PROTECTION OF PERSONAL INFORMATION ACT (POPIA)

Health & Sex Life Regulations are out for comment till 10 October 2025.

The Information Regulator has published the Health and Sex Life Regulations under the Protection of Personal Information Act for public comment. Submissions must be made by 10 October 2025—be sure to have your say before the deadline.

Purpose:

To regulate how sensitive personal information—specifically health and sex life data—is processed by certain entities.

Key Highlights:

• Applies to insurance companies, medical schemes, pension funds, employers, and healthcare administrators.

• Processing of such data is generally prohibited unless:
  • Consent is obtained.
  • It’s required by law or in the public interest.
  • It’s for research or statistical purposes.

• Entities must conduct a Legitimate Interest Assessment (LIA) if processing without consent.

• Strict data protection safeguards are required, including:
  • Risk assessments.
  • Secure disposal protocols.
  • Compliance with ISO standards.

• Cross-border data transfers are restricted unless POPIA conditions are met.
• Records must be retained only as long as necessary and securely destroyed thereafter.

BUSINESS LICENSING BILL, 2025

The Department of Small Business Development has published the draft Business Licensing Bill for public comment. Submissions must be made by 26 October 2025—don’t miss the opportunity to share your input..

Purpose:

To modernize and standardize business licensing across South Africa, replacing the outdated Businesses Act of 1991.

Key Highlights:

• Introduces a uniform licensing framework across national, provincial, and municipal levels.
• Licenses will be valid for 5 years and managed via a centralized electronic portal.
• Preferential licensing for small businesses and historically disadvantaged groups.
• Designated trading areas may be reserved for citizens and small enterprises.
• Foreign-owned businesses must meet additional criteria and immigration compliance.

• Enforcement includes:
  • Appointment of authorized officers.
  • Powers to inspect, issue fines, and confiscate goods.
  • Administrative penalties for non-compliance.

• Municipalities must enact by-laws aligned with the Bill.
• Public consultation is required for new regulations and exemptions.

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AGRICULTURE

LAW AND TYPE OF NOTICE

Plant Health (Phytosanitary) Act:

Regulations: Export: Comments invited

G 53424 RG 11887 GoN 6665

– Comment by 26 Oct 2025

26 September 2025

APPLIES TO: 

1. Agricultural Producers

• Commercial farms growing fruits, vegetables, grains, and other plant products.
• Orchards and nurseries producing export-quality crops.
• Cold treatment facilities for special markets.

2. Food Processing & Packaging Facilities

• Facilities that process, package, or store plant-based products for export.
• Entities involved in post-harvest handling, including sorting, grading, and packing.

3. Logistics & Export Services

• Transport companies moving goods to points of exit (harbours, airports, borders).
• Export agents and freight forwarders managing documentation and compliance.
• Bonded warehouses storing in-transit consignments.

4. Inspection & Certification Bodies

• Phytosanitary inspectors and delegated officers from the Department of Agriculture.
• Laboratories conducting pest and pathogen testing (bacteria, fungi, viruses, etc.).
• ISPM 15 treatment providers for wood packaging compliance.

5. International Trade & Exporters

• Exporters of regulated plant products to foreign markets.
• Re-exporters handling goods imported into South Africa for onward export.
• Companies involved in transit trade, moving goods through South Africa to other destinations.

6. Regulatory & Government Agencies

• NPPOZA (National Plant Protection Organization of South Africa).
• Directorate Plant Health within the Department of Agriculture.
• Border control authorities at designated exit points.

SUMMED UP

Purpose

To regulate the export, re-export, and transit of plants, plant products, and other regulated articles from South Africa, ensuring compliance with international phytosanitary standards.

Key Requirements for Exporters

1.     Registration with NPPOZA.

2.     Phytosanitary Certificate (ePhyto) via the eCert online platform.

3.     Compliance with importing country’s requirements (permits, protocols, etc.).

4.     Food Business Operator (FBO) Code registration.

5.     Use of designated points of exit (harbours, airports, border posts).

6.     Payment of prescribed fees (see Annexure A).

Inspection & Approval

• Consignments must be inspected at exit points.
• Approval is granted if requirements are met.
• Non-compliant consignments may be treated, rejected, destroyed, or returned.

Re-export & In-transit Provisions

• Re-export requires similar documentation and inspection.
• In-transit consignments need permits and must not be distributed within South Africa.
• Phytosanitary measures apply if tampered with or repackaged.

Points of Exit (Table 1)

Includes:

• Harbours: Cape Town, Durban, Port Elizabeth, etc.
• Airports: OR Tambo, King Shaka, Cape Town Intl., etc.
• Border Posts: Beitbridge, Lebombo, Maseru Bridge, etc.

Fees (Annexure A)

Covers:

• Application and inspection fees.
• Certificate issuance and replacement.
• Lab tests for pests and pathogens.
• ISPM 15 wood packaging regulations.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Plant Health (Phytosanitary) Act: Regulations: Export: Comments invited

G 53424 RG 11887 GoN 6665

– Comment by 26 Oct 2025

26 September 2025

53424rg11887gon6665.pdf

ACTION

Ensure that you submit your comments before 26 October 2025.

LAW AND TYPE OF NOTICE

Plant Health (Phytosanitary) Act:

Regulations: Import: Comments invited

G 53424 RG 11887 GoN 6667

– Comment by 26 Oct 2025

26 September 2025

APPLIES TO: 

1. Agriculture & Horticulture

• Commercial farmers importing seeds, seedlings, or plant products.
• Nurseries and garden centers sourcing exotic or foreign plant varieties.
• Greenhouse operators and propagation facilities.

2. Agro-processing & Food Industry

• Companies importing raw plant materials for food production, herbal products, or beverages.
• Spice and tea importers, fruit processors, and similar businesses.

3. Forestry & Timber

• Importers of wood, timber, and plant-based construction materials.
• Risk of pest introduction is high in untreated wood products.

4. Biotechnology & Research Institutions

• Universities and research labs importing plant specimens or biological control agents for study.
• Entities conducting agricultural trials or genetic research.

5. Environmental & Conservation Organizations

• Groups involved in ecosystem restoration or invasive species control.
• Importation of biological control agents for pest management.

6. Import/Export & Logistics Companies

• Freight forwarders, customs brokers, and logistics firms handling plant consignments.
• Must comply with inspection, detention, and quarantine protocols.

GOVERNMENT & REGULATORY BODIES

1. Border Management Authority (BMA)

• Responsible for frontline enforcement and inspection at ports of entry.

2. National Plant Protection Organization of South Africa (NPPOZA)

• Oversees risk assessments, quarantine, and phytosanitary compliance.

3. Department of Agriculture

• Administers permits, inspections, and regulatory enforcement.

4. Customs & Revenue Services

• Coordinates with BMA for import control and fee collection.

Other Stakeholders

• Courier and shipping companies transporting regulated plant materials.
• Quarantine facility operators providing approved inspection sites.
• Laboratories conducting phytosanitary testing (bacteria, fungi, viruses, etc.).

SUMMED UP

1. Purpose of the Document

• To invite public comments on draft regulations governing the importation of plants, plant products, and other regulated articles.
• Comments must be submitted within 30 days to the Directorate Plant Health.

2. Definitions (Part I)

• Clarifies terms such as:
  • Border Management Authority (BMA) officer
  • Delegated officer
  • Extended detention
  • E-permit
  • Interception
  • Post-entry quarantine
  • Quarantine facility

3. Import Requirements (Part II)

• Import Permit: Required for all regulated articles.

• Application Process:
  • Submit via Annexure B or online (e-Certification).
  • Must be submitted 30 working days before consignment departure.
  • Include proof of payment (fees in Annexure A).

• Issuance:
  • Permit issued within 30 days if requirements are met.
  • Pest Risk Analysis (PRA) conducted if requirements are unavailable.

• Inspection:
  • Must occur at designated points of entry (listed in Table 1).
  • Non-compliant consignments may be removed, treated, destroyed, or detained.

• Extended Detention:
  • Allowed for inland inspection beyond 10 km from entry point.
  • Requires seals, traceability, and inspection at approved facilities.

• Post-entry Quarantine:
  • Applies to propagation material.
  • NPPOZA oversees inspection and release.

4. Special Import Cases

• Biological Control Agents:
  • Require risk assessment and quarantine.

• Research Purposes:
  • Must follow disposal protocols.

5. Fees (Annexure A)

• Detailed tariffs for:
  • Inspections (during and outside office hours)
  • Laboratory tests (bacteria, fungi, nematodes, viruses, etc.)
  • Quarantine services
  • Permit issuance and amendments
  • Appeals (R9,200 per appeal)

6. Points of Entry (Table 1)

• Includes major harbours, international airports, and border control points such as:
  • Cape Town, Durban, OR Tambo, Beitbridge, Lebombo, etc.

7. Application Form (Annexure B)

• Requires:
  • Description of goods
  • Quantity
  • Supplier details
  • Point of entry
  • Purpose
  • Applicant contact info
  • Declaration of non-GMO status

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Plant Health (Phytosanitary) Act: Regulations: Import: Comments invited

G 53424 RG 11887 GoN 6667

– Comment by 26 Oct 2025

26 September 2025

53424reg11887gon6667.pdf

ACTION

Ensure that you submit your comments before 26 October 2025.

LAW AND TYPE OF NOTICE

Plant Health (Phytosanitary) Act:

Control measures: Comments invited

G 53424 RG 11887 GoN 6664

– Comment by 26 Oct 2025

26 September 2025

APPLIES TO: 

1. Agricultural Producers

• Farmers growing regulated crops such as:
  • Potatoes (due to bacterial wilt)
  • Citrus fruits (due to citrus greening, citrus psylla, citrus black spot)
  • Wheat and triticale (due to Karnal bunt)
  • Bananas, tomatoes, maize, sugarcane, and others listed in Annexures A & B

• Commercial growers in pest-prone or buffer zones must comply with planting and movement restrictions.

2. Nurseries and Propagation Facilities

• Businesses that grow, store, or sell plants or propagating material are subject to:
  • Visual inspections
  • Pest testing
  • Movement restrictions
  • Prohibitions on keeping regulated pests

3. Agricultural Supply Chain & Logistics

• Transporters and distributors of plants, plant products, and regulated articles must:
  • Comply with movement restrictions
  • Obtain removal permits
  • Avoid transporting infested materials

4. Research Institutions & Laboratories

• Universities, agricultural research centers, and biotech labs working with:
  • Regulated pests or infected plant material
  • Must operate in approved quarantine facilities
  • Require permits for movement and disposal

5. Government & Regulatory Bodies

• Local municipalities and provincial departments involved in:
  • Pest surveillance
  • Quarantine enforcement
  • Issuance of orders and permits
  • Public awareness and compliance monitoring

6. Importers & Exporters

• Companies involved in international trade of agricultural products:
  • Must adhere to phytosanitary regulations
  • Risk penalties for illegal imports or non-compliance
  • May face delays or destruction of goods if pests are detected

7. Pest Control & Biosecurity Services

• Organizations offering:
  • Pest detection, eradication, and control services
  • Laboratory testing and certification
  • Compliance consulting for farms and nurseries

SUMMED UP

Purpose of the Document

• Invitation for Public Comments: The Minister of Agriculture, John Steenhuisen, invites stakeholders to submit written comments on proposed control measures within 30 days of publication.

Key Control Measures Proposed

1. Definitions

• Clarifies terms like buffer zone, demarcated quarantine area, pest-free area, phytosanitary procedure, and regulated pests.

2. Prohibitions on Regulated Pests

• Land users and nurseries must not keep or cultivate plants infested with regulated pests (Annexure A: List 1a and 1b).
• Movement of infected or suspected plants/products is prohibited.

3. Restrictions on Specific Plants

• Tables 1–5 list plants and areas where cultivation or movement is restricted due to pest risks (e.g., potatoes, citrus, wheat).

4. Illegal Imports

• Prohibits keeping or cultivating illegally imported regulated articles.

5. Research Exceptions

• Regulated articles may be kept for research only under strict conditions and permits.

6. Compulsory Pest Notification

• Immediate reporting required for any regulated pest occurrence, especially in pest-free areas.

7. Orders Regarding Land

• Executive officers may issue orders for compliance, destruction, or quarantine based on pest detection.

8. Quarantine Areas

• Areas may be declared quarantine zones if pests are detected; movement from these areas is restricted.

9. Quarantine & Lab Facilities

• Facilities may be declared for testing, disinfection, or destruction of regulated articles.

10. Exemptions

• Removal permits may be issued under specific conditions.

11. Destruction Orders

• Infested plants/products may be destroyed or returned to quarantine areas.

Annexures Overview

Annexure A

• List 1a: Regulated pests present but not widely distributed (e.g., Oriental fruit fly, Karnal bunt of wheat).
• List 1b: Widely distributed pests under control (e.g., Citrus greening, Citrus Black Spot).

Annexure B

• List 2: Pests absent in the Republic but considered potential threats (e.g., Asian citrus psyllid, Panama disease).

Annexure C

• Fees for Services:
  • Permit issuance, inspections, and various lab tests (e.g., PCR, ELISA, morphological identification).
  • Fees range from R176 to R673, depending on the service.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Plant Health (Phytosanitary) Act: Control measures: Comments invited

G 53424 RG 11887 GoN 6664

– Comment by 26 Oct 2025

26 September 2025

53424rg11887gon6664.pdf

ACTION

Ensure that you submit your comments before 26 October 2025.

LAW AND TYPE OF NOTICE

Plant Health (Phytosanitary) Act:

Importation of regulated articles without a permit: Comments invited

G 53424 RG 11887 GoN 6666

– Comment by 26 Oct 2025

26 September 2025

APPLIES TO: 

Agriculture & Horticulture

• Seed companies and nurseries importing seeds, bulbs, tubers, rhizomes, and vegetative propagating material.
• Greenhouse operators and plant breeders importing rooted plants or tissue cultures.
• Commercial growers of flowers, vegetables, herbs, and ornamental plants.

Forestry & Timber

• Timber exporters/importers dealing with raw or kiln-dried wood, especially species like Pinus, Abies, Acacia, Juglans, etc.
• Furniture manufacturers and wood product companies sourcing unprocessed wood or bamboo/rattan.

Biotech & Research Institutions

• Plant pathology labs and agricultural research centers working with tissue cultures or regulated plant species.
• Universities conducting studies on plant health, pest resistance, or genetic modification.

Pharmaceuticals & Herbal Products

• Herbal medicine producers importing medicinal plant parts (e.g., Valeriana, Chamomilla, Lavandula).
• Nutraceutical companies using imported botanical ingredients.

Food & Beverage Industry

• Spice and herb importers (e.g., Cinnamon, Cardamom, Pepper, Saffron).
• Tea and coffee companies importing dried or roasted plant parts.

Beekeeping & Apiary Associations

• Due to the inclusion of pests affecting honey bees (e.g., Varroa jacobsoni, Virus and virus-like diseases), beekeeping organisations may be indirectly affected.

Logistics & Customs

• Import/export agents, customs brokers, and freight companies handling plant consignments must comply with new inspection and certification protocols.

Regulatory Bodies & Government Agencies

• Border control and inspection authorities at designated ports and airports.
• Environmental and biosecurity agencies monitoring pest risks and compliance.

SUMMED UP

Purpose of the Document

• Invitation for Public Comments: The Minister of Agriculture, John Steenhuisen, invites stakeholders to submit written comments on the proposed regulations within 30 days of publication.
• Contact details for submissions are provided, including email addresses and phone numbers.

Key Definitions

• Area of production: A cultivated unit where regulated articles are produced.
• Certificate: Refers to phytosanitary or plant health certificates issued by recognized authorities.
• Country of production: Includes countries or states with autonomous phytosanitary services.
• Insects and pathogens: Defined in Annexure A.

Exemption from Permit Requirements

Certain classes of regulated articles may be imported without a permit, subject to specific conditions:

• Compliance with requirements listed in Table 1.
• Entry only through designated points of entry (listed in Table 2).
• Inspection and retention of certificates by the executive officer.
• No removal from port of entry without written consent.

Table 1: Regulated Articles & Conditions

The table lists various plant materials (e.g., seeds, bulbs, vegetative material, rooted plants, tissue cultures, timber, herbs, etc.) and specifies:

• Whether a phytosanitary certificate is required.
• Additional declarations needed (e.g., freedom from specific pests, treatment with fungicides/insecticides, absence of soil/growth media).

• Examples include:
  • Seeds of certain genera: No certificate required.
  • Bulbs and tubers: Certificate required with multiple pest-free declarations.
  • Rooted greenhouse plants: Must be grown in sterilized media and free from a long list of pests.
  • Timber products: Conditions vary by species and treatment (e.g., kiln-drying).
  • Medicinal herbs and spices: Mostly exempt, with some requiring fumigation or declarations.

Table 2: Points of Entry

Includes:

• Harbours: Cape Town, Durban, East London, etc.
• Airports: O.R. Tambo, King Shaka, Cape Town International, etc.
• Border control points: Lebombo, Maseru Bridge, Skilpadshek, etc.

Annexure A: Regulated Pests

A comprehensive list of 428 regulated pests, including:

• Viruses (e.g., Tomato ringspot virus, Beet curly top virus)
• Fungi (e.g., Verticillium albo-atrum, Fusarium spp.)
• Bacteria (e.g., Xanthomonas spp., Erwinia spp.)
• Nematodes and mites
• Insects (e.g., Frankliniella occidentalis, Liriomyza spp.)
• Viroids and mycoplasmas

FULL TEXT

DETAILS

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

LINK TO FULL NOTICE

Plant Health (Phytosanitary) Act: Importation of regulated articles without a permit: Comments invited

G 53424 RG 11887 GoN 6666

– Comment by 26 Oct 2025

26 September 2025

53424reg11887gon6666.pdf

ACTION

Ensure that you submit your comments before 26 October 2025.

LAW AND TYPE OF NOTICE

Competition Act:

Competition Commission of South Africa: Poultry Market Inquiry terms of Reference Final 30 September 2025

G 53445 GoN 6687

APPLIES TO: 

1. Large Integrated Poultry Producers

These are vertically integrated firms that dominate multiple stages of the value chain:

• Astral Foods
• RCL Foods
• Country Bird Holdings
• Sovereign Foods
• Quantum Foods
• Kuipers Group

Impact: These firms may face scrutiny over market concentration, pricing practices, and their role as gatekeepers to key inputs like feed and day-old chicks.

2. Contract Growers and Independent Farmers

Includes small-scale and emerging poultry producers who operate under contract with larger firms or independently.

Impact: Inquiry will assess power imbalances, access to inputs, and barriers to market entry, which could lead to reforms benefiting these groups.

3. Feed Manufacturers

Especially those integrated with poultry producers (e.g., Meadow Feeds, Epol, Afgri) and independent feed mills.

Impact: Feed pricing and supply dynamics will be examined as feed constitutes ~70% of production costs.

4. Hatcheries and Breeding Stock Suppliers

Organizations involved in importing and distributing genetic material and producing day-old chicks.

Impact: The inquiry will look into concentration and control over genetic stock and chick supply.

5. Abattoirs and Cold Chain Logistics Providers

Including both integrated and independent facilities.

Impact: Access to slaughtering and refrigerated transport services is a key barrier for small producers and will be assessed.

6. Retailers and Quick-Service Restaurants

Major supermarket chains and fast-food outlets that purchase poultry products.

Impact: Their pricing practices, mark-ups, and supplier terms (e.g., rebates, listing fees) will be evaluated for fairness and competitiveness.

 7. Food Processors

Companies that use poultry products in processed foods (e.g., bakeries, ready meals).

Impact: May be affected by changes in supply dynamics and pricing structures.

8. Importers and Trade Agencies

Organizations involved in importing poultry products and managing trade policies.

Impact: Inquiry will assess the role of imports, tariffs, and anti-dumping duties in shaping domestic competition.

9. Government and Regulatory Bodies

• Department of Trade, Industry and Competition (DTIC)
• Competition Commission
• Public Investment Corporation (PIC)
• Agricultural and veterinary authorities

Impact: May be called upon to implement or respond to recommendations and regulatory changes.

SUMMED UP

Purpose of the Inquiry

• Initiated under Section 43A of the Competition Act, the inquiry aims to assess whether features of the poultry value chain (including broiler chicken and egg production) impede, restrict, or distort competition.
• The poultry industry is South Africa’s largest agricultural sector, contributing significantly to employment and food security.

Key Issues Identified

1.     High Market Concentration & Vertical Integration

o   Dominated by a few large firms (e.g., Astral, RCL, Country Bird, Sovereign).

o   These firms control multiple stages of the value chain—from genetics to retail—limiting opportunities for smaller players.

2.     Barriers to Entry

o   Smaller and emerging producers face challenges accessing inputs like feed, day-old chicks, and abattoirs.

o   Contract growers are often dependent on large integrators, limiting their independence and market access.

3.     Pricing & Cost Structures

o   Feed costs account for ~70% of variable costs.

o   Producers struggle to pass on feed cost increases to consumers.

o   Retail mark-ups are high, especially for eggs and chicken portions.

4.     Retail & Downstream Market Power

o   Retail sector is highly concentrated.

o   Trading terms (e.g., rebates, listing fees) disadvantage small suppliers.

o   Supplier development programs have had limited long-term impact.

5.     Contract Farming Concerns

o   Tournament-style payment systems may reinforce power imbalances.

o   Similar concerns have been raised in the U.S. by USDA and FTC.

6.     Government Interventions

o   The Poultry Sector Master Plan (2019) aims to support transformation and competitiveness.

o   However, structural issues like concentration and unequal bargaining power persist.

Scope of the Inquiry

The inquiry will assess:

• Market features affecting competition across the value chain.
• Efficiency and impact of vertical integration.
• Role of imports and trade policy.
• Bargaining dynamics between producers and retailers.
• Access to inputs and logistics for SMEs and historically disadvantaged persons (HDPs).
• Potential remedies for adverse effects on competition.

Exclusions

• Electricity, ports, and rail are excluded as standalone themes but may be considered as cost factors.

Process & Timeline

• Inquiry starts 20 business days after publication.
• Final report due within 18 months, unless extended.
• Includes public hearings, requests for information, and possible summons.
• Final findings may lead to recommendations, complaints, or other actions under the Act.

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

LINK TO FULL NOTICE

Competition Act: Competition Commission of South Africa: Poultry Market Inquiry terms of Reference Final 30 September 2025

G 53445 GoN 6687

30 September 2025

53445gon6687.pdf

1. Large Integrated Poultry Producers

Examples: Astral, RCL Foods, Country Bird Holdings, Sovereign Foods, Quantum Foods

Required Actions:

• Provide information on pricing, cost structures, supply arrangements, and vertical integration.
• Participate in public hearings and respond to requests for information or summons.
• Review and potentially revise contract terms with growers to address power imbalances.
• Engage with the Commission on proposed remedies or recommendations.

2. Contract Growers and Independent Farmers

Required Actions:

• Submit written representations detailing challenges faced (e.g., access to inputs, pricing, market access).
• Participate in hearings to share experiences and suggest improvements.
• Provide data on production costs, profitability, and contractual relationships.

3. Feed Manufacturers and Hatcheries

Required Actions:

• Disclose pricing structures, supply arrangements, and market share data.
• Engage with the inquiry regarding their role in input cost inflation and supply bottlenecks.

4. Retailers, Quick-Service Restaurants, and Food Processors

Required Actions:

• Provide details on trading terms, mark-ups, supplier development programs, and procurement practices.
• Participate in hearings to discuss their influence on market access and pricing.
• Review supplier engagement practices, especially with SMEs and HDPs.

5. Importers and Trade Agencies

Required Actions:

• Share data on import volumes, pricing, and the impact of tariffs and anti-dumping duties.
• Engage in discussions on how trade policy affects domestic competition and consumer welfare.

6. Government and Regulatory Bodies

Examples: DTIC, PIC, Department of Agriculture, NERSA, Ports Regulator

Required Actions:

• Support the inquiry with relevant policy documents, data, and insights.
• Consider recommendations from the Commission for regulatory or policy changes.
• Coordinate with the Commission to ensure alignment with existing sectoral plans (e.g., Poultry Master Plan).

