
Dear Subscribers,
This week’s Government Gazette and legal updates bring several critical regulatory developments affecting employers, tax teams, HR executives, finance departments, and operational leaders (for the full Gazette, kindly see attached: Gazette and Newsflash 27 February – 06 March 2026). While the full set of notices spans environmental, trade, finance, labour, transport, and legal frameworks, two developments stand out for immediate organisational attention:
- Income Tax Act – New SARS rate per kilometre (effective 1 March 2026)
- Labour Law Amendment Bill – Sweeping proposed reforms (comments invited)
These items carry direct implications for payroll, HR governance, workforce planning, employee value propositions, budgeting, and tax compliance.
We recommend that all stakeholders read the attached Gazette & Newsflash document to stay ahead of emerging compliance obligations, regulatory risks, and strategic opportunities.
Below is an executive summary, a layman’s explanation of each key provision, and your practical compliance roadmap for the two priority items.
EXECUTIVE SUMMARY
INCOME TAX ACT: FIXING OF RATE PER KILOMETRE (GON 7182, 27 FEB 2026)
SARS has issued the new cost‑scale and simplified rate for reimbursing employees who use private vehicles for business travel, effective 1 March 2026. The simplified rate is now 495 cents per kilometre, with updated fixed, fuel, and maintenance cost tables where employers use the “logbook plus cost‑scale” method.
Why it matters:
Any employer using travel allowances, reimbursable travel payments, pool vehicles, or mileage reimbursement must update payroll systems, policies, and employee communications before March payroll runs.
SECTION‑BY‑SECTION SUMMARY & PRACTICAL COMPLIANCE
1. What the Section Says (in layman terms):
- SARS has set new rules to calculate tax-compliant reimbursement for employees using their own vehicle for business travel.
- The reimbursement has three components:
✔ Fixed cost (like insurance and depreciation)
✔ Fuel cost
✔ Maintenance cost
- The values depend on the value of the vehicle (original cost or cash value).
- Alternatively, employees may opt for a simplified rate of 495 cents per km – but only if:
✔ They receive no other travel allowance
✔ The employer reimburses only for actual kilometres
✔ The reimbursement excludes toll and parking fees
2. How this affects organisations:
- Payroll systems must use the new SARS tables from 1 March 2026.
- Failure to update rates risks incorrect PAYE, audit exposure, or non‑compliance penalties.
- Car‑allowance policies must be updated to reflect the new cost‑scale.
- Employees using the simplified rate need to opt in and understand conditions.
3. What organisations must do to comply:
✔ Update payroll tables before March payroll closes
✔ Issue internal employee communication
✔ Update travel policies (rates, declarations, logbook requirements)
✔ Audit existing travel allowances for tax risk
✔ Update employment contracts if they refer to travel reimbursement wording
✔ Train payroll and HR on new SARS cost‑scale calculations
LABOUR LAW AMENDMENT BILL – DRAFT FOR COMMENT (GEN 3801, 26 FEB 2026)
This Bill represents the largest overhaul of labour legislation since 2014, amending the BCEA, LRA, EEA, UIA, and NMW Act.
Major reforms include:
- Gender‑neutral shared parental leave (4 months + additional days)
- Expanded employee definition (covering gig‑workers + dependent contractors)
- New protections for on‑call / zero‑hour workers
- Higher severance pay (2 weeks per year for future service)
- Stronger enforcement & CCMA powers
- New startup exemptions from bargaining council agreements
- Broader harassment jurisdiction at the CCMA
- Changes to dismissal procedures
- Revised UIF parental benefits system
Why it matters:
This Bill will fundamentally change HR structures, workforce cost models, disciplinary processes, parental leave policies, and gig‑worker arrangements.
Public comments are invited – this is the time to influence the final law.
SECTION‑BY‑SECTION SUMMARY & PRACTICAL COMPLIANCE
1. Key Sections Explained in Plain Language
A. Shared, Gender‑Neutral Parental Leave
- All parents (biological, adoptive, commissioning) can share four months of leave.
- A single parent gets the full 4 months; dual parents can divide it based on household arrangements.
- Miscarriage and stillbirth are expressly covered.
Organisational effect:
- Workforce planning becomes more complex.
- Parental policies must be entirely rewritten.
- UIF claims will increase and shift.
B. New Definition of “Employee” (Gig & Dependent Contractor Inclusion)
Unless proven otherwise, gig‑workers engaged via platforms or structured dependence may be presumed employees.
Organisational effect:
- Platform‑worker business models face new compliance obligations.
- More individuals will have rights to leave, UIF, CCMA access, minimum wage, and unfair dismissal protections.
C. New Framework for On‑Call / Zero‑Hour Workers
Regulates:
- Availability hours
- Minimum scheduled hours
- Pay for cancelled shifts
- Secondary employment protections
- Sick leave rights
Organisational effect:
- Retail, hospitality, healthcare, and logistics sectors will face new cost obligations.
- Flexibility in scheduling will reduce.
D. Severance Pay Increased
Future service entitles employees to 2 weeks’ pay per completed year.
Effect:
- Higher retrenchment costs
- Budgeting and workforce restructuring impacts
E. CCMA Jurisdiction Expanded
CCMA may now hear:
- All harassment matters (not just sexual)
- Mixed discrimination + dismissal disputes
- Enforcement of unpaid wages or benefit contributions
- Gig‑worker disputes
Effect:
- More CCMA cases, fewer Labour Court matters
- Faster enforcement of employee rights
- Higher employer exposure
F. Small‑Business Exemption for New Firms (< 50 employees, < 2 years old)
Startups may be exempt from bargaining council agreements.
Effect:
- Lower compliance burden for new entrants
- Important for costing and expansion strategies
2. What Businesses Must Do to Comply (Once Enacted):
✔ Rewrite parental leave policies
✔ Review gig‑worker, consultant, and platform contracts
✔ Formalise schedules for on‑call workers
✔ Budget for increased severance liabilities
✔ Update disciplinary codes and dismissal procedures
✔ Train HR, payroll, supervisors, and managers
✔ Strengthen documentation and record‑keeping
✔ Update employment contracts and workforce planning models
IMPLICATIONS FOR BUSINESSES
Market & Cost Impacts
- Higher labour cost base due to leave expansion & severance uplift
- Stricter enforcement environment → increased CCMA exposure
- Gig economy reclassification → higher cost of labour, reduced flexibility
- Greater administrative burden for HR and payroll
Governance & Compliance Impacts
- Increased reporting and documentation obligations
- More complex parental leave scheduling
- Mandatory policy updates
- Risk of penalties if reimbursement rates or leave entitlements are mishandled
PRACTICAL NEXT STEPS FOR YOUR ORGANISATION
- Update March 2026 payroll immediately (kilometre rates).
- Begin an impact assessment of the Labour Law Amendment Bill.
- Identify internal teams who will contribute to public comment.
- Update travel reimbursement, HR policies, and workforce models.
- Circulate this summary and attachment to all compliance leads.
- Prepare internal workshops on HR, payroll, and labour compliance.
- Monitor weekly Gazette updates for implementation timelines.
