AGRICULTURE

Plant Improvement Act: Regulations

ENVIRONMENTAL

National Environmental Management: Air Quality Act: Amendment and Expansion of the Boundaries of the Declared Waterberg Bojanala priority area to include Kgetlengrivier Local Municipality, Moretele Local Municipality, and City of Tshwane Metropol

National Environmental Management Act: Consultation: Extend appointment of Environmental Assessment Practitioners Association of South African: Single registration authority: Comments invited

National Environmental Management: Air Quality Act: Proposed Amendments to the Listed Activities and Associated Minimum Emission Standards Identified in terms of Section 21 of the Act

National Environmental Management: Waste Act: National Policy for Management of Waste Electrical and Electronic Equipment

PROPERTY

Deeds Registries Amendment Act: Determinate of Act [English/ Afrikaans]

Steenhuisen confirms 274 foot-and-mouth disease cases in five provinces

Unpacking the UK’s new “Failure to Prevent Fraud” offence and what it means for South African organisation

Public hearings to be held on NTCSA’s application for electricity market operator licence

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One battle against South Africa’s new employment equity targets is over, but the war is just starting

DA issues fresh warning over new race quotas

Union demands Clover rehire retrenched workers

FSCA to clamp down on failing pension fund trustees

Tshwane: Property owners face penalties for neglect

AGRICULTURE

LAW AND TYPE OF NOTICE

Plant Improvement Act:

Regulations

G 53241 RG 11876 GoN 6546

29 August 2025

APPLIES TO: 

1. Agricultural Producers

• Commercial farmers growing regulated crops (e.g., grains, vegetables, fruits).
• Hemp cultivators (Cannabis sativa L.)—subject to strict permit and compliance requirements.
• Seed producers and nurseries—especially those involved in propagation and sale.

2. Seed and Plant Companies

• Seed cleaning, conditioning, and prepacking businesses
• Seed retailers and wholesalers
• Companies involved in seed certification and varietal development

3. Research and Breeding Institutions

• Plant breeders and genetic researchers
• Universities and agricultural research centers
• Organizations developing new plant varieties (especially those seeking national listing or UPOV protection)

4. Laboratories

• Seed testing labs (germination, purity, viability)
• Molecular and analytical labs (e.g., THC testing for hemp)
• DUS testing facilities (Distinctness, Uniformity, Stability)

5. Importers and Exporters

• Seed and plant import/export businesses
• Customs clearing agents (if involved in documentation only, may be exempt)
• International seed companies operating in South Africa

6. Certification Bodies and Designated Authorities

• Organizations running certification schemes (e.g., for citrus, potatoes, hemp)
• Industry associations applying for scheme designation under Section 45

7. Government and Regulatory Agencies

• Department of Agriculture, Land Reform and Rural Development
• South African Police Service (SAPS)—especially for hemp-related activities
• Inspection Services—for compliance, sampling, and enforcement

8. Smallholder and Subsistence Farmers

• Non-commercial producers—subject to exemptions but still regulated in terms of seed quantity and variety use.

SUMMED UP

1. Purpose and Authority

• Issued by the Minister of Agriculture, under Section 58 of the Plant Improvement Act.
• Aims to regulate the production, sale, import, export, and certification of plants and propagating material in South Africa.

2. Scope and Definitions

• Applies to declared kinds of plants listed in Table 1.

• Includes detailed definitions for terms like:
  • Cannabis sativa L. (hemp) – defined as low-THC plants (<2% THC).
  • Certified seed, coated seed, seed mixtures, pure seed, restricted weed seed, etc.
  • UPOV, ISTA, and other international standards referenced.

3. Hemp-Specific Regulations

• Cannabis sativa L. (hemp) requires a permit for activities such as:
  • Import/export
  • Breeding and research
  • Cultivation for seed, grain, or industrial use
  • Sale and propagation

• Permits are valid for 5 years, renewable once.
• Strict record-keeping and notification requirements apply, including reporting to SAPS and Inspection Services.

4. Registration Requirements

• Businesses and premises involved in plant propagation must be registered unless exempted.

• Exemptions include:
  • Non-commercial seed sellers
  • Nurseries selling only non-commercial varieties (excluding hemp)
  • Research and conservation facilities

• Detailed procedures for:
  • Registration, renewal, exemption, and notification of changes
  • Record-keeping for all activities

5. Sale and Certification of Plants and Seeds

• Certified seed must meet scheme requirements and be properly labelled.

• Non-certified seed must meet minimum standards for:
  • Purity
  • Germination/viability
  • Absence of pests

• Seed mixtures must be homogeneous and exclude hemp.

• Prepacked seed has specific labelling and sealing requirements.

6. Import and Export Regulations

• Imported seed must:
  • Be true to variety
  • Meet quality standards
  • Be accompanied by test reports and import authorizations

• Export requires:
  • Certification
  • THC analysis (for hemp)
  • Compliance with destination country requirements

7. Variety Registration

• Establishes a National Varietal List and Register of Varieties.

• Details procedures for:
  • Application, amendment, withdrawal, and objection
  • Denomination rules (naming of varieties)
  • Evaluation for value, cultivation, and use

• Aligns with UPOV standards and allows use of international DUS test results.

8. Certification Schemes

• Schemes may be voluntary or compulsory.

• Must include:
  • Registration of units
  • Inspection protocols
  • Quality standards
  • Labelling and sealing requirements

Operated by designated authorities under agreement with the Department.

9. Appeals and Hearings

• Procedures for:
  • Objections to variety listing
  • Appeals against decisions
  • Hearings and remuneration of appointed officials

10. Commencement and Repeal

• These regulations come into effect on 1 September 2025.
• Previous regulations under repealed Acts are officially repealed.

FULL TEXT

DETAILS

Please click on the link provided below to view the full Regulation

LINK TO FULL NOTICE

Plant Improvement Act: Regulations

G 53241 RG 11876 GoN 6546

29 August 2025

53241rg11876gon6546.pdf

ACTION

Agricultural Producers (Farmers, Hemp Growers)

• Register business and premises if involved in commercial propagation or sale.
• Obtain a hemp permit for any activity involving Cannabis sativa L. (hemp).
• Submit planting notifications to the Registrar, SAPS, and Inspection Services.
• Ensure seed and plants meet quality standards (purity, germination, pest-free).
• Label and package products correctly according to regulations.

Seed Companies and Nurseries

• Register as a seed business and premises under Section 12 of the Act.
• Maintain detailed records of seed batches, cleaning, prepacking, and sales.
• Ensure seed certification where required (especially for listed varieties).
• Comply with packaging, labelling, and sealing rules for certified and prepacked seed.
• Avoid mixing hemp seed with other varieties (strictly prohibited).

Laboratories

• Register laboratory premises and ensure qualified personnel are appointed.
• Maintain a quality management system and validated testing methods.
• Keep samples for required durations (3 months for plant material, 12 months for seed).
• Submit reports with detailed testing results to clients and the Registrar.

Importers and Exporters

• Apply for import/export permits for seed and propagating material.
• Ensure compliance with national varietal listing for imported varieties.
• Provide test reports and declarations for each consignment.
• Label imported seed correctly and present it for inspection and sampling.
• Submit export certificate applications at least 30 days before shipping.

Breeding and Research Institutions

• Apply for national listing of new varieties.
• Submit plant material for DUS testing (Distinctness, Uniformity, Stability).
• Comply with naming rules for variety denominations.
• Maintain records and submit reports as required.
• Use certified material for propagation where applicable.

Designated Authorities and Certification Bodies

• Apply for scheme establishment under Section 45.
• Operate schemes according to approved protocols (e.g., citrus, potatoes).
• Enter into agreements with the Department and maintain oversight.
• Conduct inspections and issue certificates for certified material.

Smallholder and Subsistence Farmers

• May be exempt from registration, but must:
  • Stay within seed quantity limits (Table 3).
  • Avoid commercial-scale sales.
  • Not engage in hemp cultivation without a permit.

Government and Regulatory Agencies

• Monitor compliance, conduct inspections, and enforce regulations.
• Maintain registers of businesses, premises, and varieties.
• Publish the National Varietal List Journal quarterly.
• Handle appeals, objections, and hearings as per the Act.

AVIATION

LAW AND TYPE OF NOTICE

Civil Aviation Act:

Civil Aviation Regulations 2011

G 53243 GoN 6558

29 August 2025

APPLIES TO: 

Aviation industry

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Civil Aviation Act: Civil Aviation Regulations 2011

G 53243 GoN 6558

29 August 2025

53243gon6558.pdf

ACTION

Take note of the amendments to the schedules.

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

National Environmental Management: Air Quality Act:

Amendment and Expansion of the Boundaries of the Declared Waterberg Bojanala priority area to include Kgetlengrivier Local Municipality, Moretele Local Municipality, and City of Tshwane Metropol

G 53241 RG 11876 GoN 6547

29 August 2025

APPLIES TO: 

1. Industrial Manufacturing

• Cement plants, steelworks, chemical manufacturers, and other heavy industries.
• These facilities often emit particulate matter (PM), nitrogen oxides (NOₓ), sulfur dioxide (SO₂), and volatile organic compounds (VOCs).

2. Energy and Power Generation

• Coal-fired power stations and other fossil fuel-based energy producers.
• These are major contributors to air pollution and will face stricter emission controls.

3. Mining Operations

• Particularly in Kgetlengrivier and surrounding areas.
• Dust and diesel emissions from mining activities will be scrutinized.

4. Transport and Logistics

• Freight hubs, bus depots, and logistics companies in Tshwane.
• Emissions from diesel vehicles and congestion-related pollution will be targeted.

5. Waste Management Facilities

• Landfills, incinerators, and recycling plants.
• These may need to improve emissions control and odor management.

6. Agricultural Processing

• Facilities involved in crop drying, feed production, and fertilizer use.
• Ammonia and particulate emissions may be regulated.

ORGANIZATIONS AND ENTITIES AFFECTED

Municipal Governments

• Environmental departments of the three municipalities must now enforce and monitor air quality regulations.

Local Businesses

• SMEs involved in manufacturing, transport, or energy use may need to comply with new standards.

Environmental NGOs and Advocacy Groups

• Will likely become more active in monitoring compliance and engaging communities.

Public Health Institutions

• Hospitals and clinics may be involved in tracking health impacts related to air pollution.

Educational and Research Institutions

• Universities and technical colleges may contribute to air quality research and public awareness.

SUMMED UP

Purpose of the Amendment

The Minister of Forestry, Fisheries and the Environment has amended the boundaries of the Waterberg-Bojanala Priority Area in terms of Section 18(1) of the Air Quality Act.

New Areas Included

The amendment expands the priority area to now include:

• Kgetlengrivier Local Municipality
• Moretele Local Municipality
• City of Tshwane Metropolitan Municipality

Reason for Expansion

This decision is based on:

• The need to address air quality concerns in these municipalities.
• The recognition that these areas are affected by industrial emissions, urban pollution, and regional transport of pollutants.
• The goal of improving ambient air quality and protecting public health and the environment.

Implications

• These municipalities will now be subject to priority area management plans.

• They must implement air quality improvement strategies, including:
  • Emission reduction measures
  • Monitoring and reporting
  • Stakeholder engagement

• Industries operating in these areas may face stricter emission standards and compliance requirements.

Effective Date

The amendment takes effect from the date of publication in the Government Gazette: 29 August 2025.