7. SMEs and Historically Disadvantaged Persons (HDPs)

Required Actions:

• Submit input on barriers to entry, access to finance, and market participation.
• Engage with the inquiry to advocate for fairer market conditions and support mechanisms.

General Participation Expectations

• Respond to Requests for Information (RFIs) or summons issued by the Commission.
• Attend public hearings, workshops, or seminars as invited.
• Review and comment on provisional findings and proposed remedies before the final report is published.

AVIATION

LAW AND TYPE OF NOTICE

Civil Aviation Act: Regulations:

Use of licence cards as mode of identification at airports

G 53426 GeN 3530

26 September 2025

APPLIES TO: 

All Individuals

SUMMED UP

Key Points

• Civil Aviation Regulations (Part 112) require passengers to present valid ID at boarding gates.
• Driving Licence Cards are accepted as valid ID for air travel.

Context

• A card production machine breakdown from 5 February to 7 May 2025 caused a backlog of over 700,000 driving licence cards.
• The Driving Licence Card Account (DLCA) is still addressing this backlog.

Temporary Measures

Airlines are advised to accept expired driving licence cards as ID if:

1.     The holder applied for a new card before the old one expired.

2.     If the card was already expired at the time of application, the holder must also have a temporary driver’s licence.

3.     A temporary licence is valid for 6 months or until the new card is issued.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Civil Aviation Act: Regulations: Use of licence cards as mode of identification at airports

G 53426 GeN 3530

26 September 2025

53426gen3530.pdf

BUSINESS

LAW AND TYPE OF NOTICE

Companies Act:

Non-response on link for directors change of contact details

G 53426 GoN 6678

26 September 2025

APPLIES TO: 

All Organizations

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Companies Act: Non-response on link for directors change of contact details

G 53426 GoN 6678

26 September 2025

53426gon6678.pdf

ACTION

If applicable, ensure that your directors either approve or reject the links related to changes in their contact details.

LAW AND TYPE OF NOTICE

National Business Act of 1991:

Business Licensing Bill 2025: Comments invited

G 53440 GoN 6683

– Comment by 26 Oct 2025

26 September 2025

APPLIES TO: 

Industries Affected

1. Retail & Wholesale Trade

• Small shops, supermarkets, informal traders, hawkers, and spaza shops.
• Businesses selling food, beverages, clothing, electronics, etc.

2. Hospitality & Entertainment

• Restaurants, bars, nightclubs, and entertainment venues.
• Lodges, guesthouses, and hotels.

3. Health & Wellness

• Massage parlours, beauty salons, spas, and wellness centers.

4. Manufacturing & Production

• Small-scale manufacturers and producers, especially those in agro-processing and crafts.

5. Transport & Logistics

• Taxi operators, delivery services, and logistics companies.

6. Construction & Home Services

• Builders, plumbers, electricians, and other service providers.

7. ICT & Digital Services

• Tech startups, freelancers, and digital service providers.

8. Agriculture & Agro-business

• Farmers, cooperatives, and agribusinesses involved in food production and distribution.

Organizations Affected

1. Municipalities

• Responsible for issuing business licences and enforcing compliance.
• Must process applications within 30 days (extendable by 14 days).

2. Small, Medium, and Micro Enterprises (SMMEs)

• Will benefit from preferential licensing provisions.
• Must comply with new digital registration and renewal processes.

3. Informal Sector Participants

• Street vendors, market traders, and micro-businesses.
• Will be required to register and obtain licences, with penalties for non-compliance.

4. Foreign-Owned Businesses

• Subject to additional licensing criteria under immigration and trade laws.
• Certain sectors may be reserved for South African citizens only.

5. Regulatory & Inspection Bodies

• Empowered to inspect businesses, issue fines, and confiscate goods for non-compliance.

6. Business Associations & Advocacy Groups

• Will need to support members in understanding and complying with the new framework.
• May engage in policy dialogue and public comment processes.

Key Implications

• Licensing Validity: Licences will be valid for 5 years.
• Digital System: A centralized electronic portal will be introduced.
• Compliance Enforcement: Inspectors can demand licences and impose penalties.
• Economic Inclusion: Focus on supporting historically disadvantaged groups.

SUMMED UP

Synopsis of the Business Licensing Bill, 2025

The Business Licensing Bill, 2025 aims to establish a standardized framework for business licensing in South Africa, replacing the Businesses Act, 1991. It seeks to regulate business activities, promote economic development, ensure compliance, and harmonize licensing procedures across national, provincial, and municipal levels. Below is a detailed synopsis of the Bill:

Purpose and Objectives

1.     Purpose:

o   To provide a common framework for business licensing.

o   To promote consistency and uniformity in licensing procedures.

o   To ensure cooperative governance across government spheres.

o   To regulate business activities for citizens and non-citizens.

2.     Objectives:

o   Establish essential principles and procedures for business licensing.

o   Promote economic development through standardized regulations.

o   Harmonize licensing processes across national, provincial, and municipal levels.

Key Provisions

Chapter 1: Introductory Provisions

• Definitions: Clarifies terms such as “business,” “business license holder,” “authorised officer,” and “designated business undertaking.”
• Application: Applies to all businesses, including foreign-owned businesses, provided they comply with visa or permit conditions.
• Designation of Business Undertakings: The Minister may designate certain business activities as requiring licenses, following public consultation.
• Exemptions: Certain industries or sectors may be exempted from licensing requirements based on criteria such as low risk, compliance history, or contribution to local economic development.
• Licensing Requirements: Businesses must apply for licenses through relevant authorities, with specific provisions for foreign nationals.

Chapter 2: Principles of Business Licensing

• Principles:
  • Redress: Address past injustices and promote inclusion in disadvantaged areas.
  • Efficiency: Streamline procedures and minimize administrative burdens.
  • Good Administration: Ensure transparency and fairness in licensing processes.

• Compliance: Provincial and municipal governments must adhere to these principles when enacting legislation and by-laws.

Chapter 3: Inter-Governmental Support

• National Support: The Minister may provide assistance to provinces and municipalities and establish a National Inter-Departmental Coordination Committee.
• Provincial Support: MECs may establish Provincial Committees to coordinate business licensing efforts across departments and municipalities.
• Municipal Differentiation: Licensing measures must consider the unique circumstances of each municipality, including financial resources and capacity.

Chapter 4: National Competency

• Simplification of Licensing: The Minister may address burdensome licensing practices and procedures.
• Preferential Licensing: Small businesses may benefit from simplified processes, lower fees, and expedited approvals.
• Designated Trading Areas: Municipalities may designate areas exclusively for small enterprises and citizens.
• Database of Licenses: Licensing authorities must maintain a database of issued licenses, with regulations for its format and maintenance.
• Authorised Officers: Officers are appointed to enforce compliance, with powers to inspect premises, issue compliance notices, and confiscate goods.

Chapter 5: Provincial Competency

• Provincial Legislation: Provinces must enact business licensing laws aligned with national legislation and may intervene in cases of municipal non-compliance.

Chapter 6: Municipal Competency

• Municipal By-Laws: Local authorities must enact by-laws consistent with national and provincial legislation.
• Street Trading Regulations: Municipalities may restrict or prohibit street trading in certain areas, following public consultation and transparency measures.

Chapter 7: Regulations and Directives

• National and Provincial Regulations: The Minister and MECs may issue regulations and directives for licensing procedures, forms, compliance processes, and penalties.
• Consultative Process: Draft regulations must be published for public comment before promulgation.

Chapter 8: General Provisions

• Transitional Provisions: Existing licenses and compliance notices under the repealed Businesses Act remain valid until expiration or renewal under the new Act.
• Repeal of Businesses Act: The Businesses Act, 1991, is repealed.
• Short Title and Commencement: The Act will be called the Business Licensing Act, 2025, and its commencement date will be determined by the President.

Key Features

1.     Uniform Licensing Framework: Establishes a consistent system across all government levels.

2.     Support for Small Businesses: Includes preferential licensing provisions to reduce barriers for small enterprises.

3.     Regulation of Foreign-Owned Businesses: Ensures compliance with immigration laws for non-citizens operating businesses.

4.     Enforcement Mechanisms: Authorised officers are empowered to inspect, issue compliance notices, and impose penalties.

5.     Public Participation: Requires consultation and public input for designations, exemptions, and regulations.

Consultation and Stakeholders

The Bill was developed through extensive consultation with:

• Provincial economic development departments.
• Municipalities and district councils.
• National departments such as Home Affairs and Cooperative Governance.
• The South African Local Government Association (SALGA).

Financial and Constitutional Implications

1.     Financial Implications:

o   Minimal costs for the national government.

o   Provinces and municipalities may need to streamline or expand their business regulation systems.

o   Funding required for a national computerized licensing system.

2.     Constitutional Alignment:

o   Complies with Section 22 of the Constitution, which allows regulation of trade.

o   Aligns with concurrent legislative competencies for “trade” and “trading regulations” under Schedule 4.

o   Provides for exclusive provincial competence in “street trading” under Schedule 5.

Parliamentary Procedure

The Bill is classified as a Section 76 Bill, as it substantially affects provincial interests in areas of concurrent legislative competence. It must also be referred to the National House of Traditional and Khoi-San Leaders for consultation.

Conclusion

The Business Licensing Bill, 2025 is a comprehensive legislative framework aimed at modernizing and standardizing business licensing in South Africa. It balances economic growth, regulatory oversight, and social inclusion, while ensuring alignment with constitutional mandates and fostering cooperative governance across all spheres of government.

WHAT BUSINESSES REQUIRE LICENSES?

The document does not specify the exact types of businesses that require licenses. However, it states that businesses must possess a license if they carry on a designated business undertaking. The designation process is outlined in Section 4, which allows the Minister to identify certain business undertakings as requiring a license. This process includes:

1.     Publication in the Gazette: The Minister must publish a notice of intention to designate specific business undertakings, including reasons for the designation.

2.     Public Consultation: The public is invited to submit written representations within 30 to 90 days.

3.     Consideration of Submissions: The Minister must review public submissions and provide a summary of principal issues raised.

Additionally, the designation process can be initiated by:

• Applications from industry associations, sector associations, or interested persons.
• The Minister’s own investigation based on reasonable and justifiable grounds.

Businesses exempted from licensing requirements may include low-risk sectors, home-based businesses, small-scale artisans, freelancers, or non-profits, as outlined in Section 5.

For further details, businesses can refer to the regulations issued by the Minister or consult the Government Gazette for updates on designated business undertakings.

WHAT IS BUSINESS DEFINED AS?

• “Business” means the selling of goods or services to the public, which requires a business license in terms of Section 6 of the Act in order to conduct business.

This definition emphasizes that any activity involving the sale of goods or services to the public falls under the scope of the Act and may require a business license, depending on the designation and licensing requirements outlined in the legislation.

DETAILED AND COMPREHENSIVE BREAKDOWN

CHAPTER 1: INTRODUCTORY PROVISIONS

1. Definitions

This section defines key terms used in the Act, ensuring clarity and consistency. Examples include:

• Business: Selling goods or services to the public, requiring a license under Section 6.
• Designated business undertaking: A business type requiring a license as determined by the Minister.
• Authorised officer: An official appointed to enforce the Act.
• Non-citizen: Any person who is not a South African citizen.
• Licensing authority: A municipality or provincial authority responsible for issuing licenses.

2. Purpose of the Act

The Act aims to:

• Establish a national framework for business licensing.
• Promote uniformity in licensing procedures across the country.
• Ensure cooperative governance between national, provincial, and municipal levels.
• Simplify compliance for businesses while promoting economic development.
• Provide mechanisms for enforcement and the appointment of authorised officers.

3. Application of the Act

• The Act applies to all businesses, including those owned by non-citizens.
• Non-citizens must comply with visa or permit conditions under the Immigration Act or Refugees Act.

4. Designation of Business Undertakings

• The Minister can declare certain types of businesses as requiring licenses.

• This involves:

• • Publishing a notice in the Government Gazette.
  • Inviting public comments (30–90 days).
  • Considering submissions before finalizing the designation.

• The process can be initiated by:

• • Industry associations, individuals, or the Minister.

5. Exemption from Licensing

• Certain businesses may be exempted from licensing requirements, such as:

• • Home-based businesses with minimal customer traffic.
  • Small-scale artisans or freelancers.
  • Non-profits or start-ups needing temporary relief.

• Exemptions require public consultation and approval by the Minister.

6. Application for Business License

• Businesses must apply for licenses through their local licensing authority.

• Applications must meet:

• • Town planning, health, and safety standards.
  • Suitability checks for applicants (e.g., no history of fraud or regulatory violations).

• Licensing authorities can:

• • Approve, conditionally approve, or refuse applications.
  • Provide written reasons for refusals.

7. Application Requirements

• The Minister will issue detailed regulations on what is needed to apply for a license, ensuring alignment with national, provincial, and municipal laws.

8. Licensing for Foreign Nationals

• Non-citizens must have valid visas or permits to apply for a business license.
• Licenses for non-citizens are valid only for the duration of their immigration status.

CHAPTER 2: PRINCIPLES OF BUSINESS LICENSING

9. Principles of Licensing

Licensing must adhere to the following principles:

• Redress: Address past inequalities, especially in disadvantaged areas.
• Efficiency: Streamline processes to minimize administrative burdens.
• Good Administration: Ensure transparency, fairness, and public participation.
• Cost Recovery: Licensing fees should only cover administrative costs, not generate profit.

10. Compliance with Principles

• Provincial and municipal governments must follow these principles when creating their own laws and by-laws.

CHAPTER 3: INTER-GOVERNMENTAL SUPPORT

11. National Support and Monitoring

• The Minister can assist provinces and municipalities with implementing the Act.
• A National Inter-Departmental Coordination Committee may be established to align efforts across government departments.

12. Provincial Committees

• Provinces can set up committees to coordinate business licensing and support municipalities.

• These committees will:

• • Report to the provincial legislature.
  • Collaborate with municipalities.

13. Municipal Differentiation

• Licensing measures must consider the unique circumstances of each municipality, such as:
  • Financial resources.
  • Capacity to administer licensing functions.

CHAPTER 4: NATIONAL COMPETENCY

14. Policy and Regulatory Framework

• The Minister can identify and simplify burdensome licensing practices.
• Annual reports on findings and recommendations must be submitted to Parliament.

15. Preferential Licensing for Small Businesses

• Small businesses may benefit from:

• • Simplified application processes.
  • Lower fees or fee waivers.
  • Faster approvals.

16. Designated Trading Areas

• Municipalities can create areas reserved for small businesses and citizens.
• Incentives like reduced municipal rates and financial grants may be offered.

17. Database of Licenses

• Municipalities must maintain a database of all issued licenses.
• The Minister can regulate the format and use of the database for statistical purposes.

18. Appointment of Authorised Officers

• Municipalities can appoint officers to enforce the Act.
• Officers must undergo training and adhere to a code of conduct.

19. Powers of Authorised Officers

• Officers can inspect businesses, investigate complaints, and enforce compliance.

20. Entry and Inspection Powers

• Officers can enter premises (with consent or a warrant) to check for compliance.
• Private dwellings require consent or a warrant for entry.

21. Confiscation of Goods

• Officers can confiscate goods from unlicensed businesses, with proper documentation.
• Perishable goods must be handled according to regulated procedures.

22. Compliance Notices

• Officers can issue notices to businesses in violation, detailing what needs to be fixed.
• Notices remain valid until compliance is achieved or the notice is overturned.

23. Administrative Penalties

• Fines can be imposed for non-compliance:
  • R500 for first offenses.
  • R5,000 for second offenses.
  • R10,000 for third offenses.

24. Objections to Notices

• Businesses can appeal compliance notices to an internal authority.
• Appeals suspend the execution of the notice until resolved.

25. Internal Appeal Authorities

• Municipalities must set up appeal bodies to handle disputes over licensing decisions.

26. Offenses

• Lists illegal actions, such as:

• • Operating without a license.
  • Obstructing officers.
  • Providing false information.

27. Penalties

• Sets fines and jail terms for offenses:

• • First offense: Fine or up to 6 months imprisonment.
  • Second offense: Fine or up to 12 months imprisonment.
  • Subsequent offenses: Fine or up to 24 months imprisonment.

CHAPTER 5: PROVINCIAL COMPETENCY

28. Power to Enact Provincial Business Licensing Legislation

• Provincial governments must enact legislation on business licensing for functional areas listed in Schedules 4 and 5 of the Constitution.
• Provincial governments may provide support to municipalities that fail to comply with obligations under the Act or provincial legislation.
• This support can include assistance in preparing, adopting, or revising policies and by-laws related to business licensing.

CHAPTER 6: MUNICIPAL COMPETENCY

29. Power to Enact Business Licensing By-Laws

• Local authorities must enact business licensing by-laws consistent with national and provincial legislation.

• By-laws may include provisions for enforcement, such as:

• • Removal and impoundment of goods, vehicles, or structures used in contravention of licensing laws.
  • Safe storage, return, or disposal of impounded goods.

30. Restriction or Prohibition of Street Trading

• Local authorities may restrict or prohibit street trading in specific areas, such as:

• • Parks, gardens, or heritage sites.
  • Areas near government buildings, places of worship, or national heritage sites.

• The process for restricting or prohibiting street trading includes:

• • Publishing a notice in a local newspaper and inviting public comments (minimum 21 days).
  • Displaying the notice in or near the affected area.
  • Considering all objections before finalizing the restriction or prohibition.

• The declaration of restricted areas must be published in the Government Gazette and submitted to the MEC for review.
• The MEC may amend or revoke the declaration within 60 days after consultation with the local authority.

CHAPTER 7: REGULATIONS AND DIRECTIVES

31. National Regulations and Directives

• The Minister, with the concurrence of the Minister responsible for local government, may issue regulations or directives on business licensing applicable to local government.

• Regulations may cover:

• • Application procedures, forms, and fees.
  • Renewal, extension, or amendment of licenses.
  • Issuance of compliance notices and objections.
  • Penalties and fines.

• Guidelines may be issued to set thresholds for license fees, penalties, and fines.

32. Consultative Process Before Promulgation of Regulations and Directives

• Before issuing regulations or directives, the Minister must:

• • Consult organized local government.
  • Publish draft regulations or directives in the Government Gazette for public comment (minimum 30 days).

33. Provincial Regulations and Directives

• MECs, with the concurrence of the provincial executive council, may issue regulations or directives on business licensing applicable to provincial governments.

• Regulations may address:

• • Application procedures, forms, and fees.
  • Issuance of compliance notices and objections.
  • Penalties and fines.

34. Consultative Process Before Promulgation of Provincial Regulations and Directives

• Before issuing provincial regulations or directives, the MEC must:

• • Consult organized provincial government.
  • Publish draft regulations or directives in the Government Gazette for public comment (minimum 30 days).

CHAPTER 8: GENERAL PROVISIONS

35. Transitional Provisions

• Applications or matters received under the Businesses Act before the commencement of this Act must be finalized under the old Act.
• Business licenses or compliance notices issued under the Businesses Act remain valid until they expire or are revoked.
• Fines or administrative penalties issued under the Businesses Act remain valid until fully discharged.

36. Repeal of Businesses Act

• The Businesses Act, 1991 is repealed in its entirety.

37. Short Title and Commencement

• The Act is called the Business Licensing Act, 2025.
• It will come into operation on a date fixed by the President through proclamation in the Government Gazette.

MEMORANDUM ON THE OBJECTS OF THE BUSINESS LICENSING BILL, 2025

1. Background

• Governments use regulation to promote economic stability, growth, and social development.
• Regulation ensures markets function properly, protects citizens’ rights, and delivers public goods and services.
• South Africa aims to build a developmental state that balances economic growth and social development.
• Section 22 of the Constitution allows the regulation of trade, occupation, or profession by law.
• The Businesses Act, 1991, provided a framework for issuing trade licenses and permits but is outdated and lacks sufficient guidelines for modern business licensing.
• Since 1994, South Africa has enacted new laws to align with the Constitution, but the Businesses Act has not been adequately reviewed or updated.
• The need for a new business licensing framework was identified in 2010, culminating in the Business Licensing Bill, 2025.

2. Objectives of the Bill

The Bill seeks to:

• Establish essential principles and procedures for business licensing.
• Promote economic development through a standardized regulatory framework.
• Harmonize procedures and minimum requirements for business license applications.

3. Summary of Chapters

Each chapter of the Bill is summarized, highlighting its key provisions and objectives.

4. Organizations and Institutions Consulted

The Department consulted various stakeholders, including:

• Provincial economic development departments.
• Municipalities and district councils.
• The South African Local Government Association (SALGA).
• The Department of Cooperative Governance and Traditional Affairs (COGTA).
• The Department of Home Affairs.

5. Financial Implications

• No significant financial implications are expected for the national government.
• Provincial and local governments may need to streamline their business regulatory systems.
• Additional funding may be required to develop a national computerized business licensing system.

6. Constitutional Implications

The Bill aligns with the Constitution by:

• Supporting municipalities in managing their own affairs (Section 154).
• Providing for concurrent national and provincial legislative competence in trade and trading regulations (Schedule 4).
• Allowing provinces to legislate on street trading (Schedule 5).
• Ensuring compliance with Section 44(2), which allows Parliament to intervene in provincial matters under specific conditions.

7. Parliamentary Procedure

• The Bill must be tagged as a Section 76 Bill because it substantially affects provincial interests in trade and trading regulations.
• It must also be referred to the National House of Traditional and Khoi-San Leaders for consultation, as it impacts local government powers and functions.

FULL TEXT

DETAILS

DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

NO. 6683 DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

26 September 2025

BUSINESS LICENSING BILL, 2025

1. I, Ms. Stella Thembisa Ndabeni, Minister of Small Business Development, hereby publish the Business Licensing Bill, 2025 for public comments

2. Any interested person or stakeholder who wishes to submit written comments on the Business Licensing Bill, 2025 is hereby invited to do so within 30 days from the date of publication of this notice by:

(a) Posting to the following address: Block G, the dtic Campus, Private Bag X 84, Pretoria 0001.

(b) Hand delivery to the following address: the dtic Campus, Department of Small Business Development, 77 Meintjies Street, Sunnyside, Pretoria, Block G Ground

Floor.

(c) Mailing such comments electronically to the following address: BLBSubmission@dsbd.gov.z

3. Comments must be addressed to the Director-General: Department of Small Business Development and marked for the attention of Mr. Thembani Masinge.

4. All interested persons or stakeholders are kindly requested to provide the name, postal address, telephone, and email address of the person or organisation when submitting the comments.

5. Electronic copies of the Business Licensing Bill, 2025 may be obtained from the DSBD website at www.dsbd.gov.za and in the Government Gazette for public comments.

.

Ms. Stella Thembisa Ndabeni (MP)

Minister of Small Business Development

REPUBLIC OF SOUTH AFRICA

BUSINESS LICENSING BILL

_________________

As introduced in the National Assembly (proposed section 76 Bill; explanatory summary of Bill and prior notice of its introduction published in Government Gazette No. ___ of ____ 2025)

(The English text is the official text of the Bill)

__________________

(MINISTER OF SMALL BUSINESS DEVELOPMENT)

[B — 2025]

BILL

To provide for a business licensing framework; to provide for principles for business licensing; to provide for the coordination of concurrent competencies relating to business licensing; to promote greater consistency and uniformity in the application of procedures and decision-making by authorities responsible for business licensing; to provide for the appointment of authorised officers and enforcement of business licensing; to repeal the Businesses Act, 1991; and to provide for matters incidental thereto.