— Alison and The Legal Team
CONTENTS
Agricultural Product Standards Act: Inspection fees for 2026 5
Statement on the latest decisions by the Competition Commission 6
Architectural Profession Act: Guideline for Professional Fees 11
CUSTOMS, EXCISE AND INTERNATIONAL TRADE 22
Income Tax Act: Fixing of rate per kilometre in respect of motor vehicles (English / Afrikaans) 41
Labour Law Amendment Bill: Draft: Comments invited 53
Deeds Registries Act: Regulations: Amendment (English / Afrikaans) 55
Liquor Products Act: Wine of Origin Scheme: Defining of production area: Shaw’s Mountain 64
Liquor Products Act: Wine of Origin Scheme: Defining of production area: Goukou River Valley 64
Standards Act: Standards matters: Comments invited 65
Merchant Shipping Act: Second Schedule: Amendments: Comments invited 71
Cross-Border Road Transport Act: Revised Fee Adjustments, 2026 (English / Afrikaans) 73
VAT changes for South Africa 75
SARS widens reach to foreign funds 77
UWC study highlights misleading marketing practices in baby food brands 79
Online gambling in South Africa banned again 81
Call to keep combustibles separate in tobacco bill 84
Minister Macpherson warns of demolition after deadly Ormonde collapse 85
Licence fee hike sparks concern 89
AGRICULTURAL
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| LAW AND TYPE OF NOTICE
AGRICULTURAL PRODUCT STANDARDS ACT:
Inspection fees for 2026
G 54218 GoN 7169
27 February 2026
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| APPLIES TO:
Any organization exporting, preparing, packing, processing, storing, or handling perishable agricultural products regulated under the Agricultural Product Standards Act—and subject to PPECB inspection—will be affected by this notice.
1. Agricultural Exporters 2. Packhouses 3. Processing Facilities 4. Farming Operations Supplying Export Markets 5. Logistics and Cold-Chain Service Providers (Indirect Impact) 6. Bulk Commodity Exporters |
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| DETAILS
PLEASE CLICK HERE TO VIEW THE FULL SET OF INSPECTION FEES
AGRICULTURAL PRODUCT STANDARDS ACT: INSPECTION FEES FOR 2026 G 54218 GON 7169 27 FEBRUARY 2026
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| LINK TO FULL NOTICE
Agricultural Product Standards Act: Inspection fees for 2026G 54218 GoN 7169 27 February 2026
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| ACTION Take note
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END
COMPETITION
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| LAW AND TYPE OF NOTICE
COMPETITION DECISIONS
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| LINK TO FULL NOTICE
Statement on the latest decisions by the Competition CommissionDate: 27 February 2026
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END
CONSTRUCTION
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| LAW AND TYPE OF NOTICE
ARCHITECTURAL PROFESSION ACT:
Guideline for Professional Fees
G 54218 BN 885
27 February 2026
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| APPLIES TO: 1. Architectural practices 2. SACAP-registered architectural professionals 3. Clients commissioning architectural services 4. Built environment consultants 5. Construction contractors 6. Municipalities and statutory approval bodies 7. Real estate developers, property owners, asset managers 8. Any organisation relying on professional architectural services
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| SUMMARY 1. Purpose of the Guideline
2. Fee Calculation Methods A. Project Cost‑Based Fee
B. Time‑Based Fee
3. Complexity Categories The guideline adopts SACAP’s Identification of Work (IDoW) categories:
4. Work Stages Covered The Standard Service is divided into six stages:
Each stage has a defined percentage of the total fee (e.g., Stage 5 = 30%). 5. Additional & Partial Services The notice lists numerous additional services that attract extra fees, including:
Some additional services attract fixed increases (e.g., alterations = +30%, heritage work = +40%). 6. Reimbursable Expenses Clients must reimburse reasonable expenses such as:
A minimum 10% handling fee may apply in certain cases. 7. Special Fee Situations The notice provides specific rules for:
8. Contractual Requirements The notice reiterates that all professional appointments must include:
Overall Summary This board notice provides a comprehensive framework for determining fair, transparent, and competition‑aligned professional fees for registered architects in South Africa. It explains how fees must be calculated, how project complexity influences fees, how work stages are structured, and how additional/optional services are billed. The guideline is not mandatory, but is intended to serve as a national reference point for both architectural professionals and their clients.
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| FULL TEXT
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| DETAILS
PLEASE CLICK HERE TO VIEW THE FULL DOCUMENT:
ARCHITECTURAL PROFESSION ACT: GUIDELINE FOR PROFESSIONAL FEES G 54218 BN 885 27 FEBRUARY 2026
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| LINK TO FULL NOTICE
Architectural Profession Act: Guideline for Professional FeesG 54218 BN 885 27 February 2026
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| ACTION 1. Governance & Policy Compliance 1.1 Adopt the Updated 2026 Guideline Fees Internally Ensure your organisation uses the 2026 guideline (Board Notice 885) and that the repealed 2024 guideline (Notice 672) is no longer referenced. 1.2 Update Internal Procurement & Appointment Policies Policies must reflect:
1.3 Ensure SACAP‑Registered Professionals Are Appointed The notice requires that services be delivered by registered persons in line with the Architectural Profession Act. 2. Contracting & Documentation Compliance 2.1 Use Written Agreements for All Architectural Appointments The notice requires a formal written agreement defining:
2.2 Clearly Define the Work Stages in Every Contract Contracts must reflect the six work stages (1–6) and their percentages. 2.3 Ensure Scope & Budget Are Clearly Defined Fees depend on the stated budget, which must be realistic and revisited if it changes. 2.4 Include Provisions for Reimbursable Expenses Contracts must specify allowable reimbursables such as:
And may include a 10% attendance allowance. 2.5 Provide for Adjustments When Parameters Change The notice requires adjustments to professional fees where project parameters (scope, programme, cost, consultants, etc.) materially change. 3. Financial & Fee‑Setting Compliance 3.1 Classify Project Complexity Correctly Complexity influences fee tables; you must assess whether a project is:
3.2 Apply the Correct Fee Tables Use the published tables for the appropriate cost bracket and complexity level. 3.3 Apply Special Fee Adjustments Where Required Examples from the notice:
3.4 Implement Time‑Based Fees Correctly Where scope is unclear or work is specialist, apply the correct hourly rate schedule for category of staff. 3.5 Apply Stage‑Based Fee Apportionment Ensure invoice schedules and budgets follow the prescribed stage percentages (e.g., Stage 5 = 30%). 4. Operational Compliance 4.1 Ensure Work Outputs Align to the Six Stages Deliverables must match the defined outputs of each stage (e.g., Stage 4.1: plan submission; Stage 4.2: tender). 4.2 Document Inspections & Site Administration Properly Stage 5 requires contract administration and inspections to industry standards. 4.3 Manage Close‑Out Documentation Stage 6 requires handover, record drawings, and completion documentation. 4.4 Record Variations & Additional Scope Changes to design, rework due to cost‑saving requests, or additional investigations must be documented and billed on a time basis. 5. Risk, Governance & Oversight Compliance 5.1 Avoid Using Fee Baskets The guideline explicitly prohibits reducing all professional fees to fit an overall fee basket without adjusting service levels. 5.2 Monitor Contract Periods If construction exceeds the initial period by more than 10%, additional hourly‑based fees must apply. 5.3 Ensure No Withholding or Set‑Off of Fees Clients may not withhold payment due to disputes—professional accounts are payable on presentation. 5.4 Implement Appropriate Dispute Resolution Mechanisms Where disputes arise, fee guidelines tie expert witness/mediator fees to specialist hourly rates. 6. Recordkeeping Compliance 6.1 Keep Accurate Hourly Time Logs (for time‑based projects) Accurate cost and time records must be maintained and reported. 6.2 Maintain Documentation for All Disbursements Expenses must be properly accounted for and reimbursed in line with guidelines. 7. Stakeholder & Internal Training 7.1 Train Internal Teams Those involved in:
must understand:
7.2 Train Appointed Professionals (where applicable) Ensure external architectural professionals understand the organisation’s expectations aligned to the guideline.
