MWh of grid electricity:

• Scope 2 Emissions = 500 MWh × 0.906 (NGGEF) = 453 tCO₂e
• Scope 3 (Transmission) = 500 MWh × 0.020 (TLGEF) = 10 tCO₂e
• Scope 3 (Distribution) = 500 MWh × 0.062 (DLGEF) = 31 tCO₂e

Who Developed the Report?

• Published by the Department of Forestry, Fisheries, and the Environment (DFFE)
• Based on data from NERSA, Eskom, and regional electricity suppliers
• Reviewed with support from GIZ and IBIS Consulting

Why This Matters

• Supports South Africa’s Just Energy Transition and compliance with the National Climate Change Response Policy (NCCRP)
• Helps businesses track and reduce their carbon footprint
• Assists with carbon tax and climate-related financial disclosures
• Aligns with international expectations (e.g., EU climate trade rules)

FULL TEXT

DETAILS

DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT

NO. 6454 25 July 2025

South Africa’s 2023 Grid Emission Factors Report

GOVERNMENT NOTICE

DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT

PUBLICATION OF SOUTH AFRICA’S 2023 GRID EMISSION FACTORS REPORT

I, Dion Travers George, Minister of Forestry, Fisheries, and the Environment, hereby publish the South Africa’s 2023 Grid Emission Factors Report (the third GEFs Report), as set out in the Schedule hereto, for information.

This third GEFs Report shows that the grid in 2023 was less carbon intensive due to less energy generation from emissive sources coupled with increased energy generation from hydro and wind. It includes summarised information and data on electricity production and the GHG emissions associated with the electricity that was produced for the 2023 calendar year. This data was used to determine the following four grid emission factors:

i. A domestic generation grid emission factor;

ii. A national generation grid emission factor;

iii. A transmission loss grid emission factor; and

iv. A distribution loss grid emission factor.

The domestic generation GEF depicts the relationship between the amount of GHGs emitted per unit of electricity that is generated within South Africa. The national generation GEF depicts the relationship of emissions and end user electricity consumption and hence includes imported electricity along with its associated GHG emissions. The transmission losses GEF depicts the relationship between the emissions and end user electricity consumption while considering transmission losses. The distribution losses GEF depicts the relationship between the emissions and end user electricity consumption while considering distribution losses.

The 2023 GEFs Report provides information on the carbon intensity of the electricity supplied through the grid. The GEFs information is very useful for public users who intend to track their carbon footprint, including emissions associated with their electricity use. This information can equip public users to accurately track or report the change in the GHG emissions associated with mitigation measures relating to decreasing electricity usage or optimising their electricity usage. Different spheres of government can use GEFs to monitor and analyse electricity emission trends, guide climate change modelling, and inform climate change mitigation policies.

SCHEDULE

South Africa’s 2023 Grid

Emission Factors

Report

2025

Contents

Abbreviations

Executive Summary

1. Introduction

1.1. Background

1.2. Purpose

2. Methodology

2.1. Overview

2.2. GHG Emissions

2.2.1. GHG Emissions from Domestic Production

2.2.2. GHG Emissions from Imported Electricity

2.3. Domestic Generation Grid Emission Factor

2.4. National Generation Grid Emission Factor

2.5. Transmission Losses Grid Emission Factor

2.6. Distribution Losses Grid Emission Factor

2.7. Intended Users & Uses of the Grid Emission Factors

3. South Africa’s 2023 Grid Emission Factors

3.1. 2023 Grid Emission Factors

3.2. Comparison of South Africa’s Grid Emission Factors

Appendix A – Example Calculations

A.1. Calculations using the NGGEF

A.2. Calculations using the TLGEF

A:3. Calculation using the TLGEF and the DLGEF

Appendix B – List of published GEF Reports

Table 1: South Africa’s 2023 Grid Emission Factors

Table 2: Impact of an improved IEEF

Table 3: Domestic Generation GEF Input Data

Table 4: National Generation GEF Input Data

Table 5: Transmission & Distribution Losses GEFs Input Data

Table 6: Intended Uses and Users for South Africa’s Grid Emission Factors

Table 7: South Africa’s previous Grid Emission Factors

Table 8: Scenarios for changes in GEFs

Figure 1: South Africa’s Electricity Grid Information 2023

Figure 2: DGGEF Boundary

Figure 3: NGGEF Boundary

Figure 4: TLGEF and DLGEF Boundaries

Figure 5: South Africa’s Electricity Grid Information 2023

Figure 6: DGGEFs & NGGEFs for 2021 – 2023

Figure 7: Grid Electricity from Emissive Sources

Figure 8: Grid Electricity from Non-emissive Sources

Figure 9: Portion of electricity from non-emissive sources

Figure 10: TLGEFs & DLGEFs for 2021 – 2023

Figure 11: Example of GEFs

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

LINK TO FULL NOTICE

South Africa’s 2023 Grid Emission Factors Report

G 53079 GoN 6454

25 July 2025

53079gon6454.pdf

ACTION

1. Industrial & Commercial Electricity Consumers

(Manufacturers, mines, retail chains, data centres, logistics hubs)

Actions Required:

• Update carbon accounting practices using the latest GEFs (NGGEF, TLGEF, DLGEF).
• Calculate Scope 2 emissions accurately for corporate GHG inventories.
• Report Scope 3 emissions if relevant (especially for CDP, ESG or carbon tax purposes).
• Incorporate GEFs into sustainability and ESG disclosures (e.g., TCFD, CDP, or integrated reports).
• Review electricity use and efficiency plans in light of grid carbon intensity trends.
• Prepare for rising expectations from investors and customers regarding emissions transparency.

2. Exporters to Regulated Markets (e.g., EU)

(Steel, aluminium, cement, chemicals, automotive components)

Actions Required:

• Use the NGGEF to calculate embedded emissions in exported products.
• Prepare for compliance with mechanisms like the EU Carbon Border Adjustment Mechanism (CBAM).
• Engage carbon consultants to assess potential trade risks from emissions-intensive electricity.
• Explore low-carbon energy sourcing to reduce exposure to export-related carbon pricing.

3. Listed Companies & Large Corporates

(JSE-listed companies, multi-site businesses, financial services with carbon disclosure obligations)

Actions Required:

• Incorporate updated GEFs into annual GHG reporting (as required by NGERs or ESG frameworks).
• Recalculate baseline emissions and decarbonisation targets to reflect updated grid data.
• Align with internal carbon pricing or carbon budgets using new grid intensity values.
• Disclose accurate electricity-related emissions in integrated reports and shareholder updates.

4. Government & Municipalities

(Municipal electricity distributors, national departments, local climate offices)

Actions Required:

• Use DGGEF for national GHG inventories and international reporting (e.g., to the UNFCCC).
• Incorporate GEFs into local climate action plans, Integrated Development Plans (IDPs), and sustainability strategies.
• Develop carbon budgets or GHG reduction targets informed by annual GEF trends.
• Use GEF data to inform infrastructure planning, such as prioritising low-carbon energy projects or retrofits.

5. Consultants, Auditors, and Carbon Advisors

(Sustainability, EHS, ESG, and energy advisory firms)

Actions Required:

• Apply the 2023 GEFs in client GHG inventories, carbon tax assessments, and carbon credit baselines.
• Train teams on the use of all four GEF types (DGGEF, NGGEF, TLGEF, DLGEF) and when to use each.
• Assist clients in Scope 2/3 emissions calculations using proper location-based factors.
• Support clients in international disclosures and trade-aligned reporting (e.g., CBAM readiness).

6. Energy Sector (Utilities, IPPs, Project Developers)

(Eskom, REIPPPP participants, wheeling providers)

Actions Required:

• Benchmark project emissions using the DGGEF for comparison.
• Communicate the low-carbon impact of renewable projects using updated national context.
• Use GEFs in environmental impact assessments (EIAs) or SED reports for new developments.
• Collaborate with DFFE on data submissions to improve accuracy in future GEF updates.

7. Academia & Research Institutions

(Universities, think tanks, climate modelers)

Actions Required:

• Integrate latest GEFs into modelling, LCA studies, and emissions scenarios.
• Support public policy and sector-specific decarbonisation strategies using GEF trends.
• Publish insights or recommendations on how shifting grid intensity affects national targets.

🛠️ Technical Action Summary (All Sectors)

LAW AND TYPE OF NOTICE

Subdivision of Agricultural Land Act:

Declaration of Statutory Body: Eskom National Transmission Company of South Africa (NTCSA)

G 53038 GoN 6447

25 July 2025

APPLIES TO: 

DIRECTLY AFFECTED INDUSTRIES:

1.     Electricity Transmission & Energy Infrastructure (Eskom NTCSA)

o   Eskom NTCSA is the primary body affected, gaining statutory status under SALA.

o   This allows it to bypass certain restrictions when acquiring or subdividing agricultural land for transmission line infrastructure, while still being subject to SALA when transferring land to private entities.

2.     Agriculture & Agribusiness

o   Particularly commercial farmers and agricultural landowners.

o   Agricultural land within Protected Agricultural Areas (PAAs) is shielded from substation development due to concerns about permanent loss of arable land.

3.     Land Development & Planning

o   Professionals involved in land subdivision, spatial planning, environmental assessment, and land-use regulation must now factor in this exemption for Eskom NTCSA, with special scrutiny over substations.

INDIRECTLY AFFECTED INDUSTRIES:

1.     Environmental Impact Consulting

o   Since micro-positioning and spatial footprint considerations are required, EIA consultantswill be involved in planning and impact mitigation.

