AGRICULTURE

Agricultural Pests Act: New control measures and definitions, including buffer zones and permit requirements for plant movement. Key pests like Drosophila suzukii and Clavibacter michiganensis are regulated.

Sorghum Standards: New grading, packing, and labeling regulations for sorghum products, effective from 30 May 2026.

CONSTRUCTION

• Social Facilitation Framework: A draft Integrated Framework for Social Facilitation (ISFF) was released for comment (due by 20 June 2025). It aims to embed community engagement in infrastructure projects.
• Fees and Charges: Updated fee schedule for the Project and Construction Management Professions Act.

ENERGY AND PETROLEUM

• NERSA Rules on Wheeling: New rules for third-party energy wheeling, promoting renewable energy and fair access to the grid.
• Net-Billing Rules: Prosumers (e.g., solar users) can now export excess electricity to the grid under regulated tariffs.
• Nuclear Regulator Act: Expanded powers for the regulator, including oversight of radiation exposure for aircrew and military-to-civilian nuclear transitions.

HEALTH AND SAFETY

• Mine Health and Safety Act: New regulations for shafts and winders, including safety devices, training, and recordkeeping.

STANDARDS

• Legal Metrology Act: Updated tariffs for verification, calibration, and certification services.

MEDICAL

• NHI Governance Regulations: Draft regulations for the governance of the National Health Insurance Fund are open for comment until 2 September 2025.
• COIDA Tariffs: Annual increase in medical tariffs for private hospitals.

• Competition: The Competition Commission approved the acquisition of Barloworld by a consortium, marking a major shift in South African industrial ownership.
• Data Protection: Cameroon enacted its first comprehensive data protection law, effective December 2024, with compliance required by June 2026.
• Labour: In-depth analysis of the new employment equity targets and their implications for South African businesses.

AGRICULTURE

LAW AND TYPE OF NOTICE

Agricultural Pests Act:

Control Measures: Amendment

G 52750 RG 11838 GoN 6224

30 May 2025

APPLIES TO: 

1. Commercial Farmers and Growers

• Especially those cultivating citrus, vegetables, and fruit crops.
• Must comply with plant movement restrictions, buffer zone rules, and permit requirements.

2. Agricultural Cooperatives and Agribusinesses

• Entities involved in processing, packaging, and exporting agricultural products.
• Need to ensure compliance to avoid disruptions in supply chains and exports.

3. Agricultural Testing Laboratories

• Will be involved in conducting bacterial and PCR tests as outlined in the fee schedule.
• Must align with new testing protocols and pricing structures.

4. Regulatory and Government Agencies

• Department of Agriculture, Land Reform and Rural Development (DALRRD): Oversees implementation and enforcement.
• Provincial agricultural departments: Monitor compliance at local levels.

5. Logistics and Transport Companies

• Those transporting plants or plant products must adhere to movement restrictions and permit requirements.

6. Nurseries and Plant Retailers

• Especially those dealing in regulated or citrus plants.
• Must comply with removal and movement restrictions.

7. Environmental and Conservation Organizations

• Interested in the ecological impact of pest control and plant movement.
• May engage in monitoring buffer zones and low pest prevalence areas.

8. Exporters and Importers of Agricultural Goods

• Must comply with international phytosanitary standards and local pest control regulations to maintain trade eligibility.

9. Legal and Compliance Firms

• Advising clients on regulatory compliance, permit applications, and penalty avoidance.

SUMMED UP

Control Measures and Definitions Update

The document outlines amendments to the Control Measures regarding pest management, including new definitions and regulations for the removal of specific plants. ​ It also introduces tables detailing regulated pests and areas where plant movement is restricted.

• New definitions added for “area of low pest prevalence,” “buffer zone,” and “regulated non-quarantine pest.”
• Control measure 4 (3) prohibits the removal of specified plants from designated areas without a permit. ​
• Application for removal permits must be submitted 30 days in advance and include specified fees. ​
• Sub-control measure 8 introduces penalties for non-compliance with pest regulations.

Regulated Pests and Their Management

This section lists regulated pests that are under official control, detailing their scientific and common names.

• Table 1 includes pests such as Clavibacter michiganensis (Goss’s bacterial wilt) and Drosophila suzukii (Spotted-wing drosophila). ​
• The document emphasizes the importance of monitoring and controlling these pests to protect agricultural interests.

Restrictions on Plant Movement

The document specifies restrictions on the movement of certain plants to prevent pest spread, detailing areas where such movements are prohibited. ​

• Table 5 outlines specific plants, such as citrus species, and the areas from which their movement is restricted.
• Prohibited areas include various provinces and specific magisterial districts to mitigate pest risks.

Fees for Permits and Testing Services

This section details the fees associated with obtaining permits and conducting pest-related tests.

• Table 6 lists fees for services, including R310 for inspection reports and R240 for removal permits.
• Testing fees vary, with costs such as R362 for bacterial tests and R673 for PCR tests.

Citrus Buffer Zone Regulations

The document outlines regulations for citrus buffer zones to control the spread of pests affecting citrus plants. ​

• Table 7 specifies areas where the removal of certain citrus plants is prohibited to protect against Trioza erytreae and Candidatus Liberibacter africanus.
• The buffer zones include specific municipalities and districts in the Eastern Cape and Western Cape.

Areas of Low Pest Prevalence Defined

This section introduces areas identified as having low pest prevalence, which are subject to specific regulations. ​

• Table 8 lists plants and pests of concern, such as Bactrocera dorsalis (Oriental fruit fly), and the areas from which their removal is restricted.
• The provinces affected include KwaZulu-Natal, Mpumalanga, and Limpopo, with specific exclusions noted for certain magisterial districts.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Agricultural Pests Act: Control Measures: Amendment

G 52750 RG 11838 GoN 6224

30 May 2025

52750rg11838gon6224.pdf

ACTION

1. Farmers and Growers

• Identify regulated pests and plants on their premises.
• Apply for removal permits at least 30 days in advance when moving restricted plants.
• Implement pest monitoring and control programs to comply with buffer zone and low pest prevalence area regulations.
• Keep records of pest management activities and permit applications.

2. Agribusinesses and Cooperatives

• Review supply chain logistics to ensure compliance with movement restrictions.
• Train staff on new definitions and control measures.
• Coordinate with farmers to ensure all plant movements are permitted and documented.

3. Testing Laboratories

• Update service offerings and pricing to align with the new fee structure (e.g., R362 for bacterial tests, R673 for PCR).
• Ensure accreditation for testing regulated pests.
• Collaborate with DALRRD for reporting and compliance.

4. Regulatory and Government Agencies

• Designate quarantine and buffer zones as per the Act.
• Issue permits and phytosanitary certificates efficiently.
• Conduct inspections and enforce penalties for non-compliance.
• Educate stakeholders on the new regulations and procedures.

5. Transport and Logistics Companies

• Verify permits before transporting regulated plants.
• Avoid prohibited routes and areas listed in the regulations.
• Train drivers and handlers on compliance requirements.

6. Nurseries and Plant Retailers

• Restrict sales and movement of regulated plants from prohibited areas.
• Apply for necessary permits and maintain documentation.
• Label plants clearly to indicate origin and pest status.

7. Environmental and Conservation Groups

• Monitor pest prevalence in natural and agricultural areas.
• Support awareness campaigns on pest risks and control measures.
• Collaborate with authorities on buffer zone management.

8. Exporters and Importers

• Obtain phytosanitary certificates for all exports.
• Comply with international and local pest control protocols.
• Use designated ports of entry/exit and follow documentation requirements.

9. Legal and Compliance Advisors

• Advise clients on permit applications, penalties, and compliance strategies.
• Monitor regulatory updates and help interpret new notices and regulations.

LAW AND TYPE OF NOTICE

Agricultural Products Standards Act:

Regulations: Grading, packing and marking of sorghum products intended for sale

G 52750 RG 11838 GoN  6225

30 May 2025

APPLIES TO: 

Producers and Processors

• Sorghum millers and grain processors who convert raw sorghum into products like meal, flour, grits, and bran.
• Pre-cooked sorghum product manufacturers (e.g., instant porridge producers).
• Speciality product developers using sorghum for health foods or functional ingredients.

Distributors and Wholesalers

• Companies that transport, store, or distribute sorghum products in bulk or retail packaging.
• Exporters and importers dealing with sorghum products intended for the South African market.

Retailers

• Supermarkets, grocery stores, and health food outlets selling sorghum products in retail quantities (≤50 kg).
• Online food retailers offering packaged sorghum products.

Testing and Certification Bodies

• Inspection agencies and laboratories responsible for:
  • Sampling and testing for moisture, granulation, and contaminants.
  • Certifying compliance with the standards.

Farmers and Agricultural Cooperatives

• While the regulations focus on processed products, farmers and co-ops involved in value-added processing or direct sales may also be affected.

Regulatory and Compliance Consultants

• Firms providing regulatory advisory services to help businesses comply with the new standards.

Government and Enforcement Agencies

• The Department of Agriculture, Land Reform and Rural Development and its inspectors will oversee enforcement.
• Customs and border control may also be involved for imported sorghum products.

SUMMED UP

Scope and Purpose

• Applies to sorghum products derived from Sorghum bicolor (L) Moench through industrial milling.
• Sets minimum standards for classification, quality, packaging, and labeling.

Classification of Sorghum Products

Nine classes are defined:

1.     Pearled Grain Sorghum (Decorticated)

2.     Sorghum Grits (Brewing, Cereal, Snack)

3.     Coarse Sorghum Meal

4.     Fine Sorghum Meal

5.     Super Fine Sorghum Meal

6.     Sorghum Flour

7.     Sorghum Bran

8.     Specialty Sorghum Products

9.     Unspecified Sorghum Product

Quality Standards

All products must:

• Be free from mold, sourness, rancidity, insects, and foreign matter.
• Have moisture content ≤ 15%.
• Meet granulation standards (particle size) as per detailed sieve specifications.

Packing and Marking Requirements

• Containers must be clean, intact, and suitable.

• Labels must include:
  • Product class
  • Manufacturer/distributor address
  • Net weight
  • Language: English or English + another official language

• Bulk sales and repackaged quantities <50 kg have specific exemptions.

Sampling and Testing

• Sampling frequency based on quantity.

• Methods for determining:
  • Particle size (sieve-based)
  • Whole kernel percentage
  • Moisture content (ISO and AACC methods)

Penalties

• Non-compliance may result in fines or imprisonment (up to 2 years).

Effective Date

• Regulations come into effect 12 months after publication (i.e., 30 May 2026).

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Agricultural Products Standards Act: Regulations: Grading, packing and marking of sorghum products intended for sale

G 52750 RG 11838 GoN  6225

30 May 2025

52750rg11838gon6225.pdf

ACTION

1. Classification and Quality Control

Organizations must:

• Classify sorghum products into one of the 9 defined classes (e.g., grits, flour, bran).

• Ensure products:
  • Are free from mold, sourness, rancidity, insects, and foreign matter.
  • Have moisture content ≤ 15%.
  • Meet granulation (particle size) standards using specified sieve sizes.

2. Packaging Requirements

• Use containers that are:
  • Clean, dry, intact, and suitable for sorghum products.
  • Properly sealed and accurately filled according to the labeled weight.

• Do not mix different classes of sorghum in the same container.

3. Labeling and Marking

Each container must be clearly marked with:

• The class name (or a descriptive name for specialty/unspecified products).
• The name and physical address of the manufacturer, packer, or importer.
• The net weight.
• Language: English or English + another official language.
• Optional: Type or color for Pearled Grain Sorghum.

Exceptions:

• Bulk sales: Info can be in accompanying documents.
• Repacked <50 kg: Info must be visible on the original container.

4. Sampling and Testing

• Conduct random sampling based on quantity (see Table 1 in the regulations).
• Use bulk probes or automated augers for bulk containers.

• Perform:
  • Visual and sensory inspections.
  • Granulation tests using sieves.
  • Moisture content tests (ISO 7700/1 or AACC 44-15A).
  • Whole kernel percentage checks (for meal).

5. Prohibited Practices

• Avoid any misleading labels or claims on packaging.
• Do not use illustrations or wording that misrepresent the product.

6. Recordkeeping and Compliance

• Maintain records of sampling, testing, and labeling.
• Be prepared for inspections by government-appointed officers.
• Apply for exemptions if needed (in writing to the Executive Officer).

7. Timeline

• These regulations come into effect 12 months after publication, i.e., 30 May 2026.

CONSTRUCTION

LAW AND TYPE OF NOTICE

Project and Construction Management Professions Act:

Integrated Framework for Social Facilitation: Comments invited

G 52787 BN 789

– Comment by 20 Jun 2025

02 June 2025

APPLIES TO: 

Government Departments and Agencies

These are the primary implementers and funders of infrastructure projects:

• Department of Public Works and Infrastructure (DPWI)
• Municipal Infrastructure Support Agent (MISA)
• National Treasury
• Provincial and Local Government Departments
• Presidential Infrastructure Coordinating Commission (PICC)

Implementing Agents and Infrastructure Bodies

Entities responsible for delivering infrastructure on behalf of government:

• Independent Development Trust (IDT)
• Development Bank of Southern Africa (DBSA)
• South African National Roads Agency (SANRAL)
• Coega Development Corporation (CDC)
• Housing Development Agency (HDA)

Construction and Engineering Firms

These include:

• Main contractors and subcontractors
• Engineering consultants
• Built environment professionals (e.g., architects, quantity surveyors)

They are required to integrate social facilitation into project planning, execution, and reporting.

Social Facilitation Practitioners and Professional Bodies

• Social facilitators (individuals or firms)
• South African Council for the Project and Construction Management Professions (SACPCMP)
• Council for the Built Environment (CBE)

These groups are central to the professionalisation and regulation of social facilitation services.