PREAMBLE

WHEREAS section 22 of the Constitution provides that every citizen has the right to choose their trade freely and that the practice of a trade may be regulated by law;

AND WHEREAS “trade” is a functional area of concurrent national and provincial legislative competence;

AND WHEREAS “trading regulations”, as a local government matter, is a functional area of concurrent national and provincial legislative competence;

AND WHEREAS “street trading”, as a local government matter, is a functional area of exclusive provincial legislative competence;

AND WHEREAS the current business licensing legislation provides a very broad policy and legislative framework without sufficient guidelines to ensure policy coherence and consistency across the country;

AND WHEREAS the current business licensing legislation does not provide for the regulation and business licensing of foreign-owned businesses;

AND WHEREAS the current business licensing legislation does not reflect the cooperative governance structure as set out in the Constitution;

AND WHEREAS it is necessary that—

• a uniform, recognisable and comprehensive system of business licensing be established throughout the Republic to maintain economic unity, equal opportunity and equal access to government services; and

• the system of business licensing promotes social and economic inclusion;

AND REAFFIRMING the government’s duty to promote economic unity and create a national framework for business licensing;

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows: —

ARRANGEMENT OF SECTIONS

CHAPTER 1

INTRODUCTORY PROVISIONS

1. Definitions

2. Purpose of Act

3. Application of Act

4. Designation of business undertakings

5. Exemption from requirement to obtain business license

6. Application for registration as business license holder

7. Application requirements

8. Application for business license by foreign nationals

CHAPTER 2

PRINCIPLES OF BUSINESS LICENSING

9. Principles of business licensing

10. Compliance with principles of business licensing

CHAPTER 3

INTER-GOVERNMENTAL SUPPORT

11. National support and monitoring

12. Provincial Committee

13. Municipal differentiation

CHAPTER 4

NATIONAL COMPETENCY

14. Policy and regulatory framework

15. Preferential licensing for small businesses

16. Designated trading areas for citizens and small enterprises

17. Database of business licenses maintained by licensing authority

18. Appointment and designation of authorised officers

19. General powers of authorised officers

20. Investigative powers of authorised officers

21. Power of authorised officers to confiscate and remove goods

22. Power to issue compliance notice

23. Administrative penalty

24. Objections to compliance notices

25. Internal appeal authorities

26. Offences

27. Penalties

CHAPTER 5

PROVINCIAL COMPETENCY

28. Power to enact provincial business licensing legislation

CHAPTER 6

MUNICIPAL COMPETENCY

29. Power to enact business licensing by-laws

30. Restriction or prohibition of street trading

CHAPTER 7

REGULATIONS AND DIRECTIVES

31. National regulations and directives

32. Consultative process before promulgation of regulations and directives

33. Provincial regulations and directives

34. Consultative process before promulgation of provincial regulations and directives

CHAPTER 8

GENERAL PROVISIONS

35. Transitional provisions

36. Repeal of Businesses Act

37. Short title and commencement

CHAPTER 1

INTRODUCTORY PROVISIONS

Definitions

1. In this Act, unless the context indicates otherwise—

“authorised officer” means an authorised officer contemplated in section 18;

“business” means the selling of goods or services to the public which requires a business license in terms of section 6 of the Act in order to conduct business;

“Businesses Act” means the Businesses Act, 1991 (Act No. 71 of 1991);

“business license holder” means a person holding a valid business license in terms of section 6;

“business premises” in relation to a business, means the premises upon, in or from which the business is located or is to be carried on;

“business undertaking” means business activity, project, or small enterprise that a person or organisation initiates and carries out, often with the intention of generating profit or achieving a specific goal;

“Constitution” means the Constitution of the Republic of South Africa, 1996;

“Department” means the Department responsible for Small Business Development;

“designated business undertaking” means a business undertaking that has been designated as a business undertaking requiring a business license as contemplated in section 4;

“Immigration Act” means the Immigration Act, 2002 (Act No. 13 of 2002);

“licensing authority” means a municipality contemplated in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), or a provincial authority authorised to issue licenses in terms of provincial legislation;

“MEC” means a member of the Executive Council responsible for economic development in a province;

“Minister” means the Minister responsible for small business development;

“National Committee” means the National Inter-Departmental Coordination Committee established in terms of section 11(2);

“non-citizen” means any natural or juristic person who is not a South African citizen.

“person” means—

(a) a natural person;

(b) a juristic person as contemplated in section 1 of the Companies Act, 2008 (Act

No. 71 of 2008);

(c) any body of persons – corporate or unincorporated;

(d) a trust, as defined in section 1 of the Trust Property Control Act, 1988 (Act No. 57 of 1988);

“premises” includes any land, building, structure, part of a building or structure, or any vehicle, conveyance, vessel, train or aircraft;

“prescribe” means prescribed by regulation;

“Provincial Committee” means the Provincial Inter-Departmental and Municipal Coordinating Committee on business licensing and economic regulation that may be established in terms of section 12(1);

“Refugees Act” means the Refugees Act, 1998 (Act No. 130 of 1998);

“small enterprise” has the meaning assigned to it in section 1 of the National Small Enterprise Act, 1996 (Act No. 102 of 1996); and

“this Act” includes the regulations.

Purpose of Act

2. The purpose of this Act is to—

(a) provide for a common business licensing framework;

(b) provide for principles of business licensing;

(c) provide for the coordination of concurrent national and provincial competencies relating to business licensing;

(d) promote greater consistency and uniformity in the application of procedures and decision-making by authorities responsible for business licensing;

(e) provide a framework for co-operative governance and the harmonisation of standard procedures and minimum requirements for the processing of business licenses; and

(f) provide for the appointment of authorised officers and the enforcement of business licensing.

Application of Act

3. This Act applies to all persons, citizens and non-citizens, provided that noncitizens comply with the visa or permit conditions as required in terms of the Immigration Act and the Refugees Act.

Designation of business undertakings

4. (1) A business must possess a business licence if it carries on a business undertaking that has been designated, in terms of subsection (2), as a business undertaking that requires a business licence.

(2) The Minister may, by notice in the Gazette, designate a business undertaking as requiring a business licence if the business undertaking falls within the scope of the functional areas listed in Schedule 4 to the Constitution.

(3) Prior to designating a business undertaking as contemplated in subsection (2), the Minister must—

(a) publish a notice in the Gazette of the intention to designate specified business undertaking, including the reasons for such designation;

(b) invite the public to submit written representations on the proposed designation within a period of not less than 30 days and not more than 90 days from the date of publication of the notice; and

(c) consider all submissions received from the public in terms of paragraph

(b), if any, and, where appropriate, provide a summary of the principal issues raised and a response thereto.

(4) A designation process referred to in subsection (3) may be initiated by—

(a) an application, in a form as prescribed by the Minister in the Government Gazette, by an industry association, sector association or interested person; or

(b) the Minister after conducting an investigation and on any reasonable and justifiable grounds, on his or her own initiative to further the objects of Act.

Exemption from requirement to obtain business license

5. (1) The Minister, in consultation with the Ministers responsible for trade, industry and competition, employment and labour, cooperative governance and traditional affairs, home affairs, and provincial and local government may, from time to time, exempt certain industries or sectors from the requirement to obtain a business license, either—

(a) upon application, in writing, by an industry association, national or provincial government department; or

(b) after conducting a thorough investigation and on any reasonable and justifiable grounds, out of his or her own initiative.

(2) Before granting an exemption in terms of subsection (1), the Minister must publish in the Gazette a notice of intention to exempt the industry or sector and invite public comments to be submitted within a period of not less than 60 days from the date of publication of the notice.

(3) Any business may seek an exemption from the requirement to obtain a business license by submitting, in writing, an application for exemption to the relevant licensing authority, which application must demonstrate that the business meets one or more of the following criteria:

(a) The business operates in a sector deemed as a low-risk by the Minister, which may include—

(i) a home-based business with minimal customer traffic;

(ii) small-scale artisans or craftspeople operating from home; or

(iii) freelancers or independent contractors working from home;

(b) the business has a proven track record of compliance with relevant regulations, evidenced by—

(i) no history of regulatory violations or penalties;

(ii) consistent adherence to health and safety standards; and

(iii) positive feedback from regulatory inspections;

(c) the business contributes significantly to local economic development, which may include—

(i) providing employment opportunities in underserved areas;

(ii) supporting local supply chains and vendors; or

(iii) engaging in community development initiatives;

(d) the business is a non-profit organisation or charity that qualifies as tax-exempt under relevant tax laws;

(e) the business is a start-up or small enterprise that requires temporary relief from licensing requirements to establish itself, provided it meets specific conditions set by the licensing authority; and

(f) any other relevant considerations as determined by the Minister, provided that they are consistent with the objectives of this Act.

(4) The relevant licensing authority must evaluate the application based on the criteria outlined in subsection (3) and provide a decision, in writing, to the applicant within 30 days of receiving the application. Provided that the application is denied, the licensing authority must provide the applicant with reasons, in writing, for the denial.

(5) The Minister will publish regulations in the Government Gazette to be used by the Licensing Authority for the Application and evaluation criteria of the provision outlined in subsection 3.

Application for registration as business license holder

6. (1) A licensing authority may, on application by a person contemplated in subsection (2), issue a business license authorising a business to carry on a designated business undertaking within the licensing authority’s area of jurisdiction.

(2) An application for a business license must be made by the person in actual and effective control of the business or a duly authorised representative.

(3) Any person who seeks to apply for a business license to carry on a business undertaking in any premises, must apply—

(a) at the relevant licensing authority’s office;

(b) in the prescribed manner and form; and

(c) in accordance with any applicable national laws, provincial legislation and municipal by-laws.

(4) A licensing authority must issue a business license applied for in terms of subsection (3), unless—

(a) the business premises does not comply with any applicable prescribed requirements relating to town planning, the safety or health standards or any other requirements applicable to that type of business; or

(b) the licensing authority is not satisfied that the person in actual and effective control of the business is a suitable person to hold a business license, having regard to—

(i) any criminal convictions involving fraud, dishonesty, public health, or safety violations;

(ii) previous conduct directly related to the management or operation of a business, including prior regulatory breaches or license revocations; or

(iii) documented evidence of fraudulent activities, material misrepresentation, or conduct that poses a risk to public health, safety, or the integrity of the business licensing system.

(5) In considering an application for a license, a licensing authority may—

(a) grant the application and issue a license unconditionally;

(b) conditionally grant the application but make the issuance of the license subject to the applicant complying with certain requirements to ensure compliance with this section;

(c) grant the application and issue a license subject to particular conditions related to the requirements outlined in this section; or

(d) refuse the application.

(6) If an application is refused, the licensing authority must provide the applicant with reasons, in writing, for the refusal.

(7) A license issued in terms of subsection (4) is valid for the period stipulated on the license, which period may not exceed five years.

(8) A licensing authority may, on application by a license holder, by way of endorsement on the license—

(a) amend a condition;

(b) extend the period referred to in subsection (7);

© revoke a condition; or

(d) indicate that a condition specified in the license has been complied with.

Application Requirements

7. The Minister must issue regulations through the Government Gazette pertaining to the application requirements which must be in line with all relevant National Legislation, Provincial legislation and Municipal By-Laws.

Application for business license by foreign nationals

8. (1) If the applicant for a business license is not a South African citizen, the applicant must hold—

(a) a valid visa or permit authorising him or her to operate a business in terms of the Immigration Act; or

(b) an asylum seekers visa or refugee visa in terms of the Refugees Act.

(2) Notwithstanding subsection (1), a license granted to a non-citizen is only valid for the period that the non-citizen is authorised to operate a business in the Republic, as evidenced by a valid visa or permit granted in terms of the Immigration Act or the Refugee Act.

CHAPTER 2

PRINCIPLES OF BUSINESS LICENSING

Principles of business licensing

9. (1) The following principles apply to business licensing by a licensing authority:

(a) The principle of redress, whereby—

(i) past unjust business licensing and permitting policies and other development imbalances must be redressed, including through improved access to economic and business infrastructure;

(ii) business license policies and procedures at all spheres of government must address the inclusion of persons and areas that were previously excluded, with the emphasis on informal settlements, former homeland areas and areas characterised by widespread poverty and deprivation; and

(iii) business licensing management systems must include all areas of a municipality and specifically include provisions that are flexible and appropriate for the management of disadvantaged areas, informal settlements and former homeland areas;

(b) the principle of efficiency and suitability, whereby—

(i) business licensing optimises the use of existing resources and infrastructure;

(ii) decision-making procedures are designed to minimise negative financial, social, economic or environmental impacts;

(iii) business licensing application procedures are efficient and streamlined and timeframes are adhered to by all parties;

(iv) business licensing procedures and criteria minimise administrative compliance burdens and avoid creating regulatory burdens and constraints; and

(v) license fees are set to cover administrative costs and not generate additional income as licenses serve as regulatory instruments rather than fiscal tools; and

(c) the principle of good administration, whereby—

(i) the affected spheres of government, where necessary, develop an integrated approach to business licensing that is guided by the principles and procedures as embodied in this Act;

(ii) the consideration of licensing applications includes fair and transparent processes that afford interested and affected parties the opportunity to provide inputs on matters affecting them; and

(iii) applicable provisions and procedures are clearly articulated and transparent to members of the public.

Compliance with principles of business licensing

10. (1) In enacting provincial business licensing legislation in terms of section 28, the provincial government must comply with the principles set out in section 9.

(2) In enacting business licensing by-laws in terms of section 29, a municipality must comply with the principles set out in section 9.

CHAPTER 3

INTER-GOVERNMENTAL SUPPORT

National support and monitoring

11. (1) The Minister may—

(a) within available resources, provide support and assistance to—

(i) a province as contemplated in section 125(3) of the Constitution; or

(ii) a municipality as contemplated in section 154(1) of the Constitution; and

(b) monitor—

(i) compliance with the business licensing principles and procedures; and

(ii) the capacity of provinces and municipalities to implement this Act.

(2) The Minister may establish a National Inter-Departmental Co-ordination Committee on business licensing and economic regulation.

(3) The National Committee must consist of the following members appointed by the Minister:

(a) At least two, but not more than four, persons to represent the Minister;

(b) one person, in full-time employment seconded from each of the following departments:

(i) the Department;

(ii) the national department responsible for trade, industry and competition;

(iii) the national department responsible for agriculture, land reform and rural development;

(iv) the national department responsible for co-operative governance and traditional affairs;

(v) the national department responsible for forestry, fisheries and the environment;

(vi) the national department responsible for mineral resources and energy;

(vii) the national department responsible for transport;

(viii) the national department responsible for employment and labour;

(ix) the national department responsible for home affairs;

(x) any other national department identified by the Minister; and

(c) one person, in full-time employment, seconded from each provincial economic development department.

(4) The Minister must appoint the chairperson and deputy chairperson from among the persons appointed in terms of section 11(3)(a).

(5) The National Committee may—

(a) advise the Minister and the members of the Executive Council responsible for economic development on any matter related to business licensing;

(b) conduct research and review legislation and policies relating to business licensing to ensure that there is policy coherence between national, provincial and local government to reduce burdensome and prohibitive

processes and procedures;

(c) advise the Minister concerning the implementation of business licensing principles and procedures, as well as the formulation of regulations under this Act; and

(d) perform any functions or duties related to business licensing as may be determined by the Minister by notice in the Gazette, provided that such functions do not fall within the licensing functions of provincial and local government.

Provincial Committee

12. (1) The MEC may establish, as a Provincial Committee, a Provincial Inter- Departmental and Municipal Co-ordinating Committee on business licensing and economic regulation, which consists of members appointed by the MEC, in consultation with MECs responsible for provincial departments as contemplated in subsection (2).

(2) The Provincial Committee must consist of—

(a) one person to represent the MEC;

(b) one person, in full-time employment, from each of the provincial departments responsible for—

(i) economic development, trade, industry and competition;

(ii) agriculture, land reform and rural development;

(iii) co-operative governance and traditional affairs;

(iv) forestry, fisheries and the environment;

(v) mineral resources and energy;

(vi) transport;

(vii) employment and labour;

(viii) home affairs and;

(c) one person, in full-time employment, from the local economic development office of each municipality.

(3) The relevant MEC must appoint from among the members of the Provincial Committee, a chairperson, and a deputy chairperson.

(4) The Provincial Committee must—

(a) co-ordinate the co-operative development and support of business undertakings for all provincial government departments dealing with business licensing and economic regulation;

(b) co-ordinate the provision of support for business licensing and economic regulation across departments;

(c) report to the provincial legislature concerned;

(d) report to the Department on business undertakings relating to business licensing and economic regulation;

(e) collaborate with all municipalities regarding, and co-ordinate, the provision of support for business licensing and economic regulation and submit reports as prescribed.

(5) The relevant MEC may, in furtherance of inter-governmental co-ordination—

(a) assist a municipality with the preparation, adoption or revision of its policies and by-laws regarding business licenses; and

(b) facilitate the co-ordination and alignment of business licensing systems of different municipalities.

Municipal differentiation

13. (1) In the development and application of measures to monitor and support the performance of the functions of municipalities in terms of this Act and any other legislation regulating business licenses, the national government and provincial governments must take into consideration the unique circumstances of each municipality.

(2) For the purposes of this section, the unique circumstances of a municipality may be determined based on identified criteria, including—

(a) the categories of municipalities contemplated in section 155(1) of the Constitution;

(b) the criteria identified and applied in accordance with national or provincial legislation relating to the supervision and monitoring of local government; and

(c) financial resources, capacity and the financial viability of a municipality.

(3) For the purposes of this section, different information may be requested from different municipalities, taking into consideration the capacity of a municipality to administer the functions envisaged in this Act.

CHAPTER 4

NATIONAL COMPETENCY

Policy and regulatory framework

14. (1) The Minister may, by notice in the Gazette, identify existing or proposed licensing policies, legislation, regulations and administrative practices that are burdensome or restrictive to the small enterprise sector.

(2) The Minister must issue notice in the Government Gazette to organs of state in the national, provincial and local spheres of government responsible for licensing policies, legislation, regulations and administrative practices contemplated in subsection (1), which notice must include recommendations on corrective measures to be taken to address burdensome or restrictive licensing policies, legislation, regulations and administrative practices identified by the Minister in terms of subsection (1).

(3) The Director-General must—

(a) compile an annual report of any findings or recommendations in respect of the licensing measures contemplated in subsection (1); and

(b) submit the report to the Minister, for tabling in Parliament.

Preferential licensing for small businesses

15. (1) A licensing authority may make by-laws to provide for preferential business licensing for small businesses.

(2) Preferential licensing for small businesses may include—

(a) processes to facilitate easy and quick approval of business licenses for small businesses;

(b) assistance to the applicant in the application process;

(c) a shortened and simplified application process;

(d) a simplified and shortened renewal process;

(e) lower application fees; and

(f) the waiver or suspension of fees.

Designated trading areas for citizens and small enterprises

16. (1) The licensing authority may, after consultation with the MEC of the relevant province, the Minister and the Minister responsible for spatial planning and land use, make by-laws to—

(a) designate any specified area within its jurisdiction to be a trading area for the exclusive participation of small enterprises;

(b) define the boundaries of the exclusive trading area;

(c) alter the boundaries of any exclusive trading area;

(d) determine that any exclusive trading area ceases to be reserved for small enterprises; and

(e) determine how the designated trade and commercial areas and zones may be supported through various interventions, including, but not limited to—

(i) reduced municipal rates and fees;

(ii) financial incentives and grants; and

(iii) advice and training for small enterprises.

Database of business licenses maintained by licensing authority

17. (1) A licensing authority must keep a database of all business licenses issued within its jurisdiction.

(2) The Minister may, in order to promote the objects of this Act, or for statistical purposes, make regulations relating to—

(a) the manner and format in which the database of business licenses, as contemplated in subsection (1) is to be established and maintained by a licensing authority;

(b) any additional particulars to be included in the database;

(c) the frequency of the update of the business licensing database by the licensing authority; and

(d) the collection of statistical information from all business databases.

Appointment and designation of authorised officers

18. (1) A licensing authority may appoint an authorised officer to implement, monitor and enforce compliance with this Act, relevant provincial legislation or applicable by-laws.

(2) Authorised officers must be appointed or designated in accordance with the criteria and processes as envisaged in this Act and applicable regulations if promulgated by the Minister.

(3) The Minister must issue a regulation detailing the criteria for the appointment of authorised Officers.

(4) The licensing authority must ensure that the following provisions are established and maintained for authorised officers:

(a) A code of conduct applicable to authorised officers;

(b) comprehensive training programmes to ensure that authorised officers possess the necessary knowledge and competence to perform their duties effectively; and

(c) mechanisms for regular oversight and evaluation of the performance of authorised officers, including periodic reviews and reporting requirements.

General powers of authorised officers

19. (1) An authorised officer has the powers as provided for in this Act, the relevant provincial legislation or applicable by-laws regarding business licenses.

(2) An authorised officer, subject to sections 20, 21 and 22, has the power to—

(a) conduct inspections, monitor and enforce compliance with this Act or bylaw and any other law which authorises him or her to conduct an inspection;

(b) investigate complaints submitted to the licensing authority;

(c) question any person on any premises in respect of anything which may be relevant to a matter that is being investigated;

(d) question any person whom the authorised officer believes may have information relevant to the inspection;

(e) order any person to appear before him or her at a reasonable time and place determined by the authorised officer, with regard to a matter that is being investigated;

(f) order any person related to the issuance or application of a license in terms of this Act to appear before him or her at a reasonable time and place determined by the authorised officer, with regard to the matter being investigated;

(g) inspect or copy any document, take photographs or make audio-visual recordings of any person, process, action or condition on or regarding any premises and take samples of any substance that is relevant to the inspection; and

(h) close any premises pending further investigation in order to comply with the provisions of this Act.

Power of authorised officers to enter premises, request documents and question anyone

20. (1) Subject to subsections (2) and (4), an authorised officer may, in order to monitor and enforce compliance with this Act—

(a) enter any premises, other than a private dwelling, if the authorised officer has reasonable grounds to believe that a business is being conducted in contravention of this Act;

(b) request the person in charge of the premises to produce a business license; and

(c) question the person in charge of the premises in relation to any aspect of a business license and conduct an inspection of any business undertaking on the premises.

(2) An authorised officer may enter a private dwelling only—

(a) upon producing an appropriate identification, with the consent of the owner or occupier; and

(b) where consent is refused, if authorised to do so by a warrant issued in terms of subsection (3)

(3) A warrant contemplated in subsection (2) may be issued by a judge or a magistrate if it appears from written information given by the authorised officer on oath or affirmation that there are reasonable grounds for believing that a contravention of this Act has been or is being committed within the area of jurisdiction of that judge or magistrate. The warrant must specify the parameters within which the authorised officer may perform an inspection, entry, search or seizure.

(4) Notwithstanding the provisions of subsection (2), an authorised officer may inspect the premises without such a warrant as referred to in subsection (3) if that authorised officer has reasonable grounds to believe that—

(a) a search warrant will be issued to him under subsection (2)(b), if he or she applies for such a warrant; and

(b) the delay in obtaining such a warrant would defeat the object of the search.

Power of authorised officers to confiscate and remove goods

21. (1) Subject to section 20, an authorised officer, who reasonably suspects that a business is being conducted without a business license, or in contravention of the conditions on their business license, may, without a warrant, confiscate and remove any goods from the premises of a business that, on reasonable grounds, are being utilised in a manner that contravenes this Act or any relevant by-law or legislation that relates to business licenses.

(2) An authorised officer must issue to the business owner a receipt with details of the goods that are confiscated or removed in terms of subsection (1).

(3) Any goods confiscated and removed in terms of this section must be kept in such a way that it is secured against damage.

(4) In cases where perishable goods are seized, the authorised officer must follow a regulated handover process, which process must be outlined in the relevant by-laws potentially transferring such goods to the department responsible for agriculture or another designated agency, together with documentation of the condition and handling instructions.

Power to issue compliance notice

22. (1) An authorised officer may issue a compliance notice in the prescribed form to a person whom the authorised officer, on reasonable grounds, believes is carrying on business in contravention of this Act.

(2) A compliance notice must set out—

(a) the details of the person or business premises to which the notice applies;

(b) the provision of this Act that has been contravened;

(c) details of the nature and extent of the contravention;

(d) any steps that are required to be taken and the period within which those steps must be taken; and

(e) any penalty that may be imposed in terms of this Act.

(3) A compliance notice issued remains valid until—

(a) the internal appeal authority issues a compliance certificate as contemplated in subsection (4); or

(b) it is set aside by the internal appeal authority.

(4) Where the requirements of a compliance notice issued in terms of subsection (2) have been satisfied, the authorised officer must issue a compliance certificate.