2.     Legal & Land Use Advisory Services

o   Legal advisors, conveyancers, and land-use consultants need to interpret and apply the conditional exemption for Eskom, especially in cases where land may transfer to private hands.

3.     Rural Development & Infrastructure Construction

o   Contractors and consultants working on transmission line construction must comply with the Standard for the Development and Expansion of Electricity Transmission and Distribution Power Lines, especially regarding servitudes, vegetation clearing, and tower positioning.

4.     Forestry & Vegetation Management

o   Vegetation clearing within designated radii around towers affects forestry operations and biodiversity management, especially where indigenous or protected species may be present.

5.     Local Communities & Traditional Authorities

o   As per consultation requirements, landowners and communities in affected areas may face changes in land use, access, or compensation negotiations.

6.     Property Developers

o   Projects near or adjacent to transmission corridors or substations must consider implications for land value, land use limitations, and servitude rights.

This declaration enables Eskom NTCSA to carry out transmission infrastructure projects with fewer land subdivision constraints, but with strict conditions—particularly regarding substations in productive agricultural areas. As a result, the energy, agriculture, land planning, environmental, and legal sectors are all impacted, with implications for land rights, infrastructure expansion, and protection of finite agricultural resources.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. 6447 25 July 2025

DECLARATION OF STATUTORY BODY IN TERMS OF THE SUBDIVISION OF AGRICULTURAL LAND ACT, ACT NO. 70 OF 1970

NOTICE FOR PUBLIC

I, John Henry Steenhuisen, Minister for Agriculture has in terms of the power vested on me by section 1 (V) (C) of the Subdivision of Agricultural Land Act (SALA), Act No. 70 of 1970, declare the Eskom National Transmission Company of South Africa (NTCSA) as a statutory body for the purpose of the said Act as from the date of publication hereof.

These conditions must apply:

1. The Eskom NTCSA is exempted as statutory body as prescribed in Section 1 (c) of SALA. However, should the property in question at any given time, be transferred into private ownership, the prescripts of SALA will apply.

2. The Department acknowledges the role of Eskom NTCSA of enabling the transmission of electricity across the country including agriculture. However, the inclusion of substation as a transmission activity in the application is not supported due to its direct and indirect impact on the productive agricultural land i.e loss of productive land. Hence, applicable law to assess the magnitude of such impact are crucial to guide the development. Therefore, no substation must be in the Protected Agricultural Areas (PAA) without been subjected to its applications in terms of SALA on each basis due to its implications to spatial footprint with cumulative negative impacts and permanent land sealing and loss of finite land resource.

3. Transmission lines must be located within a registered servitude area, granting access for construction and maintenance.

4. Clearing vegetation within a specified radius around towers is mandatory, including removal of trees that could potentially come into contact with conductors.

5. Tower positioning is carefully planned to minimize environmental impacts, often using micro-positioning techniques to avoid sensitive areas.

6. Consultation with landowners and local communities is necessary to address concerns and reach agreements regarding the transmission line route.

7. Construction and operation of transmission lines must adhere to the “Standard for the Development and Expansion of Electricity Transmission and Distribution Power Lines” which outlines detailed requirements.

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

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

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

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

or Enquiries may be emailed to: SydneyS@dalrrd.gov.za alternatively (012) 319 7563

LINK TO FULL NOTICE

Subdivision of Agricultural Land Act: Declaration of Statutory Body: Eskom National Transmission Company of South Africa (NTCSA)

G 53038 GoN 6447

25 July 2025

53038gon6447.pdf

ACTION

1. Electricity Transmission / Eskom NTCSA

Action Steps:

• Align all new and existing projects with SALA conditions, especially the prohibition of substations in Protected Agricultural Areas (PAAs) without formal applications.
• Ensure tower placement and servitude acquisition are supported by proper micro-positioning and environmental considerations.
• Develop and follow consultation protocols for engaging with landowners and local communities.
• Establish an internal compliance team to manage conditions imposed by the Act and support ongoing engagements with DALRRD.
• Collaborate with environmental and land specialists to evaluate impacts on finite agricultural land.

2. Commercial Farmers / Agricultural Landowners

Action Steps:

• Review servitude agreements and proposed developments to ensure rights and land uses are protected.
• Engage early in consultations with Eskom or appointed contractors to negotiate fair compensation or impact mitigation.
• Challenge or appeal proposals that threaten productive land, especially within PAAs.
• Partner with agricultural unions or associations to lobby for stronger land-use protections and clearer zoning frameworks.

3. Land Use Planners / Developers / Surveyors

Action Steps:

• Update internal land development protocols to reflect Eskom NTCSA’s exemption and its limitations (e.g., substations still subject to SALA in PAAs).
• Include transmission infrastructure considerations in spatial development frameworks and EIA reports.
• Guide clients through the statutory requirements when planning subdivisions or infrastructure on or near agricultural land.

4. Environmental Consultants / EIA Practitioners

Action Steps:

• Ensure all proposed transmission developments undergo comprehensive environmental screening—especially in PAAs.
• Prepare site-specific environmental management plans (EMPs) addressing vegetation clearance, land sealing, biodiversity loss, and soil impacts.
• Support landowners and developers in conducting cumulative impact assessments, as required by the notice.

5. Legal & Property Advisors

Action Steps:

• Provide guidance on the legal implications of Eskom’s statutory body status, including its exemption scope and limitations.
• Assist landowners in drafting or reviewing servitude agreements, ensuring fair access rights and compensation mechanisms.
• Monitor land transfer scenarios where SALA applies again (i.e., when land moves from Eskom to private ownership).

6. Construction / Engineering Contractors

Action Steps:

• Implement the “Standard for the Development and Expansion of Electricity Transmission and Distribution Power Lines” in all design and construction activities.
• Train teams on vegetation management requirements and sensitive environmental construction methods.
• Work closely with Eskom and consultants to minimize disturbance during construction and adhere to landowner agreements.

7. Local Communities & Traditional Authorities

Action Steps:

• Actively participate in public consultation processes, requesting clear communication and community benefits where applicable.
• Monitor proposed developments for compliance with protected land status or cultural sensitivity.
• Leverage traditional structures to negotiate community-level agreements or compensation for disruptions.

Overall Recommendations for All Stakeholders:

• Monitor regulatory developments around SALA and land-use policy.
• Document all engagements and agreements in writing for transparency and dispute prevention.
• Promote inter-sectoral collaboration between agriculture, energy, and environmental sectors to strike a sustainable balance between development and land protection.

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

Climate Change Act:

Second Nationally Determined Contribution for the Republic of South Africa: Comments invited

G 53092 GoN 6460

– Comment by 29 Aug 2025

30 July 2025

APPLIES TO: 

Industries Directly Affected:

1. Energy & Electricity Generation

• Coal-based generation (Eskom and IPPs) is a primary target for decarbonisation.
• Renewables (solar, wind, hydro, etc.) are positioned to benefit from transition incentives.
• Impact: Increased pressure to decarbonise, reduce emissions intensity, and align with Just Transition goals.

2. Mining and Minerals Sector

• Especially coal, platinum, iron ore, and gold operations.
• Impact: Face growing carbon disclosure requirements, energy transition expectations, and possible restrictions or disincentives on fossil fuel extraction and use.

3. Petroleum, Chemicals & Refineries

• Including Sasol, petrochemical producers, and synthetic fuel industries.
• Impact: Expected to reduce emissions or implement large-scale carbon capture, fuel switching, or operational changes.

4. Heavy Industry & Manufacturing

• Steel, cement, aluminium, fertiliser, and glass manufacturing are high-emitting sectors.
• Impact: Subject to stricter carbon budgets, efficiency requirements, and potentially sector-specific targets.

5. Transport Sector

• Particularly aviation, freight, and road transport.
• Impact: Shift toward low-emission vehicles (e.g., EVs), alternative fuels (e.g., green hydrogen), and electrification will be encouraged.

Industries Indirectly Affected:

6. Agriculture, Forestry and Land Use (AFOLU)

• Affected through targets for carbon sequestration, land restoration, and methane reduction.
• Impact: Must align with emissions reduction practices, soil carbon enhancement, and biodiversity-friendly methods.

7. Financial Services & Investment

• Banks, insurers, asset managers, and ESG investors.
• Impact: Will be required to incorporate climate risk, align portfolios with NDC targets, and disclose financed emissions (Scope 3).

8. Construction & Property Development

• Green building requirements and carbon footprint standards are likely to tighten.
• Impact: Increased focus on low-carbon materials, energy efficiency, and sustainable design standards.

9. Export-Driven Industries

• Manufacturers, agri-processors, and extractives exporting to carbon-regulated markets (e.g., the EU).
• Impact: Must meet international climate-related trade requirements such as CBAM (Carbon Border Adjustment Mechanism).

10. Logistics and Shipping

• Transporting emissions-intensive goods across domestic and export routes.
• Impact: Encouraged to adopt cleaner fuels, route efficiencies, and emissions tracking systems.

Summary Table

Overall Implications

The draft NDC is designed to:

• Advance South Africa’s decarbonisation commitments in line with the Paris Agreement.
• Trigger wide-scale transformation across energy, industry, and infrastructure sectors.
• Support a Just Transition by balancing climate action with developmental priorities.

SUMMED UP

What Is This?

This notice presents the draft Second Nationally Determined Contribution (NDC) of South Africa, published for public comment by 29 August 2025. The NDC is South Africa’s formal climate commitment under the Paris Agreement, submitted to the United Nations Framework Convention on Climate Change (UNFCCC).