Community-Based Organizations and Local Stakeholders

• Project Steering Committees (PSCs)
• Ward committees and local leadership structures
• Community liaison officers
• Local SMMEs and cooperatives
• Targeted labour groups

They are the intended beneficiaries and participants in the engagement process.

Monitoring, Evaluation, and Research Institutions

• Entities involved in data collection, impact assessment, and citizen satisfaction surveys (e.g., Local Government Barometer, Citizen Report Card initiatives).

SUMMED UP

1. Purpose of the Framework

• To embed SF as a professional service in infrastructure development.
• To ensure consistent community engagement across all project phases.
• To mitigate risks like site disruptions and community conflict.
• To support local job creation and SMME development.

2. Core Principles

• Co-creation and co-ownership with communities.
• Transparency, inclusivity, and localisation.
• Continuous monitoring, evaluation, and adaptation.

3. Roles and Responsibilities

Clearly defined for:

• Government departments and funders.
• Implementing agents and project managers.
• Social facilitators and contractors.
• Project Steering Committees (PSCs).

4. Project Lifecycle Integration

Social facilitation is embedded in all stages:

• From pre-initiation and feasibility to construction and close-out.
• Includes stakeholder mapping, community profiling, training, and conflict resolution.

5. Risk Management Strategy

Identifies and mitigates risks such as:

• Poor stakeholder engagement.
• Site disruptions.
• Failure to meet empowerment goals.
• Ineffective implementation and communication.

6. Legislative and Strategic Alignment

• Aligned with the Constitution, National Development Plan 2030, ERRP, and Infrastructure Investment Plan.
• Supported by the Durban Declaration (2024) and various national guidelines.

FULL TEXT

DETAILS

PREAMBLE

Infrastructure development remains a central pillar of South Africa’s socio-economic transformation agenda. However, recurring challenges, such as weak community engagement, declining public trust, site disruptions, and low local participation, continue to undermine the timely and inclusive delivery of public infrastructure projects.

In May 2021, Cabinet approved the proposed Social Facilitation methodology, mechanism, and processes for the implementation of infrastructure projects as presented by the Department of Public Works and Infrastructure (DPWI). This decision acknowledged the need for an orderly, standardised process of engaging communities throughout all phases of public infrastructure delivery.

Over time, social facilitation has emerged as a critical lever for managing risks, addressing site disruptions, and promoting inclusive development. While various entities—including public sector implementing agents and voluntary associations—have applied different models and practices, these have often lacked uniformity. As a result, implementation has been fragmented and inconsistent. Yet, successful cases exist, demonstrating that when properly integrated, social facilitation contributes significantly to project success, community buy-in, and long-term sustainability.

In response, the Department of Public Works and Infrastructure (DPWI), in collaboration with key stakeholders, has developed the Integrated Social Facilitation Framework (ISFF). This framework consolidates lessons learned from multiple stakeholders and synthesises them into a structured model that aligns with national infrastructure delivery processes. It draws from best practices, including stakeholder engagement frameworks and lifecycle mapping of infrastructure projects, to present a unified approach. This framework institutionalises and standardises Social Facilitation (SF) as a strategic and professionalised function embedded throughout the infrastructure lifecycle.

Cabinet’s approval of the Infrastructure Investment Plan in May 2020, and the subsequent endorsement of a Social Facilitation Concept Note and Methodology in May 2021, laid the foundation for a nationally coordinated and community-centred approach to infrastructure delivery. The ISFF gives effect to these directives and ensures that SF is systematically applied across all infrastructure projects

EXECUTIVE SUMMARY

The Integrated Social Facilitation Framework (ISFF) addresses the need for a cohesive approach to social facilitation in South African infrastructure projects. Social facilitation is crucial for mitigating site disruptions and conflicts, ensuring the successful delivery of social and economic infrastructure. The framework aims to standardise practices across the construction industry, making them easy to understand and adaptable to various project types. Current practices are fragmented, necessitating an Integrated Framework.

The framework synthesizes guidelines from several entities, including the DPWI, Construction Industry Development Board (CIDB), Development Bank of Southern Africa (DBSA), Independent Development Trust (IDT), South African National Roads Agency (SANRAL), Coega Development Corporation (CDC), and others. These documents emphasise community engagement, stakeholder involvement, and the inclusion of local SMMEs and labour.

The framework integrates core principles of social facilitation, emphasising organic engagement, cocreation, and co-ownership. It includes guidelines for the procurement of social facilitation services, stakeholder mapping, community profiling, and the establishment of Project Steering Committees (PSCs).

There are also guidelines on the procurement of Social Facilitation services in accordance with the procurement standards of the treasury and the CIDB.

The Framework encourages continuous monitoring and regular reporting of social issues in the delivery of social facilitation. The continuous collection of data in this process leads to adaptation and continuous improvement based on feedback and lessons learned.

The Roles and Responsibilities of all major contributors to the Social Facilitation delivery are clearly defined in this framework. This includes roles for clients, implementing agents, construction project managers, social facilitators, PCSs, and contractors. There is, through this, an emphasis on collaboration and accountability.

Finally, a Risk Management Strategy is provided, which identifies potential risks such as poor stakeholder engagement, conflicts, and ineffective implementation. Mitigation strategies to address these risks are also provided.

The integrated framework aims to create infrastructure projects that are efficiently executed and deeply rooted in community needs, fostering sustainable socio-economic development and long-term trust in government

Table of Contents

EXECUTIVE SUMMARY

ABBREVIATIONS

DEFINITIONS

1. PROBLEM STATEMENT

2. PURPOSE OF THIS DOCUMENT

3. LEGISLATIVE AND POLICY MANDATE

3.1. Policy and Legislative Context

3.1.1. Cabinet-Endorsed Social Facilitation Mechanism

3.1.2. Constitutional Imperatives

3.1.3. Policy Instruments and Guidelines

4. STRATEGIC ALIGNMENT

4.1. Strategic Rationale for Social Facilitation

4.1.1. Role in the Infrastructure Investment Plan

4.1.2. Addressing Project Disruptions and Social Risk

4.1.3. Developmental and Economic Imperatives

5. SUMMARY OF SOURCE DOCUMENTS

6.1. Establishing a Project Steering Committee:

6.2. Community Engagement and Social Facilitation

6.3. Transparency and Communication:

6.4. Inclusivity and Representation:

6.5. Local Capacity Maximisation

6.6. Conflict Management and Dispute Resolution

6.7. Skills Development and Training

6.8. Monitoring and Evaluation

6.9. Adaptability and Localisation

6.10. Building Strategic Partnerships

6.11. Understanding the Community Context

7. PROJECT TYPES AND SOCIAL FACILITATION STRATEGIES

7.1. Infrastructure Projects

7.2. Construction Works Contracts

7.3. IDD Construction Projects

7.4. SANRAL Projects

8. ALIGNMENT FOR INTEGRATED FRAMEWORK

8.1. Procurement of Social Facilitation Services

8.1.1. Procurement Guidelines

8.1.2. Standard For Uniformity in Engineering and Construction Works Contracts

8.1.3. Infrastructure Delivery and Procurement Management (IDPM)

8.2. Financial and Operational Implications

8.2.1. Budgeting and Costing of SF Activities

8.2.2. Integration into Project Procurement and Cost Plans

8.2.3. Managing Compensation and Community Expectations

8.3. Social Facilitation Services and Activities

8.3.1. Stakeholder Mapping and Analysis

8.3.2. Community Profiling and Needs Assessment

8.3.3. Community Engagement and Consultation Plan

8.3.4. Communication strategy

8.3.5. Establishment of a Project Steering Committee

8.3.6. Targeted Enterprise Database

8.3.7. Local Maximisation Framework

8.3.8. Contract Participation Goal Planning

8.3.9. Training and Skills Development Programme

8.3.10. Legal and Policy Alignment

8.3.11. Implementation Programme

8.3.12. Conflict Management and Ensuring Site Security Plan

8.3.13. Operations and Maintenance scheme

8.3.14. Extended Empowerment Scheme

8.4. Social Facilitation in Project Delivery

8.5. Monitoring, Evaluation, and Reporting

8.5.1. Operational Measurement Tracking

8.5.2. Citizen Satisfaction

8.5.3. Regular Reporting

8.5.4. Adaptation and Continuous Improvement

8.5.5. Roles and Responsibilities

i. Client body/ Department / Funder

ii. Implementing Agents (IA) / Employer

iii. Construction Project Manager

iv. Construction Manager

v. Social Facilitators

vi. Project Steering Committee

vii. Contractor Obligations

9. RISK MANAGEMENT STRATEGY

7. CONCLUSION

8. LIST OF SOURCE DOCUMENTS

Acronym Meaning

CIDB Construction Industry Development Board

CDC Coega Development Corporation (CDC)

CPG Contract Participation Goal

CSI Corporate Social Investment

DBSA Development Bank of Southern Africa

DPWI Department of Public Works and Infrastructure

ERRP Economic Reconstruction and Recovery Plan

EXCO Executive Committee

G1000 SANRAL’s Step-by-Step Community Engagement Guide

IA Implementing Agent

IDMS Infrastructure Delivery Management System

IDT Independent Development Trust

IPMP Infrastructure Programme Management Plan

ISFF Integrated Social Facilitation Framework

M&E Monitoring and Evaluation

MISA Municipal Infrastructure Support Agent

MoU Memorandum of Understanding

NEDLAC National Economic Development and Labour Council

O&M Operations and Maintenance

PSC Project Steering Committee

SACN South African Cities Network

SACPCMP South African Council for the Project and Construction Management Professions

SANRAL South African National Roads Agency Limited

SAPS South African Police Service

SF Social Facilitation

SMME Small, Medium and Micro Enterprises

TSDP Training and Skills Development Programme

DEFINITIONS

1. PROBLEM STATEMENT

Social Facilitation has increasingly become the default response to site-based disruptions and community conflicts that hinder the timely delivery of critical social and economic infrastructure. In response, various stakeholders, ranging from regulatory bodies to infrastructure delivery agents, have shown a growing commitment to embedding Social Facilitation into project planning and execution.

Despite these efforts, the implementation has often been fragmented and inconsistent, leading to varying degrees of success across different projects.

Nevertheless, several success stories demonstrate the potential for Social Facilitation to be effectively applied, offering valuable lessons and best practices. These can serve as a foundation for developing a unified, integrated framework that is tailored to the needs of the South African construction sector.

Such a framework should be simple to understand, adaptable to diverse project environments, and require only minimal, practical modifications for effective application.

At the core of the problem lies the inefficiency of the current public participation mechanisms within South Africa’s construction industry. This systemic shortcoming creates a disconnect between project developers and the communities they aim to serve, often resulting in rejection of infrastructure initiatives, vandalism, and protests. These disruptions are rooted in inadequate stakeholder engagement and the exclusion of communities from meaningful participation in infrastructure planning and delivery processes.

The situation is further exacerbated by the presence of organised criminal networks that exploit project vulnerabilities, leading to intentional damage to infrastructure and further impeding sustainable development efforts. The consequences of these challenges are far-reaching, affecting not only communities directly impacted by the projects but also government departments and private sector entities responsible for delivering them.

These issues have been clearly documented in research initiatives such as the Citizen Report Card (CRC) and the Local Government Barometer (LGB), which highlight significant flaws in the current public participation process. Key findings include fragmented planning, disrupted project implementation, delayed service delivery, inflated budgets, increased project costs, poor infrastructure quality, stalled or rejected projects, under-expenditure, and a growing trust deficit among stakeholders.

2. PURPOSE OF THIS DOCUMENT

The ISFF serves as a national guide to:

• Embed Social Facilitation as a professional service within infrastructure development.

• Ensure standardisation across departments, spheres of government, and implementing entities.

• Define roles, deliverables, and milestones for SF across all project stages.

• Establish a system for monitoring, evaluation, and continuous learning.

• Mitigate project risks through proactive and inclusive community engagement.

• Support Contract Participation Goals (CPGs), local job creation, and SMME development.

3. LEGISLATIVE AND POLICY MANDATE

The ISFF is underpinned by the following legislative and policy frameworks:

• Section 146(2)(b) of the Constitution, mandating the establishment of norms and standards to ensure uniformity across government functions.

• The Framework for Infrastructure Delivery and Procurement Management (FIDPM), which promotes a lifecycle-based approach to infrastructure implementation.

• The Cabinet Resolution of May 2021, which endorsed the formal adoption of SF methodologies and their institutionalisation across the public sector.

• The Durban Declaration (November 2024), emerging from the National Construction Summit, which commits all infrastructure actors to finalise and implement the ISFF by 30 June 2025, as a response to rising construction site disruptions and community tensions.

3.1. Policy and Legislative Context

3.1.1. Cabinet-Endorsed Social Facilitation Mechanism

Cabinet’s endorsement of the Social Facilitation Concept Note (2021) provides a clear mandate for embedding SF in infrastructure delivery. It positions SF as an essential tool for co-creating infrastructure solutions with communities, fostering shared ownership, and reducing resistance.

3.1.2. Constitutional Imperatives

Section 146(2)(b) of the Constitution empowers national government to develop binding norms and standards where uniformity is essential for the effective delivery of services and economic development. The ISFF operationalises this by offering a consistent approach to stakeholder engagement and participatory development across all public infrastructure projects.

3.1.3. Policy Instruments and Guidelines

The ISFF builds on and complements the following instruments:

• FIDPM: Integrates SF within the structured project stages to ensure alignment with procurement, design, and implementation activities.

• CIDB Standard for Contract Participation Goals (CPGs): Ensures that SF delivers on local economic development and empowerment targets.

• DBSA, MISA, IDT, SANRAL, HDA and SACN guidelines: Provide precedents and tested models of community engagement and risk mitigation, adapted into a consolidated national framework.

• Durban Declaration (2024): Elevates SF from a technical function to a policy priority, tied to improved safety, local participation, and project outcomes.