(5) If a person to whom a compliance notice has been issued fails to comply with the notice, an authorised officer may impose an administrative penalty against such a person in terms of section 23.

Administrative penalty

23. (1) An authorised officer may impose an administrative fine, as contemplated in subsection (2), on a person for failure to comply with a compliance notice as envisaged in section 22.

(2) An authorised officer may impose an administrative fine in the amount of—

(a) up to R500, for a first failure to comply;

(b) up to R5000, for a second failure to comply; and

(c) up to R10 000, for a third failure to comply.

Objections to compliance notices

24. (1) Any person issued with a compliance notice may, in terms of section 25, appeal against such notice to the relevant internal appeal authority in the prescribed manner and form within—

(a) 15 days after receiving such notice; or

(b) such longer period as may be allowed by the internal appeal authority, on good cause shown.

(2) Where any person is issued with a compliance notice and has appealed in terms of subsection (1), the execution of the compliance notice is suspended until the finalisation of the appeal.

(3) If the internal appeal authority confirms or varies a notice, the business license holder must comply with that compliance notice as confirmed or altered, within the period specified therein.

(4) No person may apply to a court for the review of a compliance notice contemplated in subsection (1), until that person has exhausted his or her remedies in terms of this Act.

Internal appeal authorities

25. (1) A licensing authority must establish an internal appeal authority to deal with appeals against decisions of the licensing authority.

(2) Any person whose rights have been materially and adversely affected by any decision taken by the licensing authority in the exercise of its powers, may appeal such decision to the internal appeal authority within a period prescribed by the licensing authority.

(3) Sections 6, 7(1) and 8 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), apply to any court proceedings contemplated in this section.

Offences

26. (1) A person is guilty of an offence if the person in question—

(a) fails to produce a business license upon request;

(b) has contravened the conditions of the business license issued to the business or premises;

(c) operates a business without a business license in contravention of section 6 or otherwise fails to comply with the requirements of section 6 of this Act;

(d) obstructs or hinders an authorised officer in the performance of his or her functions or duties or the exercise of his or her powers under this Act;

(e) refuses or fails to give an explanation or particulars or information relating to a matter within his or her knowledge when requested by an authorised officer to do so, or if such person provides particulars of information which is false or misleading, knowing it to be false or misleading;

(f) falsely holds himself or herself out to be a licensing authority;

(g) makes use of an invalid or false business license not issued by a licensing authority;

(h) falsely holds himself or herself out to be an owner for purposes of applying for a business license;

(i) provides misleading or false information in support of their application for a business license;

(j) operate a business without the required visa or permit, where applicable and or;

(k) otherwise interferes with the enforcement of this Act.

Penalties

27. (1) Any person convicted of an offence in terms of this Act is liable—

(a) if convicted for the first time, to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment;

(b) if convicted for the second time, to a fine or imprisonment for a period not exceeding 12 months or to both such fine and imprisonment;

(c) for a subsequent conviction, to a fine or to imprisonment for a period not exceeding 24 months or to both such fine and imprisonment.

CHAPTER 5

PROVINCIAL COMPETENCE

Power to enact provincial business licensing legislation

28. (1) A provincial government must enact legislation on business licensing in relation to the functional areas listed in Schedules 4 and 5 to the Constitution and in relation to street trading as a functional area listed in Schedule 5 to the Constitution.

(2) A provincial government may, by notice in the Gazette, provide support in the event of the inability or failure of a municipality to comply with an obligation in terms of this Act or provincial legislation.

CHAPTER 6

MUNICIPAL COMPETENCE

Power to enact business licensing by-laws

29. (1) A local authority must enact business licensing by-laws consistent with this Act, as well as the relevant provincial legislation, with respect to the functional areas listed as local government matters in Schedules 4 and 5 to the Constitution.

(2) Any by-law made in terms of this section may provide for the enforcement of the local authority’s licensing by-laws, including the removal and impoundment by an authorised person of any goods, receptacle, vehicle or movable structure.

(3) In relation to impoundment as contemplated in subsection (2), provision must be made for the—

(a) safe and secure storage of such goods;

(b) return of such goods;

(c) part compensation if the goods are sold, to defray expenses; and

(d) disposal of the goods before they are reclaimed.

Restriction or prohibition of street trading

30. (1) The local authority may restrict the carrying on of the business of street vendors, pedlars, or hawkers—

(a) in a garden or park to which the public has a right of access;

(b) on a verge as defined in section 1 of the National Road Traffic Act, 1996 (Act No. 93 of 1996), contiguous to—

(i) a building belonging to, or occupied solely by, the State or the local authority concerned;

(ii) a church or other place of worship;

(iii) in or near a place declared as a national heritage site of a provincial heritage site in terms of section 27 of the National Heritage Act, 1999 (Act No. 25 of 1999) in an area declared or to be declared under subsection (2).

(2) A local authority may, subject to this section, by resolution, declare any place in its area of jurisdiction to be an area in which the carrying on of the business of street vendors, pedlars, or hawkers may be restricted or prohibited

(3) Before publishing the declaration referred to in subsection (2) in the Gazette, the local authority must have regard to the effect of the presence of a large number of street vendors, pedlars or hawkers in that area, and must consider whether—

(a) more effective supervision or control in that area, including negotiations with any person carrying on business in that area as a street vendor, pedlar or hawker or their representatives, will make such declaration unnecessary; and

(b) the intended restriction or prohibition will drive out of business a substantial number of street vendors, pedlars or hawkers.

(4) The local authority must cause a plan to be prepared showing the position of the area intended to be covered by the declaration.

(5) The local authority must publish in a newspaper circulating in the area of jurisdiction of that local authority, a notice setting out its intention to effect the restriction or prohibition concerned as well as the reasons therefore.

(6) The notice in subsection (5) must—

(a) state that the plan is open for inspection at a place and during the hours mentioned in the notice; and

(b) call upon any person who wishes to submit comments to submit such comments in writing to the local authority within a period mentioned in the notice, which period may not be shorter than 21 days following the day upon which the notice appeared in the newspaper.

(7) The local authority must, at least 21 days before the last day on which written comments may be submitted in terms of such notice, cause a copy of the said notice to be displayed at a suitable place in or near the area concerned.

(8) The local authority must consider all comments received in terms of subsection (6) or (7) and may thereafter decide on the declaration of the area concerned.

(9) The local authority must publish the declaration in the Gazette, and such declaration takes effect on the date of such publication or on the date specified in the declaration.

(10) The local authority must, after the publication of the declaration referred to in subsection (9), submit to the MEC a copy of the plan of the area, the notice published in the newspaper in terms of subsection (5), the declaration published in the Gazette in terms of subsection (9) and all objections received, together with its comments thereon.

(11) The MEC may, within a period of 60 days after such submission and after consultation with the local authority concerned, by notice in the Gazette, amend or revoke the declaration concerned.

CHAPTER 7

REGULATIONS AND DIRECTIVES

National regulations and directives

31. (1) Subject to section 32, the Minister, acting with the concurrence of the Minister responsible for local government, may make regulations or directives on business licensing applicable to local government, regarding—

(a) any matter that, in terms of this Act, falls within the functional areas applicable to local government as envisaged in Part B of Schedule 5 to the Constitution; and

(b) the framework for business licensing, including procedures and requirements;

(2) The regulations contemplated in paragraph (b) may provide for procedures and forms dealing with—

(a) the application for a business license;

(b) the extension of the period to deal with licensing applications;

(c) the validity of a business license;

(d) the extension of a business license;

(e) the renewal of a business license;

(f) the extension of the period to deal with the renewal of a business license;

(g) the condonation of the non-renewal of a business license;

(h) the revocation or suspension of a business license;

(i) fronting practices;

(j) the death or incapacity of a license holder;

(k) the transfer of a business license;

(l) the amendment of a business license by a licensing authority, at its own discretion; and

(m) the amendment of a business license, at the request of the license holder.

(n) the issuance of compliance notices as outlined in section 22(1);

(o) the procedures for objections to compliance notices as outlined in section 24.

(3) The Minister may issue guidelines outlining thresholds for license fees, penalties and fines to be levied in pursuance of this Act.

Consultative process before promulgation of regulations and directives

32. (1) Before the regulations or directives in terms of section 30 are promulgated, the Minister must—

(a) consult organised local government on the substance of those regulations or directives, as the case may be; and

(b) publish, for a period of at least 30 days, the draft regulations or directives, as the case may be, in the Government Gazette for public comment.

Provincial regulations and directives

33. (1) The MEC, acting with the concurrence of the provincial executive council, may make regulations or directives on business licensing applicable to the provincial government, regarding—

(a) any matter that, in terms of this Act, falls within the functional areas applicable to provincial government as envisaged in Schedules 4 and 5 to the Constitution;

(b) the framework for business licensing, including procedures and requirements as outlined in section 31(1)(b);

(c) the procedures and forms for business licensing applications, extensions, renewals, and amendments as outlined in section 31 (1)(b);

(d) the issuance of compliance notices as outlined in section 22(1);

(e) the procedures for objections to compliance notices as outlined in section 24.

Consultative process before promulgation of provincial regulations and directives

34. (1) Before the regulations or directives in terms of section 33(1) are promulgated, the MEC must—

(a) consult organised provincial government on the substance of those regulations or directives, as the case may be; and

(b) publish, for a period of at least 30 days, the draft regulations or directives, as the case may be, in the Government Gazette for public comment.

CHAPTER 8

GENERAL PROVISIONS

Transitional provisions

35. (1) Any application for a business license or matter received by a licensing authority in terms of the Businesses Act, before the date of commencement of this Act and not disposed of prior to the date of commencement of this Act, must be disposed of by that authority in terms of that Act, despite its repeal.

(2) With effect from the date of the commencement of this Act—

(a) a business license or compliance notice issued in terms of the Businesses Act remains valid, as if that Act had not been repealed, until it expires, thereafter it must be renewed in terms of this Act, unless revoked by the licensing authority; and

(b) a fine or administrative penalty issued in terms of the Businesses Act remains valid, as if that Act had not been repealed, until it is fully discharged, unless revoked by the licensing authority.

Repeal of Businesses Act

36. The Businesses Act is hereby repealed.

Short title and commencement

37. This Act is called the Business Licensing Act, 2025, and comes into operation on a date fixed by the President by proclamation in the Gazette.

MEMORANDUM ON THE OBJECTS OF THE BUSINESS LICENSING BILL, 2025

1. BACKGROUND

1.1 Governments seek to achieve a wide range of social, economic, environmental, and regional and equity objectives through various legislative and fiscal tools most commonly through spending, taxation and regulation. A Government’s role in the economy can be broken down into two basic sets of functions, firstly it attempts to promote economic stability and growth and secondly, it attempts to regulate and control the economy. Its tools for promoting stability and growth are fiscal policy (alterations in tax rates and spending programmes) and monetary policy (alterations in the amount of money in circulation). Regulation is one of the state’s core functions. It is also one of its classical functions. From a historical perspective, the state engaged in regulation long before the government also took it upon itself to provide welfare services to its citizens. Regulation defines the border between state and society, government and market ( Christensen, 2010). Regulations are indispensable to the proper functioning of economies and societies. They underpin markets, protect the rights and safety of citizens and ensure the delivery of public goods and services. Government regulation provides rules, standards and guidance to individuals and organisations.

1.2 South Africa is committed to building a developmental state that efficiently guides national economic development by mobilising the resources of society and directing them toward the realisation of common goals. A developmental state plays an active role in guiding economic development and using the resources of the country to meet the needs of the people. A developmental state tries to balance economic growth and social development.

1.3 Section 22 of the Constitution of the Republic of South Africa, 1996 (“Constitution”), provides that every citizen has the right to choose their trade, occupation or profession freely and that the practice of a trade, occupation or profession may be regulated by law. The Businesses Act, 1991 (Act No. 71 of 1991) (“Businesses Act”), as amended in 1993, provides for the issuing of trade licenses and permits by municipalities to both formal and informal businesses that want to operate in their geographic jurisdiction. Business licenses are permits issued by local government that allow individuals or companies to conduct business within the government’s geographical jurisdiction. It is the authorisation to start a business issued by the local government. A single jurisdiction often requires multiple licenses that are issued by multiple government departments and agencies. Business licenses vary between countries, states, and local municipalities. There are often many licenses, registrations and certifications required to conduct a business in a single location.

1.4 Trade regulation in South Africa has a long history beginning in colonial times and continuing into the establishment of the Republic. It was also invariably interlinked with colonial laws and apartheid laws especially laws, that regulated access and ownership of land, housing and trade, on the basis of racial discrimination.

1.5 During the 1980s, much of the legal framework that the apartheid government had used for decades to control and restrict black business undertaking was removed. The 1980s represented a period of deregulation in which the policy climate surrounding the small-scale industry began to shift from outright repression to tolerance and, in some instances, initiatives for the limited promotion of black businesses. In the beginning of 1980, under the leadership of the newly founded Small Business Development Corporation new efforts to stimulate small-scale black manufactures were gradually put in place as part of a wider growth strategy. This period also saw the abolition of a number of apartheid laws, initially the Influx Control Act, 1986 (Act No. 68 of 1986) and subsequently the Group Areas Act, 1950 (Act No. 41 of 1950), the Black Land Act, 1913 (Act No. 27 of 1913), the Development Trust and Land Act, 1936 (Act No. 18 of 1936) and the Population Registration Act, 1950 which was repealed in 1991.

1.6 A further development came in 1991, with the enactment of the Businesses Act, which repealed a wide range of licensing laws relating to many different types of businesses. The Businesses Act was amended in 1993 to, amongst others, provide for the power of the Minister to amend Schedule 2 to the said Act, which lists the businesses that require a business license, as well as to provide powers for licensing authorities to impound goods and equipment where appropriate.

1.7 Since the enactment of the Businesses Act, many changes have taken place in the South African economy. Technological advances during this time created an environment that enabled different types of small business to flourish. Furthermore, with the abolishment of the influx control laws, migration from the rural areas to the cities, including foreign migration has seen a major increase in un-regulated or unlicensed businesses.

1.8 Since 1994, a substantial body of new laws has emerged from all levels of government to fulfil the mandate presented by the Constitution. The journey towards a constitutional, democratic order began with the adoption of the Constitution and has continued with the enactment of new laws as well as the amendment and or repeal of old laws. This effort was spearheaded by the South Africa Law Reform Commission (“SALRC”) whose mandate is to do research with reference to all branches of the law of the Republic and to study and investigate all such branches to make recommendations for the development, improvement, modernisation or reform thereof, including the repeal of obsolete or unnecessary provisions, the removal of anomalies, the bringing about of uniformity in the law in force in the various parts of the Republic, the consolidation or codification of any branch of the law and steps aimed at making the common law more readily available.

1.9 In its October 2016 provisional review, the SALRC identified 226 statutes that were administered by the then Department of Trade and Industry (“DTI”). Of these 226 statues, five had been transferred to two other departments whereby, in February 2010, the administration of the Competition Act, 1998 (Act No. 89 of 1998) was transferred to the Department of Economic Development and, on 15 July 2014, certain Acts with their amendment Acts were transferred to the Minister of Small Business Development, including the Close Corporations Act, 1984 (Act No. 69 of 1984), the National Small Enterprise Act, 1996 (Act No. 102 of 1996) (“National Small Enterprise Act”) and the Co-operatives Act, 2005 (Act No. 14 of 2005) (“Co-operatives Act”).

1.10 In this 2016 review, the SALRC proposed that nineteen (19) Acts be completely repealed, and also made recommendations on the amendments of a large number of Acts. The Businesses Act was, however, not identified for repeal or amendment in this review. While the SALRC did not recommend the review of the Businesses Act, the need for this legislation to be reviewed had been realised not only by the Government but also by the very stakeholders that the said Act impacts on, especially small enterprises both formal and informal, who are involved in street trading.

1.11 The review of the Businesses Act began around 2010 and culminated in the gazetting of the Licensing of Businesses Bill on the 18th of March 2013 by the then Minister of Trade and Industry. This was further extended to 30th April 2013. Public consultation suggested to the Minister that the time given for consultation was not enough. As a result, the Minister established a task team with particular terms of reference to consult with the general public and constituencies. This Task Team submitted its report in early 2014 for consideration by the Minister.

1.12 With the establishment of the Department of Small Business Development (“DSBD”) in 2014, two pieces of legislation were initially transferred from the DTIC to the DSBD, namely, the National Small Enterprise Act and the Co-operatives Act. In the process of discussing the further transfer of functions, it was agreed that the Businesses Act would be transferred to the DSBD, but this process was never completed and finalised through a Presidential proclamation. In October 2020, the Businesses Act and thus the draft Licensing of Business Bill, 2013, were assigned to the DSBD by Presidential proclamation.

1.13 During the 2021/2022 period, the DSBD started the process of reviewing the Businesses Act and the erstwhile Licensing of Business Bill, 2013, and envisaged that the Business Licensing Bill would be introduced in Parliament by the end of the 2023/24 financial year. This was, however, suspended in order to prioritise the finalisation of the Business Licensing Policy as approved by Cabinet on 28 May 2025, so as to establish a policy basis for the Bill.

2. OBJECTIVES OF THE BILL

The Business Licensing Bill, 2025 (the “Bill”) seeks to provide for a business licensing framework and repeals the Businesses Act. The Objectives of the Bill are to—

(a) set essential principles and procedures for business licensing;

(b) promote the development of the South African economy by providing a standardised regulatory framework within which the licensing of businesses must take place; and

(c) provide a framework for co-operative governance and the harmonisation of standard procedures and minimum requirements for the application of business licenses.

3.1 Chapter 1: Introductory provisions

3.1.1 This Chapter sets out the definitions, purpose, and requirements for business licensing in South Africa. It introduces the concept of designated activities that require a business license and the process for exemptions. This Chapter also outlines the requirements for business licenses, including for non-citizens.

3.1.2 Clause 1 introduces definitions for terms used in the Act. Some definitions, where practicable, are drawn from and aligned to definitions in other legislation.

3.1.3 Clause 2:

Clause 2 outlines the purpose of the Bill which is to set essential principles and procedures which are applicable nationally, relating to the licensing of businesses. It aims to promote the development of the South African economy by providing a standardised regulatory framework within which the licensing of businesses must take place, providing a framework for co-operative governance and the harmonisation of standard procedures and minimum requirements for the application of business licenses. It also intends to promote an environment that is conducive to compliance and the sustainability of business compliance within the Act.

3.1.4 Clause 3

Clause 3 deals with the application of the Act.

3.1.5 Clause 4

Clause 4 outlines the procedure by which the Minister may designate a business undertaking as a business that requires a business license.

3.1.6 Clause 5

Clause 5 deals with exemption from the requirements to obtain a business license, including the criteria and procedures.

3.1.7 Clause 6

Clause 6 introduces the requirements and procedures for the licensing of all businesses.

3.1.8. Clause 7

Clause 7 mandates the Minister to issue regulations through the Government Gazette pertaining to the application requirements.

3.1.9 Clause 8

Clause 7 deals with the requirements for non-citizens seeking business licenses.

3.2 Chapter 2: Principles of business licensing

3.2.1 This Chapter outlines the principles and procedures that must guide business licensing, including efficiency, transparency and good administration. It requires provincial and municipal governments to comply with these principles when enacting their own legislation and by-laws. Key areas include principles like efficiency, suitability, and good administration for business licensing, as well as requirement for provincial and municipal governments to comply with these principles.

3.2.2 Clause 9

Clause 9 introduces the concept of and application of business licensing principles and procedures that will in addition to the provisions in the Bill, guide the development of provincial legislation and municipal by-laws.

3.2.3 Clause 10

Clause 10 provides for compliance with principles of business licensing in enacting provincial legislation and municipal by-laws.

3.3 Chapter 3: Inter-governmental support

3.3.1 This Chapter outlines the inter-governmental support and co-ordination mechanisms for business licensing. It establishes national and provincial committees to provide support, monitoring, and alignment of licensing systems. Provision is made for the Minister to provide support and assistance to provinces and municipalities, establish a National Inter-Departmental Coordination Committee on business licensing. Provision is also made for Provinces to establish Provincial Inter- Departmental and Municipal Coordinating Committees.

3.3.2 Clause 11

Clause 11 deals with providing national support and monitoring to provinces and municipalities within available resources concerning the implementation of this Act. It further stipulates that the Minister may establish a National Inter-Departmental Coordination  Committee on business licensing and economic regulation.

3.3.3 Clause 12

Clause 12 provides for provincial support and monitoring and makes provision for the establishment of a Provincial Inter-Departmental and Municipal Co-ordinating Committee, known as the Provincial Committee, appointed by the MEC responsible for economic development.

3.3.4 Clause 13

Clause 13 provides that the provisions in the Act and regulations must be consistent with the unique circumstances of each municipality based on the categories, criteria, and financial resources.

3.4 Chapter 4: National competency

3.4.1 This chapter outlines the national government’s role in business licensing, including, measures to address, simplification of business licensing procedures, preferential licensing for small businesses, designated trading areas, a database of business licenses and the appointment and powers of authorised officers.

3.4.2 Clause 14

Clause 14 provides for the Minister to identify, address, and simplify burdensome licensing practices and procedures.

3.4.3 Clause 15

Clause 15 outlines the provisions for preferential business licenses for small enterprises to accelerate the approval of licenses for small enterprises and cooperatives.

3.4.4 Clause 16

Clause 16 of the Bill provides that the local authority may, after consultation with relevant stakeholders, designate trading areas for citizens and small enterprises.

3.4.5 Clause 17

Clause 17 provides for the establishment of a database of all business licenses issued by a licensing authority. The clause also states that the Minister may regulate the collection and maintenance of the database to promote the objectives of this Act.

3.4.6 Clause 18

Clause 18 provides for the appointment of authorised officers who will be responsible for enforcing the Act’s provisions.

3.4.7 Clause 19

Clause 19 deals with the general powers of authorised officers as provided for in the Act, by-law or any other applicable or relevant legislation in the Republic.

3.4.8 Clause 20

Clause 20 details the powers of authorised officers to enter premises where the authorised officer reasonably suspects that a business is being conducted without a valid business license. The clause further states that an authorised officer may request a document for the business and premises concerned, question anyone on the premises and conduct an inspection of any business activity on the premises.

3.4.9 Clause 21

Clause 21 provides for the powers of authorised officers to remove and confiscate goods found on premises without a valid business license. The clause states that the authorised officer may issue a receipt detailing the confiscated goods.

3.4.10 Clause 22

Clause 22 provides the authorised officer with the power to issue a compliance notice. It sets out conditions under which those powers must be exercised and deals with the validity of compliance notices.

3.4.11 Clause 23

Clause 23 provides the authorised officer with the power to issue fines in instances where the conditions of a business license are contravened. It also outlines the maximum administrative fine amounts for compliance failures.

3.4.12 Clause 24

Clause 24 outlines the procedure on how to deal with objections to compliance notices.

3.4.13 Clause 25

Clause 25 provides for the establishment of an internal appeal authority to deal with appeals and indicates the persons who may lodge an appeal with the appeal authority.

3.4.14 Clauses 26 and 27

Clause 26 deals with the list of offences which may attract penalties and clause 27 deals with the penalties in the Bill.

3.5 Chapter 5: Provincial competence

3.5.1 The Bill provides for provincial governments to enact their own business licensing legislation, in relation to the functional areas listed in Schedules 4 and 5 to the Constitution. Provincial governments may also provide support in the event of a municipality’s inability or failure to comply with obligations under the national or provincial legislation.

3.5.2 Clause 28

Clause 28 deals with the power to enact provincial legislation. The clause further states that the provincial government may provide support in case of municipal compliance failure with an obligation in terms of this Act or provincial legislation.

3.6 Chapter 6: Municipal competence

3.6.1 Chapter 6 focuses on the scope of municipal authority regarding business licensing and street trading regulations within South Africa. It outlines the powers granted to local authorities to enact business licensing by-laws that align with both national legislation and relevant provincial laws, emphasising adherence to constitutional mandates outlined in Schedules 4 and 5 to the Constitution. The Chapter details the process by which local authorities can declare areas where street vending activities may be restricted or prohibited, highlighting the procedural steps such as public notice, consultation, and submission of plans to ensure transparency and community engagement. Additionally, it underscores the role of the provincial government in reviewing and potentially amending these declarations, demonstrating a structured approach to balancing local economic interests with regulatory oversight and public welfare concerns.