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END
| LAW AND TYPE OF NOTICE
QUANTITY SURVEYING PROFESSION QUANTITY SURVEYING PROFESSION ACT:
Revised Policies and Code of Professional Conduct: Comments invited
G 54218 BN 884
– Comment by 27 Mar 2026
27 February 2026
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| APPLIES TO: · Quantity surveying practices · Multidisciplinary built‑environment professional practices · Voluntary built‑environment associations · Employers of QS professionals (public and private) · Any business offering quantity surveying services
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| EXECUTIVE SUMMARY The Code establishes mandatory ethical, professional, operational, and disciplinary standards for all registered persons and quantity surveying practices in South Africa. The framework aims to protect the public, uphold the integrity of the profession, and ensure that only competent, ethical, and accountable practitioners engage in quantity surveying work. 1. Purpose of the Code The Code sets out clear objectives:
2. Scope and Jurisdiction The Code applies to:
3. Requirements for Establishing and Operating a QS Practice Key compliance requirements include:
Failure to comply may result in reprimand, fines, suspension, or cancellation. 4. Core Professional Duties and Ethical Principles All registered persons must:
5. Restrictions on Practice Registered QSs may NOT:
Candidate quantity surveyors may NOT:
6. Disciplinary Procedures Complaints follow the formal process under Sections 28–33 of the Act:
These procedures ensure fairness, transparency, and due process. 7. Schedule of Offences & Sanctions The revised sanctions framework introduces four severity levels:
Examples of offences include:
8. Repeal of Prior Code The previous 2013 Code of Conduct (Notice 36663) is repealed and replaced in full by this revised Code.
Overall Summary The revised SACQSP Code of Professional Conduct & Sanctions (2026) significantly strengthens professional accountability within the quantity surveying profession. It imposes stricter requirements on practice ownership, disclosures, supervision, ethical conduct, and competence. It also introduces a structured, transparent sanction system aligned with the Quantity Surveying Profession Act. Registered persons and QS practices must ensure full compliance to avoid disciplinary action, protect the public interest, and uphold the integrity and standing of the profession.
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| FULL TEXT
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| DETAILS
CLICK HERE TO VIEW THE REVISED POLICY
G 54218 BN 884 – COMMENT BY 27 MAR 2026 27 FEBRUARY 2026
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| LINK TO FULL NOTICE
Quantity Surveying Profession Quantity Surveying Profession Act: Revised Policies and Code of Professional Conduct: Comments invitedG 54218 BN 884 – Comment by 27 Mar 2026 27 February 2026
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| ACTION Ensure that you submit your comments before 27 March 2026
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END
CUSTOMS, EXCISE AND INTERNATIONAL TRADE
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| LAW AND TYPE OF NOTICE
INTERNATIONAL TRADE ADMINISTRATION ACT:
Investigation for Remedial Action in the Form of a Safeguard Measure Against the Increased Imports of Flat-Rolled Products of Iron or Non-Alloy Steel
G 54223 GeN 3804
26 February 2026
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| APPLIES TO: Local steel manufacturers (SACU industry) Importers of the subject steel products Foreign exporters and global steel mills Downstream manufacturers using coated/coiled steel Industry associations and trade bodies Customs authorities (SARS) Trade and legal advisory firms Government and regulatory bodies involved in trade remedies
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| DETAILS
DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION
NOTICE 3804 OF 2026
INTERNATIONAL TRADE ADMINISTRATION COMMISSION
INVESTIGATION FOR REMEDIAL ACTION IN THE FORM OF A SAFEGUARD MEASURE AGAINST THE INCREASED IMPORTS OF FLAT-ROLLED PRODUCTS OF IRON OR NON-ALLOY STEEL, OF A WIDTH OF 600 MM OR MORE, CLAD, PLATED OR COATED, WITH ALUMINIUM-ZINC ALLOYS, OF A THICKNESS OF 0.45MM OR MORE, CLASSIFIABLE IN TARIFF SUBHEADINGS 7210.61.40 AND 7210.61.90 AND FLAT-ROLLED PRODUCTS OF NON-ALLOY OR OTHER ALLOY STEEL, OF A WIDTH OF 600 MM OR MORE, OTHERWISE PLATED OR COATED WITH ZINC, OF A THICKNESS OF 0.45MM OR MORE, CLASSIFIABLE IN TARIFF SUBHEADINGS 7210.49.40, 7210.49.50, 7210.49.90, 7225.92.45, 7225.92.55 AND 7225.92.90 (“CORROSION RESISTANT STEEL THICK GAUGE“)
On 25 July 2025, the International Trade Administration Commission of South Africa (“the Commission”) initiated an investigation for remedial action in the form of a safeguard measure against the increased imports of corrosion resistant thick steel coil (“the subject product”) through Notice No. 3389 in Government Gazette No. 53038. (the “Initiation Notice”).
PLEASE CLICK HERE TO VIEW HERE:
G 54223 GEN 3804 26 FEBRUARY 2026
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| LINK TO FULL NOTICE
International Trade Administration Act: Investigation for Remedial Action in the Form of a Safeguard Measure Against the Increased Imports of Flat-Rolled Products of Iron or Non-Alloy SteelG 54223 GeN 3804 26 February 2026
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| ACTION Take note
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END
| LAW AND TYPE OF NOTICE
INTERNATIONAL TRADE ADMINISTRATION ACT:
Initiation of investigation into extension of Safeguard Measures on Imports of Threaded Fastners of Iron or Steel: Comments invited
G 54221 GeN 3802
– Comment by 27 Feb 2026
26 February 2026
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| APPLIES TO: · Domestic fastener manufacturers (SAFMA, CBC Fasteners, Impala Bolt and Nut, T&I Chalmers). · Importers of fasteners. · Foreign exporters and overseas mills. · Downstream industries using fasteners. · Industry and trade associations. · SARS (customs enforcement). · Legal, consulting, and trade advisory firms. · DTIC and ITAC as regulators. |
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| DETAILS
DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION
NOTICE 3802 OF 2026
INTERNATIONAL TRADE ADMINISTRATION COMMISSION NOTICE OF INITIATION OF THE INVESTIGATION INTO THE EXTENSION OF SAFEGUARD MEASURES ON IMPORTS OF THREADED FASTNERS OF IRON OR STEEL: BOLT ENDS AND SCREW STUDS, SCREW STUDDING AND OTHER HEXAGON NUTS (EXCLUDING THOSE OF STAINLESS STEEL AND THOSE IDENTIFIABLE FOR AIRCRAFT)
INTRODUCTION
Regulation 21.7 of the Amended Safeguard Regulations (SGR) provides that any definitive safeguard measure may be extended by a period of up to six years where the International Trade Administration Commission of South Africa (the Commission) finds that the lapse of the safeguard measure imposed in terms of Regulation 21.6 of the SGR is likely to lead to the recurrence of serious injury, and there is evidence that the Southern African Customs Union (SACU) industry is adjusting.