The draft outlines updated emissions reduction targets and strategies for the period 2025–2035, aligned with the Climate Change Act and South Africa’s broader climate policy.

Key Highlights from the Draft NDC:

1. Emissions Reduction Targets

• South Africa commits to peak, plateau, and decline in emissions, as first outlined in its 2011 National Climate Response Policy.

• The draft strengthens the emissions trajectory range, aiming to reduce greenhouse gas (GHG) emissions to:
  • 398–510 Mt CO₂e by 2025, and
  • 350–420 Mt CO₂e by 2030.

• A new 2035 milestone is introduced to continue the decline:
  • 285–395 Mt CO₂e by 2035.

2. Just Transition Focus

• Recognises South Africa’s high unemployment, poverty, and inequality, and commits to a Just Transition that is socially inclusive and developmentally beneficial.
• Emphasises the protection of vulnerable workers and communities during the energy transition.

3. Sectoral Priorities

• Energy and electricity: Rapid decarbonisation through renewables and storage.
• Transport: Transition to electric and low-emission vehicles.
• Industry: Cleaner production, especially in steel, cement, and chemicals.
• AFOLU (Agriculture, Forestry, and Other Land Use): Land restoration, sustainable practices, and carbon sinks.

4. Support Needs

• South Africa requires international finance, technology, and capacity-building to meet its NDC targets.
• Implementation is conditional on adequate and predictable support from global partners.

5. Monitoring and Reporting

• Commitments will be tracked under the National Climate Change Monitoring and Evaluation (M&E) System.
• Regular progress updates will be submitted to the UNFCCC.

Public Participation

The draft is open for public comment until 29 August 2025.

Comments should be submitted to the Department of Forestry, Fisheries and the Environment (DFFE)using the channels provided in the Gazette.

Why It Matters

• Sets the course for South Africa’s climate action over the next decade.
• Aligns with national policies, including the Climate Change Bill, Just Transition Framework, and Green Industrial Policy.
• Impacts a wide range of sectors and stakeholders across the economy, especially those with significant carbon footprints.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Climate Change Act: Second Nationally Determined Contribution for the Republic of South Africa: Comments invited

G 53092 GoN 6460

– Comment by 29 Aug 2025

30 July 2025

53092gon6460.pdf

ACTION

Ensure that you submit your comments before 29 August 2025.

LABOUR

LAW AND TYPE OF NOTICE

LABOUR LAWS: VARIOUS

LINK TO FULL NOTICE

Labour Relations Act: Bargaining Council for Furniture Manufacturing Industry KwaZulu-Natal: Main Collective Agreement: Cancellation

G 53089 RG 11857 GoN 6458

29 July 2025

53089rg11857gon6458.pdf

Labour Relations Act: Intention to cancel registration of trade union: Information Communication Technology Union (ICTU): Comments invited

G 53085 RG 11856 GoN 6456

– Comment by 26 Sep 2025

28 July 2025

53085rg11856gon6456.pdf

LAND

LAW AND TYPE OF NOTICE

Constitution Twenty-Second Amendment Bill:

Explanatory summary: Comments invited

G 53086 GeN 3400

– Comment by 27 Aug 2025

28 July 2025

APPLIES TO: 

INDUSTRIES DIRECTLY AFFECTED:

1. Agriculture and Agribusiness

• Commercial farms, agri-processors, and agritech ventures.
• Impact: Direct exposure to land redistribution or expropriation; possible changes in land tenure models, especially in large-scale commercial farming areas.

2. Real Estate and Property Development

• Residential, commercial, and industrial developers, land banks, and estate agents.
• Impact: Uncertainty around land rights and title security may affect investment, development timelines, land valuation, and project finance.

3. Mining and Extractive Industries

• Mining companies operating under mining rights on privately-owned or communal land.
• Impact: May be affected by redefinition of land ownership, traditional custodianship, and state control over mineral-rich lands.

4. Financial Services and Banking

• Banks, insurers, and pension funds with land-backed loans, mortgages, or property portfolios.
• Impact: Potential threat to collateral value, increased lending risk, and implications for secured financing if land ownership rights are restructured.

5. Forestry and Conservation

• Private forestry companies, nature reserve managers, eco-tourism operations on private land.
• Impact: May be subject to custodial frameworks, reclassification of land rights, and altered conservation leasing or use models.

INDUSTRIES INDIRECTLY AFFECTED:

6. Tourism and Hospitality

• Lodges, hotels, and adventure tourism on land currently under private or concession arrangements.
• Impact: Land tenure insecurity may affect foreign and local investment in eco-tourism ventures.

7. Renewable Energy Sector

• Independent Power Producers (IPPs) needing land for solar, wind, and storage projects.
• Impact: Lease or purchase arrangements may need to be renegotiated under a custodianship model; investment risk perception may increase.

8. Construction and Infrastructure

• Engineering firms, contractors, and housing delivery entities that rely on long-term land development rights.
• Impact: Project feasibility, cost, and delivery schedules could be affected if land access or use rights are disrupted.

9. Legal and Advisory Services

• Property lawyers, conveyancers, land rights consultants, and mediators.
• Impact: Increased demand for advisory services, dispute resolution, and interpretation of constitutional changes and new land law.

BROADER SOCIOECONOMIC SECTORS AFFECTED:

• Traditional and Khoi-San Leadership Structures
  • Gain formal recognition and authority in land custodianship.

• Land Restitution and Land Reform Stakeholders
  • Beneficiaries of extended cut-off date (to 6 April 1652) will be directly affected in claims and restitution processes.

• Investors (Local and Foreign)
  • Policy uncertainty could influence decisions around long-term investments, especially in resource-based sectors.

Summary Table

DETAILS

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

MR MZWANELE MANYI

NOTICE OF INTENTION TO INTRODUCE A PRIVATE MEMBER’S BILL, 2025, AND INVITATION FOR COMMENT

Hon Mzwanele Manyi, MP, acting in accordance with section 73(2) of the Constitution of the Republic of South Africa, 1996, intends to introduce the Constitution Twenty- Second2 Amendment Bill (“the Bill”), in Parliament. An explanatory summary of the Bill is hereby published in accordance with Rule 295(2)(a) of the Rules of the National Assembly (9th Edition).

The Bill seeks to amend section 25 of the Constitution to address the historical injustice of land dispossession dating from 6 April 1652, and to correct the structural legacy of inequality in land ownership. The Bill proposes a transformative reconstitution of land relations by affirming the collective ownership of land and natural resources by the people of South Africa and establishing a framework of custodianship by the democratic state and traditional authorities.

The purpose is to enable expropriation of land without compensation for a public purpose or in the public interest through the enactment of a law of general application and to extend the restitution cut-off date to 6 April 1652. The Bill seeks to recognise land as a collective national heritage held in custodianship and affirm the role of traditional and Khoi-San leadership in the custodianship and administration of land. The Bill will provide for the repeal of the current section 25 upon the enactment of the enabling legislation.

Interested parties and institutions are invited to submit written representations on the proposed content o f t h e Bill to the Speaker of the National Assembly within 30 days of the publication of this notice. Representations can be delivered to the Speaker, Africa House Building, Cape Town; mailed to the Speaker, PO Box 15, Cape Town, 8000; or emailed to speaker@parliament.gov.za and copied to Amngxitama@parliament.gov.za and mmanyi@parliament.gov.za.

Copies of the Bill may be obtained upon request from mmanyi@parliament.gov.za.

LINK TO FULL NOTICE

Constitution Twenty-Second Amendment Bill: Explanatory summary: Comments invited

G 53086 GeN 3400

– Comment by 27 Aug 2025

28 July 2025

53086gen3400.pdf

ACTION

Ensure that you submit your comments before 27 August 2025.

LEGAL SECTOR

LAW AND TYPE OF NOTICE

Legal Practice Act:

Legal Services Ombud Rules: Correction

G 53038 GoN 6452

25 July 2025

APPLIES TO: 

INDUSTRIES DIRECTLY AFFECTED:

1. Legal Profession

• Attorneys, advocates, law firms, candidate legal practitioners, and in-house legal teams.
• Impact: Subject to direct scrutiny, investigations, and potential disciplinary processes by the Ombud. Legal professionals must comply with complaint procedures, ethics rules, and cooperate with inquiries.

2. Legal Regulatory Bodies

• Legal Practice Council (LPC) and its Investigating Committees.
• Impact: The Ombud is empowered to monitor LPC processes, refer complaints, and initiate investigations parallel to LPC processes. May result in overlapping accountability frameworks.

3. Dispute Resolution Services

• Mediators, arbitrators, and negotiators operating within or alongside legal practice.
• Impact: The Ombud uses mediation, conciliation, and negotiation to resolve disputes — affecting how these professionals engage or are substituted in legal disputes.

INDUSTRIES INDIRECTLY AFFECTED:

4. Financial and Insurance Services (Professional Indemnity)

• Insurers covering legal malpractice or professional indemnity for lawyers.
• Impact: May face an increased volume of claims or need to adjust risk premiums based on reported trends from Ombud investigations.

5. Corporate and Public Sector Legal Departments

• Entities that procure or rely on external legal services (e.g., SOEs, municipalities, banks, corporates).
• Impact: May be involved in Ombud investigations or refer complaints if they experience unethical or incompetent legal service. Can also be called as affected parties.

6. Judiciary and Court Services

• Though independent, the courts may intersect with Ombud outcomes where misconduct impacts litigation, case handling, or professional conduct in proceedings.
• Impact: Could receive referrals or requests for information; Ombud findings may influence future case assessments.