3.6.2 Clause 29

Clause 29 deals with the competencies of local authorities as it relates to business licensing by-laws. The Bill makes provision for local government to exercise its constitutional powers to develop municipal business licensing by-laws that is consistent with the national legislation and regulations.

3.6.3 Clause 30

Clause 30 provides for the restriction or prohibition of street trading in a particular area or jurisdiction of a local authority. It outlines the conditions to be considered during the restrictions and prohibition procedures. It further stipulates the process of issuing intention notices to effect restriction or prohibition.

3.7 Chapter 7: Regulations and directives

3.7.1. This Chapter establishes the regulatory authority of both the national and provincial governments to issue regulations and directives necessary for the implementation and administration of the Act.

3.7.2. Clauses 31, 32, 33, and 34

Clauses 31, 32, 33, and 34 provide for the Minister and MECs to make regulations or directives on business licensing applicable to local and provincial governments. These clauses further outline the scope of regulatory powers, including procedures, forms, and compliance processes, and require a consultative process with relevant government structures and public comments before promulgation.

3.8. Chapter 8: General provisions

3.8.1 Chapter 8 provides for the legislative considerations and procedural requirements surrounding business licensing and trading regulations in South Africa, as outlined in constitutional frameworks. It highlights the interplay between national, provincial and local government jurisdictions in developing and implementing laws related to trade and business licensing.

3.8.2 Clause 35

Clause 35 provides for the transitional provisions between the new and repealed legislation in terms of applications, compliance, administrative penalties and fines.

3.8.3 Clause 36

Clause 36 of the Bill seeks to repeal the Businesses Act.

3.8.4 Clause 37

Clause 37 of the Bill provides for the short title and commencement of the Act.

4. ORGANISATIONS AND INSTITUTIONS CONSULTED

During the initial process of consultations, the Department focused on municipalities that are responsible for the implementation of business licensing by-laws. With the approval of the Bill by the Minister by the end of the 2023/2024 period, it was envisaged that the Bill would proceed to Cabinet for approval to publish the Bill for public consultations in the second quarter of 2025/26 financial year..

The following stakeholders were consulted:

• All nine provincial economic development departments;

• South African Local Government Association – SALGA;

• The Social Protection, Community and Human Development Cluster;

• The Department of Cooperative Governance and Traditional Affairs (“COGTA”) – Free State;

• The Department of Home Affairs;

• Districts and Municipalities;

o Sarah Baartman District;

o Nelson Mandela Bay Metro;

o Chris Hani District;

o Joe Qabi District;

o Alfred Nzo District;

o O.R. Tambo District;

o Buffalo City Metro;

o Amathole District;

o West Rand District Municipality;

▪ Mogale City;

▪ Merafong City;

o City of Ekurhuleni;

o City of Joburg;

o City of Tshwane;

o Mangaung Metro municipality;

o Setsoto Local Municipality;

o Fezile Dabi District Municipality;

o Nala Local Municipality;

o Mantsopa Local Municipality;

o Phumelela Local Municipality;

o Kopanong Local Municipality;

o Matjhabeng Local Municipality;

o Moqhaka Local Municipality;

o Metsimaholo Local Municipality;

o Xhariep District Municipality;

o City of Umhlathuze;

o Bojanala Platinum District Municipality;

o Rustenburg Local Municipality;

o J.B Marks Local Municipality; and

o Madibeng Local Municipality.

5. FINANCIAL IMPLICATIONS OF THE BILL

5.1 There are no significant financial implications envisaged for the fiscus. The DSBD will establish this function by either incorporating it into its “Regional and Local Economic Development Coordination” directorate or by restructuring this directorate to provide for a new business regulation directorate. Additional funding would be needed for the development of a national computerised business licensing system that would have functionality and operating rights for provinces and municipalities.

5.2 Provincial and local government economic departments that have already implemented business regulatory services and structures would not face any significant changes and additional costs, while those that had not implemented the appropriate systems would have to streamline and further increase their organisation from the current approach of combining business regulation with LED to fully fledged business regulation and consumer protection directorates.

6. CONSTITUTIONAL IMPLICATIONS

The Bill has been aligned to the objectives set out in the Constitution as follows—

6.1 In terms of section 22 of the Constitution, every citizen has the right to choose their trade, occupation, or profession freely. The practice of a trade, occupation, or profession may be regulated by law.

6.2 In terms of section 154 of the Constitution—

(a) the national government and provincial governments, by legislative and other measures, must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions; and

(b) draft national or provincial legislation that affects the status, institutions, powers or functions of local government that must be published for public comment before it is introduced in Parliament or a provincial legislature, in a manner that allows organised local government, municipalities and other interested persons an opportunity to make representations with regard to the draft legislation.

6.3 In terms of Part A of Schedule 4 to the Constitution, “trade” is a functional area of concurrent national and provincial legislative competence. The Bill provides for a province to exercise its constitutional powers to develop provincial business licensing legislation and regulations consistent with national legislation and regulations. The Bill also provides for local government to exercise its constitutional powers to develop municipal business licensing by-laws that are consistent with national and provincial legislation and regulations.

6.4 In terms of Part B of Schedule 4 to the Constitution, “trading regulations” as a local government matter is a functional area of concurrent national and provincial legislative competence, to the extent set out in sections 155(6) and (7) of the Constitution. The Bill provides for a province to exercise its constitutional powers to develop provincial business licensing legislation and regulations consistent with national legislation and regulations. The Bill also provides for local government to exercise its constitutional powers to develop municipal business licensing by-laws that are consistent with national and provincial legislation and regulations.

6.5 In terms of Part B of Schedule 5 to the Constitution, “street trading” as a local government matter is a functional area of exclusive provincial legislative competence to the extent set out for provinces in sections 155(6) and (7). The provisions in the Bill are aligned with Part B of Schedule 5 to the Constitution as it relates to “street trading”.

6.6 In terms of section 44(2) of the Constitution, Parliament may intervene in the passing of legislation which falls within the ambit of a functional area listed in Schedule 5 to the Constitution under certain specified conditions. In this regard, section 44(2) of the Constitution reads as follows:

“Parliament may intervene, by passing legislation in accordance with section 76(1), with regard to a matter falling within a functional area listed in Schedule 5, when it is necessary—

(a) to maintain national security;

(b) to maintain economic unity;

(c) to maintain essential national standards

(d) to establish minimum standards required for the rendering of services; or to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or the country as a whole.”.

7. PARLIAMENTARY PROCEDURE

7.1 In Tongoane and Others v Minister of Agriculture and Land Affairs and Others1, (”Tongoane”) the Constitutional Court (“CC”) confirmed the test formulated in order to determine the classification of a Bill (“tagging test”). According to the CC, what matters for the purposes of tagging, is not the substance or purpose of the Bill, but rather whether the provisions of the Bill in “substantial measure” fall within a functional area listed in Schedule 4.2

7.2 In commenting on the “substantial measure test”, the CC made the following remarks:

“[60] The test for tagging must be informed by its purpose. Tagging is not concerned with determining the sphere of government that has the competence to legislate on a matter. Nor is the process concerned with preventing interference in the legislative competence of another sphere of government.

The process is concerned with the question of how the Bill should be considered by the provinces and in the NCOP, and how a Bill must be considered by the provincial legislatures depends on whether it affects the provinces. The more it affects the interests, concerns, and capacities of the provinces, the more say

the provinces should have on its content. …

[71] On the other hand, the ”substantial measure” test permits a consideration of the provisions of the Bill and their impact on matters that substantially affect the provinces. This test ensures that legislation that affects the provinces will be enacted in accordance with a procedure that allows the provinces to fully and effectively play their role in the law-making process. This test must therefore be endorsed.

[72] To summarise: any Bill whose provisions substantially affect the interests of the provinces must be enacted in accordance with the procedure stipulated in section 76. Whether a Bill is a section 76 Bill is determined in two ways. First, by the explicit list of legislative matters in section 76(3)(a)-(f), and second, by whether the provisions of a Bill in substantial measure fall within a concurrent provincial legislative competence.” [Our underlining.]

7.3 The phrase ”substantial measure” is further defined as follows:

”It is submitted that ‘substantial measure’ refers to the extent or degree to which a particular Bill deals with a matter of concurrent legislative competence as listed in Schedule 4. To put it differently, it refers to the extent of, or degree of impact of the particular Bill on provincial interests as listed in Schedule 4. The impact or effect of the Bill on the interest of the provinces must be of substantial extent, degree, or measure for it to be tagged as a section 76 Bill. …what is important should be the cumulative or combined effect of the Bill rather than how individual provisions individually affect a particular concurrent matter.

Although the individual provisions will be considered, it is their cumulative or combined impact that is ultimately determinative of whether a particular Bill in substantial measure falls within a concurrent legislative competence of the two spheres of government.” [Our underlining.]

7.4 As stated above, a Bill, the provisions of which in substantial measure fall within a functional area listed in Schedule 4 to the Constitution, must be classified as a section 76 Bill. In order to test whether the provisions of a Bill fall within a functional area listed in Schedule 4, the cumulative effect of all the provisions of the Bill must be taken into account in order to determine its impact on the provinces.

7.5 As indicated in the above discussion, the Bill deals with the functional areas of “trade” and “trading regulations” as envisaged in Part A and Part B of Schedule 4 to the Constitution, respectively. In terms of the functional areas of “trade” and “trading regulations”, the national and provincial government has concurrent legislative competence. Since the provisions of the Bill deal with “trade” and “trading regulations” which are functional areas listed in Schedule 4, the State Law Advisers are of the view that the Bill must be tagged as a section 76 Bill.

7.6 The State Law Advisers are also of the opinion that it is necessary to refer the Bill to the National House of Traditional and Khoi-San Leaders in terms of section 39(1)(a)(ii) of the Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019), since the Bill deals with matters related to the status, institutions and powers of local government, as envisaged in section 154(2) of the Constitution.

LINK TO FULL NOTICE

National Business Act of 1991: Business Licensing Bill 2025: Comments invited

G 53440 GoN 6683

– Comment by 26 Oct 2025

26 September 2025

53440gon6683.pdf

ACTION

Ensure that you submit your comments before 26 October 2025

LAW AND TYPE OF NOTICE

Companies Act: Practice Note 03 of 2025:

Companies and their Stakeholders in dispute

G 53426 GoN 6679

26 September 2025

APPLIES TO: 

All Organizations

SUMMED UP

Key Observations

• CIPC has noted a pattern of disputes between directors and shareholders leading to repeated filings for director amendments.
• These filings often meet legal and procedural requirements but result in cycles of amendments and objections under Regulation 168(6) of the Companies Act.
• This undermines CIPC’s mandate to maintain an accurate and up-to-date registry.

New CIPC Position

• Filings related to director amendments will be frozen if there are reasonable grounds to believe they stem from internal disputes rather than normal governance.
• Reasonable grounds include multiple conflicting amendments involving the same individuals and formal objections by the company.

Legal Basis

• Section 187(2)(a) of the Companies Act empowers CIPC to promote voluntary resolution of disputes without adjudicating them.
• Section 156 outlines appropriate forums for dispute resolution, including the Companies Tribunal and High Courts.

Effective Date

• This practice is effective immediately from the date of publication: 26 September 2025.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NO. 6679 26 September 2025

PRACTICE NOTE 3 OF 2025

(Issued in terms of Regulation 4(1)(b) of the Companies Act Regulations)

COMPANIES AND THEIR STAKEHOLDERS IN DISPUTE

The Companies and Intellectual Property Commission (CIPC) has as one of its objectives in terms of section 186(1)(b) of the Companies Act 71 of 2008, the maintenance of accurate, up to date and relevant information concerning companies, foreign companies and other juristic persons, and the provision of that information to the public and other organs of state. In achieving this objective, one of the Commission’s functions include the receipt and deposit in the registry of any documents required to be filed in terms of the Act.

The Commission has observed through the filing of documentation, especially pertaining to director amendments, that the disputes within companies, between directors themselves and directors and shareholders, manifests itself in removal and appointment of directors. Although an application for removal and/or appointment of a director may comply with legislative and CIPC internal requirements, such submissions lead to a cycle of director amendments and the companies’ submitting objections to such filings as provided for in Regulation 168(6) of the Act.

The back and forth of amendments, and objections thereto, results in CIPC’s objective of maintaining an accurate and up to date registry, being compromised.

In order to ensure that internal company disputes are adjudicated via the correct and relevant platforms, a position has been taken by the Commission that when there are reasonable grounds to believe that the filing of director amendments is not as a result of normal governance processes, the CIPC will stay (freeze) all filings related to director amendments, until the appropriate forum has pronounced on the dispute and a resolution has been reached.

Reasonable grounds, in this instance will, inter alia, include situations where two or more director amendments related to the same persons have been filed and the company objected thereto through the abovementioned process.

Section 187(2)(a) of the Companies Act, provides as follows: –

“(2) Other than with respect to matters within the jurisdiction of the Takeover Regulation Panel, the Commission must enforce this Act, by, among other things-

(a) promoting voluntary resolution of disputes arising in terms of this Act between a company on the one hand and a shareholder or director on the other, as contemplated in Part C of Chapter 7, without intervening in, or adjudicating any such dispute;”

The appropriate forums for adjudicating disputes as mentioned above is detailed in section 156 of the Act, which includes the Companies Tribunal and relevant High Courts.

This practice will be effective immediately (from the date of publication) and your co-operation in this regard will be highly appreciated.

We trust that you will find the above in order.

LINK TO FULL NOTICE

Companies Act: Practice Note 03 of 2025: Companies and their Stakeholders in dispute

G 53426 GoN 6679

26 September 2025

53426gon6679.pdf

ACTION

Avoid Cycles of Disputed Filings:

• Organizations must refrain from repeatedly submitting director amendment filings that are likely to be contested or reversed due to internal disputes.

Use Appropriate Dispute Resolution Forums:

• If there is a dispute between directors or between directors and shareholders, the organisation must resolve it through:
  • Companies Tribunal
  • Relevant High Courts

• CIPC will not adjudicate such disputes but expects them to be resolved externally.

Cooperate with CIPC’s Freeze Policy:

• If CIPC identifies reasonable grounds to believe that director amendments are part of a dispute (e.g., multiple conflicting filings and objections), it will freeze all related filings.
• The organisation must wait for a formal resolution from the appropriate forum before resubmitting any amendments.

Ensure Governance Compliance:

• Filings must reflect normal governance processes. If they appear to be part of a power struggle or conflict, they may be suspended.

Submit Objections Properly:

• If the organisation objects to a director amendment, it must do so through the process outlined in Regulation 168(6) of the Companies Act.

CONSTRUCTION

LAW AND TYPE OF NOTICE

Project and Construction Management Professions Act:

Notice of Rules for Registration Qualification and Competency Exemption for Applicants and Registered Persons

G 53455 BN 835

01 October 2025

APPLIES TO: 

1. SACPCMP-Registered Entities

• Construction and Project Management Firms employing professionals or candidates registered with SACPCMP.
• Health and Safety Consulting Companies involved in construction safety oversight.

2. Educational Institutions

• Universities, colleges, and training providers offering qualifications aligned with SACPCMP registration categories, especially those offering:
  • NQF Level 6 and 7 qualifications
  • NEBOSH International Diploma
  • SAQA-accredited courses like SAMTRAC and SHEMTRAC

3. Government Departments

• Department of Public Works and Infrastructure
• Department of Employment and Labour These departments often require SACPCMP registration for compliance and procurement purposes.

4. Municipalities and Local Authorities

• Especially those employing Building Inspectors or overseeing construction projects requiring SACPCMP-registered professionals.

Impacted Professional Categories

• Candidate Construction Project Managers (Can CPM)
• Candidate Construction Managers (Can CM)
• Candidate Health and Safety Officers, Agents, and Managers
• Candidate Building Inspectors

SUMMED UP

Purpose of the Notice

To update and expand the rules governing registration exemptions for applicants, candidates, and registered persons under the LSD framework.

Key Amendments

1. Expanded Scope

• The term “applicants and registered persons” is now broadened to include “candidates”.

2. Candidate Categories Added

The following candidate registration categories are now included:

• Candidate Construction Project Manager (Can CPM)
• Candidate Construction Manager (Can CM)
• Candidate Construction Health and Safety Agent (Can CHSA)
• Candidate Construction Health and Safety Manager (Can CHSM)
• Candidate Construction Health and Safety Officer (Can CHSO)
• Candidate Building Inspector (Can BInsp)

3. Exemptions for Candidates

• Exemptions 2 and 3 from Notice 803 of 2025 apply to candidates, except for Can CPM and Can CM.
• For Can CPM and Can CM, NQF Level 6 qualifications are accepted instead of Level 7.
• Candidates must comply with provisional registration conditions and CPD cycle requirements.

4. Candidature Requirements

Candidates must:

• Work under supervision of a registered professional.
• Complete a structured candidacy programme within 7 years.
• Maintain and submit logbooks annually.
• Engage in mentorship.
• Pay annual registration fees.
• Begin qualification upgrades within 3 years of registration.

Failure to comply may result in suspension or cancellation of registration.

5. Transitional Arrangements

• Candidates registered between 01 August 2025 and 30 July 2027 are covered under this amendment.

6. Exemption Updates

• Exemption 2(a)(iv): NEBOSH International Diploma accepted at NQF Level 7 or 8.
• Exemption 2(a)(viii): Acceptance of SAQA-accredited courses aligned with specific unit standards at NQF Level 5 (e.g., SAMTRAC, SHEMTRAC).

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Project and Construction Management Professions Act: Notice of Rules for Registration Qualification and Competency Exemption for Applicants and Registered Persons

G 53455 BN 835

01 October 2025

53455bn835.pdf

ACTION

Construction & Project Management Firms

Actions Required

1.     Update HR and Compliance Policies:

o   Reflect new candidate categories and qualification exemptions.

o   Ensure job descriptions align with SACPCMP registration requirements.

2.     Support Candidate Registration:

o   Assist employees in registering under the Limited Special Dispensation (LSD).

o   Provide mentorship and supervision by registered professionals.

3.     Track Candidature Progress:

o   Monitor structured candidacy programme timelines (max 7 years).

o   Ensure logbooks and CPD cycles are maintained and submitted.

4.     Facilitate Qualification Upgrades:

o   Encourage and support candidates to upgrade qualifications within 3 years.

Educational & Training Institutions

Actions Required

1.     Align Curriculum with SACPCMP Requirements:

o   Ensure courses meet NQF Level 6 or 7 standards.

o   Offer or promote NEBOSH, SAMTRAC, SHEMTRAC, or equivalent programs.

2.     Engage with SACPCMP:

o   Seek accreditation or recognition for new or existing programs.

o   Provide guidance to students on registration pathways.

Government Departments & Municipalities

Actions Required

1.     Review Procurement and Hiring Criteria:

o   Ensure SACPCMP registration is correctly applied in tenders and job roles.

2.     Support Staff Registration:

o   Facilitate registration and compliance for internal professionals and inspectors.

3.     Monitor Transitional Arrangements:

o   Track staff registered between 01 August 2025 and 30 July 2027 for LSD inclusion.

General Recommendations for All Affected Organizations

• Communicate Changes Internally: Host workshops or send bulletins explaining the new rules.
• Maintain Records: Keep documentation of registration, mentorship agreements, and CPD compliance.
• Engage with SACPCMP: Stay updated on future amendments or clarifications.

CUSTOMS, EXCISE AND INTERNATIONAL TRADE

LAW AND TYPE OF NOTICE

International Trade Administration Act:

Guidelines: Hydrogenated Palm oil

G 53426 GeN 3526

26 September 2025

APPLIES TO: 

1. Soap and Detergent Manufacturers

• Companies producing bar soaps, cakes, moulded pieces, or shaped organic surface-active products.
• These manufacturers rely on palm oil as a key raw material and would benefit from duty rebates if local supply is insufficient.

2. Palm Oil Importers and Distributors

• Businesses importing palm oil under the specified tariff subheading (1516.20.90).
• They must comply with customs regulations and rebate permit conditions, including proof of local unavailability.

3. Chemical and Personal Care Product Manufacturers

• Firms producing personal hygiene products, cleaning agents, or cosmetic bases that use hydrogenated palm oil.

4. Trade and Customs Consultants

• Professionals assisting companies with permit applications, compliance, and tariff classification.

5. Regulatory Bodies and Government Departments

• International Trade Administration Commission (ITAC): Evaluates applications and issues permits.
• South African Revenue Service (SARS): Verifies tax compliance and importer registration.
• Department of Labour: Ensures applicants comply with labour laws.

6. Logistics and Freight Forwarding Companies

• Must be aware of the timing and validity of permits to ensure compliant importation of goods.

7. Local Palm Oil Producers

• May be consulted to confirm the availability of the product in the SACU market.
• Their input can influence whether a rebate permit is granted.

SUMMED UP

Purpose of the Notice

To outline the guidelines, rules, and conditions for applying for rebate permits under Rebate Item 460.06/1516.20.90/01.08 for the importation of hydrogenated palm oil used in the manufacture of soaps and organic surface-active products.

Industries Affected

• Soap and detergent manufacturers
• Palm oil importers
• Chemical and personal care product producers
• Trade consultants and customs brokers
• Local palm oil manufacturers
• Logistics and freight companies

Key Conditions

• Rebate permits are only issued if the goods are not available in the SACU market.
• Applications must be submitted in advance (at least 14 days before shipment).
• Permits are valid for a calendar year or a shorter period as requested.

• Applications must include:
  • SARS importer registration proof
  • Tax compliance PIN
  • Labour law compliance letter
  • Completed Excel form (Annexure A)
  • Evidence of engagement with local manufacturers

Non-Compliance Consequences

• May result in permit withdrawal, criminal charges, or fines up to R500,000 or 10 years imprisonment.
• ITAC may revoke or amend permits if conditions are violated.

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3526 OF 2025

INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA GUIDELINES, RULES, AND CONDITIONS PERTAINING TO PERMITS ISSUED UNDER REBATE ITEM 460.06/1516.20.90/01.08 FOR REBATE ON FACILITY ON PALM OIL, NOT FRACTIONATED, PARTLY OR WHOLLY HYDROGENATED, WHETHER OR NOT REFINED, BUT NOT FURTHER PREPARED, CLASSIFIABLE IN TARIFF SUBHEADING 1516.20.90, FOR USE IN THE MANUFACTURE OF SOAPS AND ORGANIC SURFACE-ACTIVE PRODUCTS AND PREPARATIONS IN THE FORM OF BARS, CAKES, MOULDED PIECES OR SHAPES, CLASSIFIABLE IN TARIFF HEADING 3401.1, IN SUCH QUANTITIES, AT SUCH TIMES AND SUBJECT TO SUCH CONDITIONS AS THE INTERNATIONAL TRADE ADMINISTRATION COMMISSION MAY ALLOW BY SPECIFIC PERMIT, PROVIDED THAT THE GOODS ARE NOT AVAILABLE IN THE SACU MARKET.

Note: In terms of section 26 (4) of the International Trade Administration Act, 71 of 2002, the Commission may, inter alia, require an applicant to provide additional information in respect of the application. The conditions attached to and the information requested below reflects the minimum requirements, which ITAC would apply to evaluate an application under this rebate provision.

1. APPLICATION PROCEDURE

1.1 Applications for permits must be addressed to the International Trade Administration Commission (ITAC), Private Bag X 753, Pretoria, or delivered by hand to the DTI Campus, (Block E), 77 Meintjies Street, Sunnyside, Pretoria, 0002 or sent electronically via e-mail to Mrs K. Legodi at e-mail: klegodi@itac.org.za.

PLEASE NOTE THAT THE USE OF AN INCORRECT EMAIL ADDRESS OR THE FORWARDING OF THE SAME EMAIL MULTIPLE TIMES TO THE ABOVE ADDRESS MAY DELAY THE PROCESSING OF AN APPLICATION.