FULL TEXT

DETAILS

Notice can be found here –

https://saaqis.environment.gov.za/Pagesfiles/Government_Gazette_Proposed_Amendments_to_the%20Listed_Activities_and_Associated_Minimum_Emission_Standards_Identified_in_terms_of_Section_21_of_NEMAQA.pdf

LINK TO FULL NOTICE

National Environmental Management: Air Quality Act: Amendment and Expansion of the Boundaries of the Declared Waterberg Bojanala priority area to include Kgetlengrivier Local Municipality, Moretele Local Municipality, and City of Tshwane Metropol

G 53241 RG 11876 GoN 6547

29 August 2025

53241rg11876gon6547.pdf

ACTION

1. Develop and Implement Air Quality Management Plans

• Align with the existing Priority Area Air Quality Management Plan (AQMP).
• Identify local sources of pollution (e.g., industrial, vehicular, domestic).
• Set targets for emission reductions and ambient air quality improvements.

2. Establish or Strengthen Air Quality Monitoring

• Install or upgrade ambient air quality monitoring stations.
• Ensure regular data collection and reporting to the South African Air Quality Information System (SAAQIS).

3. Engage Stakeholders

• Collaborate with:
  • Local industries
  • Civil society
  • Environmental NGOs
  • Community representatives

• Promote public awareness and education on air pollution and health impacts.

4. Enforce Emission Standards

• Apply the Minimum Emission Standards for listed activities under Section 21 of the Act.
• Conduct inspections and audits of industrial facilities.
• Take enforcement actions against non-compliant entities.

5. Integrate Air Quality into Municipal Planning

• Include air quality considerations in:
  • Spatial development frameworks
  • Environmental impact assessments (EIAs)
  • Licensing and permitting processes

6. Report Progress

• Submit regular progress reports to the Department of Forestry, Fisheries and the Environment (DFFE).
• Track improvements in air quality indicators and compliance levels.

7. Capacity Building

• Train municipal officials and environmental officers on:
  • Air quality legislation
  • Monitoring technologies
  • Enforcement procedures

LAW AND TYPE OF NOTICE

National Environmental Management Act:

Consultation: Extend appointment of Environmental Assessment Practitioners Association of South African: Single registration authority: Comments invited

G 53291 GoN 6573

– Comment by 03 Oct 2025

03 September 2025

APPLIES TO: 

1.     Mining and Extractive Industries

·       Coal, gold, platinum, and other mineral mining operations.

·       Oil and gas exploration and production.

2.     Energy Sector

·       Renewable energy projects (solar, wind, hydro).

·       Power generation plants (coal, gas, nuclear).

3.     Construction and Infrastructure

·       Large-scale housing developments.

·       Roads, bridges, and transport infrastructure projects.

4.     Manufacturing and Industrial Operations

·       Factories, processing plants, and chemical industries.

5.     Agriculture and Forestry

·       Large-scale farming, irrigation schemes.

·       Commercial forestry operations.

6.     Waste Management and Recycling

·       Hazardous waste disposal facilities.

·       Landfills and recycling plants.

7.     Tourism and Real Estate Development

·       Resorts, hotels, and developments in ecologically sensitive areas.

8.     Government and Municipal Projects

·       Water treatment plants, dams, and public infrastructure.

Essentially, any organisation planning activities that could significantly impact the environment will need to work with registered Environmental Assessment Practitioners (EAPs) under EAPASA’s oversight.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Environmental Management Act: Consultation: Extend appointment of Environmental Assessment Practitioners Association of South African: Single registration authority: Comments invited

G 53291 GoN 6573

– Comment by 03 Oct 2025

03 September 2025

53291gon6573.pdf

ACTION

Ensure that you submit your comments before 03 October 2025.

LAW AND TYPE OF NOTICE

National Environmental Management: Air Quality Act:

Proposed Amendments to the Listed Activities and Associated Minimum Emission Standards Identified in terms of Section 21 of the Act

G 53241 RG 11876 GoN 6548

29 August 2025

APPLIES TO: 

1. Energy and Power Generation

• Coal-fired and gas-fired power stations
• Biomass, waste-to-energy, and other thermal energy plants

2. Petroleum and Chemicals

• Petroleum refineries
• Petrochemical plants (synthetic fuel, polymers, chemical feedstocks)
• Chemical manufacturing (fertilizers, ammonia, acids, solvents, etc.)

3. Metallurgy and Mining

• Smelters (ferrous and non-ferrous metals such as steel, aluminium, copper, zinc, lead)
• Foundries and metal casting operations
• Coke ovens and related processes
• Mineral processing operations

4. Cement, Lime, and Glass

• Cement manufacturing plants
• Lime production facilities
• Glass production factories

5. Waste Management

• Hazardous waste incinerators
• General waste treatment plants (thermal treatment, co-incineration in cement kilns, etc.)

6. Pulp, Paper, and Wood Processing

• Pulp and paper mills
• Wood product manufacturing with chemical treatment

7. Food and Agriculture (on an industrial scale)

• Sugar mills
• Large-scale animal rendering plants
• Agrochemical production facilities

8. Other Industrial Processes

• Brick and ceramics kilns
• Asphalt production plants
• Any other process involving significant combustion or release of volatile organic compounds (VOCs).

SUMMED UP

• Updates to Listed Activities

o    Certain industrial activities have been revised, with clarifications on the processes that fall within their scope. Some activities may have been reclassified or described in greater technical detail.

• Stricter Minimum Emission Standards

• • New or tighter emission limits for pollutants such as particulate matter (PM), sulphur dioxide (SO₂), nitrogen oxides (NOₓ), volatile organic compounds (VOCs), and heavy metals.
  • Specific pollutants are now regulated for industries that previously did not have explicit standards.
  • Timeframes for compliance are set out, often requiring industries to meet the new standards within a phased schedule.

• New Monitoring and Reporting Obligations

• • Industries will be required to install continuous emission monitoring systems (CEMS) for certain pollutants.
  • Regular reporting to the Department of Forestry, Fisheries and the Environment (DFFE) will become mandatory.
  • Provisions for independent verification of monitoring data are introduced.

• Technology and Control Requirements

Facilities are expected to adopt best available technology (BAT) to achieve compliance, particularly in high-impact industries such as power generation, petrochemicals, cement, and waste incineration.

• Transitional Arrangements

• • Existing plants may be given longer periods to comply compared to new plants.
  • Some activities may have staggered compliance deadlines (e.g., initial reduction targets by 2027, full compliance by 2030).

• Enforcement and Penalties

Non-compliance will trigger stricter enforcement actions under NEM:AQA, with higher penalties for exceeding emission limits.

In short, the amendments focus on tightening emission limits, expanding regulatory coverage, strengthening monitoring/reporting, and phasing in compliance obligations.

FULL TEXT

DETAILS

Click here to view and download the full document:

National Environmental Management: Air Quality Act: Proposed Amendments to the Listed Activities and Associated Minimum Emission Standards Identified in terms of Section 21 of the Act

G 53241 RG 11876 GoN 6548 29 August 2025

LINK TO FULL NOTICE

National Environmental Management: Air Quality Act: Proposed Amendments to the Listed Activities and Associated Minimum Emission Standards Identified in terms of Section 21 of the Act

G 53241 RG 11876 GoN 6548

29 August 2025

53241rg11876gon6548.pdf

ACTION

1. Compliance with New Emission Standards

• Review and align operations with the stricter pollutant limits (PM, SO₂, NOₓ, VOCs, heavy metals, etc.).
• Upgrade or retrofit emission control technologies (e.g., flue-gas desulphurisation, bag filters, electrostatic precipitators, low-NOx burners, scrubbers).
• Phase-in compliance according to transitional timelines (e.g., interim standards by 2027, full compliance by 2030).

2. Monitoring and Reporting

• Install Continuous Emission Monitoring Systems (CEMS) for prescribed pollutants where required.
• Calibrate and maintain CEMS in line with prescribed technical standards.
• Conduct periodic stack testing for pollutants not covered by CEMS.
• Submit regular emission reports to the Department of Forestry, Fisheries and the Environment (DFFE), including independent verification where applicable.

3. Permitting and Legal Compliance

• Review and update Atmospheric Emission Licences (AELs) to align with the amended listed activities and new minimum emission standards.
• Apply for licence variations or extensions if additional time is needed to comply, supported by clear justifications and action plans.
• Engage with licensing authorities early to ensure alignment with transitional provisions.

4. Operational and Technical Adjustments

• Adopt Best Available Techniques (BAT) to reduce emissions cost-effectively.
• Implement operational changes (e.g., fuel switching to lower sulphur fuels, process optimisation to reduce VOCs/NOx).
• Maintain records of operational performance, downtime, and corrective actions for audit purposes.

5. Risk and Enforcement Preparedness

• Conduct internal compliance audits to assess readiness against new standards.
• Prepare for stricter enforcement and penalties for non-compliance under NEM:AQA.
• Train staff on new compliance obligations and monitoring requirements.

In summary:

Affected industries will need to upgrade technology, tighten monitoring and reporting, amend their AELs, and implement compliance schedules to meet the stricter standards.

LAW AND TYPE OF NOTICE

National Environmental Management: Waste Act:

National Policy for Management of Waste Electrical and Electronic Equipment

G 53243 GoN 6554

29 August 2025

APPLIES TO: 

1. Electrical and Electronic Equipment (EEE) Manufacturers

• Must comply with Extended Producer Responsibility (EPR) regulations.
• Required to finance and manage the take-back, recycling, and safe disposal of their products.

2. Importers and Distributors of EEE

• Responsible for ensuring imported goods meet environmental standards.
• Must register with Producer Responsibility Organisations (PROs) and contribute to EPR schemes.

3. Retailers of EEE

• Obligated to accept returns of end-of-life products from consumers.
• Must verify that suppliers are EPR-compliant.

4. Recyclers and Waste Processors

• Must meet new Norms and Standards (N&S) for environmentally sound management.
• Subject to audits and licensing requirements.

5. Transport and Logistics Companies

• Involved in the collection and movement of WEEE.
• Must comply with hazardous waste transport regulations.

6. Technology and Renewable Energy Companies

• Solar panels, batteries, and other tech products are included in WEEE.
• Must plan for end-of-life management of products.

Organizations and Institutions Affected

1. Government Departments

• DFFE (Forestry, Fisheries and Environment): Policy custodian and enforcer.
• DTIC, DSTI, DCDT, Treasury, Health, Labour, Higher Education: Various roles in policy implementation, funding, training, and enforcement.

2. Municipalities and Provinces

• Must integrate WEEE into local waste management plans.
• Responsible for public awareness, drop-off sites, and informal sector integration.

3. Producer Responsibility Organisations (PROs)

• Coordinate EPR schemes.
• Must report, monitor, and ensure compliance across the value chain.

4. Academic and Research Institutions

• Develop training curricula and conduct research on WEEE technologies and impacts.

5. Sector Education and Training Authorities (SETAs)

• Develop and accredit training programs for WEEE management.

6. Civil Society and NGOs

• Advocate for environmental justice, monitor compliance, and support informal sector workers.

7. Informal Waste Collectors

• Must be integrated into formal systems and registered to benefit from EPR schemes.

Consumers and End-Users

• Expected to return end-of-life EEE to designated collection points.
• Encouraged to choose products from EPR-compliant producers.

SUMMED UP

Purpose and Scope

• Establishes a national policy under the National Environmental Management: Waste Act (59 of 2008).
• Aims to manage Waste Electrical and Electronic Equipment (WEEE) sustainably, safely, and inclusively.
• Applies to all categories of WEEE, including household appliances, lighting equipment, tools, medical devices, and more.