7. Legal Education and Training Institutions

• Universities and bar training providers.
• Impact: May need to revise professional ethics curricula and prepare candidates for a legal environment with enhanced oversight and accountability.

OTHER STAKEHOLDERS IMPACTED:

8. Complainants and the General Public

• Any member of the public or entity engaging legal practitioners.
• Impact: Gain clearer, structured access to remedy and redress mechanisms for unethical or incompetent legal services.

9. Government Departments & SOEs

• Especially those engaged in large-scale procurement of legal advice.
• Impact: Will need to monitor legal service providers more closely and may participate in referrals or Ombud processes.

SUMMED UP

What Is It?

This notice publishes the official rules governing the Office of the Legal Services Ombud. The Ombud is an independent body created to investigate complaints against legal practitioners and ensure the ethical and professional conduct of the legal profession in South Africa.

The rules set out the procedures for lodging, investigating, resolving, and reporting on complaints and enable the Ombud to act either upon receiving a complaint or on its own initiative.

Key Functions of the Ombud:

• Investigate complaints against attorneys, advocates, or candidate legal practitioners.
• Monitor the conduct and fairness of investigations by the Legal Practice Council (LPC).
• Facilitate mediation, conciliation, or negotiation to resolve disputes.
• Refer complaints to relevant regulatory bodies where necessary.
• Conduct inquiries, summon documents or witnesses, and issue findings.
• Report annually on performance and investigations.

Notable Procedures Established in the Rules:

1. Lodging Complaints

• Must be in writing, using the prescribed Form 1.
• Can be submitted by email, hand delivery, or registered post.
• Must include all relevant facts and be signed by the complainant.
• The Ombud issues a reference number within 5 days and assesses the complaint within 30 days.

2. Investigation Process

• The Ombud may conduct inquiries using correspondence, interviews, document analysis, or hearings.
• Parties may be summoned to appear or provide documents.
• Investigations are to be concluded within 90 days unless more time is justified.

3. Dispute Resolution

• The Ombud can initiate and facilitate mediation, conciliation, or negotiation.
• If successful, settlements are recorded and signed by both parties and the Ombud.
• If unsuccessful, the Ombud resumes the investigation.

4. Summons and Service

• The Ombud may issue and serve summons to individuals or entities.
• Service can be by hand, electronically, or via the sheriff.
• Substituted service is permitted if all reasonable efforts to serve fail.

5. Reporting and Outcomes

• Findings are shared with the complainant and relevant parties within 30 days of finalisation.
• Proceedings and investigations are confidential, except where disclosure is legally required.

6. Monitoring Role

• The Ombud monitors how the Legal Practice Council conducts investigations.
• Ensures procedural fairness and protection of parties’ rights.

Governance and Oversight

• The Ombud is guided by a Five-Year Strategic Plan and produces an Annual Performance Plan (APP).
• Annual reports are submitted in line with the Legal Practice Act and the Public Finance Management Act (PFMA).

Why This Matters

• Establishes a transparent and independent mechanism for handling complaints in the legal sector.
• Promotes accountability, ethical conduct, and access to justice.
• Offers an alternative to formal litigation for resolving legal service disputes.

FULL TEXT

DETAILS

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

NO. 6452 25 July 2025

OFFICE OF THE LEGAL SERVICES OMBUD

LEGAL PRACTICE ACT, 2014 (ACT NO. 28 OF 2014) LEGAL SERVICES OMBUD RULES

 The Legal Services Ombud has, in terms of section 95(2) of the Legal Practice Act, 2014 (Act No. 28 of 2014), made the Rules as set out in the Schedule.

SCHEDULE

TABLE OF CONTENTS

·       DEFINITIONS

·       PURPOSE OF RULES AND FUNCTIONS OF THE OMBUD

·       LODGING AND PROCESSING OF COMPLAINTS

·       REFERRALS IN TERMS OF SECTION 48 OF THE ACT

·       NOTICE TO AFFECTED PARTIES OF DECISION BY OMBUD TO INVESTIGATE

·       PROCEDURE FOR INVESTIGATION

·       FORMAT AND PROCEDURE FOLLOWED IN RESPECT OF AN INVESTIGATION IN

·       TERMS OF SECTION 14(2) OF THE ACT

·       PROCEDURE IN RESPECT OF AN OWN INITIATIVE INVESTIGATION

·       REQUEST FOR INFORMATION AND PRODUCTION OF DOCUMENTS

·       SUMMONS

·       SERVICE OF SUMMONS

·       SUBSTITUTED SERVICE

·       PROCEDURE BEFORE COMMENCEMENT OF AN INQUIRY

·       MEDIATION, CONCILIATION AND NEGOTIATION

·       SETTLEMENT

·       REPORTING OF FINDINGS

·       ESTABLISHMENT AND MAINTENANCE OF LAY PERSONS’ LIST

·       MONITORING IN TERMS OF SECTION 42 OF THE ACT

·       GENERAL PROVISIONS

·       ANNUAL REPORT

DEFINITIONS

1. In these Rules, any word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context indicates otherwise-

”Annual Performance Plan” means a document that outlines the goals, objectives and performance indicators and targets that the organisation aims to achieve over the course of the year;

”complaint” means a complaint made or referred to the Ombud in terms of section 48 of the Act;

“complainant” means any person who, or entity which, lodges a complaint with the Ombud in terms of section 48 of the Act;

“Council” means the South African Legal Practice Council established in terms of section 4 of the Act;

“day” means any day that excludes a Saturday, Sunday, or public holidays;

“dispute” means a dispute as referred to in section 48 of the Act;

“dispute resolution” means to endeavour to resolve a dispute or rectify any act or omission by means of mediation, conciliation, negotiation, the giving of advice or any other means considered expedient by the Ombud;

“inquiry” means the process of obtaining information and documentation as set out in section 48(2) of the Act;

“investigation” means an investigation as referred to in sections 14(2) and 48(1)(a) of the Act and may include an inquiry;

“lay person” means a person appointed in terms of Section 37(5)(e)(ii) of the Act;

“parties” means a complainant, a respondent, witness and any person or entity who may be affected by the outcome of the investigation;

“referral” means submitting to the bodies or authorities, as referred to in section 48, any aspect of a complaint which has a bearing on such entity; and

“the Act” means the Legal Practice Act, 2014 (Act No. 28 of 2014)

PURPOSE OF RULES AND FUNCTIONS OF THE OMBUD

2. The purpose of the Rules is to regulate the procedure for the execution by the Ombud, of its mandate and functions as referred to in Section 46 of the Act.

PART A

LODGING AND PROCESSING OF COMPLAINTS

3. (1) Every complaint shall—

(a) be in writing on Form 1 in Annexure 1 to these Rules;

(b) set out the complaint in clear and concise terms;

(c) state the material facts on which the complaint is based; and

(d) be signed by the complainant.

(2) The complaint shall be submitted to the Ombud –

(a) by hand delivery during office hours to any of the offices of the Ombud;

(b) by emailing it to OLSOenquiries@justice.gov.za; or

(c) by registered post to Spooral Park Building, 2007 Lenchen Avenue South, Centurion Central, 0157.

(3) The Ombud shall, within five days of receipt of the complaint, register the complaint and issue a reference number to the complainant: Provided that all the information required for assessment is available.

(4) The Ombud shall, within 30 days after the issue of a reference number, assess the complaint to determine whether the complaint falls within its mandate in terms of section 48 (1)(a) of the Act.

(5) The Ombud shall, within 10 days of the assessment referred to in sub-rule (4), inform the complainant in writing of the outcome of the assessment.

(6) If the Ombud is unable to comply with the timeframes set out in sub-rules (3) to (5), the complainant shall be informed of the delay and indicate the period in which the Ombud shall comply.

REFERRALS IN TERMS OF SECTION 48 OF THE ACT

4. If a referral is made in terms of section 48(1)(c) of the Act, the Ombud may –

(a) within 10 days of the referral notify the person or persons whom the Ombud deems advisable, in writing, of the referral; and

(b) notwithstanding the referral, decide whether to proceed with an investigation.

NOTICE TO AFFECTED PARTIES OF DECISION BY OMBUD TO INVESTIGATE

5. (1) The Ombud shall notify all affected parties, in writing, of the decision to investigate within 10 days of such decision.

(2) Should the Ombud become aware of the potential involvement of additional affected parties to the complaint, the Ombud shall notify such parties, in writing, within 10 days of becoming aware of such affected parties.

PROCEDURE FOR INVESTIGATION

6. (1) Unless otherwise determined by the Ombud, the format of the investigation may include the following or any combination thereof:

(a) Communication by telephone, letter, email or any other form of correspondence;

(b) meetings with affected parties or persons reasonably believed to have information relevant to the investigation;

(c) appearance of a person before the Ombud, physically or virtually, for purposes of obtaining or clarifying information or to produce any document in terms of section 48(2) of the Act;

(d) examining and copying records or documents relevant to the investigation which are in possession or under the control of a party; and

(e) a public hearing to obtain input or comment on a subject of general or broad public concern.

(2) The Ombud may, in addition to any other means as he or she may deem fit, obtain information for purposes of the investigation in the following ways or any combination thereof:

(a) A statement by a party, at the request of the Ombud, providing reasons for their act or omission;

(b) a statement, providing information relating to a matter inquired about by the Ombud, by a party or any other person reasonably believed to have information relevant to the matter; and

(c) information obtained by the Ombud in attending any hearing or proceedings relevant to the investigation.