1.2 Applicants must provide ITAC with the required information as per the relevant Excel application spreadsheet (Annexure A) within the stipulated timeframe for submitting application.

1.3 The Applicant is informed that information that may constitute ‘Personal Information’ as defined by the Protection of Personal Information Act 4 of 2013 (“POPIA”) may be collected and stored by ITAC. Should it be necessary, including but not limited to, in circumstances wherein the application is dependent on a ‘recommendation’ by a select industry stakeholder or another state department or public entity, the Applicant also acknowledges that such information may be shared with third parties. Please refer to our External Privacy Notice (located on ITAC’s official website) for more information on how your information is collected, processed and shared.

1.4 Applications must be made well in advance of the shipment of the goods, as rebate permits will not be issued retrospectively. At least fourteen (14) days should be allowed for the processing of applications and the issue of permits.

1.5 Each rebate permit issued defines the period during which the goods concerned can be cleared with rebate of duty, and the period shall be for a calendar year starting from the date on which the permit was issued, or a shorter period as requested by the applicant, or as decided upon by ITAC.

1.6 An application will be regarded as deficient if, amongst others, the following is found:

(a) The application is not submitted in the correct format.

(b) The application has not complied with the guidelines, rules, and conditions as set out in this document.

(c) The requisite information and supporting documents are not submitted; and

(d) The application contains conflicting or incorrect information.

1.7 Should an application be found to be deficient, it may not undergo further processing until the deficiencies have been addressed and the application is accepted as properly documented within the stipulated timeframe for submitting applications.

1.8 Applicants who submit deficient applications must re-submit properly documented application forms within the stipulated timeframe for submitting applications. This will replace the deficient application. Failure to submit the amended properly documented application form within the stipulated timeframe for submitting applications, will result in the application being considered withdrawn and will not be processed further.

1.9 A properly documented application means an application that contains all required information and for which all supporting documents referred to in paragraph 2.4 have been provided.

1.10 Should an application be rejected, the applicant will be informed in writing of the decision and the reasons thereof.

2. GENERAL CONDITIONS

2.1 Applicants must comply with the provisions of the Customs and Excise Act, the ITA Act and all other South African legislation relating to the importation of goods into the Republic of South Africa, relevant to the transaction.

2.2 Notwithstanding anything to the contrary herein, permits are issued at the discretion of the ITAC and an application for a permit does not assure approval thereof. In exercising discretion, ITAC shall have regard to the ITA Act and other applicable legislation, as well as these Guidelines and the facts relating to each application.

2.3 In terms of section 26 (4) of the ITA Act, ITAC may, inter alia, require an applicant to provide additional information in respect of the application. The conditions attached to, and the information requested below, reflect the minimum requirements which ITAC would apply to evaluate an application under this rebate provision.

2.4 An applicant must submit the following supporting documents together with a completed application form:

(a) Proof that the applicant is registered with SARS as an importer under the rebate provision concerned.

(b) The current SARS electronic access PIN (to allow ITAC to verify full tax compliance status);

(c) A formal letter on the applicant’s business letter head confirming that it complies with labour laws, regulations and agreements gazetted by the Minister of Labour.

(d) Completed Excel application spreadsheet (see Annexure A); and

(e) Where there are local manufacturer(s) of palm oil (partly or wholly hydrogenated), applications must be accompanied by written evidence of engagements, such as letters or emails, with the said local manufacturer(s). The applicant can request the manufacturers to respond within 14 days of the request.

2.5 Rebate permit may not be transferred in any manner by the holder thereof, to any other person, or be used to the benefit of any person, not named in the permits.

2.6 Any request for an amendment of a rebate permit must be forwarded to ITAC for consideration. Amendments will only be considered in the following instances:

a) Error by ITAC on permit.

b) Error by applicant regarding product description or tariff subheading.

This will only be processed if request is accompanied by a confirmation from SARS in this regard.

Note: No amendments of the statistical unit (quantity or value), which was applied for, will be considered – a new application has to be submitted in such instances together with the original previous permit.

2.7 Should, for instance, the permit holder misplaces a permit, the permit holder will be required to submit a request in writing for re-issuing of a replacement permit. The request must clearly set out the circumstances giving rise to the situation and must show good cause or reasons why a replacement permit should be issued.

3. NON-COMPLIANCE

3.1. Where non-compliance is detected, appropriate action will be taken against the relevant party in terms of the ITA Act and/or the Customs and Excise Act. This action may include (without limitation) criminal charges and the withdrawal of the permit(s) concerned.

3.2. If the conditions of rebate item 460.06/1516.20.90/01.08 are not complied with, the permit holder will, upon detection of such contravention, be issued with a compliance notice to show good cause. The applicant must submit evidence within seven (7) days of receipt of the compliance notice why ITAC should not make any adverse finding/s on the prima facie evidence of noncompliance with the above conditions. Thereafter the matter will be considered by ITAC and if ITAC determines that a contravention of any of these permit conditions has occurred, the permit may be varied, amended or revoked/rescinded.

3.3. Should non-compliance with any applicable legislation be detected by ITAC at any time, ITAC will take such non-compliance by a permit holder or related party who facilitates such conduct into account in considering whether to revoke/rescind a permit issued in terms of Rebate Item 460.06/1516.20.90/01.08. In terms of section 54(1)(b) of the International Trade Administration Act, Act 71 of 2002, it is an offence to fail to comply with a condition stated in a permit and any person found guilty of such an offence is liable to a fine not exceeding R500 000,00 or to imprisonment for a period not exceeding ten years or to both such fine and imprisonment.

3.4. By accepting this permit, the person/entity and its Directors and persons exercising management control over it, to which this permit is issued, irrevocably binds himself/herself/itself/ jointly and severally, to the conditions contained herein as well as any legislative requirements and/or obligations contained in the relevant guidelines, rules and conditions associated with the rebate items concerned.

LINK TO FULL NOTICE

International Trade Administration Act: Guidelines: Hydrogenated Palm oil

G 53426 GeN 3526

26 September 2025

53426gen3526.pdf

ACTION

Soap & Detergent Manufacturers

• Assess local availability of hydrogenated palm oil.
• Engage with local suppliers and document communication (e.g., emails or letters).
• Apply for rebate permits if local supply is unavailable.

• Submit supporting documents, including:
  • SARS importer registration
  • Tax compliance PIN
  • Labour law compliance letter
  • Completed Excel application (Annexure A)

Palm Oil Importers

• Ensure product classification under tariff subheading 1516.20.90.
• Apply for permits before shipment (minimum 14 days in advance).
• Maintain compliance with customs and excise laws.
• Avoid retrospective applications—permits must be obtained before import.

Chemical & Personal Care Product Manufacturers

• Determine if products qualify under tariff heading 3401.1.
• Follow the same application process as soap manufacturers.
• Ensure internal compliance with labour and import regulations.

Trade Consultants & Customs Brokers

• Assist clients with:
  • Proper documentation
  • Tariff classification
  • Permit application formatting

• Ensure applications are complete and accurate to avoid delays or rejection.

Local Palm Oil Producers

• Respond to inquiries from applicants within 14 days.
• Provide evidence of availability or lack thereof to influence ITAC’s decision.

Logistics & Freight Forwarders

• Coordinate shipment timing with permit validity.
• Ensure goods are cleared during the permit’s active period.
• Avoid handling goods without valid permits, which could lead to penalties.

Regulatory Bodies (ITAC, SARS, Dept. of Labour)

• ITAC: Evaluate applications, issue permits, enforce compliance.
• SARS: Verify tax compliance and importer registration.
• Dept. of Labour: Ensure applicants comply with labour laws.

FINANCE

LAW AND TYPE OF NOTICE

Prescribed Rate of Interest Act:

Prescribed rate of interest from 1 September 2025 (English / Afrikaans)

G 53424 RG 11887 GoN 6668

26 September 2025

FULL TEXT

DETAILS

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

NO. R. 6668 26 September 2025

PRESCRIBED RATE OF INTEREST

(SECTION 1 OF THE PRESCRIBED RATE OF INTEREST ACT, 1975)

(1) Under section 1(2)(b) of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), I, Mmamoloko Tryphosa Kubayi, Minister of Justice and Constitutional Development, hereby publish a rate of interest of 10.5 percent per annum as from 1 September 2025 for the purposes of section 1(1) of the said Act.

(2) Government Notice No. R.4075 of 17 November 2023 is hereby withdrawn.

Ms MT Kubayi, MP

Minister of Justice and Constitutional Development

LINK TO FULL NOTICE

Prescribed Rate of Interest Act: Prescribed rate of interest from 1 September 2025 (English / Afrikaans)

G 53424 RG 11887 GoN 6668

26 September 2025

53424rg11887gon6668.pdf

LAW AND TYPE OF NOTICE

Financial Sector Regulation Act:

Regulations: Deposit insurance: Requirements for monthly, quarterly, Ad HOC, and Resolution Data Submissions for Deposit Insurance

G 53426 GeN 3525

26 September 2025

APPLIES TO: 

1. Banks (Deposit-Taking Institutions)

These are the primary entities impacted. They must:

• Calculate and report total qualifying and covered deposits.
• Maintain a Single Customer View (SCV).
• Submit data monthly, quarterly, ad hoc, and during resolution events.
• Ensure compliance with data formats, timelines, and secure submission channels.

This includes:

• Commercial banks
• Mutual banks
• Cooperative banks
• Foreign bank branches operating in South Africa

2. Corporation for Deposit Insurance (CODI)

• The regulatory body responsible for receiving, validating, and managing the data.
• Issues guidelines, validates SCV submissions, and initiates resubmissions.
• Oversees resolution processes and reimbursement calculations.

3. Financial Technology Providers / IT Vendors

• Vendors who support banks with data management, SCV systems, and secure transmission protocols (e.g., API, SFTP).
• Must ensure their systems align with CODI’s technical specifications.

4. Auditors and Compliance Consultants

• Assist banks in ensuring regulatory compliance, especially with:
  • SCV accuracy
  • Data integrity
  • Timely submissions
  • Proper declarations (e.g., when no qualifying depositors exist)

5. Depositor Representatives and Beneficiaries

• While not directly responsible for submissions, their data is included in SCV reports.

• Includes:
  • Account holders
  • Formal and informal beneficiaries
  • Joint account holders
  • Pledged account holders
  • Representatives of depositors

1. Regulatory Framework

• Based on Regulations 27 to 30 and 39 of the Deposit Insurance Regulations of 2024.
• Banks must calculate and report total qualifying deposits and total covered deposits using Single Customer View (SCV) methodology.

2. Submission Requirements

• Monthly Submissions:
  • Due within 10 working days after month-end.
  • Must include specific data fields (e.g., bank code, reporting date, deposit amounts).
  • Format: CSV, optionally compressed as .ZIP.
  • Channels: File Upload, API, or SFTP via CODI’s IT system.

• Quarterly Submissions:
  • Include detailed SCV calculations and depositor/account-level data.
  • First submission due 10 working days after 30 September 2025.
  • Same format and channels as monthly submissions.

• Ad Hoc Submissions:
  • Must be submitted within 48 hours upon request.
  • Use same data structure as quarterly submissions.

• Resolution Submissions:
  • Required within 48 hours of a bank being placed in resolution.
  • Must include SCV data as of the resolution date.

3. Data Structures

• Extensive tables define data fields, formats, types, and mandatory status for:
  • Depositors
  • Accounts
  • Beneficiaries
  • Representatives
  • Pledged accounts
  • Joint accounts

4. Resubmissions

• Permitted only for the immediately preceding reporting period.
• Must be initiated by CODI and include required declarations.

5. Declarations

• If a bank has no qualifying depositors, it must submit Declaration A1 in PDF format.

6. Special Reporting

• Pro Rata Reimbursement for Informal Beneficiary Accounts (IBA) with multiple signatories.
• Pledged Account Balances must be reported in full as qualifying balances.

7. Supersession

• This notice replaces Government Notice No. 2378 from Gazette No. 50311 dated 22 March 2024.

FULL TEXT

DETAILS

SOUTH AFRICAN RESERVE BANK

NOTICE 3525 OF 2025

THE DEPOSIT INSURANCE REGULATIONS OF 2024 REQUIREMENTS FOR MONTHLY, QUARTERLY, AD HOC, AND RESOLUTION DATA SUBMISSIONS TO THE CORPORATION FOR DEPOSIT INSURANCE

Regulation 27(1) of the Deposit Insurance Regulations of 2024 (Regulations) requires a bank to prepare its total qualifying deposits and total covered deposits using Single Customer View (SCV) calculations. Regulation 27(2) of the Regulations further provides that the Corporation for Deposit Insurance (the Corporation) may issue additional guidelines for the preparation of total qualifying deposits and total covered deposits in accordance with the Regulations.

Regulation 28(1) of the Regulations requires a bank to submit its total qualifying deposits and total covered deposits to the Corporation on a monthly basis, using month-end balances, in the manner and form prescribed by the Corporation.

Regulation 28(2) further specifies that a bank must submit its supporting SCV calculations with the total qualifying deposits and total covered deposits to the Corporation on a quarterly basis or at a frequency specified by the Corporation, in the manner and form prescribed by the Corporation.

Regulation 29(1) of the Regulations empowers the Corporation to request a bank to submit ad hoc total qualifying deposits and total covered deposits, together with the supporting SCV calculations. In terms of Regulation 29(2), a bank must provide the Corporation with the requested information within 48 hours of receiving an ad hoc request, using the reporting date specified by the Corporation, in the prescribed manner and form.

In addition to the above, Regulation 30(1) of the Regulations requires a bank to provide the Corporation with its total qualifying deposits and total covered deposits, along with the supporting SCV calculations, within 48 hours from the date the bank is placed in resolution, containing the balances of qualifying products due to a qualifying depositor or formal beneficiary account holder as at the date the bank was placed in resolution.

Regulation 39(1) of the Regulations empowers the Corporation to specify, by notice in the Government Gazette, the form and content of reporting and submitting information in terms of the Regulations.

Accordingly, in accordance with Regulation 39(1) of the Regulations, read with Regulations 27(2), 28(1), and 29(2), the Corporation by means of this notice, specify the requirements for monthly, quarterly, ad hoc, and resolution data submissions.

The requirements, as set out in the attached Schedule, shall take effect from 1 October 2025.

Supersession of Previous Notice

This notice supersedes and replaces the Requirements for monthly data submissions to the Corporation for Deposit Insurance contained in Government Notice No. 2378 published in Government Gazette No. 50311 dated 22 March 2024. All provisions contained in the previous notice are hereby revoked and replaced with the provisions set out in this notice.

Chief Executive Officer: Corporation for Deposit Insurance

SCHEDULE

REQUIREMENTS FOR MONTHLY, QUARTERLY, AD HOC, AND RESOLUTION DATA SUBMISSIONS TO THE CORPORATION FOR DEPOSIT INSURANCE

Contents

1. Monthly data submissions

1.1 Monthly data requirements

1.2 Monthly data submission format

1.3 Monthly data submission timelines

1.4 Monthly data submission channels

2. Quarterly data submissions

2.1 Quarterly data requirements

2.2 Quarterly data submission format

2.3 Quarterly data submission timelines

2.4 Quarterly data submission channels

2.5 First quarterly data submission to the Corporation

3. Ad hoc data submissions

3.1 Ad hoc data submission requirements

3.2 Ad hoc data submission format

3.3 Ad hoc data submission channels

4. Data submission by a bank in resolution

4.1 Resolution data submission requirements

4.2 Resolution data submission format

4.3 Resolution data submission channels

5. Data resubmissions

6. Declarations required by the Corporation

6.1 Declaration when bank has no qualifying depositors

6.2 Submission format of declarations

6.3 Submission channels for declarations

7. Reporting of pro rata reimbursement calculations for informal beneficiary accounts and pledged account balances

7.1 Pro rata reimbursement calculations for informal beneficiary accounts

7.2 Pledged account balances

Please click on the link provided below for more details.

LINK TO FULL NOTICE

Financial Sector Regulation Act: Regulations: Deposit insurance: Requirements for monthly, quarterly, Ad HOC, and Resolution Data Submissions for Deposit Insurance

G 53426 GeN 3525

26 September 2025

53426gen3525.pdf

ACTION

1. Banks (Deposit-Taking Institutions)

These are the most directly impacted and must take the following actions:

Monthly Submissions

• Prepare total qualifying deposits and total covered deposits using month-end balances.
• Submit data in CSV format via secure channels (File Upload, API, or SFTP).
• Ensure submission is made within 10 working days after month-end.

Quarterly Submissions

• Submit SCV calculations with detailed depositor/account-level data.
• Align data with the structure defined in the gazette (Table 4).
• Submit within 10 working days after quarter-end.

Ad Hoc Submissions

• Respond to CODI’s requests within 48 hours.
• Use the same format and structure as quarterly submissions.

Resolution Submissions

• If placed in resolution, submit SCV data within 48 hours of the resolution date.

Declarations

• If no qualifying depositors exist, submit Declaration A1 in PDF format.

Pro Rata & Pledged Account Reporting

• Perform pro rata reimbursement calculations for informal beneficiary accounts.
• Report full pledged account balances as qualifying balances.

2. Corporation for Deposit Insurance (CODI)

CODI’s responsibilities include:

• Issuing guidelines and formats for data submissions.
• Providing and maintaining the IT solution for secure data uploads.
• Validating SCV submissions and initiating resubmissions if errors are found.
• Managing resolution processes and reimbursement calculations.

3. IT Vendors / Fintech Providers

They must:

• Ensure banks’ systems can generate SCV-compliant data.
• Support secure transmission protocols (API, SFTP, File Upload).
• Align data structures with CODI’s specifications.

4. Auditors & Compliance Consultants

Their role includes:

• Assisting banks with data accuracy, regulatory compliance, and audit readiness.
• Reviewing SCV calculations and submission formats.
• Advising on declaration and resubmission protocols.

5. Depositor Representatives & Beneficiaries

While not responsible for submissions, their data must be:

• Accurately captured in SCV records.
• Verified in line with the FIC Act.
• Properly categorized (e.g., joint accounts, pledged accounts, informal beneficiaries).

LABOUR

LAW AND TYPE OF NOTICE

Labour Relations Act:

Renewal of accreditation of Private Agency

G 53426 GeN 3524

26 September 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Labour Relations Act: Renewal of accreditation of Private Agency

G 53426 GeN 3524

26 September 2025

53426gen3524.pdf

LEGAL

LAW AND TYPE OF NOTICE

Justices of the Peace and Commissioners Oaths of Act:

Designation of Commissioners of Oaths under section 6 of Justices of the Peace and Commissioners of Oaths Act

G 53438 GoN 6682

26 September 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Justices of the Peace and Commissioners Oaths of Act: Designation of Commissioners of Oaths under section 6 of Justices of the Peace and Commissioners of Oaths Act

G 53438 GoN 6682

26 September 2025

53438gon6682.pdf

MEDICAL

LAW AND TYPE OF NOTICE

Health Professions Act:

Supplementary list of names of persons validly nominated for appointment to the Professional Boards

G 53426 BN 834

26 September 2025

APPLIES TO: 

Medical Sector.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Health Professions Act: Supplementary list of names of persons validly nominated for appointment to the Professional Boards

G 53426 BN 834

26 September 2025

53426bn834.pdf

LAW AND TYPE OF NOTICE

Allied Health Act: Regulations:

Fines which may be imposed by inquiring body against practitioners found guilty of unprofessional conduct or noncompliance with any continuing Professional Development requirements

G 53426 GoN 6671

26 September 2025

APPLIES TO: 

Affected Industries & Sectors

1.     Allied Health Professions

o   This includes practitioners in:

§  Aromatherapy

§  Ayurveda

§  Chinese Medicine and Acupuncture

§  Chiropractic

§  Homeopathy

§  Naturopathy

§  Osteopathy

§  Phytotherapy

§  Reflexology

§  Therapeutic Massage Therapy

§  Unani-Tibb

2.     Health Education & Training Institutions

o   Schools and colleges offering training in the above disciplines must ensure their programs are approved and compliant with regulations.

3.     Private Practices & Clinics

o   Individual practitioners and group practices must adhere to advertising standards, scope of practice, record keeping, and CPD compliance.

4.     Professional Boards & Councils

o   Bodies like the Allied Health Professions Council of South Africa (AHPCSA) are responsible for conducting inquiries and enforcing fines.

5.     Healthcare Regulatory Bodies

o   These organisations will need to update enforcement protocols and monitor compliance.

Types of Organizations Affected

• Registered Allied Health Practitioners
• Unregistered individuals practicing illegally
• Health and wellness centers
• Alternative medicine clinics
• CPD providers and facilitators
• Professional associations and unions
• Medical billing and compliance firms

SUMMED UP

Purpose of the Regulations

These regulations specify the fines that may be imposed by an Inquiring Body (such as the Allied Health Professions Council or its committees) on practitioners who:

• Are found guilty of unprofessional conduct, or
• Fail to comply with Continuing Professional Development (CPD) requirements.

Definitions

• CPD: Continuing Professional Development.
• Inquiring Body: Council or its committees conducting inquiries under the Act.
• The Act: Allied Health Professions Act, 1982.

Fines for Unprofessional Conduct

Fines vary depending on the nature of the misconduct. Examples include:

Fines may be imposed alone or in combination with other penalties and can be compounded.

Annual Adjustments

The Council may increase fines annually by up to 20%, via notice in the Gazette.

Fines for CPD Non-Compliance

Fines based on how many CPD points are missing:

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Allied Health Act: Regulations: Fines which may be imposed by inquiring body against practitioners found guilty of unprofessional conduct or noncompliance with any continuing Professional Development requirements

G 53426 GoN 6671

26 September 2025

53426gon6671.pdf

ACTION

Please take note of the new set of fines.

LAW AND TYPE OF NOTICE

Medicines and Related Substances Act:

Dispensing fee to be charged by persons licensed

G 53426 GoN 6670

26 September 2025

APPLIES TO: 

1. Pharmacies and Dispensing Practices

• Retail pharmacies, independent dispensers, and clinic-based dispensers licensed under Section 22C(1)(a) will need to:

• • Adjust their pricing structures.
  • Display fee notices.
  • Provide detailed invoices including SEP, VAT, and dispensing fees.

2. Pharmaceutical Manufacturers and Wholesalers

• While not directly affected by the dispensing fee, they are involved in setting the Single Exit Price (SEP), which is the basis for calculating the fee.
• Any changes in SEP could influence how much dispensers can charge.

3. Medical Clinics and Private Practices

• Especially those with in-house dispensing capabilities.
• Must comply with the fee structure and transparency requirements.

4. Medical Aid Schemes and Health Insurers

• Will need to update reimbursement models and pricing policies to align with the new fee caps.
• May influence how benefits are structured for members.

5. Regulatory Bodies

• South African Health Products Regulatory Authority (SAHPRA) and the Department of Health will oversee compliance and annual reviews.
• Statistics South Africa provides inflation data used in fee reviews.

6. Consumer Advocacy Groups

• May engage during the public comment period before annual reviews.
• Monitor affordability and access to medicines.

7. Software Providers for Healthcare Billing

• Systems used for invoicing and point-of-sale in pharmacies will need updates to reflect the new fee structure and invoice requirements.

SUMMED UP

1. Purpose of the Regulation

• To set the dispensing fee structure for persons licensed under Section 22C(1)(a) of the Act.
• These fees are recommended by the Pricing Committee and approved by the Minister of Health, Dr. A. Motsoaledi.

2. Dispensing Fee Structure (Regulation 12)

• If the Single Exit Price (SEP) of a medicine or scheduled substance is:
  • ≤ R160.00 → Maximum 30% of SEP (excluding VAT).
  • > R160.00 → Maximum R48.00 (excluding VAT).

3. Annual Review

• The Minister must review Regulation 12 annually, considering:
  • Medicine availability and affordability.
  • Inflation rates (from Statistics South Africa).
  • Data from licensed dispensers.
  • Any other relevant information.

4. Public Participation

• At least 3 months before the annual review, a notice must be published inviting public comments or representations.