Together, these instruments ensure that SF is not only an engagement tool but also a vehicle for transformation, empowerment, and development-oriented governance.

4. STRATEGIC ALIGNMENT

The ISFF supports and aligns with the following national strategies and frameworks:

• The Economic Reconstruction and Recovery Plan (ERRP)

• The National Development Plan (NDP) 2030 objectives for inclusive growth and social cohesion

• The National Infrastructure Plan 2025

• The Infrastructure Investment Plan

• The Presidential Infrastructure Coordinating Commission (PICC) guidelines

Through this alignment, the ISFF strengthens investor confidence, promotes social stability, and ensures a people-centred infrastructure delivery model.

4.1. Strategic Rationale for Social Facilitation

4.1.1. Role in the Infrastructure Investment Plan

Social Facilitation is a foundational enabler for the successful execution of South Africa’s Infrastructure Investment Plan. It ensures that projects are not only technically sound but socially accepted and supported, reducing conflict and enhancing delivery outcomes. By integrating SF into all project stages, government ensures community alignment, minimises delays, and improves the investment-readiness of projects.

4.1.2. Addressing Project Disruptions and Social Risk

Community dissatisfaction and exclusion have been leading causes of infrastructure project disruptions. SF mitigates these risks by enabling proactive engagement, conflict resolution, and structured participation, thereby reducing incidents such as vandalism, protests, and work stoppages.

4.1.3. Developmental and Economic Imperatives

Social Facilitation contributes directly to national development by:

• Enhancing local employment and procurement opportunities.

• Supporting the achievement of socio-economic targets such as CPGs.

• Empowering communities to manage and maintain infrastructure assets, promoting long-term sustainability and stewardship.

5. SUMMARY OF SOURCE DOCUMENTS

Several documents detailing Social Facilitation guidelines, policies and frameworks from various entities have been analysed. In summary, these are outlined below:

i. The DPWI guideline outlines principles, standards and concepts for improved community engagement in infrastructure projects, emphasizing co-ownership and continuous improvement.

ii. The CIDB’s CPG standard defines participation goals for targeted labour and enterprises in construction contracts.

iii. The DBSA framework focuses on stakeholder engagement and community involvement in Infrastructure Delivery Division (IDD) infrastructure projects.

iv. The Housing Development Agency (HDA) terms of reference document concerns the appointment of social facilitators to enhance community consultation for human settlement development.

v. The IDT’s Social facilitation is a process through which projects or programs are designed, initiated, and implemented from beginning to the end with full participation of all affected and interested key stakeholders.

vi. The SANRAL document details stakeholder and community liaison, and the inclusion of targeted labour and enterprises in road construction projects.

vii. Finally, the crucial role of the Council for the Built Environment (CBE) as it is mandated to instill good conduct within built environment professions, mobilising transformation in the built environment professions, and protecting the interest of the public. Through the Built Environment Professionalisation and Skills Development Strategy, all statutory councils in the built environment embody this strategy. This is due to the fact that the strategy enhances the competence, building capacity, ethical practices, and overall standards within the sector, while identifying and addressing any gaps to build the capacity required to enable the built environment sector to contribute to the achievement of South Africa’s development objectives.

Several key stakeholder engagement strategies emerge from the sources, crucial for project success in infrastructure and development initiatives.

6. PRINCIPLES GUIDING THE FRAMEWORK

6.1. Establishing a Project Steering Committee:

SANRAL emphasises establishing a PSC for every project to facilitate communication between the contractor, targeted enterprises, and the community. The PSC serves as the official channel for communication and resolving project matters. This is echoed in the DBSA framework, which talks about establishing an inclusive PSC with representatives from various stakeholders.

6.2. Community Engagement and Social Facilitation

• Engaging communities early in the project lifecycle is crucial.

• Employing skilled social facilitators who understand the local context to interface with the community

• Using social facilitation to ensure community participation in shaping and developing their future.

• Ensuring the community and stakeholders are well-informed and engaged on project matters

6.3. Transparency and Communication:

• Maintaining open communication lines with stakeholders is essential.

• Delivering consistent key messages and adopting a one-point communication strategy.

• Providing regular project updates and clarity around project benefits to manage expectations early on.

6.4. Inclusivity and Representation:

• Ensuring that all sectors of society and a broad range of stakeholders have the opportunity to be involved.

• Establishing community steering committees with equal representation from key stakeholder groups through a democratic process.

• Confirming and documenting stakeholder demographic data such as gender, age, and people with disability for representation.

6.5. Local Capacity Maximisation

• Maximising the existing skills and resources of communities and local groups

• Prioritising local resources, localisation, and beneficiation.

• Creating sustainable jobs for targeted community members.

6.6. Conflict Management and Dispute Resolution

• Taking preventative steps to minimise the probability of conflict.

• Establishing dispute resolution mechanisms to address community matters affecting project performance.

• Constant clarification of terms and conditions of the project as well as roles and responsibilities of various stakeholders.

6.7. Skills Development and Training

• Integrating skills development for SMMEs into the project design, including workshops on managing subcontracts and business development.

• Identifying and informing the contractor of any relevant training required by the Targeted Labour.

6.8. Monitoring and Evaluation

• Actively involving communities, government, and implementing agents in continuous improvement exercises.

• Ongoing monitoring and regular reporting of social issues within projects.

• Evaluating the development facilitation efforts and social issues at project close-out.

6.9. Adaptability and Localisation

Adapting each step in the process organically, as each community is unique.

6.10. Building Strategic Partnerships

Forging alliances with government entities, opinion leaders, and other stakeholders to advance project goals.

6.11. Understanding the Community Context

Understanding the structures of power, the different stakeholder groups, the legitimacy of the ward structure, the political divides, potential gang jurisdictions, and any other ground dynamics that are important in the context of the community.

These strategies emphasize the importance of integrating social facilitation with project management to foster community ownership, manage risks, and ensure project success.

7. PROJECT TYPES AND SOCIAL FACILITATION STRATEGIES

Different frameworks and activities are used for specific types of projects, as detailed in the sources:

7.1. Infrastructure Projects

The IDT’s Social Facilitation Implementation Guideline is designed for social infrastructure delivery and maintenance. Social facilitation processes and activities span the entire project lifecycle, including operationalisation and maintenance.

7.2. Construction Works Contracts

The CIDB Standard for Contract Participation Goals (CPGs) is applied to construction works contracts where CPGs are specified. This standard is not applicable to the Expanded Public Works Programme (EPWP).

7.3. IDD Construction Projects

The DBSA’s IDD Framework for Development Facilitation applies to all construction projects implemented by the ID division. This framework governs project-level conflict management, stakeholder mobilisation, and institutional arrangements for community involvement.

7.4. SANRAL Projects

SANRAL projects use a structured engagement with project stakeholders and affected communities. This includes the selection, utilisation, and development of Targeted Labour and Targeted Enterprises. The framework involves establishing a PSC for every project. Community Development Projects (CDPs) are training and skills development programmes that benefit an identified Community and Trainee Targeted Enterprises selected from the Community.

8. ALIGNMENT FOR INTEGRATED FRAMEWORK

To integrate the concepts from the sources into an Integrated Framework, it’s important to synthesise the common elements, focusing on social facilitation, community engagement, and project management. At the heart of the framework should be the integration of the Social Facilitation Model’s core principles which are organic, co-creation, and co-ownership. These principles should align with the Batho Pele principles, emphasizing that people are the priority. Adaptability and localisation should be prioritised, with all community engagement approaches developed based on local contextual realities.

8.1. Procurement of Social Facilitation Services

The Council for the Built Environment is a statutory umbrella body that coordinates all built environment professional councils. The CBE Act’s objectives include promoting integrated development and public interest in the built environment. Professionalising social facilitation allows the SACPCMP, under the oversight of the CBE, to directly support these objectives by embedding community engagement into built environment practices and safeguarding the interests of communities during development processes.

The CBE also has a policy on the recognition of new professions, which has guided SACPCMP’s journey as one of the newer councils. The experience and protocols within CBE and SAPCMP provide a clear governance route for adding social facilitators as a profession, ensuring that due diligence (like defining the scope of work and avoiding overlaps with other professions) is done in the process. Recognising social facilitators will also enable the CBE to include these practitioners in cross-profession initiatives (for example, multi-disciplinary committees or policy input processes), thereby enriching the built environment governance with community engagement expertise.

The selection and deployment of skilled Social Facilitators (SFs) are critical to bridging gaps between projects and communities. SFs should be appointed through a transparent procurement process, prioritising candidates with proven expertise in local stakeholder engagement, conflict mediation, and socio-economic development. Their roles must be clearly defined in contracts, including deliverables such as stakeholder mapping reports, community consultation plans, and conflict resolution protocols.

To ensure accountability, SF performance should be tied to measurable KPIs. Furthermore, SFs should undergo context-specific training (e.g., understanding tribal governance structures in rural projects or urban gang dynamics in township developments) to adapt strategies to local realities. This proactive approach mitigates risks of disruptions while fostering trust and co-ownership.

8.1.1. Procurement Guidelines

According to the CIDB’s Standard for Uniformity (SFU) in Construction Procurement and ISO 10845, the procurement of social facilitation services is a professional services appointment and must align with the overarching principles and processes delineated within both documents. Adhering to these guidelines ensures that the procurement process is conducted in a systematic and equitable manner, promoting transparency and accountability within the framework of social facilitation in infrastructure projects. This adherence not only enhances the operational effectiveness of procurement mechanisms but also fosters a collaborative environment that can facilitate stakeholder engagement and social cohesion during the delivery of infrastructure services.

8.1.2. Standard For Uniformity in Engineering and Construction Works Contracts

The Standard for Uniformity in Construction Procurement establishes requirements for procurement within the construction industry aimed at standardisation and uniformity in documentation, practices, and procedures. It specifically addresses the solicitation of tender offers for various categories, including services.

Regarding the procurement of services, the Standard outlines different procedures and evaluation methods depending on the nature of the service. Professional services in construction are addressed in Section 4.2.2. Given that social facilitation services typically necessitate specialised expertise and a deep understanding of community dynamics, they may be categorised as assignments where both methodology and community context play a crucial role. In such instances, the Standard recommends employing procedures and methods that enable the evaluation of both the methodology and the financial proposals. This could involve:

• Proposal Procedure using the two-envelope system (PP2E), where technical and financial proposals are submitted separately, and the financial proposal is only opened if the technical proposal is acceptable. This allows for a thorough evaluation of the social facilitation approach and experience.

• Using evaluation Methods 1 and 2 with eligibility criteria framed around the attainment of a minimum quality score or quality-related requirements. This means tenderers would need to meet certain quality thresholds to be considered for financial evaluation.

The Standard also emphasises incorporating quality into procurement documents through various methods, such as:

• Clearly specifying requirements in the scope of work. This would involve detailing the expected social facilitation activities, deliverables, and outcomes.

• Introducing quality into the eligibility criteria. This could include requiring social facilitators with specific qualifications, experience in similar projects, or a demonstrated understanding of local community dynamics.

8.1.3. Infrastructure Delivery and Procurement Management (IDPM)

The Framework for Infrastructure Delivery and Procurement Management (FIDPM) provides a broader governance framework for infrastructure delivery and procurement. While it doesn’t specifically detail the procurement of social facilitation services, it establishes a series of Infrastructure Procurement Gates that should be followed. The procurement of social facilitation services would need to align with these gates:

i. Procurement Gate 1 (PG1): Obtain permission to start the procurement process:

This involves establishing the need for social facilitation services, preparing a broad scope of work, estimating the financial value, and confirming the budget.

ii. Procurement Gate 2 (PG2): Obtain approval for procurement strategies:

This is where the appropriate procurement procedure (e.g., Open Procedure, Proposal Procedure) and evaluation method (e.g., Method 3: Financial offer and quality) would be decided, taking into account preferential procurement in line with legislation.

iii. Procurement Gate 3 (PG3): Obtain approval for procurement documents:

This involves preparing the tender documents, including the tender data, scope of work detailing the social facilitation requirements, returnable schedules, and the criteria for evaluating quality. These documents should be compatible with the approved procurement strategies. The Standard for Uniformity provides guidance on the formatting and compilation of these procurement documents.

iv. Procurement Gate 4 (PG4): Confirm sufficient cash flow:

This ensures that funds are available to meet contractual obligations for the social facilitation services.

v. Procurement Gate 5 (PG5): Solicit tender offers:

This involves inviting, receiving, recording, and safeguarding tender offers for the social facilitation services.

vi. Procurement Gate 6 (PG6): Evaluate tender offers:

This is where the technical proposals (if a two-envelope system is used) would be evaluated based on the pre-defined quality criteria, and subsequently, the financial proposals of those who meet the quality threshold would be evaluated. The evaluation should be in terms of the undertakings and parameters established in the procurement documents.

vii. Procurement Gate 7 (PG7): Award the contract:

This involves notifying successful and unsuccessful tenderers, compiling the contract document, and formally accepting the tender offer.

viii. Procurement Gate 8 (PG8): Administer the contract:

This involves managing the contract for the social facilitation services and ensuring compliance with all contractual requirements. The specific procedure and evaluation method chosen should be justified based on the complexity and specific requirements of the social facilitation services needed for the infrastructure project.

8.2. Financial and Operational Implications

8.2.1. Budgeting and Costing of SF Activities

SF must be recognised as a core project input. Costing must be included from the pre-initiation phase and reflect professional service standards.

8.2.2. Integration into Project Procurement and Cost Plans

Project procurement documents must include SF deliverables, budgets, and reporting requirements. This ensures accountability and proper resource allocation.

8.2.3. Managing Compensation and Community Expectations

Clear communication, community agreements, and transparent benefit-sharing models are essential to manage expectations around compensation, labour, and procurement opportunities.

8.3. Social Facilitation Services and Activities

8.3.1. Stakeholder Mapping and Analysis

Identify and analyse all project stakeholders, documenting their demographics and assessing their interests and influence.