(3) A person summonsed to furnish documents shall appear before the Ombud at a time and place specified in the summons with the book, document or other object requested.

(4) The Ombud must conclude an investigation within 90 days after assessment of the complaint unless there are circumstances justifying a longer period.

(5) The Ombud must, if the investigation cannot be concluded within the period referred to in sub-rule (4), inform the complainant of this fact and of the circumstances justifying a longer period and indicate the time period in which the investigation will be finalised.

FORMAT AND PROCEDURE FOLLOWED IN RESPECT OF AN INVESTIGATION IN TERMS OF SECTION 14(2) OF THE ACT

7. The procedures as set out in Rule 6 apply in respect of an investigation conducted by the Ombud in terms of Section 14(2) of the Act.

PROCEDURE IN RESPECT OF AN OWN INITIATIVE INVESTIGATION

8. The procedures as set out in Rule 6 apply in respect of an investigation conducted by the Ombud on an own initiative.

REQUEST FOR INFORMATION AND PRODUCTION OF DOCUMENTS

9. (1) The Ombud may request information in writing from a person who has information on the subject of the investigation or who has in his or her possession or under his or her control any book, document or other object relating to the investigation.

(2) Should the person fail to comply with a request in terms of sub-rule (1), the Ombud may issue a summons against that person to ensure compliance.

SUMMONS

10. (1) A summons as contemplated in section 48(3)of the Act shall be in accordance with Form 2 in Annexure 2 to these Rules.

(2) The summons shall state the address of the person required to appear where such summons shall be served.

(3) In the case of an email address, the summons shall state the email address as furnished in the course of the investigation by the person to be summonsed.

(4) Where the information, book, document or other object is required from a juristic entity or trust the summons shall stipulate the director, official or trustee who is required to appear.

SERVICE OF SUMMONS

11. (1) Service of summons may be effected by means of-

(a) delivery by hand by an official of the Office of the Legal Services Ombud at the address for service given in the summons;

(b) electronically by an official of the Office of the Legal Services Ombud, in which event the provisions of Chapter III) of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) shall apply; or

(c) by the sheriff of the court.

(2) Service as contemplated in sub-rule 1 shall be deemed to be properly effected if service of the summons took place –

(a) by serving a copy of the summons on the person named in the summons, personally-

(i) at the residence or place of business of the person named in the summons to someone not less than 16 years of age and residing on or employed on the premises; or

(ii) at the place of employment of the person named in the summons or to someone not less than 16 years of age and in authority over the person to be served or, in the absence of such person in authority, to someone not less than 16 years of age and in charge at his or her place of employment.

(b) by delivering a copy of the summons to any agent who is duly authorised, in writing, to accept service on behalf of the person upon whom service is to be effected.

(3) Juristic entities or trusts may be served by delivery of the summons at the local office or place of business of such entity or, in the absence of such office or place of business, by service on the director, trustee, chairperson, official or similar officer thereof in any manner prescribed in the Rules.

(4) The person serving a summons shall, on request of the person being served, present the original summons, except where summons is served electronically.

(5) All forms of service shall be effected, as near as possible, between the hours of 7:00 and 17:00.

(6) Summons shall not be served on a Saturday, Sunday or public holiday.

(7) Service on a person called to an inquiry shall be effected within a reasonable time, but no less than 10 days before attendance is required.

SUBSTITUTED SERVICE

12. (1) In the event that the service of a summons, as contemplated in Rule 10, cannot be carried out, and all reasonable avenues to locate a person for service of the summons have been exhausted, service shall be effected by-

(a) placing an advertisement in an English publication circulating in the area in which the person resides; and

(b) where appropriate, in any other official language.

(2) Proof of publication shall be a copy of the whole page containing the advertisement or a cutting thereof indicating the paper and date of publication.

PROCEDURE BEFORE COMMENCEMENT OF AN INQUIRY

13. The Ombud shall explain to a person who has been summonsed before the inquiry-

(a) the purpose of the inquiry;

(b) the inquisitorial nature of the inquiry;

(c) the procedure that will be followed;

(d) the confidentiality of the inquiry; and

(e) that the proceedings will be recorded.

MEDIATION, CONCILIATION AND NEGOTIATION

14. (1) In mediating the dispute, the Ombud shall facilitate discussions between the parties to enable the parties to arrive at a mutually suitable resolution of the dispute.

(2) In conciliating the dispute, the Ombud shall guide and advise the parties to enable the parties to arrive at a mutually suitable resolution of the dispute.

(3) In negotiating a settlement, the Ombud shall recommend proposals to resolve the dispute.

(4) The Ombud or the parties may propose, either in writing or orally, that the dispute be attempted to be resolved by mediation, conciliation or negotiation, either at the commencement of or during an investigation.

(5) Should the parties agree to attempt to resolve the dispute as referred to in sub-rule (4), the agreement shall be reduced to writing and signed by the parties and confirmed by the Ombud.

(6) Pending finalisation of mediation, conciliation or negotiation between the parties, the investigation shall be suspended: Provided that, should the dispute not be resolved within a reasonable time, to be determined in the sole discretion of the Ombud, or should any party withdraw from the dispute resolution process, the investigation shall resume and continue or the Ombud may deal with the matter by any other means that may be expedient in the circumstances.

SETTLEMENT

15. If a settlement is reached between the parties at any stage of the investigation, whether through mediation, conciliation, or negotiation or otherwise

(a) the terms of the agreement shall be reduced to writing, and such agreement shall be signed by the parties;

(b) the agreement shall be concluded and signed under the supervision and direction of the Ombud; and

(c) the original signed agreement shall be kept by the Ombud.

REPORTING OF FINDINGS

16. (1) Upon conclusion of the investigation, the Ombud shall prepare a report, recommendation, finding or point of view.

(2) The Ombud shall, within 30 days after the compilation of the report contemplated in section 48(6)(b), make it available to the complainant and to any person or body implicated thereby

ESTABLISHMENT AND MAINTENANCE OF LAY PERSONS’ LIST

17. (1) The Ombud shall establish and maintain the lay persons’ list.

(2) The Ombud may, in maintaining the lay persons’ list, withdraw the appointment of a lay person if the Ombud becomes aware that the person no longer meets the criteria set by the Ombud or a concern is raised by the Council regarding the conduct of such a lay person.

MONITORING IN TERMS OF SECTION 42 OF THE ACT

18. The Ombud may monitor the following processes by any Investigating Committee:

(a) The procedures followed by Investigating Committees;

(b) the protection of the rights of parties during the investigation; and

(c) the adequacy and fairness of the investigative process.

GENERAL PROVISIONS

19. (1) All inquiries shall be recorded mechanically unless the circumstances dictate otherwise.

(2) All proceedings during an investigation shall be confidential except where such disclosure is required by law.

PART B

ANNUAL REPORT

20. (1) The organisational performance of the Ombud shall be driven by a five- year strategic plan, the outlined mandate of the Ombud and strategic priorities. This will inform the Annual Performance Plan (APP).

(2) The Annual Performance Plan shall form the basis for the annual reports of accounting officers in terms of section 52 of the LPA as well as section 40(1)(d) and (e) of the PFMA.

SHORT TITLE AND COMMENCEMENT

These Rules shall be called the Legal Services Ombud Rules, and shall come into operation on the date of publication in the Gazette.

LINK TO FULL NOTICE

Legal Practice Act: Legal Services Ombud Rules: Correction

G 53038 GoN 6452

25 July 2025

53038gon6452.pdf

ACTION

Actions for Legal Practitioners, Law Firms, and Advocates

1. Implement Internal Complaint Response Protocols

• Develop a standard operating procedure (SOP) for responding to Ombud complaints and summonses.
• Train staff to recognise and escalate Ombud-related communication promptly.

2. Enhance Ethical and Professional Conduct

• Review and reinforce ethical guidelines and professional responsibility standards internally.
• Conduct annual compliance and ethics training for all staff, including candidate attorneys.

3. Maintain Accurate Records

• Ensure well-documented files, correspondence, and client communications to support any inquiry or investigation.
• Store data in formats that are readily accessible and legally admissible.

4. Engage Proactively in Dispute Resolution

• Embrace mediation, conciliation, and negotiation as recommended by the Ombud.
• Designate an internal liaison officer for client complaints and ADR processes.

Actions for Legal Practice Council & Regulatory Bodies

5. Align Investigative Procedures with Ombud Expectations

• Ensure transparency and procedural fairness in all investigations.
• Prepare for monitoring by the Ombud in terms of process, fairness, and rights protection.

6. Share Information Efficiently

• Build clear channels for referrals and information sharing between the LPC and the Ombud.

Actions for Financial and Insurance Institutions (Legal PI Cover Providers)

7. Reassess Legal Risk Profiles

• Anticipate an increase in formal complaints and investigations.
• Update underwriting criteria for legal firms’ indemnity coverage accordingly.

8. Offer Support Tools to Insured Legal Practices

• Provide risk management toolkits for client handling, dispute resolution, and records management.
• Consider premium incentives for firms with active compliance protocols.

Actions for Corporate Legal Departments and In-House Counsel

9. Conduct Due Diligence on Legal Service Providers

• Ensure legal firms contracted by the organisation uphold high professional standards.
• Include clauses on cooperation with the Ombud in SLAs or panel agreements.

10. Know How to File a Complaint

• Familiarise in-house counsel with the complaint procedure and thresholds for referral.
• Act swiftly if unethical conduct is observed during litigation, transactions, or advisory engagements.