Policy Goals and Vision

• Goal: Ensure efficient, equitable, inclusive, and financially sustainable WEEE management that protects human health and the environment.
• Vision: Create a robust, integrative, and harmonised legislative framework for WEEE management in South Africa.

Six Strategic Aims

1.     Level Playing Field: Enforce Extended Producer Responsibility (EPR) and integrate informal sector participants.

2.     Collaborative Partnerships: Promote public-private partnerships and job creation, especially for youth and disadvantaged groups.

3.     Sustainable Investment: Encourage infrastructure and technology development for WEEE processing.

4.     Knowledge & Capacity Building: Develop accredited training curricula and public awareness campaigns.

5.     Legal Framework: Harmonise existing laws and introduce circular economy principles.

6.     Resource Mobilisation: Secure funding from EPR fees, government, and private sources.

Institutional Arrangements

• Establishment of a WEEE Policy Steering Committee (WEEEPSC) led by the Department of Forestry, Fisheries and the Environment (DFFE).
• Involves national, provincial, and local government, producers, recyclers, academia, NGOs, and civil society.

Key Stakeholders and Roles

• DFFE: Policy custodian, enforcement, coordination.
• PROs (Producer Responsibility Organisations): Implement EPR schemes, report, and support informal sector integration.
• Municipalities: Provide drop-off sites, raise awareness, and collaborate with PROs.
• Academia & SETAs: Develop and deliver training.
• Consumers: Responsible disposal and informed purchasing.

International Alignment

• Aligns with:
  • Basel Convention
  • Rotterdam Convention
  • Stockholm Convention
  • Montreal Protocol
  • UN Sustainable Development Goals (SDGs)

Implementation & Action Plan (I&A Plan)

• A separate document detailing:
  • Objectives
  • Outcomes
  • Stakeholders
  • Roles & Responsibilities
  • Key Performance Indicators (KPIs)
  • Budget and timelines

Monitoring, Evaluation & Dissemination

• DFFE leads monitoring using KPIs.
• Dissemination via websites, media, workshops, and educational institutions.
• Emphasis on tailored communication and stakeholder engagement.

Appendices

• Appendix 1: WEEE Policy Matrix – detailed breakdown of aims, objectives, stakeholders, and KPIs.
• References: Legal documents, research studies, and international guidelines.

FULL TEXT

DETAILS

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

LINK TO FULL NOTICE

National Environmental Management: Waste Act: National Policy for Management of Waste Electrical and Electronic Equipment

G 53243 GoN 6554

29 August 2025

53243gon6554.pdf

ACTION

Manufacturers, Importers, and Distributors of EEE

1.     Register with the DFFE and/or a Producer Responsibility Organisation (PRO).

2.     Implement Extended Producer Responsibility (EPR) schemes:

·       Finance collection, recycling, and safe disposal of products.

·       Report product volumes placed on the market.

3.     Design products for circularity:

·       Improve durability, repairability, and recyclability.

4.     Label products clearly with disposal and take-back information.

5.     Avoid “free-rider” behavior by ensuring full compliance with EPR obligations.

Retailers

1.     Accept returns of end-of-life EEE from consumers (as per the Consumer Protection Act).

2.     Verify supplier compliance with EPR regulations before stocking products.

3.     Educate consumers on proper disposal and take-back options.

PROs (Producer Responsibility Organisations)

1.     Coordinate take-back systems and ensure proper recycling.

2.     Integrate informal sector collectors into the value chain.

3.     Report regularly to DFFE on compliance, volumes, and targets.

4.     Allocate EPR funds to support policy aims (e.g., education, infrastructure).

5.     Audit recyclers and processors for compliance with Norms and Standards.

Recyclers and Waste Processors

1.     Comply with future WEEE Norms and Standards (N&S).

2.     Register with PROs and DFFE.

3.     Ensure depollution and safe handling of hazardous components.

4.     Participate in audits and pilot programs for compliance verification.

5.     Collaborate with informal collectors in supervised environments.

Transport and Logistics Providers

1.     Ensure safe transport of WEEE, especially hazardous fractions.

2.     Comply with waste transport regulations and documentation requirements.

Municipalities and Provinces

1.     Update Integrated Waste Management Plans (IWMPs) to include WEEE.

2.     Establish drop-off sites and collection infrastructure.

3.     Collaborate with PROs for public-private partnerships.

4.     Raise public awareness through campaigns and school programs.

5.     Avoid processing WEEE directly—handover to compliant recyclers.

Academia and SETAs

1.     Develop accredited training curricula for WEEE management.

2.     Conduct research on new technologies and hazardous fractions.

3.     Support informal sector upskilling and inclusion.

Informal Waste Collectors

1.     Register on the National Database to access EPR benefits.

2.     Avoid unsupervised dismantling or hazardous practices.

3.     Collaborate with formal recyclers in safe, supervised environments.

Consumers

1.     Return end-of-life EEE to designated collection points.

2.     Choose products from EPR-compliant producers.

3.     Participate in awareness campaigns and responsible consumption.

FINANCE

LAW AND TYPE OF NOTICE

National Payment System Act:

Variation Notice: Regulations

G 53241 RG 11876 GoN 6549

29 August 2025

APPLIES TO: 

1. South African Postbank SOC Limited

• The main subject of the notice.
• Must comply with stringent conditions related to card issuance, IT systems, and regulatory oversight.

2. South African Reserve Bank (SARB)

• The regulator enforcing compliance and monitoring Postbank’s role in the National Payment System (NPS).

3. South African Social Security Agency (SASSA)

• Indirectly affected due to the reliance on Postbank cards for social grant disbursements.
• Any delays or failures in card replacement could disrupt grant payments to millions of beneficiaries.

4. Department of Communications and Digital Technologies

• Previously imposed moratoriums that delayed Postbank’s IT modernization.
• Required to support Postbank’s compliance efforts.

5. Card Manufacturing & IT Service Providers

• Vendors involved in:
  • Card production (e.g., Postbank black card 2)
  • Banking switch upgrades
  • Core banking systems
  • PCI DSS compliance auditing

6. Payments Association of South Africa (PASA)

• Oversees card payment clearing house operations.
• Must approve certain BIN-related actions and decommissioning processes.

7. Social Grant Beneficiaries

• Especially those using SASSA gold cards.
• Their access to grants depends on successful card migration and system integrity.

8. Retailers & Financial Institutions

• Accept Postbank-issued cards for transactions.
• May experience disruptions if card replacements or fraud mitigation measures are delayed.

SUMMED UP

Purpose of the Notice

To extend and vary the conditions under which Postbank operates as a Designated Clearing System Participant (DCSP) under the National Payment System Act 78 of 1998.

Background

• Postbank was designated as a DCSP in November 2020.
• Due to non-compliance with initial conditions, SARB issued three previous variation notices (2021, 2022, 2023).
• Delays were caused by moratoriums on IT projects and supplier appointments.
• Postbank requested a fourth extension in March 2025, citing incomplete replacement of SASSA gold cards.

Fourth Variation Highlights

• SARB grants Postbank a 15-month extension from 29 August 2025 to comply with all conditions.
• The extension is aimed at ensuring continuity of social grant payments and stability of the national payment system.

New Conditions Imposed

Postbank must:

1. Key Management & PCI DSS Compliance

• Implement secure key management processes.
• Appoint an independent auditor and allow SARB observers.
• Provide bi-weekly assurance reports to SARB.

2. Card Replacement Process

• Generate new secure keys and BINs for Postbank black card 2.
• Replace remaining SASSA gold cards.

3. Ringfencing & Decommissioning

• Maintain current BINs until migration is complete.
• Replace lost/stolen cards only under strict conditions.
• Decommission old BINs per industry standards.

4. SASSA Gold Card Management

• Keep BINs open until all beneficiaries are migrated.
• Ensure sufficient card collection sites and public awareness campaigns.

5. New Business Offerings

• Allowed only if unrelated to card business and compliant with designation conditions.

6. Monitoring & Reporting

• SARB will monitor progress and may take action (e.g., transfer DCSP business) if conditions are not met.
• Monthly progress reports signed by key Postbank executives are required.

 7. Amendments to Previous Notices

• Specific paragraphs in the Third Variation Notice are amended to strengthen reporting and oversight.

Consequences of Non-Compliance

Failure to meet all conditions within the 15-month period may result in revocation of Postbank’s DCSP designation.

FULL TEXT

DETAILS

SOUTH AFRICAN RESERVE BANK

NO. R. 6549 29 August 2025

VARIATION NOTICE

Variation by the Governor of the South African Reserve Bank in terms of section 6(3)(b) of the National Payment System Act 78 of 1998, as amended: Fourth variation of the conditions of the designation of the South African Postbank SOC Limited as a designated clearing system participant

1. Introduction

1.1. The South African Reserve Bank (SARB) is empowered to vary or revoke any designation of a clearing system participant in terms of the National Payment System Act 78 of 1998, as amended (NPS Act). In accordance with section 6(3)(b) of the NPS Act, the SARB may vary or revoke any designation by:

1.1.1 amending or revoking any condition to which the designation is subject; or

1.1.2 making the designation subject to a new condition or new conditions.

1.2. Section 6(3)(c) of the NPS Act states that, in determining whether or not to vary or revoke a designation, the SARB may have regard to any or all of the following:

1.2.1 any failure to comply with any condition to which the designation is subject;

1.2.2 whether or not the designated clearing system participant (DCSP) has knowingly furnished information or documents which are false or misleading in any material respect to the SARB in connection with the designation;

1.2.3 whether it is in the public interest to revoke the designation; and

1.2.4 any other matters that the SARB considers appropriate.

2. Background to the variation of the conditions of the designation

2.1 Designation Notice: In November 2020, the SARB designated the South African Postbank SOC Limited (Postbank) as a DCSP in terms of section 6(3)(a) of the NPS Act. The designation was published in Regulation Gazette No.11200 of Government Gazette No. 43914 dated 20 November 2020 (Designation Notice).

2.2 Variation Notice: Following the designation, the SARB engaged with the Postbank regarding its non-compliance with the conditions set out in the Designation Notice. To remedy the non-compliance, the SARB issued a notice published in Regulation No. 1606 of Government Gazette No. 45645 dated 17 December 2021 to vary the conditions of the Designation Notice of the Postbank as a DCSP. As a result, additional conditions were imposed, which the Postbank was required to implement within 12 months from the gazetting of the Variation Notice (i.e. by 17 December 2022).

2.3 Second Variation Notice: On 14 October 2022, the Postbank wrote to the SARB requesting an extension of 15 months, commencing on 17 December 2022, to implement the conditions of the Variation Notice. The request was prompted by the challenges experienced by the Postbank in implementing the conditions of the Variation Notice due to the moratorium imposed by the Department of Communications and Digital Technologies on the Information Technology (IT) Modernisation/Refresh Project (project), which delayed the finalisation of the procurement and appointment of a service provider for the project. The lifting of the moratorium in June 2022 enabled the Postbank to finalise the procurement, appoint a service provider and initiate the project.

The Postbank provided the SARB with a comprehensive progress update in respect of the implementation of the conditions imposed in the Variation Notice. However, due to the time that had lapsed between the gazetting of the Variation Notice and the lifting of the moratorium, the Postbank was not able to complete the project and be compliant with all the conditions outlined in the Variation Notice by the set deadline of 17 December 2022. As a result, the SARB issued the Second Variation Notice (Regulation No. 2883 of Government Gazette No. 47765 dated 23 December 2022), extending the compliance date of the Variation Notice by 12 months to 17 December 2023, to enable the Postbank to comply with the remaining conditions.