On 18 February 2026, the SACU industry submitted a properly documented application to the Commission, containing information on threaded fasteners of iron or steel relating to the likelihood of recurrence of serious injury and evidence that the SACU industry is adjusting. Based on the information submitted, the Commission found that the SACU industry submitted prima facie information to indicate that the expiry of the safeguard measure on imports of threaded fasteners of iron or steel would likely lead to the recurrence of serious injury; and there is evidence that the industry is adjusting.
In its meeting of 23 February 2026, the Commission decided to proceed with the investigation into the extension of safeguard measures on imports of threaded fasteners of iron or steel. The non-confidential application, containing the allegations and prima facie evidence that the Commission relied on in its decision to initiate, will be placed in the public file. The public file is available for inspection at the Commission’s offices by all interested parties, by appointment.
Please take notice further that interested parties are encouraged to inspect the public file regularly.
CLICK HERE TO VIEW THE FULL DOCUMENT
G 54221 GEN 3802 – COMMENT BY 27 FEB 2026 26 FEBRUARY 2026
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| LINK TO FULL NOTICE
International Trade Administration Act: Initiation of investigation into extension of Safeguard Measures on Imports of Threaded Fastners of Iron or Steel: Comments invitedG 54221 GeN 3802 – Comment by 27 Feb 2026 26 February 2026
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| ACTION Take note
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END
| LAW AND TYPE OF NOTICE
INTERNATIONAL TRADE ADMINISTRATION ACT:
Creation of a Temporary Rebate Facility for the Importation
G 54222 GeN 3803
– Comment by 27 Mar 2026
26 February 2026
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| APPLIES TO: 1. Importers of grooved couplings 2. Distributors/wholesalers of pipe fittings 3. Contractors using grooved coupling systems 4. Potential or emerging local manufacturers of couplings 5. Industrial end‑users 6. Industry associations 7. ITAC, DTIC, SARS 8. Customs brokers and trade consultants |
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| DETAILS
DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION
NOTICE 3803 OF 2026
INTERNATIONAL TRADE ADMINISTRATION COMMISSION THE CREATION OF A TEMPORARY REBATE FACILITY FOR THE IMPORTATION OF:
“Grooved couplings, for a pipe with an outside diameter of 42 mm or more but not exceeding 324 mm, classifiable in tariff subheading 7307.11.90, in such quantities, at such times and subject to such conditions as the International Trade Administration Commission may allow by specific permit, provided the goods are not available in the SACU market”; and
“Other cast grooved couplings, for a pipe with an outside diameter of 42mm or more but not exceeding 324 mm, classifiable in tariff subheadings 7307.19.80 and 7307.19.90, in such quantities, at such times and subject to such conditions as the International Trade Administration Commission may allow by specific permit, provided the goods are not available in the SACU market”.
APPLICANT: ITAC Private Bag X753 77 Meintjies Street Sunnyside 0002
REASONS FOR THE APPLICATION: Reasons for the application includes, inter alia, the following:
Publication Period: Written representations must be submitted within four (4) weeks of the date of this notice. Enquiries: ITAC Ref: 14/2025, Enquires: Ms. Lavhelesani Mulaudzi, Mr. Lindokuhle Khawula and Mr. Njabulo Mahlalela. They can be contacted by e-mail at lmulaudzi@itac.org.za / lkhawula@itac.org.za / nmahlalela@itac.org.za.
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| LINK TO FULL NOTICE
International Trade Administration Act: Creation of a Temporary Rebate Facility for the ImportationG 54222 GeN 3803 – Comment by 27 Mar 2026 26 February 2026
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| ACTION Ensure that you submit your comments by 27 March 2026.
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END
ENVIRONMENTAL
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| LAW AND TYPE OF NOTICE
NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT:
Implementation of the Revised Biodiversity Management Plan for Pelargonium Sidoides in South Africa
G 54227 GoN 7181
27 February 2026
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| APPLIES TO: ➡ Regulators ➡ Researchers ➡ Cultivators & industry processors ➡ Traditional authorities & communities ➡ Law enforcement ➡ Environmental and biodiversity NGOs |
| FULL TEXT
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| DETAILS
CLICK HERE TO VIEW THE FULL DOCUMENT:
G 54227 GON 7181 27 FEBRUARY 2026
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| LINK TO FULL NOTICE
National Environmental Management: Biodiversity Act: Implementation of the Revised Biodiversity Management Plan for Pelargonium Sidoides in South AfricaG 54227 GoN 7181 27 February 2026
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| ACTION Take note.
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END
| LAW AND TYPE OF NOTICE
NATIONAL WATER ACT: REGULATIONS:
Use of water for exploration and production of onshore naturally occurring hydrocarbons that require stimulation and any activity incidental thereto that may impact detrimentally on water resource
G 54231 GoN 7183
27 February 2026
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| APPLIES TO: Any organisation involved in · Exploration, · Drilling, · Stimulation, · Mining, · Environmental assessment, · Water resource management, or · Disposal of drilling waste will be affected by these regulations. |
| SUMMARY Summary of the Regulations Govern how water may be used during the exploration, mining, and production of onshore hydrocarbons that require stimulation techniques such as hydraulic fracturing or underground coal gasification. Their aim is to protect South Africa’s water resources from contamination, over‑use, and environmental damage.
1. Who the Regulations Apply To The regulations apply nationwide to any organisation conducting:
No person or company may begin these activities without a water use licence.
2. Baseline Water Monitoring Requirements Before exploration or production can start, companies must prepare a Baseline Monitoring Plan that includes:
All water testing must use accredited laboratories.
3. Licensing Requirements Separate water‑use licences are required for:
Licences may be refused if the applicant has a history of non‑compliance, or if monitoring data is incomplete. Licences can also be suspended or withdrawn for:
4. Prohibited Areas Hydraulic fracturing and UCG are not allowed within:
5. Prohibited Activities The following actions are banned:
6. Engineering, Drilling, and Well Integrity Rules All wells must comply with American Petroleum Institute (API) standards and include:
Wells must be decommissioned within 180 days after final use.
7. Wastewater and Chemical Management Companies must submit:
Radioactive waste must be disposed of in line with national radioactive waste laws.
8. Disclosure Requirements Companies must publish on their website:
The information must be publicly accessible.
9. Offences and Penalties Violations—including providing false information or breaching licence conditions—can lead to:
In Short These regulations impose strict environmental, engineering, and reporting requirements on any company involved in fracking or underground gasification. Their purpose is to prevent water contamination and protect critical water resources across South Africa.