Actions for Legal Education & Training Institutions

11. Update Curricula

• Incorporate Legal Services Ombud procedures into law degrees and Bar courses.
• Use real Ombud cases (where anonymised) to teach ethics and professional accountability.

Actions for the General Public and Business Clients

12. Understand Your Rights

• Know how to file a complaint and what to expect from the Ombud process.
• Use this mechanism for accessible and fair dispute resolution with legal practitioners.

Summary: Action Matrix

MEDICAL

LAW AND TYPE OF NOTICE

Pharmacy Act: Criteria to accredit a course to be completed by foreign qualified pharmacy technicians:

Comments invited

G 53038 BN 812

– Comment by 24 Aug 2025

25 July 2025

APPLIES TO: 

1. Pharmacy Education and Training Institutions

• Universities, colleges, and private training providers offering pharmacy technician bridging or equivalency courses.
• Impact: These institutions must align their curricula and assessment frameworks with the newly accredited criteria if they wish to offer courses to foreign-qualified technicians.

2. Healthcare Facilities and Pharmacies

• Community pharmacies, hospital pharmacies, and clinic dispensaries employing or intending to employ foreign-qualified pharmacy technicians.
• Impact: These employers must ensure that foreign-qualified staff complete accredited bridging programs in order to be recognised by the SAPC.

3. Regulatory and Professional Bodies

• South African Pharmacy Council, Health Professions Council of South Africa (HPCSA), and related accreditation bodies.
• Impact: Will need to apply and enforce the updated accreditation criteria and ensure consistency in professional registration.

4. Recruitment and Staffing Agencies (Healthcare)

• Especially those that recruit foreign-qualified pharmacy technicians for placement in South Africa.
• Impact: Agencies must be aware of the new course accreditation requirements to inform and guide candidates correctly.

5. Foreign-Trained Pharmacy Professionals

• Individuals who qualified as pharmacy technicians outside of South Africa and seek to practice locally.
• Impact: Must now complete SAPC-accredited courses to be considered for registration and employment.

6. Government Health Departments

• Particularly the National Department of Health and provincial health departments.
• Impact: Must adapt workforce planning and training programs for pharmacy personnel sourced from outside South Africa.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Pharmacy Act: Criteria to accredit a course to be completed by foreign qualified pharmacy technicians: Comments invited

G 53038 BN 812

– Comment by 24 Aug 2025

25 July 2025

53038bn812.pdf

ACTION

Ensure that you submit comments by 24 August 2025.

STANDARDS

LAW AND TYPE OF NOTICE

Standards Act:  Various

LINK TO FULL NOTICE

Standards Act: Standards matters: Comments invited

G 53038 GeN 3386

– Comment by 22 Sep 2025

25 July 2025

53038gen3386.pdf

Standards Act: Standards matters: Comments invited

G 53083 GeN 3399

– Comment by 28 Aug 2025

25 July 2025

53083gen3399.pdf

TRANSPORTATION

LAW AND TYPE OF NOTICE

Road Accident Fund Act:

Board of the Road Accident Fund: Nominations invited

G 53082 GeN 3398

– Comment by 11 Aug 2025

28 July 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Road Accident Fund Act: Board of the Road Accident Fund: Nominations invited

G 53082 GeN 3398

– Comment by 11 Aug 2025

28 July 2025

53082gen3398.pdf

LAW AND TYPE OF NOTICE

Road Accident Fund Act:

Adjustment of statutory limit in respect of claims for loss of income and loss of support from 31 January 2025

G 53038 BN 813

25 July 2025

FULL TEXT

DETAILS

BOARD NOTICE 813 OF 2025

ROAD ACCIDENT FUND

ADJUSTMENT OF STATUTORY LIMIT IN RESPECT OF CLAIMS FOR LOSS OF INCOME AND LOSS OF SUPPORT

The Road Accident Fund hereby, in accordance with section 17(4A)(a) of the Road Accident Fund Act, No. 56 of 1996, adjusts and makes known that the amounts referred to in subsection 17(4)(c) are hereby adjusted to R373 822.00, with effect from 31 July 2025, to counter the effects of CPI inflation.

Note: The CPI index based on the new “basket and weights” was used to calculate this adjustment, effective from 31 July 2025 (with base year December 2024 = 100). The CPI index for May 2008 was 43.7 due to the December 2024 rebasing. The CPI index for May 2025 was 102.1. This adjustment was calculated by multiplying the R 160 000 limit by 102.1/43.7.

LINK TO FULL NOTICE

Road Accident Fund Act: Adjustment of statutory limit in respect of claims for loss of income and loss of support from 31 January 2025 (English / Afrikaans)

G 53038 BN 813

25 July 2025

53038bn813.pdf

SOUTH AFRICA

FlySafair challenges foreign ownership ruling amid license threat and price concerns

FlySafair fights for survival as ownership dispute threatens licence – industry braces for ripple effects

FlySafair owner Safair Operations is challenging a decision that its ownership structure is noncompliant with South African regulations, News24 reports.

In South Africa, the International Air Services Licencing Act limits foreign ownership of South African airlines to 25%.

However, Ireland-based ASL Aviation owns nearly 75% of FlySafair’s shares through its subsidiaries or directly.

This led to submissions from competitors like Airlink and Global Airways, which launched Lift, a competitor to FlySafair, in late 2020.

As a result, the International Air Services Licensing Council (IASLC) threatened the airline with sanctions in late 2024, which included a suspension or cancellation of its licence.

FlySafair filed an urgent interdict against the ruling, and the airline was given 12 months to resolve its ownership structure, which ends in December.

News24 reported that the airline’s challenge to the AISLC’s decision revolves around the difference in interpretation of “ownership” and “control.”

Daily Maverick reported in early 2024 that Safair Operations, the company under which FlySafair trades, is divided into three parts.

25% of the company is owned by Safair Holdings, 25.14% by B4i Safair, and 49.86% by a South African registered trust. Global Airways and Airlink claim B4i Safair’s stake is the only applicable local ownership.

Section 16.4 (c) of the Act states that if an airline is not owned solely by a natural person residing in South Africa, it must be incorporated locally and South African residents must hold 75% of its voting rights.

Therefore, Safair argued that the trust complies with the country’s ownership regulations because South African residents control it.

However, legal experts have said the law distinguishes between a juristic person — like a trust — and a natural person.

Thus, even if the trustees were proven to be South African residents, FlySafair would still not meet the 75% threshold for natural person ownership.

In an article for Daily Maverick, aviation expert Guy Leitch warned that if this interpretation of the Act were implemented, it would have devastating consequences for the South African airline industry.

Leitch said only Lift and Cemair would be considered compliant. In addition to FlySafair, neither Airlink nor South African Airways meet the “natural” person threshold.

Airlink is 25% owned by Qatar Airlines and 33% owned by a BEE shareholder, while SAA is owned by the government, which is also not a natural person.

Flight price risk

Since FlySafair is South Africa’s biggest domestic airline, flight prices could skyrocket if it were grounded due to the dispute. It accounts for around 60% of the market, carrying around 30,000 daily passengers.

South Africa’s flight prices have surged in recent years due to a lack of seats, primarily because of the bankruptcy of Kulula operator Comair.

The operator’s 2022 demise was caused by a combination of the Covid-19 pandemic and a controversial grounding by the South African Civil Aviation Authority over unproven safety concerns.

The loss of one of South Africa’s longest-lasting budget airlines resulted in the wipeout of roughly 40% of domestic seat capacity, causing flight prices to soar.

However, FlySafair remains adamant that it complies with local ownership regulations and has been since it encountered a similar issue over a decade ago.

FlySafair CMO Kirby Gordon said the airline has not received any additional foreign ownership since a restructuring that took place between 2013 and 2014.

At the time, Comair and Skywise argued that ASL Aviation Holdings didn’t comply with local ownership laws when it applied for a commercial airline licence.

This resulted in FlySafair being grounded and restructured to comply with the regulations, after which it relaunched in 2014.

This article was first published by MyBroadBand

By Daniel Puchert

BizNews

FINANCIAL ARTICLES AND JUDGMENTS

SOUTH AFRICA

JSE slaps former EOH director with R500k fine for fake PhD claim

Anushka Bogdanov banned from JSE boards for 10 years after admitting to falsifying academic credentials and misleading investors.

The Johannesburg Stock Exchange (JSE) has censured and fined former EOH Holdings (now renamed iOCO Limited) director Anushka Bogdanov R500 000 after a lengthy investigation revealed she falsely claimed to hold a PhD from the London Business School.

In addition to the financial penalty, Bogdanov has been disqualified from serving as a director or officer of any JSE-listed company for the next 10 years, with the exchange citing serious concerns about her integrity and ethical conduct.

According to the JSE, when Bogdanov was appointed as a director of EOH, she claimed in her CV and Director’s Declaration that she held a PhD in International Financial Management and Mathematics, obtained in 2007/2008.

However, EOH later confirmed she had never earned such a degree from the London Business School or any other institution. The JSE’s investigation uncovered significant discrepancies and misrepresentations regarding the authenticity of her qualification.

Bogdanov resigned in July 2020, a day before EOH admitted to publishing false financial results for 2017 and 2018.

The technology company said the published financial information did not comply with International Financial Reporting Standards (IFRS) and was incorrect, false and misleading in material aspects.

The JSE says it started the investigation into Bogdanov in November 2020.