2.4 Third Variation Notice: On 10 November 2023, the Postbank wrote to the SARB requesting an extension of the Second Variation Notice deadline from 17 December 2023 to 31 March 2025. The letter included a progress/status update on compliance with the Second Variation Notice. The request to extend the deadline was due to the moratorium outlined in 2.3 above –

regarding recruitment and the appointment of other critical suppliers within the IT environment, including the appointment of a card scheme, a compliant banking switch and core banking system, a compliant disaster recovery capability and card manufacturer − not being lifted until October 2022. As a result, the Postbank only commenced sourcing these other critical IT suppliers and recruiting resources for the project after October 2022. The sourcing of IT suppliers, appointment of a card scheme, upgrading of the banking switch to align with Europay, Mastercard and Visa practices and the Payment Card Industry Data Security Standard, and the core banking system was only concluded in March 2023. As a result, the SARB issued the Third Variation Notice (Notice 2253 of 2023 of Government Gazette No. 49891 dated 14 December 2023), extending the Variation Notice compliance date by 15 months to 31 March 2025, to enable the Postbank to comply with the remaining conditions of the Variation Notice and Second Variation Notice.

3. Background to the Fourth Variation Notice

3.1 Prior to the compliance deadline of 31 March 2025, the Postbank notified the SARB on 26 March 2025 that approximately one million South African Social Security Agency (SASSA) gold cards still needed to be replaced with the new Postbank black cards. Consequently, the Postbank indicated that it would not be able to meet the compliance deadline. The SARB engaged with the Postbank both prior to and following the compliance date to discuss and agree on the way forward. These engagements were aimed at ensuring that SASSA beneficiaries would continue to receive their social grants and at mitigating any potential disruptions to the national payment system (NPS).

3.2 On 22 May 2025, the Postbank wrote to the SARB requesting an extension of 15 months to meet the conditions of the Designation Notice, the Variation Notice as well as the Second and Third Variation Notices.

4. Variation

4.1 The SARB, as the regulator of the NPS, hereby grants the Postbank an extension to comply with the conditions of the Designation Notice, Variation Notice, Second Variation Notice and Third Variation Notice on the following basis:

4.1.1 The SARB notes the efforts and progress that the Postbank has made in implementing the conditions of the Designation Notice, Variation Notice, Second Variation Notice and Third Variation Notice.

4.1.2 The engagement between the Postbank and the SARB on progress and developments is ongoing.

4.1.3 A failure to grant the extension could negatively impact SASSA gold cardholders and/or Postbank black cardholders.

4.2 In view of the above, the extension would be in the best interest of the safety, integrity, effectiveness and efficiency of the NPS, as well as public interest.

4.3 Therefore, I, Mr E L Kganyago, Governor of the SARB, hereby, with effect from the date of publication in the Government Gazette:

4.3.1 vary the conditions for the Postbank as a DCSP in terms of section 6(3)(b) of the NPS Act, by adding the conditions listed under 5.1 below.

5. Variation conditions

5.1 The following additional conditions must be implemented within 15 months of the publication of this Fourth Variation Notice in the Government Gazette, wherein the Postbank must:

5.1.1 Key management processes for future Postbank cards and bank identification numbers

5.1.1.1 Implement necessary measures to achieve and maintain compliance with the relevant Payment Card Industry Data Security Standard (PCI DSS) requirements.

5.1.1.2 Appoint an independent and qualified auditor as a witness to all key ceremonies.

5.1.1.3 Provide the auditor’s credentials to the SARB for approval prior to the appointment of the said auditor.

5.1.1.4 Ensure that the approved auditor provides written assurance to the SARB on Postbank’s key management processes every two weeks and until such time that the SARB is comfortable with the evidence provided.

5.1.1.5 Appoint any SARB-nominated representative as an observer to attend all key ceremonies and related meetings.

5.1.1.6 Confirm and provide evidence in accordance with the PCI DSS requirements applicable to the Payments Association of South Africa (PASA) Card Payment Clearing House Participant Group that the relevant key management processes are fully embedded into Postbank’s key management procedures.

5.1.2 Generation of new secure card keys for the replacement of the remaining SASSA gold cards with the Postbank black card 2

5.1.2.1 Generate a new security key in a secure environment while strictly following the relevant card security standards in line with the PCI DSS requirements.

5.1.2.2 Load the new security key onto all relevant hardware that is used for the reissuance of cards.

5.1.2.3 Create and use a new bank identification number (BIN) for issuing the new Postbank black card 2.

5.1.2.4 Replace the remaining SASSA gold cards with the Postbank black card 2.

5.1.3 Ringfencing existing Postbank black cards

5.1.3.1 Keep the current Postbank black card BIN (40233700) open until all ringfenced cards (remaining SASSA gold cards) have either expired or have been migrated to the new Postbank black card 2 BIN.

5.1.3.2 Decommission the Postbank black card BIN in line with industry best practice and subject to approval by the relevant PASA Card Payment Clearing House Participant Group and the SARB.

5.1.3.3 Use the current Postbank black cards in stock only for the replacement of lost

or stolen Postbank black cards and for the purpose set out in 5.1.4.3 below.

The Postbank must implement sufficient measures to verify that each replacement of a black card is due to either a lost or stolen card, and not for any other reason. Additionally, the Postbank is required to submit a consolidated detailed report on these replacements to the SARB on a weekly basis. The replacement of lost or stolen Postbank black cards with other Postbank black cards in stock must immediately cease when the Postbank black card 2 is available for issuing.

5.1.3.4 Immediately replace the current Postbank black cards in circulation with the Postbank black card 2 in the event of any fraud committed and, upon investigation by a suitably qualified auditor or subject matter expert appointed by the SARB, the root cause of such fraud is identified as having stemmed from a key compromise.

5.1.4 Existing SASSA gold cards

5.1.4.1 Maintain and keep the SASSA gold card BIN open until such time that all ringfenced SASSA gold cardholders have been issued with the Postbank black card 2.

5.1.4.2 Ensure that there are sufficient card replacement sites available for the collection of the Postbank black card 2 and promptly implement extensive marketing and communications interventions across all provinces, with a specific focus on critical areas as identified by SASSA, to ensure that impacted SASSA beneficiaries are well informed about the ongoing card reissuance process.

5.1.4.3 Allow SASSA gold cardholders whose cards were lost or stolen before the availability of the Postbank black card 2, to replace the lost or stolen card with a Postbank black card to ensure access to their grant payouts. However, these cards must be replaced with the Postbank black card 2 once available.

5.1.4.4 Implement the necessary measures to ensure that the validity of the Postbank black card is shortened to accommodate for the migration of the Postbank black card to the Postbank black card 2.

5.1.5 New business offerings and new clients outside of the designated clearing system participant conditions

5.1.5.1 Offer any new business offerings subject to the conditions of the designation and variation notices. The Postbank may offer new business offerings to new and existing clients provided they are unrelated to its card business.

5.1.6 Monitoring of the designation and variation notices

5.1.6.1 Allow and provide the necessary information to the SARB to monitor the implementation of the designation and all variation notices, including this Variation Notice. If the SARB, as part of monitoring the progress relating to the compliance with the Designation Notice, determines that all the conditions set out in the Designation Notice and variation notices will not be met within 15 months from gazetting the Fourth Variation Notice, it will decide on the necessary mitigation actions, which may include the transfer of the DCSP business of Postbank to another clearing system participant.

5.1.7 Amend the conditions of the Third Variation Notice

5.1.7.1 The following paragraphs of the Third Variation Notice are amended as follows:

a) Paragraph 3.3.1.b: is substituted with “by amending condition 4.1.11 in the Variation Notice as follows: submit monthly progress and status reports (reports) signed by the Postbank’s Chief Executive Officer, Chief Information Officer and Chief Audit Executive on the implementation of the Designation Notice and Variation Notice to the SARB within the first week of each month. Meetings will be convened at the discretion of the SARB to discuss the progress reports as and when necessary.”

b) Paragraph 3.3.1.d is substituted with: “The Postbank shall procure written undertakings from the Postbank Board of Directors (Board) and the Minister of Communications and Digital Technologies (Minister) in favour of the SARB within 90 calendar days after the publication of this notice to the effect that the Board and the Minister will support and facilitate the fulfilment of the abovementioned conditions.

5.2 Failure by Postbank to implement all the above conditions within the 15- month period following the date of publication of this Variation Notice in the Government Gazette may result in the revocation of Postbank’s designation as a DCSP in terms of section 6(3)(b) of the NPS Act.

5.3 The conditions listed in the Designation Notice, Variation Notice as well as the Second Variation Notice, Third Variation Notice and Fourth Variation Notice, including the extension deadline in 5.1 above, apply exclusively to the designation of the Postbank and may be varied or revoked, and new conditions may be imposed, by the SARB by way of a notice in the Government Gazette.

Signed at Pretoria on this ………… day of August 2025.

E L Kganyago

Governor

LINK TO FULL NOTICE

National Payment System Act: Variation Notice: Regulations

G 53241 RG 11876 GoN 6549

29 August 2025

53241rg11876gon6549.pdf

ACTION

South African Postbank SOC Limited

Primary Responsibilities:

• Card Security & Compliance:
  • Implement PCI DSS-compliant key management processes.
  • Appoint an independent auditor and allow SARB observers.
  • Provide bi-weekly assurance reports to SARB.

• Card Replacement:
  • Generate new secure keys and BINs for Postbank black card 2.
  • Replace remaining SASSA gold cards.
  • Maintain and manage BINs for current and new cards.

• Reporting & Oversight:
  • Submit monthly progress reports signed by key executives.
  • Provide weekly reports on lost/stolen card replacements.
  • Facilitate SARB monitoring and provide requested information.

• Stakeholder Engagement:
  • Obtain written undertakings from the Postbank Board and the Minister of Communications and Digital Technologies to support compliance.

South African Reserve Bank (SARB)

Regulatory Actions:

• Monitor Postbank’s compliance with all designation and variation conditions.
• Review bi-weekly and monthly reports.
• Attend key ceremonies and meetings as observers.
• Decide on mitigation actions if Postbank fails to comply (e.g., transfer DCSP business).

South African Social Security Agency (SASSA)

Supportive Actions:

• Identify critical areas for card replacement outreach.
• Collaborate with Postbank on communication strategies.
• Ensure beneficiaries are informed and supported during card migration.

Department of Communications and Digital Technologies

Governance Actions:

• Provide formal support for Postbank’s compliance efforts.
• Lift moratoriums that hinder IT modernization.
• Facilitate procurement and supplier appointments.

Payments Association of South Africa (PASA)

Oversight Actions:

• Approve BIN decommissioning and transitions.
• Ensure compliance with card payment clearing house standards.

IT Vendors & Card Manufacturers

Operational Actions:

• Deliver secure card production and system upgrades.
• Ensure compliance with PCI DSS and SARB requirements.
• Support Postbank in implementing secure infrastructure.

Retailers & Financial Institutions

Indirect Actions:

• Prepare for potential disruptions during card transitions.
• Ensure systems accept new Postbank black card 2 BINs.