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| FULL TEXT
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| DETAILS
CLICK HERE TO VIEW THE FULL DOCUMENT
G 54231 GON 7183 27 FEBRUARY 2026
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| LINK TO FULL NOTICE
National Water Act: Regulations: Use of water for exploration and production of onshore naturally occurring hydrocarbons that require stimulation and any activity incidental thereto that may impact detrimentally on water resourceG 54231 GoN 7183 27 February 2026
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| ACTION Ensure you submit your comments in the 60 days timeframe
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END
FINANCE
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| LAW AND TYPE OF NOTICE
INCOME TAX ACT:
Determination of daily amount in respect of meals and incidental costs
G 54218 GoN 7175
27 February 2026
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| DETAILS
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| LINK TO FULL NOTICE
Income Tax Act: Determination of daily amount in respect of meals and incidental costs (English / Afrikaans)G 54218 GoN 7175 27 February 2026
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| ACTION Take note
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END
| LAW AND TYPE OF NOTICE
INCOME TAX ACT:
Determination of daily amount in respect of meals and incidental costs
G 54218 GoN 7174
27 February 2026
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| DETAILS
CLICK HERE TO VIEW THE FULL DOCUMENT
INCOME TAX ACT: DETERMINATION OF DAILY AMOUNT IN RESPECT OF MEALS AND INCIDENTAL COSTS G 54218 GON 7174 27 FEBRUARY 2026
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| LINK TO FULL NOTICE
Income Tax Act: Determination of daily amount in respect of meals and incidental costs (English / Afrikaans)G 54218 GoN 7174 27 February 2026
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| ACTION Take note and implement the necessary adjustments.
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END
| LAW AND TYPE OF NOTICE
INCOME TAX ACT:
Fixing of rate per kilometre in respect of motor vehicles
G 54228 GoN 7182
27 February 2026
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| APPLIES TO: The notice impacts any organisation with employees who use private vehicles for business travel. This includes all employers, payroll teams, accounting firms, and organisations with car‑allowance policies, because they must adopt the newly fixed SARS rate‑per‑kilometre from 1 March 2026.
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| FULL TEXT
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| DETAILS
SOUTH AFRICAN REVENUE SERVICE
NO. 7182 27 February 2026
FIXING OF RATE PER KILOMETRE IN RESPECT OF MOTOR VEHICLES FOR THE PURPOSES OF SECTION 8(1)(b)(ii) AND (iii) OF THE INCOME TAX ACT, 1962
Under section 8(1)(b)(ii) and (iii) of the Income Tax Act, 1962 (Act No. 58 of 1962), I, Enoch Godongwana, Minister of Finance, hereby determine that the rate per kilometre referred to in that section must be an amount determined in accordance with the Schedule hereto.
E GODONGWANA Minister of Finance
SCHEDULE
1. Definition In this Schedule, “value” in relation to a motor vehicle used by the recipient of an allowance as contemplated in section 8(1)(b)(ii) and (iii) of the Income Tax Act, 1962, means— (a) where that motor vehicle (not being a motor vehicle in respect of which paragraph (b)(ii) of this definition applies) was acquired by that recipient under a bona fide agreement of sale or exchange concluded by parties dealing at arm’s length, the original cost thereof to him/her, including any value-added tax but excluding any finance charge or interest payable by him/her in respect of the acquisition thereof; (b) where that motor vehicle— (i) is held by that recipient under a lease contemplated in paragraph (b) of the definition of “instalment credit agreement” in section 1 of the Value-Added Tax Act, 1991; or (ii) was held by him/her under such a lease and the ownership thereof was acquired by him/her on the termination of the lease, the cash value thereof as contemplated in the definition of “cash value” in section 1 of the Value-Added Tax Act; or (c) in any other case, the market value of that motor vehicle at the time when that recipient first obtained the vehicle or the right of use thereof, plus an amount equal to value added tax which would have been payable in respect of the purchase of the vehicle had it been purchased by the recipient at that time at a price equal to that market value.
2. Determination of rate per kilometre The rate per kilometre referred to in section 8(1)(b)(ii) and (iii) must, subject to the provisions of paragraph 4, be determined in accordance with the cost scale set out in paragraph 3, and must be the sum of— (a) the fixed cost divided by the total distance in kilometres (for both private and business purposes) shown to have been travelled in the vehicle during the year of assessment: Provided that where the vehicle has been used for business purposes during a period in that year which is less than the full period of that year, the fixed cost must be an amount which bears to the fixed cost the same ratio as the period of use for business purposes bears to 365 days; (b) where the recipient of the allowance has borne the full cost of the fuel used in the vehicle, the fuel cost; and (c) where that recipient has borne the full cost of maintaining the vehicle (including the cost of repairs, servicing, lubrication and tyres), the maintenance cost.
4. Simplified method Where— (a) the provisions of section 8(1)(b)(iii) are applicable in respect of the recipient of an allowance or advance; and (b) no other compensation in the form of a further allowance or reimbursement (other than for parking or toll fees) is payable by the employer to that recipient, that rate per kilometre is, at the option of the recipient, equal to 495 cents per kilometre.
5. Effective date The rate per kilometre determined in terms of this Schedule applies in respect of years of assessment commencing on or after 1 March 2026.
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| LINK TO FULL NOTICE
Income Tax Act: Fixing of rate per kilometre in respect of motor vehicles (English / Afrikaans)G 54228 GoN 7182 27 February 2026
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| ACTION Take note and ensure you implement the necessary adjustment.
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END
LABOUR
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| LAW AND TYPE OF NOTICE
Labour Law Amendment Bill:
Draft: Comments invited
G 54220 GeN 3801
26 February 2026
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| APPLIES TO: All Organizations
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| EXECUTIVE SUMMARY OF ALL PROPOSED AMENDMENTS
The Employment Laws Amendment Bill (affecting the BCEA, EEA, UIA and NMWA) and the Labour Relations Amendment Bill (affecting the LRA) introduce the most extensive labour‑law reforms since 2014. Broadly, the amendments modernize parental leave, expand worker definitions, strengthen enforcement, recalibrate employer obligations, and update dispute‑resolution processes. Below is a consolidated summary of the changes across all Acts.
1. MAJOR THEMES ACROSS ALL ACTS A. Modernisation of Parental Leave and UIF Benefits The BCEA and UIA are comprehensively overhauled to align with the Constitutional Court’s Van Wyk judgment. The amendments replace the old, gendered “maternity vs parental leave” model with a gender‑neutral, shared parental leave system. All parents — biological, adoptive (up to age 6), and commissioning parents — can share 4 months + 10 days of leave depending on employment status. UIF benefits now mirror this leave structure. Impact:
B. Expansion of Who Qualifies as an Employee Both the BCEA and LRA introduce expanded definitions covering “dependent contractors” — especially gig‑economy and platform-based workers. Unless an employer proves independence, the worker is presumed to be an employee for many rights. Impact:
C. Strengthened Enforcement and Compliance Powers Across the BCEA and LRA, enforcement mechanisms are tightened — particularly for unpaid wages, non-payment to benefit funds, underpayment of minimum wage, and non-compliance with CCMA compliance orders. Fines will now be paid directly to workers. Late referrals may be condoned, and employers must provide security when challenging compliance orders. Impact:
D. Improved Protection for “On‑Call / Zero‑Hour” Workers A new BCEA section regulates workers who must be available but are only paid when work is offered. Employers must specify availability, hours, notice periods, and pay for late cancellation of shifts. Secondary employment cannot be restricted without a justifiable operational reason. Impact:
E. New Small–Business Exemptions Under the LRA, new businesses with fewer than 50 employees and operating for less than two years are temporarily exempt from bargaining council collective agreements. Impact:
F. Parental, Harassment and Discrimination Claims Shift to the CCMA The EEA expands the CCMA’s jurisdiction to cover all harassment claims — not just sexual harassment. The LRA allows joinder of unfair discrimination and unfair dismissal disputes, allowing them to be resolved in one process. Impact:
G. Changes to Dismissal Procedures and Remedies The LRA introduces:
Impact:
H. National Minimum Wage Compliance Clarified Deferred or delayed payments can no longer be used to meet the national minimum wage threshold. Only cash wages for ordinary hours count. Impact:
2. SUMMARY OF IMPACTS BY STAKEHOLDER Impact on Employees
Impact on Employers
3. OVERALL EXECUTIVE VIEW Taken together, the amendments shift South Africa’s labour environment toward:
These changes significantly rebalance the employment landscape by extending protections to previously excluded categories while increasing employer obligations in scheduling, leave management, and compliance.