“The length of time necessary to conclude the investigation was caused by numerous requests from Bogdanov for more time in responding to the JSE’s queries. Ms Bogdanov informed the JSE that she was unable to respond to the JSE as a result of a variety of issues and personal circumstances that prevented her from dealing with this issue in a timely manner,” said the JSE.

In late 2024, Ms Bogdanov confirmed and admitted to the JSE that she did not have a PhD from London Business School.

“Bogdanov’s false statement that she obtained a PhD qualification raises serious and material concerns about her integrity and suitability as a director of companies listed on the JSE, and casts serious doubt on her ability to fulfil these important responsibilities.

“Furthermore, Bogdanov’s actions demonstrate a grave violation of professional integrity and an unacceptable disregard for ethical standards,” said the JSE.

Bogdanov fights back 

In a statement published over the weekend Bogdanov said she submitted all supporting documentation from accredited institutions, including her doctoral research to the JSE in good faith and in full transparency.

“She has sought legal advice and remains committed to engaging constructively with all relevant parties to clarify and resolve this matter,” the statement read.

In a renewed effort to defend herself, Bogdanov claimed in a podcast on her YouTube platform, Risk Insights, that the JSE had published inaccurate and misleading information.

“They stripped away context, complexity and compassion. Please allow the process between me and the JSE to proceed respectfully,” she said.

Anathi Madubela

Moneyweb

Tax Movements

Case Law:

Kerbyn Cape 2 (Pty) Ltd v CSARS (15899/2023) ZAWCHC

o The applicant issued a review application under the Promotion of Administrative Justice Act, 2000 (“PAJA”) to challenge the South African Revenue Service’s (“SARS”) refusal to condone multiple late filings of Value- Added Tax (“VAT”) and Corporate Income Tax assessment objections.

o The High Court held that:

▪ The applicant was required to challenge the first notice of invalid objection by objecting under section 104(2) of the Tax Administration Act, 2011 (“TAA”), and if unsuccessful, to appeal to the tax court under section 107(1) of the TAA.

▪ Taxpayers may only bring disputes to the High Court if they have exhausted all internal remedies and if the High Court grants a directive under section 105 of the TAA.

o Due to the applicant’s failure to exhaust internal remedies and to seek a section 105 directive, the High Court had no jurisdiction to hear the review application which was dismissed with costs.

o Find a link to the judgment here.

SARS PUBLICATIONS

• Monthly Tax Digest for July 2025

o This issue focuses on the following topics:

▪ 2025 Filing Season

▪ New features on e-Filing

▪ Information for taxpayers that are not auto assessed

▪ New information of relevance to provisional taxpayers

▪ Personal Income Tax Return (ITR12) declarations

▪ Process after submission

▪ Payment Reference Numbers

▪ SARS debt

Find more information here.

• Tax Practitioner Connect Issue 64 (July 2025)

o The latest edition of Tax Practitioner Connect is now available and informs readers about Filing Season 2025 and the new process to submit Donations Tax and Withholding Tax on Royalties using the SARS Online Query System.

o Find a link to the latest issue here.

EXCHANGE CONTROL

• Steinhoff Group investigation

o The disputes arising from the South African Reserve Bank (“SARB”) investigations into the affairs of Steinhoff International Holdings N.V. and related persons (“Steinhoff Group” now known as the “Ibex Group”) in relation to alleged contraventions of the Exchange Control Regulations, 1961, have been settled.

o Pursuant to the settlement agreement, ZAR6.3 billion, plus interest, of Ibex Group funds have been forfeited to the State in full and final settlement of the SARB’s enforcement action against the Ibex Group.

o In addition, the SARB has granted permissions to Ibex Group to implement and take all steps that are necessary for the Ibex Group to implement its Dutch court-approved structured winding down process and to repay its creditors and pay operational expenses.

o By agreement between the SARB and Ibex Group, the High Court has set aside the prohibition orders restricting the Ibex Group’s ability to deal with certain of its shares in Pepkor Holdings Limited, and the SARB has agreed not to take any further administrative or enforcement action against the Ibex Group in respect of alleged contraventions.

o Find the full media statement released by the SARB here.

CUSTOMS AND EXCISE

• Tarriff amendments

o Tariff amendment notice R6438 published in the Government Gazette 53020 relates to the imposition of:

▪ provisional payment in the form of anti-dumping on imports of fully automatic top load machines, of a dry linen capacity exceeding 10 kg but less than 17 kg, classifiable under tariff subheading 8450.20.20

originating in or imported from the Peoples Republic of China and Thailand (ITAC Report 752)

• Rule amendments

o Rule amendment notices R6408 and R6409 published in the Government Gazette 52968 relate to the following amendments:

▪ Amendments to rules under sections 77H and 120 regarding internal appeals (DAR261)

▪ Amendments to rules under section 120 regarding substitution of form DA5 under item 202.00 of the Schedules to the rules (DAR262)

▪ Find the declaration (DA5) for saleable goods here.

• SARS’ Air Passenger Tax Guide

o The SARS Air Passenger External Tax Guide has been updated.

o Find a copy of the guide here.

INTERNATIONAL

• Organisation for Economic Co-Operation and Development (“OECD”) | OECD publishes second batch of updated transfer pricing country profiles with new insights on hard-to-value intangibles and simplified distribution rules

o A new batch of updated transfer pricing country profiles reflecting the current transfer pricing laws and practices of 12 jurisdictions (Austria, Belgium, Canada, Ireland, Latvia, Lithuania, Mexico, the Netherlands, New Zealand, Singapore, South Africa, and Spain) has been released.

o This includes key transfer pricing aspects for each jurisdiction including the arm’s length principle, methods, comparability analysis and intangible property.

o Find a link to the transfer pricing country profiles here.

ENSafrica

KENYA

Kenya: A summary of key implications of the Finance Act 2025 amendments

Kenya’s Finance Act, 2025 (“the Act”), which was assented to on 27 June 2025, ushers in a raft of amendments affecting individuals and businesses alike. The changes, most of which take effect from 1st July 2025 with a few slated for 1st January 2026, are designed to streamline tax administration, enhance revenue collection, and bring Kenya’s tax regime in line with international standards. The alert below provides briefly summarises some of the key changes introduced by the Act.

Amendments to the Income Tax Act, CAP 470, Laws of Kenya (“ITA”)

A notable change is the harmonisation and expansion of the definition of the term “related person” under the ITA. This new definition now captures not only direct or indirect participation in the management, control, or capital of a business but also relationships by marriage, blood, or affinity. This means that more transactions are likely to fall under the scrutiny of transfer pricing and anti-avoidance rules, compelling businesses to reassess their group structures and related party dealings to ensure they remain compliant with the law.

The Act also introduces a five-year limit on the carry-forward of tax losses, replacing the previous indefinite period. This could disadvantage businesses with long investment cycles or those recovering from significant losses, as any losses older than five years will be written off.

In a move welcomed by multinational groups, the Act empowers the tax authority to enter into Advance Pricing Agreements with taxpayers for transfer pricing matters, valid for up to five years. These agreements provide certainty, reduce the risk of double taxation, and encourage transparency, but taxpayers must ensure full and accurate disclosure to avoid having their agreements voided.

Suppliers to public entities will need to take note of new withholding tax obligations. Payments for goods supplied to public entities will now attract withholding tax at 0.5% for residents and 5% for non-residents.

The digital sector faces further changes with the expansion of the Significant Economic Presence Tax. Now, not only businesses operating on digital marketplaces but also those providing services through the internet or electronic networks will be subject to this tax. The removal of the KES 5 million threshold for non-residents means that even smaller foreign service providers must comply, broadening the tax base.

Multinational enterprises will need to adjust their tax planning as the minimum top-up tax is now due by the end of the fourth month after the end of the year of income. This change is part of Kenya’s efforts to align with the global minimum tax rate for large multinationals, ensuring that such entities pay at least a 15% effective tax rate.

Employees will welcome the increase in the daily tax-free per diem allowance from KES 2,000 to KES 10,000, a move that reflects inflationary trends and boosts take-home pay for those who travel for work. Employers, on the other hand, will need to update their payroll systems to accommodate this new threshold. However, the Act also brings a shift in the taxation of pension income. While several specific pension exemptions have been deleted, a general exemption remains but is now limited to those who retire at the prescribed age or have been members of a pension scheme for at least 20 years. This change could see employees with less than 20 years’ membership who withdraw before the retirement age facing tax on their pension income, potentially reducing their net benefits. On a more positive note, the Act clarifies that all gratuity payments, not just those from public schemes, are exempt from tax, ensuring broader relief for employees.

Amendments to the Value Added Tax Act, 2013 (“VAT Act”)

The VAT regime has also seen various amendments. The definition of a tax invoice now explicitly includes electronic tax invoices, reflecting the ongoing digitalisation of tax administration. Businesses must ensure their invoicing systems are compliant to avoid falling foul of the law. The period for lodging VAT refund claims has been halved from 24 to 12 months, and bad debt relief can now be claimed after two years instead of three. While these changes should improve cash flow for suppliers, they also mean that taxpayers must be more proactive in managing their VAT credits and bad debts, as delayed claims may be forfeited.

A new provision introduces a penalty for the misuse of exempt or zero-rated goods and services. If such items are used in a manner inconsistent with their intended purpose, VAT becomes payable at the applicable rate. This places a greater onus on businesses to maintain robust controls and documentation, as the lack of a clear framework for determining misuse could lead to disputes with the tax authority. Updates to the schedules of exempt and zero-rated goods and services mean that businesses must review their VAT treatment to ensure compliance and avoid under- or over-collection of VAT.