LABOUR

LAW AND TYPE OF NOTICE

Labour Relations Act: Bargaining Council Agreements

LINK TO FULL NOTICE

Labour Relations Act: Regulations: Bargaining Council for Civil Engineering Industry (BCCEI): Extension of Period of Operation of the Wage and Task Grade Collective Agreement to Non-Parties

G 53255 RG 11880 GoN 6564

29 August 2025

53282rg11880gon6564.pdf

Labour Relations Act: Bargaining Council for Civil Engineering Industry: Extension of period of Operation of Conditions of Employment Collective Agreement to Non-Parties

G 53245 GoN 6561

29 August 2025

53245gon6561.pdf

MEDICAL

LAW AND TYPE OF NOTICE

Parliamentary and Provincial Medical Aid Scheme Amendment Bill: Draft:

Private Member’s Bill: Comments invited

G 53243 GeN 3463

– Comment by 29 Sep 2025

29 August 2025

APPLIES TO: 

Parliamentary Structures

• Members of the National Assembly
• Members of the National Council of Provinces

Executive Leadership

• The Deputy President
• Ministers

Judiciary

• Judges of the Supreme Court of Appeal
• Judges of the High Court of South Africa

Provincial Legislatures

• Members of provincial legislatures (who previously fell under PARMED).

The Parmed Medical Aid Scheme (PARMED) itself

• As an organisation, PARMED will be directly impacted because membership will no longer be compulsory, potentially reducing its member base and financial contributions.

SUMMED UP

Purpose of the Bill

• To amend the Parliamentary and Provincial Medical Aid Scheme Act, 1975.
• The key change is replacing compulsory membership of the Parmed Medical Aid Scheme (PARMED) with voluntary membership.

Key Proposed Changes

1.     Voluntary Membership

o   Members of Parliament, judges, ministers, and other specified office bearers may choosewhether to join PARMED or not.

o   They may instead join another medical aid scheme or use public healthcare.

2.     Updated Terminology

o   Outdated terms (e.g., “Senate” replaced with “National Council of Provinces”) are corrected.

o   References to old legislation (e.g., Medical Schemes Act, 1967) are updated to the current Medical Schemes Act, 1998.

3.     Salary Deductions

o   Contributions to PARMED will only be deducted from salaries of those who elect to remain members.

4.     Transitional Arrangements

o   Current members can give one month’s written notice to terminate their membership.

o   Any valid claims submitted before cancellation will still be honoured.

o   Salary deductions stop once membership ends.

5.     Amendment of Long Title of the Act

o   The long title is updated to reflect the shift from compulsory to voluntary membership.

Motivation for the Bill

• PARMED is expensive and imposes heavy salary deductions.
• The scheme is exclusive to MPs and certain office bearers, which is viewed as unfair.
• A “one-size-fits-all” approach does not meet members’ diverse family and healthcare needs.
• Voluntary membership will ensure choice, affordability, and fairness.

Other Notes

• No financial implications for the State.
• The Bill is processed under section 75 of the Constitution (ordinary bills not affecting provinces).
• No consultation with the National House of Traditional and Khoi-San Leaders is required.

The Bill will allow MPs, judges, ministers, and other specified office bearers to opt out of PARMED and choose their own medical aid (or none), making membership voluntary instead of compulsory.

FULL TEXT

DETAILS

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

NO. 3463 29 August 2025

DR TEBOGO KGOSIETSILE SOLOMON LETLAPE, MP

NOTICE OF INTENTION TO INTRODUCE A PRIVATE MEMBER’S BILL AND INVITATION FOR COMMENT ON THE DRAFT PARLIAMENTARY AND PROVINCIAL MEDICAL AID SCHEME AMENDMENT BILL, 2025 NOTICE OF INTENTION TO INTRODUCE A PRIVATE MEMBER’S BILL AND INVITATION FOR COMMENT ON THE DRAFT PARLIAMENTARY AND PROVINCIAL MEDICAL AID SCHEME AMENDMENT BILL, 2025

Dr Tebogo Kgosietsile Solomon Letlape, MP, acting in accordance with section 73(2) of the Constitution of the Republic of South Africa, 1996 (“Constitution”), intends to introduce the Parliamentary and Provincial Medical Aid Scheme Amendment Bill, 2025 (“draft Bill”), in Parliament. An explanatory summary of the draft Bill is hereby published in accordance with Rule 276(1)(c) of the Rules of the National Assembly (9th Edition).

The draft Bill seeks to amend the Parliamentary and Provincial Medical Aid Scheme Act, 1975 (Act No. 28 of 1975) (“principal Act”), so as to substitute compulsory membership of the Parmed Medical Aid Scheme (“PARMED”) with voluntary membership.

The escalating costs of PARMED are a significant concern, as the substantial deductions from the salaries of PARMED members, to cover medical aid contributions, place a financial burden on such members. PARMED’s one-size-fits-all approach fails to accommodate the diverse needs of its members, who have varying family sizes and healthcare requirements. This lack of flexibility results in inconsistencies and reinforces the argument that a single, compulsory scheme cannot effectively cater to all members, yet they have no alternative but compulsory contributions to PARMED.

These factors collectively highlight the necessity of legislative amendments to address these shortcomings, ensuring greater fairness, affordability, and choice in the provision of medical services for affected PARMED members.

The draft Bill therefore seeks to amend the principal Act by—

(a) substituting compulsory membership of the PARMED with voluntary membership;

(b) substituting certain outdated terminology;

(c) ensuring that deductions for contributions to PARMED are only made from the salaries of persons who have elected to be members of PARMED;

(d) providing for transitional arrangements; and

(e) providing for matters connected therewith.

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

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

Bill can be accessed here – Medical Aid Scheme (PARMED) Amendment Bill 

LINK TO FULL NOTICE

Parliamentary and Provincial Medical Aid Scheme Amendment Bill: Draft: Private Member’s Bill: Comments invited

G 53243 GeN 3463

– Comment by 29 Sep 2025

29 August 2025

53243gen3463.pdf

ACTION

Ensure that you submit your comments by 29 September 2025.

LAW AND TYPE OF NOTICE

Allied Health Professions Act:

Allied Health Professions Council of South Africa: Deregistration of Practitioners/Therapists

G 53243 BN 828

29 August 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Allied Health Professions Act: Allied Health Professions Council of South Africa: Deregistration of Practitioners/Therapists

G 53243 BN 828

29 August 2025

53243bn828.pdf

PETROLEUM

LAW AND TYPE OF NOTICE

Petroleum Products Act: Price Adjustments

LINK TO FULL NOTICE

Petroleum Products Act: Regulations: Amendment

G 53282 RG 11881 GoN 6568

02 September 2025

53282rg11881gon6568.pdf

Petroleum Products Act: Maximum retail price for liquefied petroleum gas

G 53282 RG 11881 GoN 6569

02 September 2025

53282rg11881gon6569.pdf

Petroleum Products Act: Regulations: Single maximum national retail price for Illuminating Paraffin

G 53282 RG 11881 GoN 6567

02 September 2025

53282rg11881gon6567.pdf

PROPERTY

LAW AND TYPE OF NOTICE

Deeds Registries Amendment Act:

Determinate of Act [English/ Afrikaans]

G 53274 P 286

01 September 2025

APPLIES TO: 

1. Government and Regulatory Bodies

• Deeds Registries Offices across South Africa
• Department of Agriculture, Land Reform and Rural Development (as the overseeing body)
• Surveyor-General’s Offices (where cadastral data links with deeds information)

2. Legal and Professional Services

• Conveyancers and property attorneys (responsible for preparing and lodging deeds and transfers)
• Notaries (dealing with notarial deeds and agreements)
• Estate administrators (handling deceased estate property transfers)

3. Property and Real Estate Sector

• Real estate agencies and developers (property development, sales, and transfers)
• Banks and financial institutions (mortgage bonds, registrations, cancellations)
• Property management companies

4. Broader Stakeholders

• Homeowners and landowners (whose property rights are recorded in the deeds registry)
• Businesses acquiring or selling immovable property
• Municipalities (as landowners and beneficiaries of updated registry information)

FULL TEXT

DETAILS

Applicable Sections

3.    Amendment of section 3 of Act 47 of 1937, as amended by section 14 of Act 50 of 1956, section 2 of Act 43 of 1957, section 2 of Act 43 of 1962, section 2 of Act 87 of 1965, section 1 of Act 41 of 1977, section 1 of Act 92 of 1978, section 1 of Act 44 of 1980, section 3 of Act 27 of 1982, section 28 of Act 88 of 1984, section 2 of Act 14 of 1993, section 9 of Act 122 of 1993, section 68 of Act 67 of 1995, section 1 of Act 11 of 1996, section 110 of Act 28 of 2002; section 53 of Act 24 of 2003, section 46 of Act 11 of 2004, section 1 of Act 5 of 2006 and section 2 of Act 12 of 2010.

Section 3 of the principal Act is hereby amended—

(a) by the insertion in subsection (1) after paragraph (c) of the following paragraphs—

“(c)bis record, in compliance with the requirements of any law, land tenure rights lawfully issued by Government or any other competent authority, and record the amendment and cancellation thereof;

(c)ter register, in compliance with the requirements of any law, the conversion of land tenure rights to another form of land tenure right, including ownership;”;

HOW SECTION WILL NOW READ

3.    Duties of registrar.

(1)   The registrar shall, subject to the provisions of this Act—

(a) take charge of and, except as provided in subsection (2) or (3), preserve or cause to be preserved all records which were prior to the commencement of this Act, or may become after such commencement, records of any deeds registry in respect of which he has been appointed: Provided that the registrar may destroy or otherwise dispose of any record as prescribed which has been cancelled in terms of this subsection or any record in connection with a caveat that has expired in terms of section 17 (3), 18B or 127A of the Insolvency Act, 1936 (Act No. 24 of 1936);

[Para. (a) amended by s. 1 (a) of Act No. 41 of 1977 and substituted by s. 9 of Act No. 122 of 1993.]

(b) examine all deeds or other documents submitted to him for execution or registration, and after examination reject any such deed or other document the execution or registration of which is not permitted by this Act or by any other law, or to the execution or registration of which any other valid objection exists: Provided that such deed or document need not be examined in its entirety before being rejected;

(c) register grants or leases of land lawfully issued by the Government or grants issued by any other competent authority, and register amendments, renewals and cancellations of such leases, and releases of any part of the property leased;

(c)bis

record, in compliance with the requirements of any law, land tenure rights lawfully issued by Government or any other competent authority, and record the amendment and cancellation thereof;

(Commencement – 01 September 2025)

(c)ter

register, in compliance with the requirements of any law, the conversion of land tenure rights to another form of land tenure right, including ownership;

(Commencement – 01 September 2025)

6.    Amendment of section 10 of Act 47 of 1937, as amended by section 5 of Act 43 of 1957, section 5 of Act 43 of 1962, section 4 of Act 87 of 1965, section 4 of Act 3 of 1972, section 2 of Act 92 of 1978, section 5 of Act 27 of 1982, section 3 of Act 62 of 1984, section 5 of Act 14 of 1993, section 3 of Act 170 of 1993, section 68 of Act 67 of 1995 and section 1 of Act 11 of 2000.

Section 10 of the principal Act is hereby amended—

(a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words—

“The Minister may, upon recommendation of the deeds registries regulations board, make regulations prescribing—”;

(b) by the insertion in subsection (1) after paragraph (q) of the following paragraph—

“(q)bis

the form of applications, consents, certificates, registers and other documents which shall be used in connection with the recordal of land tenure rights lawfully issued in terms of the provisions of any law;”;

(Para. (b) date of commencement to be proclaimed.)

HOW SECTION WILL NOW READ

10.   Regulations

(1)  The Minister may, upon recommendation of the deeds registries regulations board, make regulations prescribing—

(a). . . . . .

[Para. (a) deleted by s. 2 (a) of Act No. 92 of 1978.]

(b)the fees of office (if any) to be charged in respect of any act, matter or thing required or permitted to be done in or in relation to a deeds registry, including any report made to the court by the registrar in terms of this Act and the manner in which the payment of fees may be enforced, which may include the suspension of lodgement facilities for deeds or any other document by any person in default of payment of such fees;

[Para. (b) substituted by s. 1 of Act No. 11 of 2000.]