EACH ACT UNPACKED 1. Basic Conditions Of Employment Act (BCEA) Table 1: BCEA Proposed Amendments
2. Employment Equity Act (EEA) Table 2: EEA Proposed Amendments
3. Unemployment Insurance Act (UIA) Table 3: UIA Proposed Amendments
4. National Minimum Wage Act (NMWA) Table 4: NMWA Proposed Amendments
5. Labour Relations Act (LRA) Table 5: LRA Proposed Amendments (High-level Summary) Because this Act has ~40 amendments, the table captures the most impactful changes.
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| FULL TEXT
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| DETAILS
CLICK HERE TO VIEW THE FULL DOCUMENT
LABOUR LAW AMENDMENT BILL: DRAFT: COMMENTS INVITED G 54220 GEN 3801 26 FEBRUARY 2026
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| LINK TO FULL NOTICE
Labour Law Amendment Bill: Draft: Comments invitedG 54220 GeN 3801 26 February 2026
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| ACTION Ensure that you submit your comments timeously.
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END
LAND AND PROPERTY
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| LAW AND TYPE OF NOTICE
Deeds Registries Act:
Regulations: Amendment
G 54225 GoN 7180
27 February 2026
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| FULL TEXT
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| DETAILS
CLICK HERE TO VIEW THE FULL SCHEDULE
DEEDS REGISTRIES ACT: REGULATIONS: AMENDMENT G 54225 GON 7180 27 FEBRUARY 2026
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| LINK TO FULL NOTICE
Deeds Registries Act: Regulations: Amendment (English / Afrikaans)G 54225 GoN 7180 27 February 2026
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| ACTION 1. Implement Mandatory Pre‑Payment of Fees What changed: All prescribed deeds office fees must be paid before any service is rendered, including lodgement and registration. Actions to take
2. Introduce the New Form LLL (Statistical Land-Ownership Information) What changed: Regulation 18 now requires Form LLL to be completed for all deeds and documents pertaining to land‑related registrations. The form collects information on race, gender, citizenship and nationality of owners/transferees for land audit statistics. Actions to take
3. Align Systems and Workflows with the Electronic Deeds Registration Systems Act (e‑DRS) What changed: Amendments embed e‑DRS integration, meaning the deeds registry will increasingly use digital processes and ICT systems for preparation, lodgement, execution and records management. Actions to take
4. Review and Update Powers of Staff Handling Deeds What changed: The Act clarifies and expands powers of the Chief Registrar, deputy registrars and the Deeds Registries Regulations Board, including the addition of members from:
This affects how oversight and regulatory enforcement will occur. Actions to take
5. Introduce New Identity Verification & Documentation Controls What changed: Amendments strengthen record inspection, access rights and information that must be captured for deeds registration. Actions to take
6. Prepare for Stricter Lodgement, Registration & Audit Requirements What changed:
Actions to take
7. Educate Clients & Industry Partners Because Form LLL and upfront fee payments affect external stakeholders as well, your organisation should: Actions to take
8. Strengthen Privacy & POPIA Compliance Form LLL captures sensitive personal information not disclosed in the deed itself, but still stored by your organisation. Actions to take
9. Update Contracts, Templates & Precedents Actions to take
10. Conduct Staff Training and Internal Compliance Workshops Actions to take
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END
LEGAL
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| LAW AND TYPE OF NOTICE
RULES BOARD FOR COURTS OF LAW ACT: RULES:
Conduct of Proceedings of Magistrate’s Courts of South Africa: Amendment
G 54219 RG 11949 GoN 7178
27 February 2026
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| APPLIES TO:
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| FULL TEXT
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| DETAILS
CLICK HERE TO VIEW THE FULL DOCUMENT
G 54219 RG 11949 GoN 7178 27 February 2026
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| LINK TO FULL NOTICE
Rules Board for Courts of Law Act: Rules: Conduct of Proceedings of Magistrate’s Courts of South Africa: Amendment (English / Afrikaans)G 54219 RG 11949 GoN 7178 27 February 2026
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| ACTION 1. Update Internal Tariff Schedules & Billing Structures Why: The amendment increases tariffs—for example, the fee for claims not exceeding R10,000 moves from R203 to R771, and claims over R10,000 from R433 to R901. Actions to take:
2. Amend Litigation Workflows for Section 72 Proceedings Why: The rules clarify how the “amount of the claim” must be calculated and which disbursements may be recovered from debtors. Actions to take:
3. Train Staff on New Fee Rules and Allowable Disbursements Why: Only fees in the tariff may be charged, and prior disbursements for abortive Section 65 proceedings are allowed only if the court orders them. Actions to take:
4. Update Document Automation & Case‑Management Systems Why: New tariffs and definitions must align across case‑management software, especially for high‑volume litigation organisations. Actions to take:
5. Inform Clients & Adjust Mandates Who this affects: Credit providers, banks, retailers, medical schemes, telecom companies, employers receiving garnishee orders. Why: Clients must understand their updated cost exposure for legal recoveries. Actions to take:
6. Review Garnishee (EAO) Processes with Payroll Departments Why: The fee for issuing and executing garnishee orders has changed, impacting employers tasked with processing them. Actions to take:
7. Strengthen Court‑Filing Protocols Why: Courts will reject filings that incorrectly apply old tariffs or miscalculate claims. Actions to take:
8. Reconcile Budgeting & Forecasting for Litigation Costs Why: The fee increases materially affect high‑volume litigants (banks, telcos, retailers, municipalities). Actions to take:
9. Conduct an Internal Audit Before March 2026 Implementation Actions to take:
10. Update Policies & SOPs Why: Policies referencing old tariffs or sections must align with the new rules. Actions to take: Update internal documents such as:
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END
LIQUOR
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| LAW AND TYPE OF NOTICE
LIQUOR PRODUCTS ACT
Defining of Production Areas
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| LINK TO FULL NOTICE
Liquor Products Act: Wine of Origin Scheme: Defining of production area: Shaw’s MountainG 54218 BN 886 27 February 2026
Liquor Products Act: Wine of Origin Scheme: Defining of production area: Goukou River ValleyG 54218 BN 887 27 February 2026
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END
STANDARDS
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| LAW AND TYPE OF NOTICE
STANDARDS ACT
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| LINK TO FULL NOTICE
Standards Act: Standards matters: Comments invitedG 54218 GeN 3800 – Comment by 28 Apr 2026 27 February 2026
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END
TRANSPORTATION
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| LAW AND TYPE OF NOTICE
MERCHANT SHIPPING ACT:
Second Schedule: Amendments: Comments invited
G 54218 GoN 7176
– Comment by 27 Mar 2026
27 February 2026
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| APPLIES TO:
· Shipowners & managers · Designers & shipyards · Classification societies · Ports & terminals · Offshore operators · Passenger ship operators · Chemical/gas carriers · Nuclear material carriers · Maritime training institutions · Security companies · Marine equipment suppliers |
| EXECUTIVE SUMMARY
These amendments will align South African maritime law with the full, contemporary SOLAS framework used globally for ship safety, construction, equipment, operational standards and emergency procedures.