8.3.2. Community Profiling and Needs Assessment

Begin with a detailed community profile to understand the unique needs and priorities of each community. This profile should inform all subsequent infrastructure and social facilitation responses. Continuously build intelligence through data collection to refine the community profile over time.

8.3.3. Community Engagement and Consultation Plan

Develop and implement a comprehensive stakeholder engagement plan. Engage communities early and consistently throughout the project lifecycle. Use skilled social facilitators to interface with the community, understanding the local context and dynamics.

8.3.4. Communication strategy

Develop a communication strategy to maintain transparency through public meetings, boards, and accessible communication channels. Communicate project benefits clearly to manage expectations.

8.3.5. Establishment of a Project Steering Committee

Establish a PSC as a key platform for project communication. Ensure the PSC includes representation from the contractor, targeted enterprises, and the community. The PSC should facilitate harmonious relationships with stakeholders and affected communities, ensuring accountability among its members.

8.3.6. Targeted Enterprise Database

Compile a database of targeted enterprises, conducting market analysis and skills audits to assess their capabilities. Provide support to these enterprises, helping them meet statutory requirements and enhance their readiness.

8.3.7. Local Maximisation Framework

Develop and implement a framework to maximise the procurement of goods and services from local communities.

8.3.8. Contract Participation Goal Planning

Develop a CPGP that details how the project intends to achieve its targets for targeted enterprises and labour in collaboration with the PSC. The CPGP should align with the Works Programme, ensuring an equal and continuous distribution of work opportunities.

The plan should detail how the project intends to achieve its targets for targeted enterprises and labour in collaboration with the PSC. The CPGP should align with the Build Programme (the project’s phased construction schedule and procurement milestones), ensuring an equal and continuous distribution of work opportunities. For example:

• The Build Programme’s work packages (e.g., earthworks, structural phases) should reserve specific subcontracting opportunities for targeted enterprises, matched to their capabilities.

• Training and skills development programmes should be timed to align with the Build Programme’s labour-intensive phases.

• Progress tracking should compare CPG achievements (e.g., local SMME utilization) against Build Programme milestones.

8.3.9. Training and Skills Development Programme

Compile a Training and Skills Development Programme aligned with CIDB standards and in collaboration with the PSC. This programme should detail the training methods and execution, correlating with the Works Programme

8.3.10. Legal and Policy Alignment

Ensure the programmes, plans, and frameworks align with relevant legislation and policies, such as the Constitution of the Republic of South Africa, the Municipal Systems Act, and CIDB standards.

8.3.11. Implementation Programme

Develop an Implementation Programme to be integrated into the project delivery programme in consultation with PSC. Implement process flows and phases of CPGP and Training and Skills Development Programme. This should be piloted and calibrated based on lessons learned. Make adjustments to the implementation programme in consultation with the PSC.

8.3.12. Conflict Management and Ensuring Site Security Plan

Establish and implement dispute resolution mechanisms to address community concerns. Take proactive measures to manage conflict, especially in hostile environments. Engage with local authorities or law enforcement agencies (e.g. SAPS) and establish a site disruption response team.

8.3.13. Operations and Maintenance scheme

Operations and maintenance opportunities should utilise different SMMEs who were developed through the project on a rotating basis to increase the reach of opportunities and for fairness, and this can be conceptualised during the initial project phase. A detailed database of these contractors and their competencies/expertise will be kept and handed over with the maintenance plan.

8.3.14. Extended Empowerment Scheme

SMMEs who have delivered a project package and have gained the necessary experience should be assisted to upgrade to the next CIDB grade. This should enable them to apply for further work.

8.4. Social Facilitation in Project Delivery

Drawing from various frameworks, the social facilitation activities undertaken vary based on the stage and type of project. This will be taken into account in developing the scope of services for professionalisation, or for the creation of a new specified category within the ambit of registered professionals to be regulated under the SACPCMP, which has been identified by the DPWI as the appropriate statutory body for this purpose.

In summary, specific frameworks and activities are tailored to the project type and its stage of development, ensuring that stakeholder engagement, community involvement, and developmental goals are effectively integrated.

8.5. Monitoring, Evaluation, and Reporting

8.5.1. Operational Measurement Tracking

Implement a system for monitoring and evaluating the social facilitation process.

8.5.2. Citizen Satisfaction

Use a citizen satisfaction scoring system to gauge the effectiveness of the social facilitation efforts.

8.5.3. Regular Reporting

Ensure ongoing monitoring and regular reporting of social issues within projects. Document lessons learned to inform future development facilitation efforts.

8.5.4. Adaptation and Continuous Improvement

Build in mechanisms for calibration and adaptation after each phase of the Social Facilitation Model. Use feedback and lessons learned to continuously improve the system, enabling intelligent service delivery.

8.5.5. Roles and Responsibilities

i. Client body/ Department / Funder

– Ensure the Recognition of Social Facilitation as a professional service.

– Ensure the Provision of the budget for Social Facilitation

– Ensure that Social Facilitation included in the Procurement Instruction/IPMP on Project lists and Budget allocation

ii. Implementing Agents (IA) / Employer

– Procurement – based on IA’s Procurement instructions allocation for SF services.

– Provide resources for Social Facilitation.

– Establish Social Facilitation capability within project implementation structures, integrating it into project delivery approaches.

– Set strategic direction and priorities for Social Facilitation.

– Oversee and influence social facilitation efforts within the project governance structure.

– Ensure accountability for Social Facilitation outcomes.

– Provide policies, frameworks, and guidelines for Social Facilitation according to governance and institutional structures.

– Facilitate the procurement of SF services. Monitor the performance and deliverables of SF service providers.

– Establish and facilitate the Project Steering Committee.

– Define target areas and groups. The employer is involved in identifying the project’s target and project areas from which targeted labour and enterprises can be employed and subcontracted, respectively. The employer also defines the target groups for inclusion in tender documents.

– Set the strategic context for contract participation goals.

– Undertake initial community engagement and induction of Social Facilitator.

– Facilitate the establishment of community representative structures

– Seek agreement with the community on key social aspects

– Provide input and oversight in social facilitation processes

– Take cognisance of social facilitation tools and processes

– Hold its staff accountable for social facilitation deliverables

– Consult on stakeholder representation in the PSC

– Define the principles for project liaison.

– Ensure community engagement from project conceptualisation.

iii. Construction Project Manager

– Ensures integration of Social Facilitation programmes into Project Programme and implementation thereof. Ensures that there are the necessary budgetary and resource allocations for the successful delivery of the integrated programme.

– Contribute to preliminary studies and concept development

– Contribute to the development of strategic plans and provide solutions based on their expertise.

– Participate in the development of social engagement facilitation and stakeholder engagement works programmes.

– Is co-responsible for successful project Stakeholder and Community liaison as a party to the PSC.

– Plays a supporting role to the Contractor in implementing Targeted Labour and Enterprise goals.

– During the design phase, must ensure that the Engineer undertakes a preliminary skills and resources audit

– Involved in the acceptance of the Contractor’s Contract Participation Goal Plan.

– Involved in the decision-making and quality control of the Training and Skills Development Programme (TSDP)

iv. Construction Manager

Ensures implementation of all development, procurement, and training programmes in the greater Social Facilitation Programme, while monitoring and tracking risks, performance, and quality.

v. Social Facilitators

– Develop the Social Facilitation programme and manage stakeholder engagement and community involvement. Engage and coordinate all necessary activities for the social facilitation programme with affected communities.

– Ongoing social facilitation management and coordination, such as establishing communication with stakeholders, coordinating communication between them, providing a link between local community structures and the project task team, and organising community meetings.

– Provide updates and analysis on project-related actions and produce close-out reports

– Work with and interface with the community, establishing principles of engagement based on equal inclusion.

– Solicit community and key stakeholder mobilisation, buy-in, and ownership of proposed developments through continuous engagement and dialogues.

– Development of intelligence to prevent conflicts by identifying feasible intervention strategies

– Encourage communities to be active and involved in managing their development

– Build good working relationships between government, communities, stakeholders, and investors to promote trust and stability.

– Facilitate the localisation of talent and utilisation of local resources.

– Negotiate and protect the land tenure and property rights of rural communities.

– Prioritise local talent who are familiar with the community and local issues.

– Ensure coordination and linkages amongst government and various stakeholders.

– Develop strategic social engagement facilitation throughout the life cycle of a development.

– Support participatory development through community empowerment initiatives.

– They facilitate preliminary studies and concept design with informative meetings.

– Ensure information flow between communities, stakeholders, and SMMEs.

– Advise on stakeholder engagement facilitation approaches.

– Drive community awareness campaigns.

– Responsible for the overall management of social engagement facilitation, preliminary studies, and reporting.

vi. Project Steering Committee

Established to facilitate and obtain agreement on community participation. The roles and responsibilities of all stakeholders within the PSC are defined through a comprehensive Terms of Reference with rules of engagement. The PSC will also be bound to a Memorandum of

Understanding, which will govern its powers and engagement with the employer. The key roles and responsibilities of the PSC are as follows:

a) Liaison/Communication Channel

– Act as a bridge between the project team and key stakeholders (e.g., community members, government bodies, businesses).

– Ensure clear, transparent, and timely communication on project progress, challenges, and decisions.

b) Advisory Body

– Provide feedback, suggestions, and local knowledge to support informed decision making.

– Help identify and mitigate potential risks or community concerns early on.

c) Monitoring and Oversight

– Track project milestones, timelines, and adherence to agreed goals.

– Ensure that community and stakeholder interests are being considered throughout the project lifecycle.

d) Conflict Resolution

– Serve as a forum for addressing issues or concerns raised by stakeholders.

– Mediate disputes between the project team and affected groups if necessary.

e) Community Engagement

– Organize or facilitate public meetings, surveys, or outreach initiatives.

– Ensure inclusive participation, especially from marginalized or underrepresented groups.

f) Reporting

– Regularly report to stakeholders on project status, community feedback, and committee activities.

vii. Contractor Obligations

The contractor’s responsibilities are regarding targeted labour recruitment, enterprise selection, and risk management. Contractors have several key roles and responsibilities in social facilitation within infrastructure projects. These can be broadly categorised as follows:

a) Participation in Communication and Liaison Structures:

– Contractors are required to participate in PSCs established by the employer to create a platform for project communication with stakeholders and affected communities.

– A responsible person from the contractor’s site personnel must be delegated to participate in the PSC and its business.

– Contractors need to provide the PSC with any assistance and information it requires to execute its duties, including training, meeting venues on site, and Target Group reports.

– The PSC serves as the official communication channel that the contractor must utilise to facilitate harmonious relationships with project stakeholders and affected communities.

– Contractors are accountable, as PSC members, to disseminate project information discussed at PSC meetings to the entities they represent.

b) Facilitating Targeted Labour and Enterprise Participation:

– Contractors are responsible for the selection, recruitment, and employment of Targeted Labour from databases compiled with the assistance of the Social Facilitator and input from the PSC. This remains the sole responsibility of the contractor, and the Employer’s requirements do not relieve the contractor of these obligations.

– Contractors need to compile a Targeted Labour Database for the Target Area(s).

– Contractors are responsible for subcontracting with Targeted Enterprises to meet CPGs. This also remains the contractor’s sole responsibility.

– Contractors must develop and implement a CPG Plan detailing how they intend to achieve the CPG targets. This plan needs to be accepted by the Construction Project Manager and Client.

– This process includes activities like compiling subcontract work packages, conducting market analysis, calling for expressions of interest, establishing a Targeted Enterprise Helpdesk, compiling a preliminary database, and finalising the CPG Plan.

– Contractors are expected to enhance the readiness of Targeted Enterprises by providing guidance on statutory requirements and the tender process through the Helpdesk and tender briefing sessions.

– The contractor must conduct tender processes for Targeted Enterprise subcontracting using government principles.

– The contractor is responsible for ensuring formal contracting arrangements are in place with Targeted Enterprise Subcontractors.

c) Addressing Community Concerns and Disputes:

– Contractors should facilitate labour, community, and contractor concerns.

– They are expected to identify possible labour disputes, unrest, strikes, etc., in advance and assist in their resolution.

– Contractors should be proactive in identifying project stakeholder and affected communities’ requirements, disputes, unrest, strikes, etc., and bring it to the attention of the PSC.

– They may play a facilitating role in resolving disputes between the parties to the PSC.

d) Supporting Training and Skills Development:

– Contractors are required to provide adequate training, coaching, guidance, mentoring, and assistance to Targeted Labour and Targeted Enterprises to ensure skills development within the Construction Industry.

– They need to develop a Training and Skills Development Programme.

– Contractors should identify relevant training required by the Targeted Labour.

– They must provide opportunities for structured workplace learning for Learners.

e) General Responsibilities and Obligations:

– Contractors must execute stakeholder and community engagement based on the Employer’s social facilitation principles and processes.

– They are responsible for ensuring that conditions of employment and subcontracting are applied fairly and transparently.

– Contractors need to provide the PSC with necessary pre- and post-tender information related to Targeted Enterprise subcontracting.

– They have general obligations towards subcontracted Targeted Enterprises, such as assisting with quality assurance systems and providing support.

– Contractors should give reasonable warning to Targeted Enterprises for any contraventions of the subcontract agreement and assist them in rectifying the issues.

– The contractor’s attention is drawn to the objective of maximising labour content in certain operations.

– Contractors may be expected to demonstrate a willingness to actively participate in corporate social investment (CSI) initiatives for local communities.

– It is important to note that while the Employer may establish structures like the PSC and provide a Social Facilitator, these actions do not relieve the Contractor of their obligations under the contract regarding social facilitation, Targeted Labour, and Targeted Enterprises.