(c). . . . . .

[Para. (c) deleted by s. 3 (a) of Act No. 170 of 1993.]

(d)the manner and form in which and the qualifications of the person by whom any deed or other document required or permitted to be lodged, registered or filed in any deeds registry shall be prepared, lodged, executed, registered, filed or delivered and the time within which any deed shall be executed;

[Para. (d) amended by s. 5 (a) of Act No. 43 of 1962.]

(e). . . . . .

[Para. (e) deleted by s. 2 (a) of Act No. 92 of 1978.]

(f)the particular documents which, when produced in a deeds registry, shall be attested or witnessed, and the manner in which any such document shall be attested or witnessed;

(g)the divisions, districts or other areas within the area served by any deeds registry, which shall be adopted in numbering for the purposes of registration, the farms or other pieces of land situate therein;

(h)the method according to which farms or other pieces of land in any such division, district or other area shall be numbered;

(i). . . . . .

[Para. (i) deleted by s. 2 (a) of Act No. 92 of 1978.]

(j)the manner and form in which the identity of persons shall be established;

[Para. (j) substituted by s. 2 (b) of Act No. 92 of 1978.]

(k)the conditions upon which conveyancers, land surveyors and other persons may conduct any search in a deeds registry, and the precautions which shall be taken to ensure preservation of the records from damage by improper handling or otherwise;

[Para. (k) amended by s. 5 of Act No. 43 of 1957.]

(l). . . . . .

[Para. (l) deleted by s. 2 (a) of Act No. 92 of 1978.]

(m)the conditions under which copies of deeds and other documents registered in a deeds registry may be issued for judicial purposes, or purposes of information or in substitution of deeds or other documents which have been lost, destroyed, defaced or damaged and the conditions under which extracts from registers or from any documents registered or filed in a deeds registry may be furnished;

(n)the manner and form in which consent shall be signified to any cancellation, cession, part payment, release or amendment of or other registrable transaction affecting any bond or other document registered in a deeds registry;

(o)the conditions under which a copy of a power of attorney may be accepted by a registrar in lieu of the original;

(p)the forms of deeds which shall be used in circumstances not provided for in this Act;

(q)the form of applications, deeds and registers which shall be used in connection with the registration of a right of leasehold, of initial ownership contemplated in section 62 of the Development Facilitation Act, 1995, and any other real right in respect of land held under such right of leasehold or initial ownership;

[Para. (q) amended by s. 5 (b) of Act No. 43 of 1962, deleted by s. 2 (a) of Act No. 92 of 1978, inserted by s. 3 of Act No. 62 of 1984 and substituted by s. 5 (a) of Act No. 14 of 1993 and by s. 68 of Act No. 67 of 1995.]

(q)bis

the form of applications, consents, certificates, registers and other documents which shall be used in connection with the recordal of land tenure rights lawfully issued in terms of the provisions of any law;

(Pending amendment: Para. (q)bis to be inserted by s. 6 (b) of Act No. 20 of 2024 with effect from a date to be determined by the President by proclamation in the Gazette – date not determined.)

(Commencement 01 September 2025)

12.    Amendment of section 102 of Act 47 of 1937, as amended by section 12 of Act 3 of 1972, section 22 of Act 27 of 1982, section 9 of Act 62 of 1984, section 4 of Act 75 of 1987, section 7 of Act 3 of 1988, section 6 of Act 24 of 1989, section 32 of Act 113 of 1991, section 22 of Act 14 of 1993, section 74 of Act 120 of 1993, section 68 of Act 67 of 1995, section 9 of Act 11 of 1996, section 10 of Act 11 of 1996, Proclamation R9 of 31 January 1997, section 10 of Act 93 of 1998, section 2 of Act 9 of 2003, section 53 of Act 24 of 2003, section 46 of Act 11 of 2004, section 6 of Act 12 of 2010 and section 7 of Act 34 of 2013.

Section 102 of the principal Act is hereby amended—

(a) by the insertion before the definition of “conveyancer” of the following definition—

“ ‘attorney’ means, in relation to a document, an attorney as defined in the Legal Practice Act and includes in respect of transactions with State Land, an attorney as defined in the Legal Practice Act in the employ of the Department of Agriculture, Land Reform and Rural Development;”;

HOW THE SECTION WILL NOW READ

102.   Definitions

(1)  In this Act unless inconsistent with the context—

“attorney” means, in relation to a document, an attorney as defined in the Legal Practice Act and includes in respect of transactions with State Land, an attorney as defined in the Legal Practice Act in the employ of the Department of Agriculture, Land Reform and Rural Development;

(Commencement 01 September 2025)

13.    Amendment of Act 19 of 2019.

The Electronic Deeds Registration Systems Act is hereby amended to the extent set out in the Schedule.

(S. 13 date of commencement to be proclaimed.)

HOW SECTION WILL NOW READ

SCHEDULE AMENDMENT OF ELECTRONIC DEEDS REGISTRATION SYSTEMS ACT, 2019 (ACT NO. 19 OF 2019)

(Section 13)

LINK TO FULL NOTICE

Deeds Registries Amendment Act: Determinate of Act [English/ Afrikaans]

G 53274 P 286

01 September 2025

53274pr286.pdf

ACTION

1. Deeds Registries Offices (Government)

• Update internal systems and processes to align with the amended provisions.
• Train staff on the new legislative requirements and workflows.
• Update forms, templates, and lodgement requirements to reflect the amended Act.
• Implement compliance checks to ensure all deeds lodged after 1 September 2025 meet the new standards.

2. Conveyancers and Legal Practitioners

• Review the amended sections and adjust conveyancing practices accordingly.
• Update precedents, agreements, and deeds documents to comply with new legal wording and requirements.
• Advise clients (buyers, sellers, banks, developers) about the implications of the amendments.
• Ensure all lodgements post-commencement comply with the amended Act to avoid rejection at the deeds office.

3. Banks and Financial Institutions

• Amend mortgage bond templates to ensure they align with new deed requirements.
• Update internal compliance policies for registration and cancellation of bonds.
• Coordinate with conveyancers to ensure all security documents are in the correct form for lodgement.

4. Property Developers and Real Estate Sector

• Factor in potential procedural changes and timelines when planning developments and property sales.
• Engage conveyancers early to confirm that new registrations (e.g., sectional titles, township establishment transfers) comply with the updated rules.

5. Municipalities and Landowners

• Align municipal land transactions with the new deed requirements.
• Update property records in collaboration with deeds offices where necessary.

6. Parmed Stakeholders (Individuals and Estates)

• Estate practitioners (administrators, executors, trustees) must ensure that deceased estate transfers comply with the new provisions.
• Landowners completing transfers after 1 September 2025 must ensure all documentation reflects the amended Act.

PUBLIC SECTOR

LAW AND TYPE OF NOTICE

Public Service Act: Amendment of Schedule 2 to the Act: Free State Province (English/ isiZulu)

G 53246 P 284

29 August 2025

DETAILS

LINK TO FULL NOTICE

Public Service Act: Amendment of Schedule 2 to the Act: Free State Province (English/ isiZulu)

G 53246 P 284

29 August 2025

53246pr284.pdf

AGRICULTURE ARTICLES

SOUTH AFRICA

Steenhuisen confirms 274 foot-and-mouth disease cases in five provinces

Agriculture Minister John Steenhuisen. (Delwyn Verasamy/ M&G)

South Africa is battling 274 cases of foot-and-mouth disease (FMD) in KwaZulu-Natal, Gauteng, the Free State, North West and Mpumalanga, Agriculture Minister John Steenhuisen has confirmed.

Steenhuisen told a media briefing on Monday that the department was implementing “critical interventions and measures to turn the tide against persistent foot-and-mouth disease outbreaks in provinces”.

He said the outbreaks had far-reaching consequences for farmers who are affected by both the disease and the control measures imposed to contain it.

This comes as South Africa seeks to diversify from local consumption of its red meat to exploring export markets in the European Union, China, Japan and the Middle East.

Concurrently, officials said the agriculture department was ready to redirect the country’s citrus elsewhere if producers could not export to the United States market because of the 30% tariff imposed by President Donald Trump.

In November, Steenhuisen reached a deal to export citrus and beef to China pending phytosanitary and biosecurity requirements for FMD and two protocols for the export of greasy wool and dairy products.

The department said its agricultural products have already passed stringent European Union requirements and it should not be a problem to enter other markets once bilateral trade agreements are finalised at a diplomatic level.

Steenhuisen noted progress in some provinces with regard to the battle to contain foot-and-mouth disease.

“I am pleased to report that the outbreaks which afflicted the Eastern Cape in 2024 have not resurfaced in 2025. The last outbreak in the Eastern Cape occurred in September 2024,” he said.

After extensive surveillance, the disease management area was lifted on 4 July. But farms in the Humansdorp and East London areas remain under quarantine while final testing is carried out.

In Limpopo, all outbreaks were resolved in August 2023 and the disease management area was lifted in July. Both the Northern Cape and Western Cape remain disease free.

Steenhuisen said the government had procured 900 000 doses of vaccine from the Botswana Vaccine Institute at a cost of R72 million.

“The first 500 000 doses arrived in June and were used to vaccinate cattle in KwaZulu-Natal, Mpumalanga, Limpopo, Gauteng, North West and Free State,” he said. “Just over a week ago, we received the remaining 400 000 doses, of which 50 000 are already distributed.”

The remaining doses will go to areas experiencing outbreaks.

KwaZulu-Natal accounts for 180 of the 274 active outbreaks, with cases spreading west into Dundee, Dannhauser, Newcastle, Alfred Duma, Okhahlamba, uMshwathi, eDumbe and eMadlangeni.

The virus spread to Mpumalanga through a February livestock auction, with further outbreaks confirmed in Gauteng, the Free State and North West. Current figures are: Gauteng 54 outbreaks, North West 26, Mpumalanga nine, and Free State five.

Investigations suggest both farm-to-farm spread and “pinpoint” introductions from livestock movements where isolation protocols were ignored.

Last month the agriculture department and the Agricultural Research Council (ARC) convened a strategic gathering of more than 400 representatives from the government, academia and the industry, which concluded that existing approaches were fragmented and poorly enforced.

Recommendations included revising control zones; expanding sampling and diagnostics; scaling up domestic vaccine production; enforcing livestock identification and traceability and adopting a pathway to gradually regain foot-and-mouth disease-free status.

A mid-scale vaccine facility capable of producing 150 000 to 200 000 doses a year is scheduled for commissioning in March 2026.

Steenhuisen stressed that compliance with biosecurity measures was non-negotiable.

Reports of farmers moving infected cattle or treating them privately without reporting were “deeply concerning and irresponsible”, he said. “These actions not only contravene legal directives but risk entrenching FMD as endemic in South Africa.”

He urged livestock farmers to cooperate with veterinary officials, report suspected cases immediately and refrain from moving animals showing symptoms.

“Biosecurity is everyone’s responsibility. Only through collective discipline and cooperation can we turn the tide and secure the future of South Africa’s livestock industry.”

Steenhuisen rejected claims by the Red Meat Producers Organisation that foot-and-mouth disease was “out of control”.

“But I also want to dispel the notion that it’s government is going around with the back end of FMD spreading this disease around the country. It’s people in the sector that are moving animals outside of the protocols, and selling animals outside of the protocols,” he said.

He urged the industry to propose solutions instead of “pointing fingers”, adding that successful containment in the Eastern Cape showed the value of cooperation.