5. Transparency Requirements for Dispensers

• Licensed dispensers must:

• • Display a notice of the fee structure in their practice.

• • Provide invoices showing:
    • Dispensing fee charged.
    • Single Exit Price.
    • VAT component.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Medicines and Related Substances Act: Dispensing fee to be charged by persons licensed

G 53426 GoN 6670

26 September 2025

53426gon6670.pdf

ACTION

Pharmacies & Licensed Dispensers (Section 22C(1)(a))

Actions Required:

1.     Update Pricing Systems:

o   Ensure dispensing fees comply with:

§  ≤ R160.00 SEP → Max 30% fee.

§  > R160.00 SEP → Max R48.00 fee.

2.     Display Fee Structure:

o   Post a clear notice in the practice showing the maximum fee structure.

3.     Invoice Transparency:

o   Include on each invoice:

§  Dispensing fee.

§  Single Exit Price (SEP).

§  VAT component.

Pharmaceutical Manufacturers & Wholesalers

Actions Required:

• Maintain accurate SEP listings, as these directly affect the dispensing fee.
• Coordinate with dispensers to ensure pricing compliance.

Medical Clinics & Private Practices with Dispensing Licenses

Actions Required:

• Same as pharmacies: update fee structures, display notices, and provide compliant invoices.

Medical Aid Schemes & Health Insurers

Actions Required:

• Review and adjust reimbursement models to align with the new fee caps.
• Communicate changes to members and providers.

Regulatory Bodies (e.g., SAHPRA, Department of Health)

Actions Required:

• Monitor compliance with the new regulations.

• Prepare for annual review of Regulation 12:
  • Consider inflation, affordability, and stakeholder input.

• Publish notice at least 3 months before review, inviting public comment.

Consumer Advocacy Groups

Actions Required:

• Engage in the public comment process during annual reviews.
• Monitor affordability and access to medicines.

Healthcare Billing & Software Providers

Actions Required:

• Update systems to:
  • Calculate fees based on SEP thresholds.
  • Generate invoices with required breakdowns.

LAW AND TYPE OF NOTICE

Medicines and Related Substances Act:

Regulations: Transparent pricing system for medicines and scheduled substances: Dispensing Fee for Pharmacists

G 53426 GoN 6672

26 September 2025

APPLIES TO: 

1. Community and Retail Pharmacies

• Most directly impacted.
• Must apply the updated dispensing fee tiers based on the Single Exit Price (SEP) of medicines.

• Required to:
  • Display fee structures publicly.
  • Provide itemized invoices showing SEP and dispensing fee.

2. Independent Pharmacists

• Must comply with the new fee limits.
• Responsible for ensuring transparency and proper documentation when dispensing medicines.

3. Pharmacy Chains and Corporate Pharmacies

• Need to update billing systems, pricing policies, and staff training to reflect the new regulations.
• Must ensure compliance across multiple branches.

4. Department of Health & Pricing Committee

• Oversee implementation and annual review of the fee structure.
• Collect data from pharmacists to inform future adjustments.

5. Medical Billing and Software Providers

• Must update systems to:
  • Calculate fees correctly.
  • Generate compliant invoices.
  • Integrate with pharmacy point-of-sale systems.

6. Health Insurers and Medical Aid Schemes

• May need to adjust reimbursement models based on the new fee structure.
• Monitor compliance and pricing trends.

SUMMED UP

Dispensing Fee Structure (Exclusive of VAT)

Pharmacists may charge a maximum dispensing fee based on the Single Exit Price (SEP) of the medicine:

Pharmacists may charge less than the maximum fee, but not more.

Annual Review

The Minister of Health must review the fee structure annually, considering:

• Medicine affordability and availability.
• Inflation rates (Stats SA).
• Data from pharmacists.
• Any other relevant information.

Pharmacy Requirements

Pharmacists must:

• Display a notice in the pharmacy showing the fee structure.

• Provide an invoice for each medicine showing:
  • The dispensing fee charged.
  • The Single Exit Price.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

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

G 53426 GoN 6672

26 September 2025

53426gon6672.pdf

PROTECTION OF PERSONAL INFORMATION

LAW AND TYPE OF NOTICE

Protection of Personal Information Act:

Regulations: Processing of data subject’s health or sex life by certain responsible parties

G 53426 GoN 6673

– Comment by 10 Oct 2025

26 September 2025

APPLIES TO: 

• Insurance companies
• Medical schemes and administrators
• Managed healthcare organisations
• Pension funds
• Employers and institutions working for administrative bodies or pension funds

SUMMED UP

Purpose

This amendment establishes clear guidelines for how certain entities may process sensitive personal information—specifically related to health and sex life—under the Protection of Personal Information Act (POPIA). It aims to:

• Ensure lawful and ethical handling of such data.
• Protect data subjects’ privacy.
• Provide mechanisms for oversight and accountability.

Scope

Applies to:

• Insurance companies
• Medical schemes and administrators
• Managed healthcare organisations
• Pension funds
• Employers and institutions working for administrative bodies or pension funds

Key Provisions

1.     Processing Restrictions:

o   Health and sex life data are classified as special personal information.

o   Processing is generally prohibited unless specific legal conditions are met (e.g., consent, legal obligation, public interest).

2.     Legitimate Interest Assessment (LIA):

o   Required when processing without consent.

o   Must include purpose, necessity, and balance tests.

o   Records of LIA must be maintained for compliance.

3.     Safeguards:

o   Entities must implement technical and organisational measures to protect data.

o   Includes risk assessments, governance structures, and adherence to industry standards (e.g., ISO).

4.     Retention and Disposal:

o   Data must not be retained longer than necessary.

o   Must be securely destroyed or de-identified when no longer needed.

5.     Cross-border Transfers:

o   Transfers outside South Africa are restricted unless POPIA conditions are met.

o   Data subjects must be informed unless consent or legitimate interest applies.

Regulatory Oversight

• The Information Regulator may authorise processing in the public interest.
• Entities must demonstrate compliance through documentation and security practices.

CHAPTER 1: Definitions

Provides definitions for key terms used in the regulations, including:

• Administrative bodies: Entities managing laws and support systems related to sickness policies.
• Benefit: Compensation or medical cover due under law or contract.
• Health information: Data about physical/mental health, healthcare services, diagnosis, etc.
• Sex life information: Data about sexual orientation or activity.
• Other terms include: employer, insurance company/policy, managed healthcare, pension fund, medical scheme/administrator, legitimate interest, and the Act itself.

CHAPTER 2: Purpose of the Regulations

Outlines the objectives:

• Help responsible parties comply with POPIA.
• Increase transparency for data subjects.
• Provide mechanisms to challenge misuse of health or sex life data.

CHAPTER 3: Processing of Special Personal Information

Section 4: Authorisation

• Generally prohibits processing of sensitive data (e.g., health, sex life) unless:

• • Consent is obtained.
  • Required by law or public interest.
  • For research/statistics.
  • Data is publicly disclosed by the subject.
  • Complies with sections 28–33 of POPIA.

Section 5: Processing by Specific Entities

• Allows processing by administrative bodies, pension funds, employers, etc., if:

• • Required by law.
  • In pursuit of legitimate interests.
  • Protects the data subject’s legitimate interests.

Section 6: Legitimate Interest Assessment (LIA)

• Required when consent isn’t possible.

• Must include:
  • Purpose test: Define the reason and benefit.
  • Necessity test: Ensure no less intrusive method exists.
  • Balance test: Weigh responsible party’s interest vs. data subject’s rights.

• Records of LIA must be maintained.

Section 7: Public Interest Authorisation

• Regulator may authorise processing in public interest upon application.

CHAPTER 4: Retention of Records

Section 10

• Records must not be kept longer than necessary unless:
  • Required by law.
  • Needed for lawful functions.
  • Contractually agreed.
  • Consent is given.
  • Used for research/statistics with safeguards.

CHAPTER 5: Destruction, Deletion, or De-identification

Section 11

• Records must be destroyed, deleted, or de-identified when no longer authorised to retain.
• Must be done securely to prevent reconstruction.

FULL TEXT

DETAILS

GOVERNMENT NOTICE

INFORMATION REGULATOR

No. R. 2024

THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013- REGULATIONS RELATING TO THE PROCESSING OF DATA SUBJECT’S HEALTH OR SEX LIFE BY CERTAIN RESPONSIBLE PARTIES IN TERMS OF SECTION 112(2)(c) OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013

I, Adv Pansy Tlakula, Chairperson of the Information Regulator, hereby, under section 112(2)(c) of the Protection of Personal Information Act 4 of 2013, make the Regulations in the Schedule.

Adv Pansy Tlakula

CHAIRPERSON: INFORMATION REGULATOR

Date:

SCHEDULE

Arrangement Of Regulations

CHAPTER 1

Definitions

CHAPTER 2

Purpose of the Regulations

Scope of Application

CHAPTER 3

Processing of special personal information by certain responsible parties

CHAPTER 4

Retention of records

CHAPTER 5

Destruction, deletion, or de-identification of health or sex life information

CHAPTER 1

DEFINITIONS

1. DEFINITIONS

In these Regulations, any word or expression to which a meaning has been assigned in POPIA has the meaning so assigned and, unless the context otherwise indicates:

“administrative bodies” for the purposes of these Regulations means any responsible party managing and implementing Regulations, laws, and the reintegration of or support for workers or persons entitled to benefit in connection with sickness policies regarding the processing of the special personal information related to the health or sex life of a data subject.

“benefit” means, for the purpose of these Regulations, a payout or other form of compensation or reimbursement or medical cover due and payable in terms of an obligation in law, insurance policy, or contract.

“competent person” has the meaning given or assigned to it under Section 1 of the Act.

“consent” has the meaning given or assigned to it under Section 1 of the Act.

“employer” means the employer as defined in section 1 of the Occupational Health and Safety Act 85 of 1993, as amended.

“health information” means personal information relating to the physical and/or mental health of a data subject, including the provision of healthcare services and/or any testing, treatment, and diagnosis which reveals information regarding his/her illness, disability or injury.

“insurance company” means a company that provides and sells insurance.

“insurance policy” means a life insurance policy or a non-life insurance policy as referred to in the Insurance Act No.18 of 2017.

“legitimate interest” means, for the purpose of these Regulations, any processing of personal information of the data subject that involves a clear benefit to the data subject/s that outweighs, to a substantial degree, any interference with the privacy of the data subject that could result from such processing.

“managed healthcare” means clinical and financial risk assessment and management of health care, with a view to facilitating appropriateness and cost-effectiveness of relevant health services within the constraints of what is affordable, through the use of rules-based and clinical management-based programmes as referred to in the Regulations of the Medical Schemes Act GNR.1360 of 2002 wef 1 January 2003.

“managed healthcare organisation” means a person who has contracted with a medical scheme in terms of regulation 15A to provide a managed healthcare service as referred to in the Regulations of the Medical Schemes Act GNR.1360 of 2002 wef 1 January 2003.

“medical scheme” means any medical scheme registered under section 24(1) of the Medical Schemes Act No. 131 of 1998.

“medical scheme administrator” means any person who has been accredited by the Council in terms of section 58 of the Medical Schemes Act No. 131 of 1998.

“pension fund” means a pension fund organisation, as referred to in Section 1 of the Pension Funds Act 24 of 1956.

“sex life information” means any information concerning a data subject’s sex life or sexual orientation, or sex.

“the Act” means the Protection of Personal Information Act 4 of 2013.

CHAPTER 2

PURPOSE OF THE REGULATIONS

2.1 The primary purpose of these Regulations is to:

2.1.1 Assist responsible parties to implement the Act correctly;

2.1.2 Provide better transparency to data subjects on the manner in which their health and sex life information may be used; and

2.1.3 To provide tools to the Regulator and data subjects to challenge the use of the health and sex life information that exceeds the boundaries of the Regulations.

SCOPE OF APPLICATION

3.1 These Regulations shall apply to the processing of health or sex life information by the following responsible parties and applicable operators:

3.1.1 Insurance Companies;

3.1.2 Medical Schemes;

3.1.3 Medical Scheme Administrators;

3.1.4 Managed Healthcare Organisations;

3.1.5 Administrative Bodies;

3.1.6 Pension Funds;

3.1.7 Employers working for administrative bodies or pension funds;

3.1.8 Institutions working for administrative bodies or pension funds;

3.2. Reference to the responsible party(ies) in these Regulations shall refer to the responsible party(ies) specified in sub-Regulations 3.1.1 to 3.1.8.

CHAPTER 3

PROCESSING OF SPECIAL PERSONAL INFORMATION BY CERTAIN RESPONSIBLE PARTIES

4. Authorisation concerning the processing of data subject’s health or sex life information

4.1. A responsible party may, subject to section 27 of the Act, not process personal information concerning –

4.1.1. The religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject.

4.1.2. A responsible party may therefore, generally not process the health or sex life information of a data subject.

4.2. The prohibition on the processing of personal information as contained in section 26 of the Act, does not apply if the –

4.2.1. Processing is carried out with the consent of a data subject as referred to in section 26 of the Act; 4.2.2. Processing is necessary for the establishment, exercise or defence of a right or an obligation in law;

4.2.3. Processing is necessary to comply with an obligation of international public law;

4.2.4. Processing is for historical, statistical or research purposes;

4.2.5. Information has deliberately been made public by the data subject; or

4.2.6. Provisions of sections 28 to 33 are, as the case may be, complied with

5. Processing of health or sex life by administrative bodies, pension funds, employers, and institutions working for them

5.1. Administrative bodies, pension funds, employers, or institutions working for them may process a data subject’s health or sex life information if such processing is necessary for in terms of section 32(1)(f)(i) and (ii) of the Act for the purpose of:

5.1.1. Complying with the obligation imposed by law on the responsible party;

5.1.2. Pursuing the legitimate interests of the responsible party; or

5.1.3. Protecting a legitimate interest of a data subject.

6. Legitimate interest assessment

6.1.Where the responsible party has confirmed that it is necessary for it to process the health and sex life information of a data subject to implement a law, regulation or collective agreement, and where the responsible party relies on section 11(1)(f) of the Act and the consent of the data subject cannot be obtained, such responsible party must conduct a Legitimate Interest Assessment (“LIA”) prior to the implementation of the law, regulation or collective agreement.

6.2. The responsible party or third party mentioned in these regulations who process health or sex life in terms of these regulations for the purpose of protecting the legitimate interests of a data subject or pursuing the legitimate interest of a responsible party must conduct a LIA to identify the legitimate interests and determine whether the identified legitimate interest is appropriate to use as a lawful basis for processing personal information.

6.2.1. The responsible party must conduct the LIA before commencing with the processing of personal information concerning a data subject’s health or sex life.

6.2.2. Responsible parties must keep records, in terms of section 14(1) and (2) of the Act, of the LIA conducted as a way of demonstrating compliance with section 8 of the Act.

6.3. For a responsible party or third party to rely on legitimate interest as a basis for lawful processing of health or sex life information concerning a data subject’s health or sex life information, the following 3 staged assessments must be conducted:

6.3.1. a purpose test to identify the legitimate interest by setting out the purpose for processing health or sex life information concerning a data subject, as well as the benefits associated with the responsible party processing such information;

6.3.2. a necessity test to determine if the processing of such personal information is necessary to achieve the goal/purpose; and whether there are no less intrusive methods that can be used to achieve the goal/purposes; and

6.3.3. a balance test which requires a responsible party to balance their legitimate interest against the interests and rights of the data subject. They must conduct this test by determining the relationship between the responsible party and the data subject, as well as identify the type of personal information being processed and whether it falls within the ambit of special personal information as envisaged in section 26 of the Act.

7. Authorisation to health or sex life information in the public interest

7.1. The processing of the health or sex life information by the bodies mentioned in section 32(1(b) related to the health of a data subject or competent person, by medical schemes, insurance, etc. in the public interest may be authorised by the Regulator upon application in accordance with section 27(2) of the Act.

8. Appropriate safeguards

8.1. The responsible party that processes health or sex life information shall be responsible for maintaining the confidentiality and integrity of such information in its possession or under its control by taking appropriate, reasonable technical and organisational measures in accordance with section 19(1) of the Act which shall include the following:

8.1.1. The protection against any reasonably anticipated threat to the integrity of the health or sex life information:

8.1.1.1. including loss of the health or sex life information, or

8.1.1.2. any unauthorised use, disclosure, unlawful access to or processing of health or sex life information

8.2. The safeguards to be maintained under sub-Regulation 8.1.1. must include appropriate measures for –

8.2.1. the security and confidentiality of records, which measures must address the risks associated with electronic health or sex life records, and;

8.2.2. the proper disposal of health or sex life records to prevent any reasonably anticipated unauthorised use or disclosure of the health or sex life information or unauthorised access to the health or sex life information following its disposal.

8.3. Any processing of health or sex life information must be done provided that there is an agreement between the responsible party and the data subject.

8.4.The responsible parties mentioned in sections 32(1)(b) and (f) of the Act must have due regard to generally accepted information security practices, procedures, and professional rules and regulations that apply to their industry in relation to the processing of health or sex life information of data subjects which must amongst others include the following:

8.4.1. the adoption and implementation of applicable organisational measures, policies, regulations, guidelines, procedures, and requirements to prevent unlawful access or processing of health or sex life information;

8.4.2. in accordance with section 19(2) of the Act, the responsible party must conduct an information security risk assessment, and the mitigation measures (security safeguards) implementation must be enforced. These measures must be regularly evaluated for effectiveness and updated:

8.4.2.1. in accordance with section 19(3) of the Act, these organisational measures must include having an appropriate governance structure to oversee and ensure the adherence to industry standards and generally accepted information security practices; and

8.4.2.2. the adoption and implementation of adequate technical security policies and procedures, internal safety controls, based on applicable ISO standards as recommended by the Health Practitioners Council of South Africa, to protect electronic health or sex life information from any form of loss, damage, unauthorised destruction, and unlawful access.

9. Transfer of personal information outside the Republic

9.1. The responsible party is prohibited from transferring the health or sex life information of a data subject to a third party in a foreign country unless one or more of the requirements set out in section 72(1) of the Act are met.

9.2. Where the responsible party intends to transfer the health or sex life information of a data subject to a third country or international organisation, the responsible party must notify the data subject concerned about such a request before deciding to transfer the health or sex life information in accordance with section 18(1)(g) and (h) of the Act.

9.3. The responsible party should further indicate the level of protection that will be afforded to the personal information by a third party or international organisation to which the personal information is being transferred in accordance with section 18(1)(g) of the Act.

9.4. It is not necessary for a responsible party who intends to transfer personal information to a third party or international organisation to notify the data subject, provided that the data subject has given consent, or such transfer will be in the legitimate interest of the data subject.

CHAPTER 4

RETENTION OF RECORDS

10. Retention of records

10.1. The health or sex life information record of a data subject must not be retained longer than is necessary for achieving the purpose for which the information was collected unless:

10.1.1.The law prescribes the period for which health or sex life records should be retained;

10.1.2.the responsible party reasonably requires the record for lawful purposes related to its functions or activities;

10.1.3.retention of the record is required by a contract between the parties thereto;

10.1.4.the data subject or competent person consents to the storage of his or her health or sex life information to be kept for the prescribed period; and

10.1.5.the health or sex life information is processed for historical, statistical, or research purposes and the responsible party has established appropriate safeguards against the record being used for any other purposes.

CHAPTER 5

DESTRUCTION, DELETION, OR DE-IDENTIFICATION OF HEALTH OR SEX LIFE INFORMATION

11. A responsible party must destroy or delete a record relating to health or sex life information or de-identify it as soon as reasonably practicable after the responsible party is no longer authorised to retain the record in terms of section 14(1) and (2) of the Act. The destruction or deletion of a record of health or sex life information must be done in a manner that prevents its reconstruction in an intelligible form.

LINK TO FULL NOTICE

Protection of Personal Information Act: Regulations: Processing of data subject’s health or sex life by certain responsible parties

G 53426 GoN 6673

– Comment by 10 Oct 2025

26 September 2025

53426gon6673.pdf

ACTION

Ensure that you submit your comments before 10 October 2025.

BUSINESS ARTICLES

SOUTH AFRICA

BUSINESS LICENSING: DRAFT BILL GAZETTED FOR PUBLIC COMMENT

The Department of Small Business Development has called for input by 26 October 2025 on a draft Business Licensing Bill published long after the original notice announcing its availability was gazetted. Referring stakeholders to the department’s website for access to the draft Bill itself, that notice has since been withdrawn. By close of business on 26 September 2025, there was still no sign of the proposed new piece of legislation on the department’s website.

Backdated to 26 September 2025, the replacement notice (this time including the draft Bill) did not surface until 29 September 23025 – reducing the commentary period by three days.

As its title implies, the legislation envisaged focuses on business licensing and – once finalised, processed by Parliament and enacted – will repeal the 1991 Business Act. According to a memorandum on the draft Bill’s objects, this is noting a long legislative review process beginning in 2010 and including input from the South African Law Reform Commission.

Against that backdrop, among other things the following issues are covered:

• designation of business undertakings
• exemption from business licensing requirements
• preferential licensing for small businesses
• applying for registration as business license holder (including requirements to be met by foreign nationals)
• designated trading areas for citizens and small enterprises
• restriction or prohibition of street trading, and
• provincial and municipal ‘competency’

Please click the link below for more details:

• draft Bill with replacement notice

Published by SA Legal Academy Policy Watch

COMPETITION ARTICLES

UGANDA

Uganda publishes landmark Competition Regulations

The Competition Regulations, 2025 (the “Regulations”) have officially been published bringing to life a long-awaited framework for the implementation of the Competition Act (the “Act”).

Background

The publication of the Regulations follows a period of public consultation that began in December 2024 culminating in the listing of the final Regulations in the Uganda Gazette on 8 August 2025. Stakeholders from across different sectors contributed to refining the draft version. Members of our team attended these consultations and are pleased to have contributed to the final recommendations.

Issued under the authority of the Minister of Trade, Industry and Cooperatives, the Regulations document a set of procedures and rules for the regulation of anti-competitive practices, the abuse of dominance, merger control and the establishment of an administrative mechanism for enforcement.

Administrative structure and technical committee

The Regulations confirm that the Ministry of Trade, Industry and Cooperatives (the “Ministry”) will administer the implementation of the Act, through a technical committee composed of a chairperson and six members appointed by the Minister. Members of the technical committee will be drawn from government, the private sector and academia with specific eligibility criteria to ensure independence.

The technical committee is tasked with promoting fair competition, protecting consumer interests, monitoring and investigating anti-competitive conduct, approving mergers and advising on policy and legislative matters. Critically, the technical committee is empowered to mediate disputes between the Ministry and persons affected by decisions of the Ministry.

Prohibition of anti-competitive practices and agreements

The Regulations provide for preliminary inquiries into alleged anti-competitive practices or agreements, which may be initiated by the Ministry or upon complaint by any aggrieved person, including anonymous submissions. The Ministry must determine within 30 days whether there are reasonable grounds for a full inquiry. The Regulations clarify that the Ministry will not investigate matters already before the courts or where complainants fail to cooperate with or provide information sought by the Ministry.

Abuse of dominant position

A significant portion of the Regulations is devoted to the assessment and prohibition of abuse of dominance. The Ministry or technical committee is required to first establish dominance, considering factors such as market share (30% or more for single dominance, 60% or more for collective dominance), size and resources, economic power, technical advantages, consumer dependence, monopoly status, entry barriers, and countervailing market power. The Regulations also provide detailed guidance on the assessment of dominance in multi-sided markets and network industries and clarify that market share alone is not determinative.

Once dominance is established, the Ministry will then determine whether there is abuse. Specific forms of abuse addressed in the Regulations include:

• Refusal to deal, including a margin squeeze and denial of access to essential facilities or data, particularly in the digital economy;
• Tying arrangements, where the sale of one product or service is conditioned on the purchase of another;
• Predatory pricing, defined as pricing below average cost with the intent to exclude competitors; and
• Exclusive supply and distribution agreements.

Merger Control

The Regulations introduce a comprehensive merger control regime, requiring the notification of mergers, acquisitions and joint ventures that meet specific thresholds.