7. CONCLUSION

The ISFF aims to standardise and enhance community engagement practices in South African infrastructure projects. The framework combines best practices to guide stakeholder management, conflict resolution, and local economic empowerment. It emphasises early community involvement, transparent communication, and the use of local resources. With a focus on adaptability and continuous improvement, it aims to build trust and ensure infrastructure projects meet the socioeconomic needs of communities.

8. LIST OF SOURCE DOCUMENTS

• DPWI Social Facilitation Guideline for Infrastructure Delivery

• CIDB Standard for Contract Participation Goals

• DBSA IDD Framework for Development Facilitation

• MISA Social Facilitation Report

• SANRAL Stakeholder and Community Liaison and Targeted Labour and Targeted Enterprises Utilisation and Development

• South African Cities Network (SACN) Guidelines for Including Local SMMEs and Managing Unlawful Site Disruptions

• IDT – Integrated Social Facilitation Implementation Guide

• HDA TORS for Appointment of a Social Facilitator / Community Liaison Officer

• Durban Declaration of Crime Free Construction Sites

• Framework for Infrastructure Delivery and Procurement Management

• CIDB Standard for Uniformity in Construction Procurement

• Cabinet-approval Note on Social Facilitation – May 2021

• Costing Model Annexure compiled on the current status quo of DPWI/IDT/ASEFSA work

LINK TO FULL NOTICE

Project and Construction Management Professions Act: Integrated Framework for Social Facilitation: Comments invited

G 52787 BN 789

– Comment by 20 Jun 2025

02 June 2025

52787bn789.pdf

ACTION

Please ensure that you submit your comments before 20 June 2025

LAW AND TYPE OF NOTICE

Project and Construction Management Professions Act:

Fees and charges for April 2024 to 31 March 2025

G 52781 BN 788

30 May 2025

APPLIES TO: 

Construction Industry

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Project and Construction Management Professions Act: Fees and charges for April 2024 to 31 March 2025

G 52781 BN 788

30 May 2025

52781bn788.pdf

LAW AND TYPE OF NOTICE

Geomatics Profession Act: Regulations:

Geomatics Profession

G 52781 GoN 6258

30 May 2025

APPLIES TO: 

Government and Regulatory Bodies

• Department of Agriculture, Land Reform and Rural Development – As the issuing authority.
• South African Geomatics Council (SAGC) – Central regulatory body responsible for registration, discipline, and oversight.
• Department of Mineral Resources – Involved in nominating professionals for Council positions.

Professional and Industry Organizations

• Geomatics firms and consultancies – Especially those offering surveying, mapping, GIS, and spatial data services.
• Voluntary associations representing geomatics professionals – These may nominate members to the Council.
• Legal and disciplinary bodies – Involved in tribunal and appeal processes.

Educational Institutions

• Universities and colleges offering geomatics, surveying, or GIS programs – Especially those involved in curriculum development or professional training.
• Council on Higher Education – Nominates members to the Education and Training Committee.

Registered Professionals

• Geomatics Professionals (GPr)
• Geomatics Technologists (GTg)
• Geomatics Technicians (GTc)
• Candidate Geomatics Practitioners

These individuals must comply with CPD requirements, ethical standards, and disciplinary procedures.

Public and Civil Society

• Members of the public – Can lodge complaints or nominate Council members.
• Organizations or NGOs – May also submit complaints or participate in public consultations.

SUMMED UP

The regulations aim to govern the professional conduct, registration, disciplinary procedures, and continued professional development (CPD) of geomatics professionals in South Africa.

Contents Overview

1.     Definitions – Clarifies terms like CPD, Tribunal, Investigating Officer, etc.

2.     Disciplinary Tribunal – Structure and function of the tribunal handling professional misconduct.

3.     Lodgement of Complaint – Procedures for filing complaints against registered persons.

4.     Summons and Subpoena – Formats and requirements for legal notices.

5.     Fines – Tribunal may impose fines up to R50,000.

6.     Hearing Procedures – Rights of the accused, evidence rules, and hearing conduct.

7.     Investigating Officers – Criteria for appointment.

8.     Council Member Removal – Grounds and process for removing a council member.

9.     Nominations – Process for nominating members to the Council and Appeal Board.

10.   Council Committees – Formation and governance of committees.

11.   Education and Training Committee – Composition and appointment.

12.   Records Maintenance – Public access to registration records and updates.

13.   CPD Requirements – Minimum credits and categories for professionals, technologists, and technicians.

14.   Appeal Procedures – Appeal Board processes and documentation requirements.

Forms Included

• Form 3: Nomination for Appeal Board
• Form 4: Nomination for Council
• Form 5.1A: Summons to appear before the Tribunal
• Form 5.1B: Subpoena to appear before the Tribunal

FULL TEXT

DETAILS

 Click on the link provided below to view the forms.

LINK TO FULL NOTICE

Geomatics Profession Act: Regulations: Geomatics Profession

G 52781 GoN 6258

30 May 2025

52781gon6258.pdf

ACTION

Government and Regulatory Bodies

Department of Agriculture, Land Reform and Rural Development

• Facilitate public participation: Ensure the public is aware of the 30-day comment period and encourage submissions.
• Coordinate nominations: Oversee the nomination and appointment process for Council and Appeal Board members.
• Implement oversight mechanisms: Prepare for enforcement and monitoring of the new regulations.

South African Geomatics Council (SAGC)

• Establish and train the Disciplinary Tribunal.
• Update registration systems: Ensure public access to practitioner records.
• Develop CPD rules: Define credit allocations and acceptable activities.
• Form committees: Especially the Education and Training Committee.
• Prepare for appeals: Set up procedures and infrastructure for the Appeal Board.

Professional and Industry Organizations

Geomatics Firms and Consultancies

• Educate staff on the new CPD requirements and disciplinary procedures.
• Support registration: Ensure all practitioners are properly registered and compliant.
• Encourage participation: Nominate qualified individuals for Council and Appeal Board roles.

Voluntary Associations

• Disseminate information to members.
• Coordinate nominations for Council representation.
• Provide CPD opportunities aligned with the new rules.

Educational Institutions

• Align curricula with professional standards.
• Nominate representatives to the Education and Training Committee.
• Collaborate with SAGC on CPD and training initiatives.

Registered Professionals

• Track CPD credits: Ensure compliance with the 5-year cycle requirements.
• Understand disciplinary procedures: Know your rights and obligations.
• Verify registration status: Ensure your information is accurate and up to date.

Public and Civil Society

• Submit comments on the draft regulations within the 30-day window.
• Lodge complaints if aware of misconduct by registered professionals.
• Nominate members to the Council or Appeal Board if eligible.

LAW AND TYPE OF NOTICE

Geomatics Profession Act: South African Geomatics Council:

Extension of term for members and alternate member

G 52781 GoN 6259

30 May 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Geomatics Profession Act: South African Geomatics Council: Extension of term for members and alternate member

G 52781 GoN 6259

30 May 2025

52781gon6259.pdf

CUSTOMS AND EXCISE

LAW AND TYPE OF NOTICE

Customs and Excise Act:

Imposition of Provisional Payment (PP/174): Correction

G 52791 RG 11841 GoN 6274

02 June 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Customs and Excise Act: Imposition of Provisional Payment (PP/174): Correction

G 52791 RG 11841 GoN 6274

02 June 2025

52791rg11841gon6274.pdf

LAW AND TYPE OF NOTICE

Customs and Excise Act:

Amendment of Schedule No. 1 (No. 1/1953) (English / Afrikaans)

G 52750 RG 11838 GoN 6224

30 May 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Customs and Excise Act: Amendment of Schedule No. 1 (No. 1/1953) (English / Afrikaans)

G 52750 RG 11838 GoN 6224

30 May 2025

52750rg11838gon6233.pdf

ENERGY AND PETROLEUM

LAW AND TYPE OF NOTICE

National Nuclear Regulator Amendment Act: Commencement

G 52810 P 266

04 June 2025

APPLIES TO: 

1. Nuclear and Radiation Facilities

• Operators of nuclear power plants (e.g., Koeberg Nuclear Power Station).
• Medical facilities using radiation for diagnostics or treatment.
• Industrial users of radioactive materials (e.g., mining, manufacturing, and construction sectors).

2. South African National Defence Force (SANDF)

• The Act specifically includes provisions for the decontamination, decommissioning, and repurposing of SANDF facilities, equipment, and materials for civilian use

3. Aviation Industry

• Airlines and aviation authorities are now subject to regulation concerning occupational exposure to cosmic radiation for aircrew operating below 49,000 feet

4. Foreign Naval Forces

• The Act exempts foreign state naval vessels from certain permit and inspection requirements under the Defence Act, acknowledging the sensitivity of military disclosures

5. Radiation Workers and Employers

• Employers of radiation workers must now comply with new requirements related to the National Dose Register and a centralised database for tracking radiation exposure

6. Environmental and Waste Management Companies

• Organizations involved in the rehabilitation, decommissioning, and waste management of nuclear or radiation-related facilities must now provide financial provisions for these activities.

7. Regulatory and Inspection Bodies

• The National Nuclear Regulator itself gains expanded powers, including the ability to impose administrative fines and conduct more comprehensive inspections

SUMMED UP

Amended or Inserted Sections in the 2024 Amendment Act

1.     Section 1 – Definitions:

·       Deleted: The definition of “action”.

·       Inserted: New definitions such as “activity”, “radiation worker”, “National Dose Register”, and others to broaden the scope of regulatory oversight

2.     Section 2 – Objects of the Regulator:

·       Expanded to include new regulatory functions, including oversight of military-to-civilian transitions of nuclear materials and facilities.

3.     Section 5 – Functions of the Regulator:

·       Enhanced to allow the Regulator to establish and maintain the National Dose Register and a centralised database of radiation workers.

4.     Section 26 – Financial Provision:

·       Introduced requirements for financial provisioning for decommissioning, rehabilitation, and closure of nuclear facilities.

5.     Section 38 – Powers of Inspectors:

·       Expanded to grant inspectors additional authority in conducting inspections and enforcing compliance.

6.     Section 47 – Administrative Fines:

·       Introduced the concept of administrative fines for non-compliance, giving the Regulator more enforcement tools.

7.     New Provisions:

·       Decontamination and decommissioning of SANDF facilities for civilian use.

·       Regulation of cosmic radiation exposure for aircrew below 49,000 feet.

·       Exemptions for foreign naval vessels under specific conditions.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

National Nuclear Regulator Amendment Act: Commencement

G 52810 P 266

04 June 2025

52810proc266.pdf

ACTION

1. Expanded Regulatory Oversight

Organizations involved in nuclear or radiation-related activities will face stricter compliance requirements:

• Medical, industrial, and research facilities using radioactive materials must now comply with updated safety protocols and reporting obligations.
• Airlines must monitor and report cosmic radiation exposure for aircrew flying below 49,000 feet

2. New Safety and Decommissioning Obligations

Entities operating nuclear or radiation facilities must:

• Provide financial guarantees for decommissioning, rehabilitation, and closure of facilities.
• Submit detailed plans for the safe repurposing of equipment and infrastructure, especially if transitioning from military to civilian use

3. Centralised Radiation Worker Database

Employers of radiation workers (e.g., hospitals, mining companies, nuclear plants) must:

• Register employees in the National Dose Register.
• Track and report individual radiation exposure to a centralised database

4. Increased Enforcement Powers

The Regulator now has:

• Authority to impose administrative fines for non-compliance.
• Expanded powers for inspections and investigations, including unannounced visits

5. Defence and Foreign Naval Provisions

• SANDF must comply with new rules for decontaminating and decommissioning military nuclear assets for civilian use.
• Foreign naval vessels are exempt from certain inspections, easing diplomatic and operational constraints

Organizational Impact Summary

LAW AND TYPE OF NOTICE

National Energy Regulator of South Africa:

Regulatory Rules on Network Charges for Third-Party Wheeling of Energy: Version 1

G 52781 GoN 6263

30 May 2025

APPLIES TO: 

1. Network Service Providers (NSPs)

These are entities that own and operate the electricity transmission and distribution networks.

• Eskom (including its transmission and distribution divisions)
• National Transmission Company of South Africa (NTCSA)
• Municipal electricity distributors (e.g., City Power, eThekwini Electricity, etc.)

Impact:
They must:

• Allow third-party access to their networks.
• Develop and publish wheeling policies/by-laws.
• Implement unbundled tariffs.
• Ensure accurate metering, billing, and reconciliation.
• Facilitate contractual arrangements and compliance.

2. Generators

These include:

• Independent Power Producers (IPPs)
• Embedded generators (e.g., commercial solar PV installations)
• Municipal or private generators

Impact:
They must:

• Register or be licensed by NERSA.
• Enter into Connection and Use-of-System Agreements.
• Comply with technical and legal standards.
• Pay connection and use-of-system charges.

3. Off-takers (Buyers of Wheeled Energy)

These are:

• Corporate entities (e.g., mines, factories, shopping malls)
• Municipalities
• Large commercial or industrial electricity users

Impact:
They must:

• Amend their Electricity Supply Agreements.
• Pay applicable wheeling charges.
• Participate in reconciliation and billing processes.

4. Traders

Entities licensed to buy and sell electricity as a commercial activity.

Impact:
They must:

• Obtain a trading licence from NERSA.
• Facilitate PPAs and wheeling transactions.
• Coordinate with NSPs and off-takers.

5. Regulatory and Policy Bodies

• NERSA (National Energy Regulator of South Africa)
• Department of Mineral Resources and Energy (DMRE)
• Municipal councils (for approving surcharges and by-laws)

Impact:
They are responsible for:

• Approving tariffs and wheeling credit rates.
• Ensuring compliance with the Electricity Regulation Act and Pricing Policy.
• Resolving disputes and enforcing rules.

SUMMED UP

To establish updated rules for network charges related to third-party wheeling—where a generator sells electricity to a buyer using a network owned by a third party (e.g., Eskom or a municipality). These rules replace the outdated 2012 framework.