The ARC expects to begin producing vaccines in the first quarter of 2026.

“We also see a huge opportunity to become the vaccine supplier of choice on the African continent, if we’re able to get the vaccines, which cover sets one, two, and three, to be available, produced, and out for market,” Steenhuisen said.

He added that the treasury would need to prioritise funding for vaccine facilities in the coming budget given the “huge economic potential” for domestic revenue and regional trade.

By Nkateko Joseph Mabasa

Mail & Guardian

FINANCE ARTICLES

SOUTH AFRICA

Unpacking the UK’s new “Failure to Prevent Fraud” offence and what it means for South African organisations

A new corporate criminal offence of ‘failure to prevent fraud’ came into effect in the United Kingdom on 1 September 2025. The new offence is found in section 199 of the Economic Crime and Corporate Transparency Act, 2023 (“ECCTA”). Although ECCTA was passed in October 2023, the commencement date of the new offence was postponed until 1 September 2025 to allow the Home Office time to prepare its guidance on the offence (the “Guidance”), and for organisations to prepare for the new offence by updating their fraud prevention frameworks to the extent required.

The new offence is similar in form to the ‘failure to prevent bribery’ offence found in section 7 of the UK Bribery Act, being a strict liability offence. In other words, the prosecution will not need to prove that the directors or senior managers of the company concerned ordered or knew about the fraud. As with the failure to prevent bribery offence, the new offence is coupled with a statutory defence. Although, unlike the section 7 ‘adequate procedures’ defence, the test for section 199 is whether, at the time the fraud offence was committed (i) the relevant body had such prevention procedures as it was reasonable in all the circumstances to expect the body to have in place; or (ii) it was not reasonable in all the circumstances to expect the body to have any prevention procedures in place.

The prevention procedures referred to in the statutory defence are procedures designed to prevent persons associated with the body from committing fraud offences. The ‘fraud offences’ for purposes of the new offence, which are numerous, are listed in Schedule 13 of ECCTA and include, amongst others, fraud by false representation and fraud by false accounting, each as defined in the relevant underlying statute.

Given the onerous nature of strict liability offences, ECCTA has provided for a few key scope limitations:

• First, the offence only applies to ‘relevant bodies’ who are ‘large organisations’.
• Second, the fraudulent conduct concerned must have been committed by a person associated with the body (such as an employee) intending to benefit (directly or indirectly) either the body itself, or any person to whom, or to whose subsidiary undertaking, the associate provides services on behalf of the relevant body. No offence will be committed if the body was, or was intended to be, a victim of the fraud offence.
• Third, no offence will be committed where the body had in place reasonable prevention procedures (or it was unreasonable to expect it to have such procedures).

The above limitations are discussed hereunder.

Who does the new offence apply to?

The offence applies to ‘relevant bodies’ who are large organisations. For purposes of section 199, relevant bodies are bodies corporate or partnerships, wherever they are incorporated or formed, and large organisations are those relevant bodies which satisfy any two or more of the following conditions in the financial year preceding the fraud offence committed:

• Turnover is more than GBP 36 million (~ZAR 856,225,440)
• Balance sheet total is more than GBP 18 million (~ZAR 428,112,720)
• Number of employees is more than 250

According to the Guidance, the above criteria apply to the whole organisation, including subsidiaries, regardless of where the organisation is headquartered or where its subsidiaries are located.

In respect of territorial application, the offence will only apply where the associated persons commit a fraud offence under the law of part of the UK – in other words a UK nexus is required. The Guidance clarifies that this UK nexus will exist where:

• part of the underlying fraud offence took place in the UK; or
• the gain or loss occurred in the UK.

This is important for non-UK companies to consider, as they are not excluded from the ambit of the offence merely because they are not registered, or present in the UK. If non-UK companies have employees in the UK, or the victims of the fraud are based in the UK, the new offence will apply to them even though the company itself has no other UK link. Liability could therefore occur, for example, where an employee fraudulently misrepresents the company’s financial performance in order to secure additional funding from UK investors.

Given the scope of possible application of the new offence, and the extent of the various fraud offences which may give rise to liability for companies, it is critically important – perhaps even more so than in respect of the failure to prevent bribery offence – for companies to ensure they have reasonable prevention procedures in place.

The reasonable fraud prevention procedures defence

Like the failure to prevent bribery offence, the Guidance adopts a six principles approach to the assess fraud prevention frameworks. Whilst the Guidance itself is not binding, aligning procedures with its recommendations is best practice . The six principles which should inform a fraud prevention framework are as follows:

1.     Top-level commitment – visible, active and unequivocal tone-from-the-top that fraud in any form is unacceptable.

2.     Risk assessment – dynamic identification and evaluation of where, how and by whom fraud might be perpetrated for the organisation’s benefit.

3.     Proportionate procedures – controls/procedures tailored to the nature, scale and complexity of the organisation and the fraud risks it faces.

4.     Due diligence – risk-based vetting and ongoing monitoring of employees, agents, subsidiaries and high-risk third parties.

5.     Communication & training – clear policies, contractual obligations and targeted training to embed a culture of integrity and empower staff to raise concerns (this also includes ensuring that the organisation has appropriate whistleblowing arrangements).

6.     Monitoring & review – regular testing, data analytics, whistle-blowing mechanisms and lessons-learned to ensure the programme remains effective and evolves with the risk landscape.

Conclusion

The new failure to prevent fraud offence represents a significant expansion of the UK’s corporate criminal landscape and is anticipated to be relied upon with enthusiasm by the UK’s prosecutorial bodies, including the Serious Fraud Office. Given the scope of application of the new offence beyond just UK companies, it is vital important that companies, including those in South Africa and other jurisdictions, assess their potential exposure and review fraud prevention frameworks accordingly.

From experience, many fraud prevention programmes focus on fraud committed against the organisation by its employees, but do not focus on the risk of fraud committed for the company’s benefit. Fraud prevention programmes of this nature will not be sufficient for purposes of reliance on the statutory defence discussed above.

Adrian Roux, Steven Powell and Timon Prins

ENSafrica

ELECTRICITY ARTICLES

SOUTH AFRICA

Public hearings to be held on NTCSA’s application for electricity market operator licence

A public hearing into the National Transmission Company South Africa’s (NTCSA’s) application for a market operator licence will be hosted by the National Energy Regulator of South Africa (Nersa) on September 30.

The licensing of the NTCSA as the independent market operator is viewed as a key milestone for the launch of the South African Wholesale Electricity Market (SAWEM), which has been tentatively set for April next year.

Another important milestone will be the approval of the Market Code, which is expected to be submitted to Nersa for its approval after a final consultation session to be held on the draft Market Code, which is set to take place on September 11.

The launch of the SAWEM itself is viewed as another step in the creation of a competitive electricity market in line with the Electricity Regulation Amendment Act, which came into force earlier this year.

Although full competition is unlikely at its inception, the launch of SAWEM is anticipated to reinforce the structural transition under way. This, from an industry structure hitherto dominated by Eskom and a vertically integrated industry structure to one that progressively opens to include generation competition, and the participation of aggregators and traders.

These structural changes also hinge on the unbundling of Eskom’s generation, transmission and distribution entities into separate businesses and progress here is reportedly uneven, with only the NTCSA currently operating with its own board and executive team.

However, the NTCSA remains a subsidiary of Eskom Holdings and there is some uncertainty over whether the transmission assets will be transferred to the NTCSA as it emerges as the independent Transmission System Operator envisaged in legislation.

Nevertheless, preparations for the launch of the SAWEM are continuing, and a SAWEM School has been set up to expose future participants to day-ahead and intra-day trading and the market-balancing components.

Graduation from the SAWEM School has also been made mandatory for participation in the market once it is launched.

In a statement, Nersa confirmed that it received the NTCSA application for a market operator licence on July 25 and that the licence was required in addition to the transmission, trading and import/export licences already approved in favour of the NTCSA.

“If approved, this licence will empower the NTCSA to operate the future electricity trading platform, ensuring its administration is conducted fairly and transparently,” Nersa said.

The deadline for the submission of comments and objections has been set as September 22 and the hearing is scheduled to take place virtually between 9:30 and 13:00 on Monday, September 30.

The closing date for registration to participate in the public hearing is September 25, at 16:30.

The hearings come as Nersa is also moving to finalise rules for traders by November and amid heightened scrutiny of the regulator, following its acknowledgement that it made errors in the calculation of Eskom’s most recent three-year tariff application.

After Eskom approached the courts to have the decision reviewed, Nersa and Eskom entered into settlement negotiations, which were concluded behind closed doors and in the absence of public hearings.

On August 28, Nersa confirmed a settlement amount of R54-billion and announced that Eskom’s electricity tariffs would rise as a result by 8.76% on April 1 next year instead of the 5.36% approved previously, and by 8.83% instead of 6.19% in 2027/28.

Terence Creamer

Polity.org

Business urges Nersa to reopen tariff hike process

SA’s biggest companies are imploring the National Energy Regulator of SA (Nersa) to reopen the current three-year electricity tariff process to prevent enormous and unpredictable increases in the years to come, reports News24.

The Energy Intensive User Group (EIUG) is fuming about the secret out-of-court settlement between Eskom and Nersa. The effect of the settlement is that Eskom is entitled to recoup a further R54bn over the next three years in tariff increases that are higher than those previously determined in the multiyear price determination for the financial years 2026, 2027 and 2028 (MYPD6).

In terms of the MYPD6, tariffs increased by 12.74% this year, and would have been followed by more modest increases of 5.4% and 6.2% in 2027 and 2028. Because of the settlement, those hikes will increase to 8.8% in both years. Fanele Mondi, CEO of the EIUG, said it was understood that the ship had sailed for this year’s increase, and it was also too late to stop the increase starting in April 2026 (the 2027 financial year).

That said, the EIUG wants the 2027 increase kept at the original 5.4%, and that the 2028 hike (starting in April 2027) be reconsidered. In addition, it prefers that increases to recoup the R54bn be phased in over three to five years, starting in April 2027.

The group is also asking for a ‘price path that is more predictable and stable’. The EIUG represents large miners and manufacturers, including Impala Platinum, Kumba Iron Ore, Anglo American, Mondi, Samancor, Sasol, and Hulamin. Members account for over 40% of the electricity energy consumed in SA, contribute over 20% to the GDP, and employ over 650 000 people. Business Leadership SA CEO Busisiwe Mavuso has also called the system ‘flawed’ and in need of an overhaul, while AfriForum is considering legal action about the settlement itself.

Full News24 report

LABOUR ARTICLES

SOUTH AFRICA

One battle against South Africa’s new employment equity targets is over, but the war is just starting

Business lobby group Sakeliga and the National Employers Association of South Africa (Neasa) say they will appeal directly to the Constitutional Court to try and stop the government from implementing Employment Equity targets in South Africa.

This follows a loss in the Pretoria High Court this week, where the urgent bid to interdict the implementation of the policy from 1 September 2025 was dismissed.

“We will appeal directly to the Constitutional Court to set aside a deeply flawed judgment by the Pretoria High Court,” the groups said, adding that they will pursue “further countermeasures”.

“We will not stop until this harmful and unjustified state intervention is reversed or rendered moot.”

The groups had attempted to interdict and suspend the implementation of the sectoral numerical targets issued by the Minister of Employment and Labour under section 15A of the Employment Equity Act (EEA).

The targets, pronounced by the minister in April 2025, set the racial and demographic targets that businesses with over 50 employees would have to work towards over the next five years.

This is in a bid to make workforces in South Africa more demographically representative along racial and gender lines, as well as factoring in disability.