1. Purpose of the Amendment
The amendment replaces the old Second Schedule with an updated, comprehensive SOLAS text. This brings South Africa’s legal framework in line with current international maritime safety standards across ship design, construction, fire protection, life-saving appliances, radio communications, stability, navigation, security and pollution prevention.
2. Scope – What the New Schedule Covers
The updated Second Schedule incorporates the entire modern SOLAS structure, including:
✔ Articles I–XIII
General obligations, applicability, force majeure, carriage of persons in emergency, treaty amendments, ratification/denunciation procedures.
✔ Protocol of 1988
Survey and certification harmonization standards.
✔ SOLAS Chapters I–XV, including:
These provide the complete regulatory regime for all classes of ships operating internationally.
3. Key Technical Areas Affected
A. Ship Construction & Stability
The updated schedule includes detailed rules on:
B. Fire Safety
Fully updated SOLAS II-2:
C. Life-Saving Appliances
Updated SOLAS III requirements:
D. Radio Communications & GMDSS
Includes global distress alerting, MSI reception, coast station obligations, satellite service requirements, equipment carriage standards, and radio watchkeeping duties.
E. Safety of Navigation
Updated requirements for:
F. Carriage of Cargoes & Dangerous Goods
Mandatory codes included:
G. Ship Security (ISPS Code)
Includes:
H. Special Regimes Introduced
4. Impact of the Amendment
For Shipowners & Operators
For the South African Maritime Authority
For Industry (Cargo, Ports, Offshore)
For International Compliance
In Summary
The amendment fully modernizes the Merchant Shipping Act by replacing the Second Schedule with the complete, updated SOLAS Convention, ensuring that South African maritime law aligns with the global standard for ship safety, construction, equipment, navigation, fire protection, life-saving systems, radiocommunications, security, and special operations.
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| FULL TEXT
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| DETAILS
CLICK HERE TO VIEW THE FULL AMENDMENT
MERCHANT SHIPPING ACT: SECOND SCHEDULE: AMENDMENTS: COMMENTS INVITED G 54218 GON 7176 – COMMENT BY 27 MAR 2026 27 FEBRUARY 2026
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| LINK TO FULL NOTICE
Merchant Shipping Act: Second Schedule: Amendments: Comments invitedG 54218 GoN 7176 – Comment by 27 Mar 2026 27 February 2026
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| ACTION
Ensure that you submit your comments by 27 March 2026
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END
| LAW AND TYPE OF NOTICE
CROSS-BORDER ROAD TRANSPORT ACT:
Revised Fee Adjustments, 2026
G 54229 GeN 3807
27 February 2026
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| APPLIES TO:
Any organization involved in cross‑border road operations—whether transporting goods or passengers |
| FULL TEXT
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| DETAILS
CLICK HERE TO VIEW THE FULL SET OF REVISED FEES.
CROSS-BORDER ROAD TRANSPORT ACT: REVISED FEE ADJUSTMENTS, 2026 G 54229 GEN 3807 27 FEBRUARY 2026
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| LINK TO FULL NOTICE
Cross-Border Road Transport Act: Revised Fee Adjustments, 2026 (English / Afrikaans)G 54229 GeN 3807 27 February 2026
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| ACTION
Take note of the revised fees
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END
| LAW AND TYPE OF NOTICE
Road permits
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| LINK TO FULL NOTICE
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END
FINANCE ARTICLES
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FOODSTUFFS ARTICLES
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GAMBLING ARTICLES
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| SOUTH AFRICA |
Online gambling in South Africa banned again
The National Gambling Board (NGB) has put Provincial Licensing Authorities on notice, instructing them to crack down on companies offering online gambling services in South Africa.
“The National Gambling Board has issued a formal notice to all Provincial Licensing Authorities clarifying the regulatory status of remote gambling in South Africa,” it stated.
“The notice provides guidance on compliance obligations in respect of remote gambling infrastructure and applicable technical standards.”
Sports betting platforms in South Africa have been using their provincial gambling licences to offer online casino games like slots, roulette, and blackjack.
This was despite the National Gambling Board repeatedly warning that the only legal form of online gambling in South Africa was betting on events like sports matches and horse racing.
However, online gambling operators believe they have side-stepped the restriction by arguing that they merely offer betting on the outcomes of casino games, similar to betting on events.
This latest move from the NGB follows fierce debate after a Supreme Court of Appeal ruling, which held that bookmakers may not offer roulette games in Gauteng unless they also carry a casino licence.
According to the NGB, the judgment effectively banned online sports betting services from offering casino games through their platforms.
However, online gambling platforms have argued that the NGB was mistaken and that the scope of the ruling was limited to Gauteng and roulette games.
The NGB has held firm that interactive and remote gambling remain unlawful in South Africa, except where explicitly authorised by national legislation. For example, the NGB agrees that sports betting is legal.
It quoted the National Gambling Act definition of an interactive game, which is “a gambling game played or available to be played through the mechanism of an electronic agent accessed over the Internet”.
This is qualified as “an electronic agent… other than a game that can be accessed for play only in licensed premises, and only if the licensee of any such premises is authorised to make such a game available for play.”
According to the regulator, the Act makes the offering and playing of such interactive games illegal. It highlighted Section 11 of the law, which is titled “Unauthorised interactive gaming unlawful”.
It expressly states that “a person must not engage in or make available an interactive game except as authorised in terms of this Act or any other national law.”
Online gambling is unlawful — NGB
Lungile Dukwana, the NGB’s acting CEO, said the Act has expressly prohibited interactive gambling until a legislative framework to regulate it is developed and passed by the president.
Additionally, the board said that Remote Gambling Servers (RGS), systems designed to facilitate interactive or remote gambling, do not constitute lawful gambling systems under the current legislative framework.
In its notice to Provincial Licensing Authorities, the NGB emphasised a directive from the National Regulator for Compulsory Specifications (NRCS).
“The NGB places emphasis that the scope of technical standards that are applicable only to lawful gambling systems do not cover RGS,” it said.
“Specifically, the South African National Standard SANS 1718-4:2018 (Edition 3) applies only to Wagering and Record Keeping Systems (WRS)”.
It said the specification does not provide for the testing or certification of Remote Gambling Servers as standalone systems. The NRCS has formally directed that:
The NRCS’s directive stipulated that all its certification activities would strictly align with the National Gambling Act and the intended scope and applicability of compulsory technical standards.
Therefore, the National Gambling Board has issued a notice to Provincial Licensing Authorities advising them to:
“The NGB will monitor implementation of this notice across all provinces and will report to the Minister Trade, Industry and Competition on compliance levels, enforcement outcomes, and the broader industry impact”, said Dukwana.
By Jan Vermeulen
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HEALTH AND SAFETY ARTICLES
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| SOUTH AFRICA |
Call to keep combustibles separate in tobacco bill
Vape industry welcomes recommended distinction from noncombustible products
The department of health has recommended that parliament amend parts of the draft tobacco bill to differentiate between combustible and noncombustible products, a move that may offer some relief to the industry, which is lobbying against one-size-fits-all laws.