Key Objectives:

• Ensure non-discriminatory access to electricity networks.
• Promote cost-reflective, transparent tariffs.
• Support renewable energy and a just energy transition.
• Provide regulatory certainty and standardisation across the sector.

Scope of Application:

Applies to:

• Generators (including IPPs)
• Off-takers (corporate or municipal customers)
• Traders
• Network Service Providers (NSPs) like Eskom, NTCSA, and municipalities

Wheeling Scenarios Covered:

1.     Generator and off-taker both on Eskom/NTCSA network.

2.     Generator on Eskom/NTCSA, off-taker on municipal network.

3.     Both generator and off-taker on the same municipal network.

Each scenario requires specific agreements (e.g., PPAs, Use-of-System Agreements).

Tariff and Charges Framework:

• Unbundled tariffs: Separate charges for energy, network use, admin, losses, and subsidies.
• Wheeling credit rates: Based on NSP’s avoided costs.

• Two billing options:
  • Credit/refund method
  • Netting method

Legal and Contractual Requirements:

• Generators and traders must be licensed or registered with NERSA.

• NSPs must:
  • Develop wheeling policies/by-laws.
  • Ensure proper metering and billing.
  • Facilitate contract standardisation and transparency.

NSP Responsibilities:

• Publish wheeling policies.
• Streamline application and approval processes.
• Track and monitor wheeling impacts.
• Ensure fair access and resolve disputes.

Effective Date:

• Approved on: 3 March 2025
• Effective from: Date of publication in the Gazette (30 May 2025)

FULL TEXT

DETAILS

DEPARTMENT OF MINERAL RESOURCES AND ENERGY

NO. 6263 30 May 2025

REGULATORY RULES ON NETWORK CHARGES FOR THIRD-PARTY WHEELING OF ENERGY

Version 01

Approved 03 March 2025

Issued by National Energy Regulator of South Africa

526 Madiba Street

Arcadia, Pretoria

0007

Table of Contents

DEFINITIONS

ABBREVIATION

1. INTRODUCTION

2. LEGAL MANDATE

3. THE CONCEPT OF WHEELING

4. WHEELING SCENARIOS

5. OBJECTIVES OF THE RULES

6. QUALIFYING CRITERIA

7. GENERAL PRINCIPLES OF THIRD-PARTY WHEELING

8. CONDITIONS TO ALLOW THIRD-PARTY WHEELING

9. TARIFF UNBUNDLING

10. SERVICE AND ADMINISTRATION CHARGE

11. CONTRIBUTION TO SUBSIDIES AND SURCHARGES

12. CONNECTION CHARGES

13. COMPENSATION MECHANISM FOR THIRD-PARTY WHEELING

14. CONTRACTUAL ARRANGEMENTS

15. NETWORK SERVICES PROVIDER (NSP) RESPONSIBILITIES

16. RIGHTS OF ACCESS

17. DISPUTES

18. TITLE OF THESE RULES AND COMMENCEMENT

DEFINITIONS

1. INTRODUCTION

1.1 The National Energy Regulator of South Africa (NERSA) is a regulatory authority established as a juristic person in terms of section 3 of the National Energy Regulator Act, 2004 (Act No. 40 of 2004). NERSA’s mandate is to regulate the electricity, piped-gas and petroleum pipeline industries in terms of the Electricity Regulation Act, 2006 (Act No. 4 of 2006), Gas Act, 2001 (Act No. 48 of 2001) and Petroleum Pipelines Act, 2003 (Act No. 60 of 2003).

1.2 The Electricity Regulation Act, 2006 (Act No. 4 of 2006) (‘the ERA’ or ‘the Act’) defines trading as ‘wholesale or retail buying and selling of electricity as a commercial activity’. The ERA further provides that certain commercial activities must be registered rather than licensed.

1.3 Pursuant to its obligations under section 35 of the ERA, NERSA published the Regulatory Rules on Network Charges for Third-Party Transportation of Energy (‘2012 Third-Party Network Charges Rules’) to regulate the pricing of network access and transportation of electricity across transmission and distribution systems.

1.4 These rules included the methodologies for developing transmission and distribution use-of-system charges. However, as NERSA has developed new transmission and distribution tariff codes, the methodologies described in the 2012 rules have become obsolete. The 2012 rules also do not describe how other parties could access the grid and the type of contracts they should sign with transmission and distribution system owners (what is usually called a Transmission/Distribution Use-of-System Agreement).

1.5 The amendment is intended to determine applicable charges for the use of the system by both generators and loads connected to the transmission and/or distribution network within the Republic of South Africa and to allow other parties to access the networks.

1.6 The use-of-system (UoS) charges are charges meant to recover the costs associated with the use of, and making capacity available on, an electricity network. These charges are the unbundled regulated tariffs, charged by the Transmission or Distribution Licensee as a network service provider for making transmission or distribution capacity available to generators and loads.

1.7 The application of UoS charges allows for the recovery of the fixed, capital, operation and maintenance (O&M) costs, recovery of distribution and transmission losses and costs for ancillary services procured by the system operator. These UoS charges do not recover connection charges, which should be charged separately before connecting to the network.

1.8 These rules stipulate the requirements that must be met for the wheeling of energy by affected parties.

2. LEGAL MANDATE

2.1 The nexus between the Electricity Regulation Act and the Electricity Pricing Policy creates an obligation on the part of NERSA to consider the applicable provisions when regulating and/or developing regulatory instruments. The obligation referred to enables rationality and efficiency, and the effective execution of the mandate and development of rules. It is proper to locate the power to develop rules within the confines of the ERA, so that the assumption of appropriating powers which NERSA does not have, is dispelled.

2.2 Section 4(a)(iv) of the ERA mandates NERSA to develop rules aimed at giving effect to national government electricity policy and this general mandate on the specific policy requires the evaluation of such policy to align with the specificity provided in the policy to avoid expanding the policy or being at variance with such a policy.

2.3 Policy position 5 of the Electricity Pricing Policy (EPP) outlines the obligation placed on the network owner to allow third-party access and links such ability with having charges approved by NERSA. This sets out a reciprocal relationship between the powers of NERSA to approve what a licensee is supposed to charge, and a licensee only having to charge that which NERSA has approved. The policy goes further to require NERSA to develop a methodology for transmission and distribution wheeling. With this identifiable obligation, section 4(a)(iv) requires that such should be done through the development of rules.

2.4 Rules once developed and gazetted are binding to all licensees, as opposed to utilising section 14 of the ERA. The latter will only be binding on such licensees for which a condition has been made applicable, while the former is a subordinate/delegated legislation generally applicable. The requirement of making the rules avoid regulatory inefficiency despite the law being clear on the prohibitions against any licensee and for NERSA not being derelict to the requirement of the law.

2.5 The further objective necessitating the development of these rules is found in section 2(a), (b) and (f) of the ERA, which guides in terms of the regulatory achievements expected. When these rules are made universally applicable, deviations can be easily identified and enforcement speedily raised.

2.6 It is important to note that these rules will assist licensees in the exercising of their discretion in allowing third-party access, as required by section 21(2), (3) and (4). Subsection 4 requires a licensee to comply with any rule and tariff to be charged, giving effect to the contribution to the strengthening or upgrading of such a system. The restriction of a tariff to be charged is embodied in section 15(2), with such restriction placed on a licensee with regard to the absence of discretion, but only by such a tariff approved by NERSA.

2.7 For the proposed rules to have an external binding legal effect, section 35(1) of the ERA requires that a notice must be published in the Gazette. This will ensure the completeness of the process of the development of rules as a delegated function, which forms part of the statutory framework administered by NERSA.

2.8 The outline of the legal mandate seeks to reflect on the mandate, jurisdiction and the process that must be observed in finalisation of the development of the rules. Any potential legal challenge that may be brought by any person can easily be dispelled because the fundamental aspects forming part of the development of rules are observed.

3. THE CONCEPT OF WHEELING

Wheeling is the financial transactions representing the delivery of electrical energy over a network. UoS charges are paid by consumers and generators connected to the grid and is independent of whether wheeling takes place or not. Wheeling requires retail-only costs to be recovered, and only by the NSP’s at point of connection. [e.g. a municipal NSP or Eskom/the National Transmission Company of South Africa (NTCSA)].

4.1 Scenario 1: Generator connected to an Eskom/NTCSA network wheeling to a customer connected to an Eskom/NTCSA network as an off-taker In this wheeling scenario (see Figure 2), the wheeled energy travels across Eskom’s network, meaning that UoS charges will be paid for Eskom’s transmission and/or distribution network. This scenario requires the generator to comply with Eskom’s connection requirements and the generator must apply to Eskom for the grid connection

The following suggested agreements must be in place in this scenario:

• An Electricity Supply Agreement for the payment of NERSA-approved charges for the delivery of energy and the purchase of energy from Eskom.

• An amendment to the electricity supply agreement to reflect the wheeled energy and the wheeling charges/credits on the off-taker’s bill.

• A Connection and Use-of-System Agreement between the generator and Eskom to reflect the allocation of the total energy exported to the grid to be credited to the off-taker.

• A Power Purchase Agreement (PPA) between the generator or trader and the off-taker (required by NERSA for registration).

4.2 Scenario 2: Generator connected to an Eskom/NTCSA network wheeling to a customer connected to a municipal network as an off-taker In this wheeling scenario (see Figure 3), the wheeled energy travels across Eskom’s and the municipality’s networks, meaning that UoS charges will be paid for Eskom’s transmission and/or distribution network and the municipality’s distribution network. This scenario requires the generator to comply with Eskom’s connection requirements, and the generator must apply to Eskom for the grid connection.

The following suggested agreements must be in place in this scenario:

• An Electricity Supply Agreement between Eskom and the Municipal Licensee for the payment of NERSA-approved charges for the delivery of energy and the purchase of energy from Eskom.

• An amendment to the electricity supply agreement to reflect the wheeled energy and the wheeling charges/credits on the municipal Licensee’s bill.

• An amended Electricity Supply Agreement between the municipal Licensee and the off-taker within the municipality to reflect the wheeling charges/credit on the off-takers’ bill.

• A Connection and Use-of-System Agreement between the generator and Eskom to reflect the allocation of the total energy exported to the grid to be credited to the municipal Licensee and in turn the off-taker.

• A Power PPA between the generator or trader and the off-taker (required by NERSA for registration).

4.3 Scenario 3: Generator connected to a municipal network wheeling to a customer connected to the same municipal network as an off-taker In this wheeling scenario (see Figure 4), the wheeled energy does not travel across Eskom’s network, meaning that only the municipality’s distribution UoS charges must be paid. This scenario requires the municipality to process the generator’s connection application, as it will be connected to the municipality’s grid.

Suggested agreements in this scenario include:

• The generator has a Connection and Use-of-System Agreement with the municipality.

• A new Electricity Supply Agreement must be in place, or the off-taker must sign an amended Electricity Supply Agreement with the municipality to reflect the wheelied energy on the bill.

• A PPA between the generator or trader and the off-taker (required by NERSA for registration).

5. OBJECTIVES OF THE RULES

These rules seek to achieve the following objectives:

5.1 Non-discriminatory access: Promoting non-discriminatory access to and use of the networks by all existing and potential customers.

5.2 Cost reflectivity of charges: Emphasising that tariffs must reflect the cost of providing a service as far as possible, based on the relative utilisation of the networks.

5.3 Fairness and equity: Balancing the needs of all customers and licensees (the NTCSA and NSPs) on a fair and equitable basis through tariffs that are non discriminatory (unless otherwise determined by NERSA).

5.4 Transparency: Supporting that tariff structures should be unbundled to reflect the true cost and cost drivers of the licensed activity, including any approved subsidies and levies.

5.5 Network reliability and security: Ensuring that third-party wheeling does not compromise the overall reliability and security of the network.

5.6 Incentivising a just energy transition: Enabling customers to achieve their green energy targets by purchasing renewable energy through a wheeling transaction.

5.7 Standardisation: Supporting standard approaches across NSPs enhances ease of doing business.

5.8 Regulatory certainty: Ensuring that all electricity-related activities are duly regulated by NERSA for non-discriminatory access to the network by all generators and loads.

6. QUALIFYING CRITERIA

6.1 NSP shall allow generators at low, medium and high-voltage level to participate in wheeling transactions.

6.2 The NSP shall consider the generator connection with due consideration of the characteristics of the existing electricity network.

7. GENERAL PRINCIPLES OF THIRD-PARTY WHEELING

The following principles shall apply to third-party wheeling transactions:

7.1 Rights of access to the network (being the connection to and use of) granted by NSPs to customers (both loads and generators) are subject to the licensee’s ability to connect customers in compliance with the Act, the licensee’s licence, the Electricity Supply Agreement and the Connection and Use-of-System Agreement.

7.2 Use-of-system charges shall not be avoided by a third-party wheeling transaction, and such use-of-system charges shall not discriminate between customers supplied by the licensee and those supplied through bi-lateral or multi-lateral transactions.

7.3 An NSP licensee may raise incremental administration charges for a thirdparty wheeling transaction or incremental connection charges if additional capacity is being required.

7.4 The NSP may be the buyer of the wheeled energy if the NSP has entered into a PPA with a seller for the purchase of wheeled energy from a generation facility that is not connected to the network owned by the NSP.

7.5 An NSP may be an intermediary to account for the wheeled energy between a generator that is not connected to its network and an off-taker connected within its network.

8. CONDITIONS TO ALLOW THIRD-PARTY WHEELING

The following conditions shall apply to third-party wheeling of energy:

8.1 All parties to the third-party wheeling transaction shall comply with all relevant laws and agreements, including the Connection and Use-of-System Agreement, the Electricity Supply Agreement and/or the amendment agreements dealing with wheeling required to be entered into to facilitate the third-party wheeling transaction.