Sakeliga and Neasa have been pushing back against the laws, arguing that they are impossible to achieve without directly and intentionally disrupting business operations, while also characterising the targets as racial quotas.

Its legal action was presented in two parts, Part A and Part B.

The High Court dismissed Part A of the case, which sought to interdict the implementation of the laws, stating that the minister had already exercised her powers under the Act back in April, and that an interdict now would be like trying to unscramble an egg.

The judgement also found that the regulations were published with the required consultation process, and that the targets themselves were not arbitrary, being based on Statistics SA data and advice from the Commission for Employment Equity.

Part B of the case, challenging the constitutionality of the EEA and seeking to have parts of it set aside, is proceeding.

The Department of Employment and Labour welcomed the court ruling, saying that it affirmed “the legality and procedural integrity of the Employment Equity Regulations”.

It said that the regulations are designed to promote equitable representation across all sectors of the economy.

“The judgment is a significant affirmation of the department’s commitment to fostering inclusive and fair labour practices in South Africa,” it said.

Taking it to the ConCourt

According to Sakeliga, the groups will appeal directly to the Constitutional Court to set aside the High Court’s decision and grant the interdict requested in Part A of the application.

The lobby group argued that the High Court ruling erred by “not appreciating the constitutional nature of the matter” and not considering the unlawfulness of the regulations.

For procedural reasons, the direct appeal will be supplemented with a parallel appeal to the Supreme Court of Appeal, it said.

While it pursues legal action, it said it would be working with Neasa to assist employers with “maximising resistence and minimising the harm of the regulations”.

This will be a multi-year effort, it said, repeating that implementing the laws is impossible.

“No serious businesses anywhere can be expected to run their hiring off a government spreadsheet,” Sakeliga said.

“The roughly 50% quotas for men and women, regardless of their differences, are obviously impossible to meet, and the racial quotas are even more far-fetched and disruptive to businesses, workplace harmony, and staff relations.”

Despite the legal proceedings, the department warned employers that the reporting period for the 2025 EE submissions will open on 1 September 2025 and close on 15 January 2026.

Legal experts have advised employers to proceed on the basis that the 15 April 2025 targets are valid and binding unless and until set aside on review.

BusinessTech

DA issues fresh warning over new race quotas

The DA has condemned the new employment equity reporting regulations which came into effect. It says businesses need to be free to grow and create jobs, rather than being forced to implement divisive, race-based quotas on behalf of the Ministry of Employment & Labour.

It says it is confident its court challenge will stop the ‘social engineering experiment’ in its tracks and achieve transformation through inclusive growth. ‘While other court challenges have taken issue with the regulations, the strength of the DA’s court case lies in the Employment Equity Amendment Act’s violation of section nine of the Constitution, which prohibits unfair discrimination,’ said party spokesperson Michael Bagraim.

Business lobby group Sakeliga and the National Employers Association of SA (Neasa) say they will appeal directly to the Constitutional Court to try stop the government from implementing Employment Equity targets. This follows a loss in the Gauteng High Court (Pretoria) last week, where the urgent bid to interdict the implementation of the policy from today was dismissed. The groups had attempted to interdict and suspend the implementation of the sectoral numerical targets issued by Employment & Labour Minister Nomakhosazana Meth under section 15A of the Employment Equity Act.

The targets, pronounced by the Minister in April 2025, set the racial and demographic targets that businesses with over 50 employees would have to work towards over the next five years.

This is in a bid to make workforces in SA more demographically representative along racial and gender lines, as well as factoring in disability.

The DA says Meth’s new rigid quotas do not take into account the realities of individual firms, nor do they consider that South Africans want to be employed because of their skills and talents, not because of their race. ‘We have already made it clear that we oppose any attempts to introduce a race register by stealth, in our oversights to the Deeds Office. The regulations set up businesses to face penalties that will bankrupt them if they don’t comply. But complying with the quotas will make it impossible for anyone who doesn’t fit the Minister’s target to keep a job,’ Bagraim added.

DA statement

Union demands Clover rehire retrenched workers

The General Industries Workers Union of SA (Giwusa) has called on dairy company Clover to resume negotiations that could result in about 700 workers retrenched in 2021 being reinstated, reports BusinessLIVE.

The workers were retrenched when Clover was taken over by the Milco consortium, led by Central Bottling Company. Clover was subsequently delisted from the JSE after the takeover. Giwusa and the Food and Allied Workers Union (Fawu), both affiliates of the SA Federation of Trade Unions, fought the restructuring, approached the courts and embarked on protracted strikes. Giwusa president Mametlwe Sebei said yesterday they wanted the ‘immediate and unconditional reinstatement of all workers dismissed during the Milco restructuring’.

The other demands include the nationalisation of Clover under workers’ and community control, the reopening of all five closed factories to resuscitate local economies. and a radical reduction of the working week with no loss of pay to create thousands of new jobs for the unemployed youth in the townships and communities devastated by their closures. In a letter to Fawu and Giwusa dated 1 September , Bernalene Adams, the head of HR at Clover, acknowledged a meeting held by parties in August, saying the company believed ‘it would be appropriate for the parties to allow the judicial process to take its course and therefore cannot engage now on the re-employment of the employees retrenched during its restructuring in 2021/22’. ‘Once these matters have been finalised by the courts and/or withdrawn by the unions, the company will be able to review its stance and consider the way forward accordingly.’

Full BusinessLIVE report

PENSION FUND ARTICLES

SOUTH AFRICA

FSCA to clamp down on failing pension fund trustees

Almost 800 trustees face action over failure to complete mandatory training.

South Africa’s retirement fund trustees are under mounting pressure, with the Financial Sector Conduct Authority (FSCA) and Pension Funds Adjudicator warning that failure to complete training and honour fiduciary duties will not be tolerated.

At the recent Institute of Retirement Funds Africa (Irfa) conference in Cape Town, the FSCA and the Pension Funds Adjudicator, which oversees complaints from retirement fund members, presented industry statistics, emerging trends, and new enforcement measures – not only for trustees but also for pension fund administrators and employers.

Zareena Camroodien, head of fund governance and trustee conduct at the FSCA, said the regulator is concerned by the significant number of trustees who have yet to complete their compulsory training, which must be done within six months of appointment.

She said nearly 20% of trustees in active funds are non-compliant. The FSCA has identified 1 252 non-compliant trustees. Just over 450 of these applied for exemption and/or an extension, but the FSCA will soon take action against the remaining 798.

Arrear contributions

Both Camroodien and deputy pension funds adjudicator Naheem Essop reiterated their concerns about employers who do not pay employees’ retirement contributions over to the fund.

In January, more than R5 billion in contributions were outstanding, with an estimated 7 700 employers behind on payments to members’ retirement funds. Essop said it is the fiduciary duty of trustees to enforce the collection of retirement fund contributions from employers.

A total of 82% of the adjudicator’s 10 331 complaints received during the 2025 financial year, related to non-payment of withdrawals or delayed withdrawals – often as a consequence of arrear contributions.

Essop warned that trustees will be held accountable from now on, especially in cases where companies cease to exist, leaving retirement fund members without their contributions.

Camroodien stressed that under the Conduct of Financial Institutions (Cofi) Bill, expected to be promulgated in 2026, employers will fall under the remit of the FSCA, over and above administrators and trustees.

In addition, the Government Employees Pension Fund (GEPF), with nearly R3 trillion in assets under management, will also fall under the FSCA, which will allow for closer supervision of governance and data integrity.

Another matter that the FSCA will closely monitor is retirement fund expenses, Camroodien said. “There will be a greater focus on administrative and investment expenses which have a negative impact on outcomes for retirement fund members.”

Fund consolidation

The new regulatory landscape comes amid an environment of increased fund consolidation.

Camroodien said the number of active retirement funds dropped from 1 329 in January to 858 by August 2025, as hundreds of funds applied for cancellation.

She stressed that this does not mean there are fewer retirement fund members. “It signals that consolidation is happening in our [retirement] space.”

Michelle Acton, executive of retirement reform at Old Mutual, said in a presentation on industry trends at the conference that the “path of consolidation” in South Africa’s retirement fund industry over the past year has been positive, but emphasised that more work still needs to be done.

Lessons from Australia

She highlighted how Australia’s retirement fund industry has undergone significant consolidation.

The consolidation was driven by the introduction of a “scale test” to determine whether a fund was large enough to run effectively, along with a performance test.

“Every fund is required to submit and publish a performance statement showing the net benefit to members. If a fund fails, it must inform all members directly,” Acton noted.

When the system was first introduced, there were around 4 000 funds. Today, that number has been reduced to fewer than 80.

These measures created a level of transparency “second to none” in terms of investments, costs, and expenses, she added.

Another key reform in Australia was the professionalisation of trustees, which transformed what was once a voluntary role into a full-time job.

Australia also implemented legislation for automatic enrolment in retirement savings, with employers who do not contribute facing heavy fines.

Liesl Peyper

Moneyweb

PROPERTY ARTICLES

SOUTH AFRICA

Tshwane: Property owners face penalties for neglect

Tshwane property owners risk losing their properties if they are found to be neglecting their buildings, allowing derelict structures, or harbouring illegal occupants.

This is according to the proposed Problem Building and Property Management By-Law, recently passed by the Tshwane council, aimed at tackling urban decay and revitalising the inner-city.

According to the proposed by-law, property owners found guilty of transgressing municipal by-laws could face severe penalties, including forced evacuation, eviction, demolition, or even expropriation of the property if it poses a threat to public health and safety.

The proposed by-law will undergo a public participation process, soliciting views from various stakeholders.

ANC councillor Joel Masilela said the by-law seeks to streamline enforcement efforts and promote shared responsibility for effective property management.

“The by-law promotes community safety by making property owners accountable for their properties, deterring crime, waste issues, and ensuring public safety,” he said.

DA councillor Pogiso Mthimunye highlighted the need for an institutional mechanism to address derelict and problematic buildings in Tshwane, particularly in the inner-city.

According to him, while the DA acknowledges the need to tackle problem buildings, they cannot support a by-law that “may lead to infringing on the rights of property owners”.

“This by-law provides for entry into buildings without warrants, it opens up property owners to intimidation and to abuse. The by-law provides powers to municipal officials to unilaterally declare buildings as problem buildings and provide only a seven-day timeframe for owners’ representation against this,” he said.

EFF councillor Boitumelo Rasweswe said the by-law is critical in addressing the city’s pressing issues, including dilapidated and hijacked buildings, abandoned properties, and unpaid rates and taxes.

“The proposed by-law clearly defines the responsibility of property owners and empowers authorised officials to take court action to declare problem buildings or expropriate non-compliant properties,” she said.

Freedom Front Plus councillor Johann van der Spuy cautioned that the proposed by-law might be exploited for abuse, mismanagement, and favouritism towards well-connected individuals.

“This by-law allows politicians and officials to declare properties as problem buildings, which can be demolished, evacuated, and even expropriated, sometimes without a court order,” he said.

Kholofelo Morodi, member of the Mayoral Committee for Corporate and Shared Services, said the by-law provides the legal backbone to hold property owners accountable for derelict and unlawfully occupied buildings.

She said the by-law authorises urgent interventions such as evacuations, evictions, demolitions, and even expropriations of properties that threaten public health and safety.

“This by-law is a turning point in our fight against problem buildings. For too long, residents have suffered under the burden of unsafe, abandoned, and hijacked properties. We are restoring order, safety, and dignity to communities, while holding negligent property owners accountable,” she said.

Rapula Moatshe

Star Early Edition