Parliament’s portfolio committee on health is considering the draft Tobacco Products &
Electronic Delivery Systems Control Bill, which proposes tightening restrictions on tobacco products and, for the first time, regulating e-cigarettes and other new-generation products.
Companies that sell vapes and new-generation tobacco products that are heated instead of burnt are pressing for differentiated regulation that would entail fewer restrictions being imposed on their goods.
South Africa’s vaping industry and Philip Morris, which makes noncombustible tobacco products, have been arguing that controls should be in line with the health risk posed by different products and thus strongest for cigarettes.
On Wednesday evening health deputy director general for primary healthcare, Jeanette Hunter, told parliament’s portfolio committee on health that the department is willing to differentiate combustible and non combustible products with regard to plain packaging and labelling.
The draft tobacco bill proposes introducing graphic health warnings and plain packaging for all tobacco and nicotine-containing products, including e-cigarettes.
The department also recommended a new clause be added to the bill which addresses the illicit trade in cigarettes, Hunter said. The new clause will commit the health minister to supporting efforts to eradicate the illicit trade in tobacco and related products in collaboration with other organs of state, she said.
These recommendations are in line with an agreement reached at the National Economic
Development and Labour Council (Nedlac) last year.
Vapour Products Association of South Africa CEO Asanda Gcoyi said the department’s recommended distinction between combustible and noncombustible tobacco products is welcome, but differentiation needs to be applied to the entire bill. “I think it’s good that the department of health has finally seen the scientific data for what it is and that it is not just an industry narrative as described [by the] media,” Gcoyi said.
The department has been pushing for stricter tobacco rules and regulation of new generation products for almost a decade, but the enabling legislation is only now being considered by parliament.
MPs are expected to vote on the desirability of the bill on March 11. If they give it the go-ahead, they will then begin clause-by-clause deliberation.
While many MPs have expressed reservations about specific aspects of the bill, ranging from the harshness of its proposed penalties to the risk of unintended consequences for informal traders, they are in broad agreement on the need to introduce controls for e-cigarettes, which are now unregulated.
By Tamar Kahn BusinessDay
Minister Macpherson warns of demolition after deadly Ormonde collapse
Public Works and Infrastructure Development Minister Dean Macpherson has warned that the City of Johannesburg will demolish a collapsed building in Ormonde if the company responsible fails to come forward and take accountability, as the death toll rose to nine.
Macpherson was briefing the media at the site on Tuesday afternoon.
He was joined by Gauteng Premier Panyaza Lesufi and newly appointed City of Johannesburg Deputy Mayor Loyiso Masuku.
Nine bodies have now been recovered following the resumption of search-and-rescue operations in the morning, bringing the death toll to nine. Some of the deceased were foreign nationals, including individuals believed to be from Lesotho.
Operations were suspended on Monday night after six people were confirmed dead.
Two workers had remained trapped under the rubble on Monday, while one person was initially reported missing.
All were later found deceased. Three people are recovering in hospital.
Macpherson expressed his condolences to the families of the victims and paid tribute to rescue workers.
“I also want to pay tribute to our brave rescue women and men who put their lives on the line to rescue those trapped under the rubble. They always rush into these situations, putting their safety second and the desire to save lives first,” he said.
“No words will ever be able to capture the pain of losing a loved one in such a devastating manner, particularly those who are breadwinners and working every day to support their families.
“As the government, we recognise that behind every statistic is a family. There are families whose fathers are not coming home today, and that should move us – not only in pain, but to act.”
He said his department would extend full support to the Gauteng provincial government and the city, as well as to emergency services involved in the rescue efforts.
The minister was also joined by Council for the Built Environment CEO Dr Msizi Myeza.
He said the purpose of the visit was to gain an initial understanding of the circumstances surrounding the collapse and to ensure all relevant regulatory processes were triggered without delay.
“At this stage, our focus remains on supporting family members. It would be premature and irresponsible to speculate on the causes of the collapse while families are still grieving,” he said.
However, Macpherson noted that this was the third building collapse in recent months.
“Each incident carries its own specific circumstances, but cumulatively we must understand what is behind these collapses and what more we can do as the government. We must confront whether systemic conditions are allowing these tragedies to occur. This demands a crisis response.”
He said he had briefly interacted with President Cyril Ramaphosa on Monday, who later issued a statement expressing concern.
Macpherson said the incident exposed challenges in how the built environment is regulated in South Africa, with responsibility for building control, workplace safety and professional regulation spread across multiple departments and spheres of government.
“When these systems do not operate in a fully co-ordinated manner, gaps emerge in oversight, compliance and accountability, particularly where unlawful construction occurs or buildings are occupied without approval,” he said.
He called on the construction company, New Order Inv, to come forward and take accountability.
“I want to call on the company that constructed this building to come forward and take accountability. If any member of the public knows where the owner of this company is, they should immediately contact the SAPS or local law enforcement,” he said.
He warned that if the company failed to do so, the city would be forced to demolish the structure and assess nearby buildings.
City manager Floyd Brink said the municipality would meet with building control and land inspectors to conduct an audit in the area and elsewhere.
“We have about 102 inspectors in the city, including 59 building control inspectors. In Region F, we have 15 inspectors,” Brink said.
They would report back within weeks alongside the MMC for Development Planning, Eunice Mgcina.
Masuku said no building plans had been approved by the city.
“In this particular instance, there was no application. There was no request by the builder,” she said.
She acknowledged a significant backlog in building plan approvals but said the city was working to digitise the process after relocating from the closed Metro Centre building to speed up approvals.
Earlier, City of Johannesburg divisional chief for Emergency Management Services (EMS) Freddy Morukhu said the building had not been properly constructed and could have collapsed at any time.
Emergency services received a call reporting a structural collapse and activated a specialised rescue team.
“During the assessment, two bodies were visible from outside the building. We could hear people screaming from inside, which indicated there was still life in the structure,” Morukhu said.
Three people were rescued alive and transported to hospital before recovery operations began. Six bodies were recovered by 11pm on Monday before operations were halted due to safety risks and darkness.
“The building was extremely unsafe. Because of the risks and nightfall, we suspended operations and resumed at 6am,” he said.
On Tuesday morning, three additional bodies were recovered.
“The structure was unstable. Concrete slabs and steel were scattered everywhere. We had to stabilise the building before entering. To remove victims, we had to breach concrete using pneumatic cutting tools,” Morukhu said.
Deputy Labour Minister Jomo Sibiya, who visited the site earlier on Tuesday with Johannesburg Mayor Dada Morero, attributed the collapse to non-compliance with regulations.
“What we see here is not what we should see if everyone took compliance seriously. If we complied with established laws, including labour laws, we would not be in this situation,” Sibiya said.
He said the site will be handed over to the South African Police Service (SAPS) for investigation before being transferred to the Department of Labour for a formal probe under Section 31.
A team from the Compensation Fund has been deployed to assist affected families.
Sibiya confirmed that the main contractor was registered with the relevant authorities, while two subcontractors were registered with the department and the Compensation Fund.
Sibiya said the tragedy underscored the need for stricter enforcement of regulations nationwide.
“If we fail to comply with established laws, we put workers and communities at risk. That is why we find ourselves in this unfortunate situation today,” he said.
Meanwhile, Gauteng police spokesperson Colonel Dimakatso Nevhuhulwi confirmed the police are investigating nine cases of inquest.
Simon Majadibodu IOL News
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LIQUOR ARTICLES
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- END