8.2 The generator shall, as applicable, be licensed by NERSA or shall register the generation activity with NERSA.

8.3 The off-taker shall sign an amendment/addendum to the Electricity Supply Agreement entered with the NSP where the off-taker is connected.

8.4 The following activities require a licence prior to engaging in such activities:

8.4.1 Regulated entities involved in transmitting or distributing power in the Republic of South Africa through the relevant networks are required to have a licence issued by NERSA in accordance with section 7 of the Act.

8.4.2 Entities involved in trading within the Republic of South Africa shall obtain a NERSA-approved trading licence that enables buying and selling of electricity.

8.4.3 Entities involved in international export and import shall obtain a NERSA-approved import and export trading licence that enables buying and selling of electricity.

8.5 The following activities are listed under Schedule 2 of the Act as activities exempt from licensing, but require registration with NERSA:

8.5.1 Resellers are permitted to engage in reselling activities and wheeling, subject to compliance with Schedule 2 of the Act and the NERSA Resellers’ Guidelines.

8.5.2 Independent Power Producer (IPP) generators that are involved in wheeling transactions, provided that such transactions do not include the sale of energy to an organ of state.

8.6 Use-of-system charges raised by the NTCSA and Distributor (referred to in section 6) shall be approved by NERSA.

8.7 As may be applicable, the generator and the buyer shall pay all charges associated with the third-party wheeling transaction.

8.8 NSPs may impose additional conditions, as they may deem necessary, provided these conditions do not contradict these Rules, the Act, the Codes, or the EPP.

9. TARIFF UNBUNDLING

9.1 Tariff unbundling is a key step towards developing and implementing a wheeling methodology that is fair and that will ensure revenue recovery of services provided.

9.2 Tariff unbundling at distribution level is needed to ensure that customers pay for the services they use [e.g. network charges (R/kVA), energy charges (c/kWh) and administration charges (R/customer)] and that they contribute appropriately to approved levies and surcharges.

9.3 Use-of-system charges are payable by generators and loads for the use of the transmission and distribution systems, respectively, as set out below:

9.3.1 Use-of-system charges for loads and generators

(a) Load and generator customers, who are network users, are subject to use-of-system charges, which are applicable regardless of whether the energy is sold by the NSP or purchased through third-party wheeling transactions.

(b) Use-of-system charges enable the licensee to recover the costs associated with the use of the network and other unavoidable charges.

(c) The tariffs for loads and generators shall comply with the principles in the EPP and the Codes, and be approved by NERSA in accordance with the Act.

9.3.2 Use-of-system charges for loads

(a) Use-of-system charges for loads include network charges, contribution to subsidies and surcharges (where applicable), losses charges, ancillary service charges and service and administration charges.

(b) The Tariff Codes and the EPP provide guidelines on how these charges can be raised and should be appropriately structured to recover capacity-related and any other costs. The charges shall be raised using the unbundled tariff charges, reflecting the different services provided with a separate credit/offset transaction for wheeled energy. Such charges are payable for all energy delivered.

(c) These charges should be explicit and transparent, and not hidden in other charges. Where they are hidden, the method described in paragraph 13 shall apply. These charges cannot be doubly raised, that is, hidden in the tariff charges and in addition explicitly raised as a separate charge.

9.3.3 Use-of-system charges for generators

(a) Generator use-of-system charges shall be NERSA-approved tariffs payable by a generator. Charges shall include network charges, surcharges, losses, ancillary services and service and administration charges.

(b) All network service providers shall calculate these charges based on a justifiable methodology in compliance with the Codes.

10. SERVICE AND ADMINISTRATION CHARGE

The NSP shall be entitled to recover any additional service and administration costs for the third-party wheeling transaction in accordance with the principles set out below.

10.1 The justification of the fair allocated costs and the tariff charges shall be done through a cost-of-supply study considering metering, billing, reconciliation, data management and other related costs.

10.2 Fair charges shall be justified by the NSP based on the above costs and approved by NERSA to cover further administrative costs.

11. CONTRIBUTION TO SUBSIDIES AND SURCHARGES

A non-discriminatory third-party wheeling transaction shall require:

11.1 that all network users should contribute to NERSA-approved subsidy-related charges based on a cost of supply study and in compliance with any policy framework, a clearly defined subsidy framework developed by the NSP; or

11.2 municipal council-approved surcharges irrespective of the source of the electrical energy.

12. CONNECTION CHARGES

12.1 Connection charges shall be payable by generators and loads.

12.2 These charges shall contribute to the upfront cost of the connection of the generation facility and other electrical infrastructure, including any network strengthening, and shall be raised in compliance with the Grid Codes.

13. COMPENSATION MECHANISM FOR THIRD-PARTY WHEELING

13.1 As all energy is delivered over the network and this energy will comprise a mix of energy sold by the NSP and the wheeled energy, there must be mechanism to be able to charge for and credit/refund this wheeled energy that has been delivered to the grid.

13.2 There are two ways of accounting for wheeled energy. One method is where a credit or refund is applied on the account at a wheeling credit rate tariff based on the NSP’s avoided cost. This is a tariff charge based on negative kWh for wheeled energy that has been supplied to the grid and that must be ‘given back’ to the buyer of the energy. The other method is where the wheeled energy is charged separately, but both methods should give the same results.

13.3 These methods are discussed further below. The following options can be used to determine the how wheeling can be treated on the bill:

(a) Option 1: Wholesale energy credits for wheeled energy

(i) Full tariff charges are raised for all the energy supplied through the meter, for both the NSP-sold energy and the wheeled energy. These tariffs include all approved fixed charges, and contributions to surpluses and subsidies.

(ii) The amount of wheeled energy is then credited as a separate transaction on the customer bill using the wheeled energy kWh allocated to the off-taker’s electricity bill, multiplied by a Wheeling Credit Rate Tariff.

(iii) The amount of wheeled energy is then credited (or refunded) as a separate transaction on the customer bill using the kWh allocated to the off-taker’s account, multiplied by the wheeling credit rate. It is a refund because the full energy delivered was charged for, but the wheeled energy did not belong to the NSP.

(iv) Before implementing the wheeling credit rate tariff, it must be justified by the NSP for approval by NERSA. This is not a commercial arrangement for a payment of energy by the NSP, but a refund to the customer for energy exported at one point of the grid and used by the NSP and, therefore, it must be refunded to the buyer.

(v) NERSA’s approval ensures that the credit rate is not discriminatory, is based on fair and equitable principles, promotes regulatory compliance and provides confidence in the tariff to be applied.

(vi) Using an approved wheeling credit rate tariff provides clarity and transparency regarding the financial aspects of the wheeling arrangement.

(vii) It serves as a benchmark for calculating the value of the wheeled energy and ensures that the off-taker receives proper compensation for the wheeled energy.

(viii) The amount of wheeled energy may not be greater than the consumed energy per time-of-use period. Excess energy may be sold to another party by the consumer/off-taker or generator, subject to the required approvals and/or agreements being in place.

(ix) The effective UoS charge for wheeled energy is therefore the full tariff charges (i.e. normal non-wheeling retail tariffs) minus the wheeling credit rate.

(x) The energy purchase price is based on the approved NSP’s avoided costs.

(xi) The technical line losses shall be based on the cost-of-supply study results.

(xii) The energy purchase price to be used is based on active energy charges payable at the wholesale level.

(xiii) The licensee will have the choice to do half-hourly, hourly, or monthly time-of-use reconciliation. Over time this should, however, evolve to be at least hourly.

(b) Option 2: Netting of consumption

(i) This option subtracts the wheeled energy from the Licensee-supplied energy, but other charges may need to be raised separately on the total energy delivered. Other charges (use of system including allowable subsidies) not associated with the wheeled energy will have to be raised separately on the total energy.

(ii) This requires fully unbundled tariffs, including loss factors.

(c) Calculating avoided energy cost

The following shall be considered when determining avoided cost:

(i) What the NSP pays for, including dispatchable energy per hour from their supplier(s), for every kWh that is avoided from being purchased (includes dispatchable and non-dispatchable) from such supplier(s) – this would be the avoided cost.

(ii) Avoided cost shall consider the cost or saving of technical line losses, such as the avoidance of paying upstream technical losses due to generation within a distribution Network.

14. CONTRACTUAL ARRANGEMENTS

The following contracts should be in place:

14.1 Connection and Use-of-System Agreement with the generator

(a) The Generator shall enter into an agreement with the NSP that outlines the terms and conditions for the connection to and the use of the network by the generator.

(b) The Connection and Use-of-System Agreement4 between the generator and the NSP should include details of the buyer(s) of the wheeled energy.

(c) The Connection and Use-of-System Agreement shall address the technical and operational aspects (code compliance, metering requirements, maintenance responsibilities and safety protocols) of connecting the generator’s facility to the network and using the network for wheeling the wheeled energy to the off-taker.

14.2 The agreement with the off-taker

(a) An agreement with the off-taker of the wheeled energy to account for the wheeled energy that flows onto the licensee’s network, but is not owned by the licensee, is required. This can be through the Electricity Supply Agreement or an amendment, via an addendum, to the existing Electricity Supply Agreement.

(b) The Electricity Supply Agreement outlines the responsibilities and obligations of both parties involved in the third-party wheeling transaction. It specifies, among others, the quantity of total electrical energy and demand to be supplied by the licensee, the duration of the agreement, pricing mechanisms, payment terms, and any other relevant provisions related to the arrangement.

(c) The addendum shall establish the terms and conditions under which the wheeled energy will be accounted for and supplied to the off-taker.

(d) By signing the amendment/addendum to the Electricity Supply Agreement, the off-taker acknowledges its commitment to receive the wheeled energy delivered by the licensee and the mechanism and tariff used to account for the wheeled energy. This agreement ensures transparency and proper tracking of the wheeling transaction, allowing for accurate billing and reconciliation processes.

14.3 The agreement with a trader or corporate entity

(a) Where the buyer is a trader or a corporate entity and is not the off-taker, the NSP may contract with the trader or corporate entity by concluding an agreement that deals specifically with the reconciliation of the wheeled energy.

(b) The off-takers will continue to have their required contractual agreements with the licensee, as applicable.

14.4 The agreement between the NSPs (NTCSA and Distributor)

(a) Where a third-party wheeling transaction is across the transmission and distribution networks, the agreement between the respective NSPs will have to recognise the wheeling from a generator connected to a transmission network and a customer connected to a distribution network.

15. NETWORK SERVICES PROVIDER (NSP) RESPONSIBILITIES

15.1 Third-party wheeling policy

(a) NSP shall develop third-party wheeling policies or wheeling by-laws (as approved by Eskom Distribution, NTCSA, Council and gazetted) that must be published by each licensee.

(b) Such policies or by-laws shall not contradict these Rules and must facilitate fair access, wheeling and the competitive trading of electricity.

15.2 Metering

(a) The NSP and third parties shall establish reliable metering arrangements to transparently measure the wheeled energy and determine how it is credited on the off-taker’s account.

(b) Metering and measurement shall comply with the latest approved version of NRS 049-5-2.

15.3 Streamlining wheeling agreement conclusion

The Distribution Licensee shall:

(a) develop and publish clear guidelines and timelines for the conclusion of facilitating wheeling arrangement and all required agreements;

(b) implement a standardised application process, including the requisite documentation and forms;

(c) provide training and support to licensees’ resources to ensure their understanding of the wheeling application process and of their responsibilities;

(d) implement an automated tracking system to monitor the progress of each wheeling application and ensure timely completion; and

(e) implement an automated wheeling application process, where possible.

15.4 Ensuring correct contracts and approval

The NSP shall:

(a) create a checklist or template for contract population to ensure all required information is accurately included;

(b) establish a review process to verify the completeness and accuracy of populated contracts before submission for approval;

(c) clearly define the approval hierarchy and governance processes for contract approval; and

(d) implement a document management system to track the flow of contracts through the approval process and ensure all stakeholders are informed of the status.

15.5 Tracking and monitoring

The NSP shall:

(a) utilise a centralised tracking system or project management software to monitor the status and progress of wheeling agreements, contracts and associated tasks;

(b) establish key milestones and deadlines to ensure tasks are completed within the set time frames;

(c) assign responsible individuals or teams to each task and regularly communicate and follow up on their progress; and

(d) implement regular reporting mechanisms to provide visibility on the overall status of and any bottlenecks in the process.

15.6 Estimating and quantifying utility impacts

The NSP shall:

(a) develop a standardised process for estimating and quantifying the impact of wheeling on customers and the generator/off-taker/trader.

(b) define clear parameters and methodologies for conducting impact assessments, considering factors such as energy consumption, load profiles and tariff structures;

(c) establish a dedicated team or department responsible for conducting impact assessments and providing accurate calculations;

(d) communicate the estimated impacts to customers and the generator/offtaker/ trader in a clear and transparent manner, highlighting any potential changes to cost or service;

(e) establish guidelines for maintaining neutrality or minimising the impact on the generator/off-taker/trader during the wheeling process;

(f) develop mechanisms to identify and address any negative impact on the generator/off-taker/trader promptly;

(g) promote collaboration between IPPs, off-takers and traders to assist the generator/off-taker/trader in revising its cost of supply through resource contributions or cooperative data collection; and

(h) facilitate the engagement of all parties in NERSA processes related to tariff approvals, ensuring their active participation and support.

16. RIGHTS OF ACCESS

16.1 All generators and loads shall have rights of access to the network and to wheel through a third-party transaction.

16.2 Such rights will be subject to the network capacity required to accommodate such access and the availability of funding to upgrade networks, where necessary. The conditions under which access is allowed will be prescribed by the NSP, and if access is refused, reasons must be provided within a reasonable time frame and possible remedies to fast-track such access.

16.3 The technical aspects to connect to the grid must comply with the Codes and standards.

16.4 The NSP should clearly outline the capacity constraints in writing and provide an indicative timeline for when capacity may become available.