Amendments to the Excise duty Act, 2015 (“EDA”)

The EDA is amended to align the classification of goods with the East African Community Tariff Code, simplifying cross-border trade and compliance for importers and manufacturers.

Non-resident suppliers of goods and services consumed in Kenya via the internet or digital marketplaces are now subject to excise duty, expanding the tax net to the digital economy and levelling the playing field for local businesses.

The Commissioner is now required to process excise licence applications within 14 days, enhancing administrative efficiency and providing certainty for businesses.

In a move likely to be welcomed by consumers, excise duty has been removed from imported eggs, onions, potatoes, potato crisps, and chips, which should result in a reduction in prices for these goods. New and amended excise rates have also been introduced, including a 10% excise duty on fees charged on virtual asset transactions, requiring businesses in affected sectors to update their pricing and compliance systems.

Amendment to Tax Procedures Act, 2015 (“TPA”)

The TPA has been refined to provide greater clarity and fairness. The list of transactions exempt from the electronic Tax Invoice Management System has been clarified, giving taxpayers greater certainty and reducing the risk of inadvertent non-compliance. The Commissioner is now required to provide reasons for any amended tax assessment, enhancing transparency and supporting taxpayers’ rights to challenge or appeal tax decisions. If the recipient of a payment has paid the tax, the withholding agent is no longer liable for the principal tax, reducing the risk of double taxation and penalties.

The Commissioner’s powers to recover unpaid tax from non-residents have been expanded, strengthening enforcement in cross-border transactions and requiring businesses to ensure compliance when dealing with non-residents. Redundant provisions, such as duplicate penalties and the appointment of digital service tax agents, have been removed, streamlining the law and reducing administrative complexity.

The Commissioner now has more time to process applications for tax offsets and refunds, which may delay recoveries for taxpayers but eases administrative burdens. Importers must now present a valid Certificate of Origin for all goods imported into Kenya, with non-compliance potentially resulting in seizure or forfeiture of goods, making proper documentation more important than ever. The Cabinet Secretary is also empowered to waive penalties or interest arising from errors or delays caused by electronic tax systems, providing relief for taxpayers affected by system failures.

Other Adjustments

The Miscellaneous Fees and Levies Act has expanded the application of export and investment promotion levies to items such as ceramic, steel, and sanitary products, ranging from the rate of 3% or 17.5%. Importers of these goods will need to factor in the additional costs, which may impact pricing, competitiveness, and supply chain decisions.

Finally, the Act brings changes to the Stamp Duty regime, providing that stamp duty does not apply when the Commissioner of Domestic Taxes registers an encumbrance over property for unpaid tax or on the transfer of such property for tax recovery, provided certain conditions are met. This reduces transaction costs in tax recovery processes and facilitates more efficient enforcement by the tax authority

Conclusion

In conclusion, individuals and businesses alike are urged to review their operations, update their systems as necessary and seek professional advice to ensure they remain compliant with the new changes in the tax laws. The changes discussed above are non-exhaustive. If you require a detailed discussion of how these amendments may affect you or your business, please feel free to reach out to us.

George Muthee, Vione Nyachieo and Brian Sabare

ENSafrica

SOUTH AFRICA

Stuck on the tarmac? The legal limits of the CCMA’s powers and the right to appeal

Background: SAA’s restructuring and the Unions’ challenge

The recent Labour Appeal Court (“LAC”) decision in the dispute between South African Airways (“SAA”) and two major unions – the South African Cabin Crew Association (“SACCA”) and the National Union of Metalworkers of South Africa (“NUMSA”) – provides valuable clarity on two key aspects of labour dispute resolution. The case arose from SAA’s large-scale restructuring, which followed the airline’s entry into business rescue in 2019. As SAA sought to downsize and reorganise, it issued a section 189(3) notice under the Labour Relations Act (“LRA”), initiating consultations on possible retrenchments and changes to employment terms. While some unions reached agreement with SAA, SACCA and NUMSA did not, and subsequently referred an unfair labour practice dispute to the Commission for Conciliation, Mediation and Arbitration (“CCMA”).

Key Legal Issues: CCMA’s authority and the Limits of Appeal

Two main legal questions were at the heart of this case:

1.     The CCMA’s power to dismiss for want of prosecution and Labour Court intervention

A central issue was whether the CCMA, as a statutory body rather than a court, has the authority to dismiss a referral where a party has failed to prosecute their case diligently. SAA argued that the unions’ referral had been delayed excessively, causing prejudice and undermining the purpose of expeditious dispute resolution. The unions, in contrast, contended that the CCMA could not dismiss a matter before the merits had been heard, unless specifically empowered by statute.

The LAC’s judgment leaves no doubt: the CCMA does have the authority to dismiss a referral for want of prosecution. This power is derived from the LRA, which requires commissioners to resolve disputes “fairly and quickly.” The Court explained that, although the CCMA is not a court of law, it is empowered to ensure that proceedings are conducted efficiently and that parties do not abuse the process through undue delay.

The judgment also addresses when the Labour Court may intervene in ongoing CCMA proceedings. As a general rule, the Labour Court will not review preliminary or interlocutory decisions until the arbitration is complete, in order to avoid piecemeal litigation and to promote the swift resolution of disputes. However, the Court recognised an important exception: where a material error of law has occurred, and it is just and equitable to intervene, the Labour Court may step in even before the matter is finalised. In this case, the CCMA Commissioner’s refusal to dismiss the delayed referral was found to be a material error of law, justifying the Labour Court’s intervention.

2.     The scope of appeals: Only granted grounds may be challenged

The second key aspect clarified by the LAC concerns the scope of appeals. The unions sought to challenge several aspects of the Labour Court’s decision, including the merits of the dismissal and the costs order. However, the LAC made it clear that parties may only challenge those grounds for which leave to appeal has been expressly granted. If the Labour Court has refused leave to appeal on certain issues, those issues are not open for reconsideration by the LAC unless the LAC grants leave on petition.

This principle ensures that appeals are focused and efficient, preventing parties from re-litigating issues that have already been decided or for which the court has determined there is no reasonable prospect of success. In this case, the LAC limited its consideration to the two legal questions for which leave to appeal had been granted and declined to entertain arguments on other grounds.

Court’s findings and reasoning

The LAC confirmed that the CCMA is empowered to dismiss referrals for want of prosecution, and that the Labour Court was correct to intervene in this instance due to a material error of law. As a result, the unions’ appeal was dismissed, and the dismissal of their referral to the CCMA stood.

Practical implications: What this means for employers and unions

This judgment carries important practical lessons for all parties involved in labour disputes:

• Diligence in prosecution: Parties must act promptly and diligently when referring disputes to the CCMA. Delays – especially those that are unexplained or prolonged – can result in the dismissal of a referral before the merits are even considered.
• CCMA’s authority affirmed: The CCMA is not powerless in the face of delay or procedural abuse. Commissioners are expected to manage cases actively and may dismiss referrals where parties fail to prosecute their claims with the necessary diligence.
• Labour court intervention is exceptional: While the Labour Court generally avoids intervening in incomplete CCMA proceedings, it will do so where a material error of law has occurred and where intervention is just and equitable.
• Appeals are not open-ended: Parties should be aware that they may only challenge those aspects of a judgment for which leave to appeal has been granted. Attempting to revisit issues outside the scope of the granted appeal is not permitted.

Brian Patterson and Rachel Weisz

ENSafrica

SOUTH AFRICA

SCA overturns ruling on R500m Gauteng medical waste tender

Gauteng health department says judgment will ensure uninterrupted delivery of essential services such as safe medical waste disposal

The Gauteng department of health has welcomed a Supreme Court of Appeal (SCA) judgment overturning a high court ruling that declared a R500m medical waste tender invalid.

The SCA set aside the ruling which had found the tender unlawful due to what the high court deemed an improper extension of the tender validity period.

Health spokesperson Motalatale Modiba said the department had always maintained that the high court misinterpreted the law and followed flawed procedures.

He said this included the granting of relief not properly sought or requested from the court and which led to the setting aside of the tender.

“From the beginning, the [department] expressed concern that the high court had acted beyond the scope of the matter brought before it,” Modiba said.

From the beginning, the [department] expressed concern that the high court had acted beyond the scope of the matter brought before it

Motalatale Modiba, health spokesperson: “This position was communicated in the department’s prior official statements on the matter released on November 30 2023 and reaffirmed on March 3 2024, after the department being granted leave to appeal the matter at the Supreme Court of Appeal.”

TimesLIVE previously reported that Buhle Medical Waste had brought an urgent application in the Johannesburg high court to interdict Tshenolo Waste and Phuting Medical Waste Management from commencing their services, pending the outcome of a review into the awarding of the contracts.

Tshenolo Waste had been awarded a R314m contract to collect and dispose of medical waste in Tshwane and Joburg, while Phuting Waste received a R211m contract covering the West Rand, Sedibeng and Ekurhuleni.

However, in November last year, the high court set aside the tender.

In its ruling dated July 15, the SCA found that the high court erred in setting aside administrative action through a declarator.

“The relief granted by the high court … affected Tshenolo and other parties directly by depriving them of the opportunity to file comprehensive answering affidavits to the review application,” said judge Elizabeth Baartman.

Modiba said the ruling affirmed the department’s commitment to due process and fairness.

He added that it also ensured the uninterrupted delivery of essential services, including the safe and consistent removal of medical waste from health care facilities across the province.

SowetanLIVE

Judgment