Key features of the regime include:

• Notification thresholds based on combined turnover or value of assets, with detailed guidelines for calculation and sector-specific provisions (e.g. carbon-based minerals);
• Filing fees applicable to a notifiable merger;
• Exemptions for certain transactions, including intra-group restructurings, transactions outside Uganda with no local effect, and those meeting thresholds prescribed under the Common Market for Eastern and Southern Africa (“COMESA”) Competition Regulations;
• Publication requirements for notifiable transactions and opportunities for third-party submissions;
• Procedures for Ministry review, including requests for information, hearings and consultations with other Government agencies; and
• The power to impose structural or behavioural remedies where a merger raises competition or public interest concerns.

The Regulations also address the treatment of private equity and investment funds, the calculation of turnover or assets for merger review and the steps that may be required once a merger is approved with conditions.

Complaints, Investigations and Enforcement

The Ministry is empowered to investigate suspected infringements of the Act, whether on its own initiative or upon complaint. The Regulations set out procedures for preliminary assessment, requests for further information and grounds for declining to investigate.

Where infringements of the Act are established, the Ministry may refer matters for prosecution. The court shall then determine the appropriate fine considering factors such as whether the infringement has resulted in anti-competitive effects, whether the target undertaking was in significant financial distress at the implementation of the merger and the level of cooperation of the parties during the investigation.

Penalties for contravention include fines up to UGX 20million (approx. USD 5,713) or imprisonment for up to ten years.

Confidentiality and Forms

The Regulations provide mechanisms for parties to claim confidentiality over submitted information, with the Ministry required to assess and determine such claims on a case-by-case basis. Forms for complaints, merger notifications, and confidentiality claims are also prescribed in the Schedules to the Regulations.

COMESA and EAC notifications

Notably, the Regulations expressly recognise that where notification of a merger is made to the COMESA Competition Commission, undertakings are only required to inform the Ministry of Trade of that notification within 14 days of the filing. The Regulations are silent however on notifications to the East African Community Competition Authority (“EACCA”), which is due to begin accepting notifications of mergers with cross-border effects from 1 November 2025. This gap requires clarification.

Delay to publish

The Act required the Minister of Trade to present regulations before Parliament by 21 October 2024. The Regulations have been published in September 2025, 11 months after the statutory deadline. As a result, affected parties may seek to have the overdue instrument nullified for contravening provisions of the Act.

Challenges to implementation

The effective enforcement of the Regulations depends largely on the capacity of the Ministry and the technical committee. Foreseeable challenges include limited staffing expertise in competition law and economics, delay in the appointment of the technical committee members and possible funding challenges for comprehensive market studies and investigations.

The Regulations also provide that any anti-competitive practice or agreement which is subject to a court process may not be considered by the Ministry. This may cause undue delay in investigating and hearing of competition matters.

Overlaps may also exist between the Regulations and sector-specific regulators. Lack of clear protocols for inter-agency cooperation upon reference of competition matters to the Ministry may result in conflicting decisions and uncertainty for businesses.

Conclusion

The Competition Regulations, 2025, mark a significant step in operationalising Uganda’s competition law framework. By providing detailed substantive and procedural rules, the Regulations are expected to enhance transparency, predictability and effectiveness in the enforcement of competition law. Importantly, the Regulations align Uganda with regional and international best practices and with proper implementation will support a competitive, consumer-friendly market environment.

Donald Nyakairu and Renata Nyakairu

ENSafrica

FINANCE ARTICLES

SOUTH AFRICA

BANKING INDUSTRY: INPUT SOUGHT ON DRAFT CODI FUND STRENGTHENING STRATEGY

The South African Reserve Bank (SARB) has published and called for input on a draft strategy for reducing the Corporation for Deposit Insurance’s (CODI’s) dependency on loan funding. The deadline for comment is 24 October 2025.

Including implementation timelines for a phased increase in deposit insurance premiums, the SARB’s proposals are underpinned by the need to:

• build a ‘resilient and self-sustaining’ deposit insurance fund
• ‘enhance financial stability’
• ‘reduce systemic risk’, and
• lower the … SARB’s guarantee exposure’.

This is noting that, as things now stand:

• ‘the … (fund) is primarily composed of liquidity tier contributions from banks, which are structured as loans’
• the CODI ‘pays interest on these contributions at the repurchase … rate but earns no margin’, and that
• this ‘limits the (fund’s) growth and increases reliance on bank loans.

Please click the link below for more information:

• draft strategy

Published by SA Legal Academy Policy Watch

Rwanda: Central Bank issues new directive setting out framework for foreign currency transactions

The National Bank of Rwanda ( “the Central Bank”), on 17 September 2025, issued the new directive no. 4230/2025-00042 [613] governing persons authorized to transact in foreign currencies and the requirements for obtaining authorization to that effect (“the Directive”). The Directive is aimed at streamlining the enforcement of the regulation n° 42 /2022 of 13/04/2022 governing foreign exchange operations as amended (“the FX Regulation”) which had prompted a mixed bag of reaction from various stakeholders.

This Directive reiterates the general rule that all monetary obligations or transactions entered or made in the Republic of Rwanda must be transacted in Rwandan franc (“FRW”) as a sole legal tender in Rwanda. Unlike its predecessor (i.e. Directive no 0520/2023-00041 [613.1.4] of 22/02/2023), the Directive expands the list of the persons permitted to transaction in foreign currency without having to obtain prior authorisation from the Central Bank (referred to under the Directive as “deemed authorised dealers”).

The list includes the following persons:
i. real estate companies that hold a valid investment certificate and are approved by the Rwanda Development Board to transact in foreign currency;
ii. tourism entities and travel agencies that hold a valid tourism operating license from the Rwanda Development Board;
iii. entities registered or licensed by a competent authority and operating under the Kigali International Financial Centre regime, as recommended by Rwanda Finance Limited;
iv. Kigali International Arbitration Centre;
v. mining operators dealing in minerals trading;
vi. aviation and related logistics service providers;
vii. air ticketing agencies;
viii. land and water cross border transport and related logistics;
ix. duty-free shops;
x. casinos;
xi. international schools, universities and higher learning institutions;
xii. suppliers or service providers to diplomatic missions, including embassies, consulates, UN missions, and international (similar) organisations accredited to Rwanda;
xiii. expatriates authorised to work in Rwanda, or any person employed or providing service to an entity that uses foreign currency sourced from outside Rwanda; and
xiv. suppliers or service providers of expatriates and persons who receive or get income in foreign currency sourced from outside Rwanda.

The list does not include other persons, who were otherwise expected to be included, such as independent power producers (“IPPs”) whose contracts with the national utility and other off-takers are (for the obvious reasons) generally denominated in foreign currencies. It is however believed, these players may be able to obtain authorisation from the Central Bank on case by case basis.

The Directive specifies that authorised dealers (whether deemed or not) shall not require a person dealing with them to pay in foreign currency, and such person is free to pay the FRW equivalent of the price/consideration in foreign currency. The Directive states that in such case, the average exchange rate of the Central Bank shall apply.

Under the Directive, the persons not listed as deemed authorised dealers may apply (to the Central Bank) for the authorisation to transact in foreign currency. The Central Bank shall have the maximum period of 25 working days (which may be extended by another 10 working days) to decide on such application failing which the application will be deemed to have been accepted.

The Directive also imposes record keeping obligations whereby the persons authorised to transact in foreign currencies whether as deemed authorised dealers or after obtaining the authorisation of the Central Bank to that effect are required to keep records pertaining to their transactions for a period of 10 years.

A moratorium of six (6) months has (under the Directive) been provided for the persons with ongoing contracts denominated in foreign currencies to comply with the Directive either by applying for the authorisation to transact in foreign currency or amending such contracts.

In a word, businesses transacting or intending to transact in foreign currencies should first confirm whether they are deemed authorised dealers under the Directive. If they are not, they may consider applying (to the Central Bank) for authorisation to transact in foreign currencies. Those listed, but whose status of “deemed authorised dealers” is subject to the approval and/or recommendations of other institutions, they need to secure such approvals and/or recommendations to start and/or continue transacting in foreign currencies. Equally important, businesses currently having contracts denominated in foreign currencies, but not listed as deemed authorised dealers, must either amend such contracts within six months or promptly apply for authorisation to transact in foreign currency, and specifically, to maintain their contracts in foreign currency.

* Reviewed by Dieudonné Nzafashwanayo, Partner in Rwanda

Jean Serge Dukuzimana

ENSafrica

Rwanda: Secondary tax implications of transfer pricing adjustments: An extra layer of complexity

In December 2024, during a panel session focused on tax policy and its role in enabling development financing and domestic revenue mobilisation in Africa, held as part of the Annual Meetings of the Africa Tax Administration Forum (“ATAF”), Ronald Niwenshuti, the Commissioner General of Rwanda Revenue Authority (“RRA”), acknowledged the support RRA has received from ATAF in the area of international taxation, including transfer pricing. He noted that, thanks to enhanced skills in these areas, revenue collected from international tax audits, including transfer pricing, now accounts for more than 30% of the total tax collections generated through audits.

This suggests that the Rwandan tax administration is becoming increasingly sophisticated in matters of international taxation, particularly in the area of transfer pricing. There is also growing scrutiny of cross-border transactions, especially those involving entities within the same multinational enterprise (“MNE”) group, that is, controlled transactions. This trend is evident in the RRA’s approach to transfer pricing audits, where the focus is not only on determining whether the pricing of controlled transactions is consistent with the arm’s length principle (“ALP”), but also on verifying whether the alleged controlled transaction actually took place and whether the conduct of the parties supports the claimed transaction or indicates that a different transaction may have occurred. As a result, the tax administration has, in some instances, been seen to disregard certain controlled transactions and/or replace them with other transactions especially when the transactions in question lack commercial rationale.

Whether the tax administration decides to reduce or increase the consideration received or paid by a member of an MNE group based in Rwanda for the supply of goods and/or services by or to another member of the same MNE group or decides to disregard their transactions or replace them with other transactions (transfer pricing adjustments), the primary outcome would be an increase in taxable income (for corporate income tax purposes) of the audited MNE group entity.

However, it does not necessarily end there. Transfer pricing adjustments may have other tax implications beyond increasing the taxable income of the audited MNE group entity.

Constructive dividend

The fact that primary transfer pricing adjustment increases the taxable income of the audited MNE group entity by increasing or decreasing the consideration received from or paid to another entity within the same MNE group does not take away the fact that there has been movement of excess value from one entity to another which would not have occurred had both entities dealt at arm’s length. In this regard, it is asserted that a secondary transaction is deemed to have taken place whereby the excess value resulting from the primary transfer pricing adjustment is considered to have been transferred under a separate transaction and must be taxed accordingly.

In Rwanda, the secondary transaction takes the form of a dividend under article 40 of the 2022 law establishing taxes on income as amended (Income Tax Law) which states that dividend income includes the outstanding balance after the taxation of income from the correction made by the tax administration in the transfer pricing.

This suggests that if, for instance, a Rwandan resident company purchases goods from its parent company and/or sister company in a foreign country, and the tax administration finds that the price paid by the Rwandan company is above the arm’s length price, the difference between the price actually paid and what is determined to be the arm’s length price would be construed as a dividend paid to the foreign parent company and/or sister company and taxed accordingly. This also justifies the fact that the tax administration never refunds withholding tax paid on intra-group service fees that are eventually rejected (whether in whole or in part) by the tax administration.

The constructive dividend would be subject to withholding tax at the rate of 15% and of course given the time difference between the date such dividend would be deemed to have been paid, and the date of the secondary adjustment, heavy penalties and interest would likely apply. Another interesting feature of secondary adjustment is whether constructive dividend under article 40 of the Income Tax Law would also be treated as a dividend for the purpose of different double taxation avoidance agreements (“DTAAs”) signed by Rwanda and taxed at lower rates provided for under such DTAAs.

Unintended withholding tax on technical service fees

It may happen that a controlled transaction structured as a supply of goods is eventually delineated by the tax administration as involving both the supply of goods and provision of services or simply the provision of services. The income from the supply of goods is (at least where a DTAA exists) not supposed to be taxed in the source country unless the seller has a permanent establishment in that country. However, in case a controlled transaction is delineated as including a service element or simply as provision of services, the buyer would be liable to pay withholding tax on the amount determined by the tax administration to be the arm’s length consideration for the services plus penalties and interests.

Potential value added tax and customs implications

Primary transfer pricing adjustments may increase or decrease the value or consideration for which goods and or services were supplied between related persons, creating discrepancies between the value of such goods and/or services in the books of a member of an MNE group for corporate income tax purposes and the value used for the purposes of computing value added tax and import duties.

Unless both entities involved in a controlled transaction are resident in Rwanda (Rwandan transfer pricing legislation applies even when both parties to a controlled transaction are resident in Rwanda), transfer pricing adjustment are unlikely to lead to assessment of additional VAT in case of supply of goods and/or services by a Rwandan resident entity to a non-resident entity within the same MNE group given that exported goods and services are exempted from VAT. This would also be the case where a Rwandan resident entity has acquired goods and /or services from a related non-resident entity, as in such a situation transfer pricing adjustment by the Rwandan tax administration can only lead to a decrease in the consideration paid for such good and/or services (downward adjustments). The latter case may however lead to a situation where the value accepted by the tax administration as consistent with the ALP is below the value used for the purpose of calculating VAT and import duties as the case maybe, opening up the possibility for claiming VAT refund (if such VAT was not allowed as input VAT particularly for imported services) and import duties.

Wrapping up, the implications of transfer pricing adjustment go beyond corporate income tax, and this adds an extra layer of complexity. MNEs operating in Rwanda should ensure they have robust documentation in support of their controlled transactions including detailed intercompany agreements, documentation regarding selection of appropriate transfer pricing methods and their application, functional and comparability analysis, and so on, as the finding that they are not dealing at arm’s length (which is likely in the absence of robust documentation) would be costly.

Dieudonné Nzafashwanayo

ENSafrica

GAMBLING ARTICLES

SOUTH AFRICA

Tsogo Sun secures Somerset West casino licence after 10-year wait

The approval unlocks a new investment in the Helderberg region, ending a prolonged regulatory battle over market competition and tourism development.

JSE-listed casino and leisure giant Tsogo Sun has finally received approval from the Western Cape Gambling and Racing Board to relocate its Caledon casino licence to Somerset West, paving the way for the group to invest in a new gaming and hospitality property within the Cape Town metro.

Tsogo Sun described the decision as “a positive development for the Western Cape and the group,” noting that the planned investment will bring world-class casino and hotel infrastructure to the underserved Helderberg and Overberg regions.

The approval marks the end of a prolonged regulatory impasse.

Tsogo Sun previously criticised delays in the licensing process, saying its Somerset West and Strand plans had been stalled for more than a decade.

In May, the group described the situation as “disappointing” and argued that” entrenched market dominance by a rival operator [Sun Interational] had limited competition, restricted consumer choice, and undermined efforts to broaden tourism infrastructure in the province”.

“These regions have been unserved and deprived of convenient, appropriate quality and secure casino and hotel development,” the company said earlier this year, adding that the exclusivity period granted to the competing operator had long since expired.

Sun International’s GrandWest Casino complex is currently the only fully-fledged casino operating in the Cape Town metro.

Tsogo Sun had also emphasised that land-based casinos create significant direct and indirect jobs, and that the Helderberg and Overberg investments could play a role in boosting local employment and tourism.

The group, in which HCI has a major stake, saw its shares gaining almost 2% on the JSE in morning trade, following news of the new casino licence. Tsogo Sun’s share price closed 1.24% up on Thursday, while most JSE stocks closed in the red.

Terri-Ann Brouwers

Moneyweb

LEGISLATION ARTICLES

SOUTH AFRICA

BILLS BEING PROCESSED IN PARLIAMENT (30 September 2025)

The spreadsheet to which a link is provided below reflects the status of Bills now before Parliament. The slow pace at which proposed new pieces of legislation are being processed continues unabated.

Please note that Bills listed in the schedule can be accessed by clicking their titles.

However, you are advised to download the spreadsheet before viewing it so that all data is visible.

There are now 38 Bills before Parliament (please download before viewing). The most recent developments are emboldened in red.

Published by SA Legal Academy Policy Watch

SOUTH AFRICA

Motsoaledi confirms SA to implement anti-counterfeit medicine plan from 2026

It’s aimed at rooting out illegal medicines that have seeped into the market.

The national action plan for combating the use of fake medicines in South Africa will be implemented from next year.

It’s aimed at rooting out illegal medicines that have seeped into the market.

These include weight loss medication.

The plan has been developed by the South African Health Products Regulatory Authority (SAHPRA), guided by the World Health Organization (WHO).

Health Minister Aaron Motsoaledi said the plan would be implemented from 2026 to 2030.

Its main aim is to ensure that the public’s health is protected and that fake medicines are removed from the market.

Motsoaledi said guarding measures would be introduced at ports of entry and would also include market surveillance and inspecting medicine manufacturers.

“All actors within the supply chain, particularly at key pinch points in both the public and private sectors, must be equipped with the knowledge, skills, and equipment to identify and report suspicious products to SAHPRA,” said Motsoaledi.

He added that the implementation would be driven by technical working groups, including border management, police, and suppliers.

Jabulile Mbatha

EWN

TRANSPORTATION ARTICLES

SOUTH AFRICA

New rules for South Africans with expired driving licences

The Department of Transport has gazetted new rules allowing expired driving licences to be used as valid forms of identification in South Africa, provided certain conditions are met.

This has come as the country continues to deal with a massive backlog in printing new cards caused by repeated breakdowns of its only licence card printer.

According to the notice published on Friday, 26 September 2025, motorists whose licences have expired will have a three-month grace period during which their expired card remains valid, as long as they can prove they applied for a new one before it expired.

This is not a new concession but part of standard procedure, as highlighted previously by the Organisation Undoing Tax Abuse (OUTA), which informed drivers that their licence remains valid for three months if renewal is done on time.

To make use of this grace period, drivers must carry both their expired licence card and the official receipt showing that they have applied for renewal.

If the licence had already expired before the application was submitted, the rules are stricter. In such cases, motorists are required to apply for a temporary driving licence at the same time, which remains valid for six months or until the new card is issued.

Airlines have been instructed to accept expired licences under these conditions, easing travel disruptions for South Africans still waiting for their cards.

The problem comes from the country’s ageing driving licence card printer, which broke down in February 2025 and remained out of service until early May.

During this period, the backlog ballooned to over 700,000 licence cards, leaving many drivers in limbo.

By mid-September, the backlog stood at 336,028, although this represents significant progress compared to earlier in the year.

The machine, which is more than 25 years old, has broken down more than 160 times over its lifetime, repeatedly plunging the system into crisis.

Concerns remain

The Driving Licence Card Authority (DLCA) has been forced to run 24-hour shifts since its restoration in May, with the goal of reducing the backlog to manageable levels before the end of the year.

Officials remain cautiously optimistic that the backlog could be fully cleared by December, potentially giving motorists long-awaited relief just in time for the holiday season.

To avoid similar disruptions in the future, the Department of Transport has been working on an interim solution.

In July, Transport Minister Barbara Creecy announced a memorandum of understanding with the Department of Home Affairs to establish a backup system through the Government Printing Works.

Since this state-owned facility already prints passports and Smart ID cards, it was considered a logical choice to help ease the burden of producing driving licences.

The interim printing system is expected to be operational in October, offering a measure of stability while longer-term reforms are considered.

Despite these measures, concerns remain. Civil rights group AfriForum has warned that ongoing failures in the system could lead to a collapse in compliance, similar to what was seen with the failed e-toll scheme and the TV licence system.

AfriForum campaign officer Louis Boshoff argued that it is unreasonable to expect motorists to comply with renewal obligations if the government cannot ensure a reliable system.

“History teaches us that civil non-compliance occurs when unreasonable obligations are imposed by the government,” Boshoff said.

He warned that driving licence renewals could become the next flashpoint for public resistance. Regardless, the gazetted rules provide some relief to motorists caught in the backlog, particularly those needing to travel or verify their identity.

Malcolm Libera

Businesstech

69 municipalities in South Africa are about to get a big wake up call

Motorists across South Africa are being warned to expect larger fines, shorter discount periods and much sharper consequences for not paying up from 1 December 2025.

The date marks the first major rollout of the Administrative Adjudication of Road Traffic Offences (AARTO) system, which will launch in 69 metros and municipalities.

This will be followed by the rollout of the system in another 144 municipalities on 1 April 2026, ending with the launch of the long-awaited driving demerit system in September 2026.

The AARTO system has been operating in metros like Johannesburg and Tshwane for years, but the government has long-held plans to roll the system out nationally.

The rollout has been beset with delays, however, even though the system got the go-ahead from South Africa’s apex court after legal challenges on Constitutional grounds.

While the driving demerit system is the biggest systemic change under the new laws, there are also a host of administrative changes taking place that will shake things up for drivers.

According to FinesSA.co.za, motorists and fleet managers need to prepare for stricter unpaid fine penalties, the possibility of losing driving privileges under the new demerit system, and a surge in fraudsters circulating fake “ghost fines.”

Notably, the group warned that ignoring or mishandling fines could mean losing your licence or being unable to renew your car registration under the law.

If you try to sell a car with unresolved AARTO infringements, you could also be prevented from doing so.

While the AARTO rolling out nationally is similar to the current version, which applies in Johannesburg and Tshwane, it has numerous differences.

The most significant change is the introduction of “electronic service” and removing the right to be tried by a competent court.

How the new system will work

Under the current system, fines are issued in terms of the Criminal Procedure Act. This makes traffic violations a criminal process and regards all violations as criminal offences.

These offences are prosecuted by the NPA, mainly in the lower courts. As such they also require strict adminstrative processes that often place the burden on the state to pursue offenders.

This includes notices being served through registered mail.

The AARTO Act will “decriminalise” most traffic violations and subject them to different administrative processes. While this appears more positive for drivers, the administrative changes flip the script.

The laws bring a three-step process in issuing fines:

• Infringement notice: Offenders will be hit with an infringement notice and notified either physically or electronically. They will have 32 days to pay the fine at a 50% discount.

• Courtesy letter: If the deadline is missed, the discount falls away and an administrative penalty is added. Offenders will have 32 days to pay the full amount.

• Enforcement notice: If the second deadline is missed, another administrative penalty is added, and demerit points (when the system is operational) will be applied.

Once an enforcement notice is in effect, motorists will be blocked from having any NaTIS documents issued, including driving licences, professional driving permits or vehicle licence discs.

The old excuses of “not receiving the notices” also increasingly fall away, as each notice can be issued electronically through various digital channels, and the onus now falls on offenders to prove their case.

There are also no automatic rights to have the matter heard in court or to have summonses issued and served, as the fines are no longer under the CPA.

At every step, it is up to drivers or vehicle owners to make their case to have the fine reversed or redirected where necessary.

Simply put, ignoring fines won’t make them go away, and there are real-world consequences for individuals and businesses for not paying up.

Driving demerits bring big changes

The real shift for drivers will come from 1 September 2026 (if there are no further delays) when the driving demerit system will be implemented.

Under the demerit points system, each fine carries a point, and these can accumulate quickly, posing the real risk of licence suspension once 15 demerit points are reached.

For businesses, it introduces added compliance burdens from nominating responsible drivers to managing fines across entire fleets.

Traffic fines and demerit points are linked to the vehicle’s owner, not just the driver, adding further complications.

The demerit system aims to improve road safety by penalising repeat offenders. Every driver starts with zero demerit points.

When you commit a traffic violation, you get a fine and a set number of demerit points based on the severity of the offence.

If you accumulate 15 or more points, your licence will be suspended. If your licence is suspended multiple times, it can be permanently cancelled.

Points decrease by one every three months if the driver does not commit further violations.

Because the infringement and enforcement notices can be delivered through electronic and digital channels, various groups have warned that motorists have little room to try and dodge the system.

Notably, there may be other, unintended consequences of this move, such as a rise in scammers and fraudsters who may try to exploit the notices.

Given the prevalence of digital scams in South Africa, this is now another avenue to watch out for, where fraudsters may spoof RTIA notices, urging people to pay “ghost” fines that don’t exist.

Businesstech