16.5 Affected parties should be informed of options to fund network upgrades under approaches like deep connection charges (per the Tariff Codes) to expedite access.

16.6 NSP should clearly outline the capacity constraints in writing and provide an indicative timeline for when capacity may become available.

16.7 Affected parties should be informed of options to fund network upgrades under approaches like deep connection charges (per the Tariff Codes) to expedite access.

16.8 The NSP should share the process and timelines for developing and approving the necessary policies or by-laws, including specific milestones and expected completion.

16.9 Any identified violations should be communicated in writing to the noncompliant party.

16.10 The NSP shall provide clear steps or guidelines for resolving the issue, including timelines for compliance.

16.11 The NSP shall document the specific risks and their potential impact through a formal assessment process or alternative measures shall be provided whenever feasible to address the risks.

16.12 The NSP shall notify the affected parties in writing of the non-compliance issues and recommend steps to achieve compliance.

17. DISPUTES

Disputes will be dealt with as contracted for, and/or referred to NERSA for resolution by means of mediation and/or arbitration.

18. TITLE OF THESE RULES AND COMMENCEMENT

These Rules:

18.1 are called the ‘Regulatory Rules on Network Charges for Third-Party Wheeling of Energy, 2024’;

18.2 replace the Regulatory Rules on Network Charges for Transportation of Energy of March 2012;

18.3 shall come into effect on the date of approval by the Energy Regulator and on publication; and

18.4 will be revised from time to time and will be updated accordingly to accommodate any lessons learnt.

LINK TO FULL NOTICE

National Energy Regulator of South Africa: Regulatory Rules on Network Charges for Third-Party Wheeling of Energy: Version 1

G 52781 GoN 6263

30 May 2025

52781gon6263.pdf

ACTION

Network Service Providers (NSPs)

(Eskom, NTCSA, Municipal Distributors)

Required Actions:

• Develop and publish wheeling policies/by-laws aligned with the new rules.
• Unbundle tariffs to separate network, energy, admin, and subsidy charges.
• Submit tariffs and wheeling credit rates to NERSA for approval.
• Facilitate third-party access to the network in a non-discriminatory manner.
• Implement metering and billing systems that can track wheeled energy.
• Streamline application and contract processes for wheeling transactions.
• Monitor and report on the impact of wheeling on network operations and finances.
• Provide clear reasons and remedies if access is denied due to capacity constraints.

2. Generators

(Independent Power Producers, embedded generators, etc.)

Required Actions:

• Register or obtain a licence from NERSA, depending on generation size and activity.
• Sign a Connection and Use-of-System Agreement with the relevant NSP.
• Comply with technical standards and codes for grid connection.
• Enter into Power Purchase Agreements (PPAs) with buyers/off-takers.
• Pay connection and use-of-system charges as approved by NERSA.

3. Off-takers (Buyers of Wheeled Energy)

(Corporate customers, municipalities, etc.)

Required Actions:

• Amend existing Electricity Supply Agreements to reflect wheeled energy.
• Pay applicable wheeling charges and contribute to subsidies/surcharges.
• Ensure metering and billing arrangements are in place with the NSP.
• Coordinate with generators and NSPs to ensure proper reconciliation.

4. Traders

(Licensed electricity traders)

Required Actions:

• Obtain a trading licence from NERSA.
• Facilitate PPAs and wheeling transactions between generators and off-takers.
• Coordinate with NSPs for metering, billing, and reconciliation.
• Ensure compliance with all regulatory and contractual obligations.

5. Regulatory and Policy Bodies

(NERSA, Municipal Councils, DMRE)

Required Actions:

• NERSA: Approve tariffs, wheeling credit rates, and resolve disputes.
• Municipal Councils: Approve surcharges and wheeling by-laws.
• DMRE: Align national energy policy with the implementation of these rules.

LAW AND TYPE OF NOTICE

Electricity Act:

License fees payable by licensed generators of electricity

G 52781 GoN 6265

30 May 2025

APPLIES TO: 

Licensed Generators Of Electricity In South Africa.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Electricity Act: License fees payable by licensed generators of electricity

G 52781 GoN 6265

30 May 2025

52781gon6265.pdf

ACTION

Ensure that you pay the required fees to NERSA.

LAW AND TYPE OF NOTICE

Electricity Regulation Act:

Net-Billing Rules

G 52781 GoN 6262

30 May 2025

APPLIES TO: 

1. Licensed Electricity Distributors

These are the primary implementers of the rules. They are responsible for:

• Setting and managing net-billing tariffs.
• Approving and connecting Prosumers.
• Installing and maintaining metering infrastructure.
• Monitoring and reporting to NERSA.

Examples: Municipal electricity departments, Eskom Distribution, and private licensed distributors.

2. Prosumers (Commercial, Industrial, and Residential)

These are customers who:

• Generate electricity (e.g., via solar PV) primarily for their own use.
• Export excess electricity to the grid.
• Must comply with technical, metering, and billing requirements.

Examples:

• A factory with rooftop solar panels.
• A shopping mall with a solar and battery system.
• A household with a grid-tied solar inverter.

3. Embedded Generators

These are legal entities that:

• Operate generation units connected to the distribution system.
• May or may not be Prosumers (e.g., they could be third-party operators).

Examples:

• Independent Power Producers (IPPs) with embedded generation.
• Energy service companies managing solar systems for clients.

4. NERSA (National Energy Regulator of South Africa)

As the regulator, NERSA:

• Approves tariffs and monitors compliance.
• Receives reports and handles disputes.
• Oversees the implementation of the rules.

5. Third-Party Service Providers

These include:

• Installers of solar PV and metering systems.
• Consultants conducting cost-of-supply studies.
• Software providers for billing and monitoring systems.

SUMMED UP

1. Purpose and Scope

• Establishes a framework for licensed Distributors to allow Prosumers to export excess electricity.
• Aims to ensure fair pricing, transparency, and regulatory oversight by NERSA.

2. Eligible Technologies and Capacity Limits

• Distributors determine eligible generation technologies.
• Generation capacity is limited to the lesser of 1000 kVA or the customer’s main supply breaker rating.
• Must comply with technical standards and network hosting capacity.

3. Application Process

• Prosumers must apply with detailed technical and legal information.
• Distributors must respond within 30 days and provide reasons for any rejection.

4. Tariff Design

• Export tariffs must be based on avoided energy costs and approved by NERSA.
• Tariffs must be non-discriminatory and cost-reflective.

5. Billing and Compensation

• Exported energy is credited but not paid in cash.
• Excess credits can roll over within the same financial year.
• Billing systems must separately account for imported and exported energy.

6. Metering Requirements

• Requires bi-directional meters with time-of-use capabilities.
• Spinning disc meters are not allowed for net-billing.

7. Distributor Responsibilities

• Must provide clear documentation, ensure non-discriminatory access, and maintain a register of Prosumers.
• Can disconnect unsafe systems and enforce compliance.

8. Ownership Changes and Termination

• New owners must sign new agreements.
• Credits are non-transferable.

• Agreements can be terminated by either party under specified conditions.

9. Dispute Resolution

• Disputes are first handled by the Distributor, then escalated to NERSA if unresolved.

FULL TEXT

DETAILS

DEPARTMENT OF MINERAL RESOURCES AND ENERGY

NO. 6262 30 May 2025

NET-BILLING RULES

The Net-Billing Rules are made in terms of section 35 1 (a)(b)(c) of the Electricity Regulation Act, 2006 (Act No. 4 of 2006) (‘the ERA’ or ‘the Act’)

An electronic copy of these Rules is available on the NERSA website at www.nersa.org.za.

Enquiries should be directed at the Acting Executive Manager: Electricity Regulation at the following contact details:

Telephone no.: 012 401 4600

Fax no.: 012 401 4700

Email: Welile.mkhize@nersa.org.za

Date Approved: 17 December 2024

Table of Contents

Definitions

1.Objectives of the Net-Billing Rules

2.Eligible Generation Technologies

3.Generation Capacity Limits and Technical Standards

4.Application and Connection of a Prosumer

5.Principles for Designing Export Tariff for Prosumers

6.Applicable Tariff Charges for Prosumers

7.Compensation and billing

8.Billing System

9.Metering Infrastructure

10.Responsibilities of the Distributor

11.Monitoring, Control, Information and Reporting

12.Change of Ownership

13.Termination

14.Fines

15.Complaints, Disputes and Appeals

16.Net-billing for Electricity Licensed Distributors

Definitions

In these Rules, words and phrases shall have the same meaning as words and phrases defined in the Electricity Regulation Act, 2006 (Act No. 4 of 2006) (‘the ERA’ or ‘the Act’) unless otherwise defined herein, in which case such words will have the meanings ascribed hereunder.

Capacity means, in respect of the unit or the facility, at any time and from time to time, the output power (expressed in megawatts or MW) of such unit or the facility.

Code means the Distribution Code, the Grid Code, or any other Code approved by NERSA.

Connection agreement means an agreement detailing the conditions under which the Distributor intends to connect the Prosumer.

Cost of supply study means the NERSA standard guideline for deriving and allocating costs of supply, used for the design of tariffs.

Customer means a user of electricity (person or legal entity) that has entered into an agreement with a licensed Distributor of electricity.

Delivery point means the physical point, situated at the point of the facility, where the energy output is to be delivered by the generator.

Distributor means a licensee or its appointed representative that constructs, operates and maintains the distribution network.

Demand means the highest average demand measured in kVA at the point of supply during a 30-minute integrating period in a billing month.

Embedded generator means a legal entity that operates one or more units connected to the distribution system or desires to connect one or more units to the distribution system.

Export tariff means the rate at which energy is credited on a Prosumer’s bill at the end of each billing period for every kilowatt-hour (kWh) of exported electricity to the distribution power system.

Exported electricity means the energy provided by the prosumer to the distribution system when the prosumer generates more power than it consumes.

Facility means the generation or distribution facility, as applicable, located at the plant and comprising all plants, machinery and equipment, as well as all associated buildings and structures, roads on the site that are not national, provincial or municipal roads.

Import tariff means the rate at which imported electricity from the power system energy is charged to a Prosumer.

Imported electricity means the energy and demand provided to the prosumer by the distributor when the prosumer consumes more power than it generates.

Maximum export capacity means the maximum capacity measure in 30 minute integrating periods at the point of supply notified by the customer and accepted the Distributor for the of electrical energy between a generator and/or distribution system.

Net-billing means a method of compensating customers when their generation is synchronised with the grid and some electricity is exported. The compensation for exported electricity is calculated using an export tariff. The customer is still charged the full tariff for energy consumed and capacity provided.

Notified maximum demand (NMD) means the maximum demand of the prosumer at the point of connection, notified in writing by the prosumer and accepted by the distributor or for the delivery of electrical energy to the prosumer.

Point of connection/supply is the electrical node on a power system where a facility is physically connected to the licensed transmitter or distributor’s electricity network.

Power system means the distribution electricity network.

Prosumer means a customer that has entered into an agreement with a distributor and generates electricity on its side of the billing meter with a generation facility that is primarily intended to offset part or all of its electricity requirements. A prosumer specifically excludes parties that are not offsetting own consumption and may be wheeling or selling electricity to buyers.

Site means the property upon which the facility will be constructed and operated.

Time of use means periods and seasons during which a time-of-use tariff has different energy rates.

Time-of-use tariff means a tariff with energy rates that change during time-of-use periods and seasons.

Unit means a separate electricity-generating unit or section comprising multiple units forming part of the facility, which can generate and deliver electricity to the delivery point, and ‘units’ means all or a combination of them.

1. Objectives of the Net-Billing Rules

1.1. The Net-Billing Rules (‘the Rules’) are designed to empower licensed Distributors to establish tariffs and develop terms and conditions that allow Prosumers within their service areas to export any excess power back to the distribution network.

1.2. These Rules aim to create a robust regulatory environment that enables the National Energy Regulator of South Africa (NERSA) to effectively oversee, monitor and regulate the electricity industry.

1.3. The key objective of these Rules is to provide Distributors with clear pricing principles for setting sustainable prosumer export tariffs and import charges in a way that balances the interests of both Distributors and Prosumers.

2. Eligible Generation Technologies

The Distributor shall determine the types of eligible generation technologies in line with its network characteristics and environmental targets of South Africa.

3. Generation Capacity Limits and Technical Standards

3.1 The Distributor shall set the maximum excess of energy that a single generation facility can export and the total excess energy all facilities can export in its distribution area or in accordance with:

(a) the electrical infrastructure equipment ratings of the upstream of Prosumer generation facilities; and

(b) the limits imposed by the stability requirements of:

(i) the Distribution power system as determined by the technical studies; or

(ii) national technical guidelines or specifications in line with NRS 097.

3.2 The Distributor shall ensure that the generation capacity of a distributed generator does not exceed the lower of:

a) the customer’s main electricity supply circuit breaker current rating converted to the kVA of the supply, or

b) 1000kVA.

3.3 Generation capacity limits shall be subject to the cumulative generation capacity limits of multiple distributed generation facilities (i.e. network hosting capacity limits), and must be determined by the Distributor in accordance with the following:

a) Simplified connection criteria that specify parameters within which distributed generators can connect without adverse network impacts and, therefore, do not require further technical network studies, where such hosting capacity criteria have been established by the Distributor.

b) The distribution electrical infrastructure equipment ratings and operating characteristics upstream of Prosumer generation facilities as determined by network impact studies.

c) Limits imposed by the stability requirements of the distribution network, as determined by technical studies performed by NERSA or the Distributor, and network performance observed by the Distributor.

3.4 The Distributor shall ensure that the design, installation and operation of each generation facility connected to the grid meets the applicable technical requirements and standards stipulated in the Codes and all applicable regulations.

4. Application and Connection of a Prosumer

4.1 The Distributor shall treat all applications for connection to the distribution power system by potential Prosumers in an open and transparent manner that ensures non-discriminatory treatment for all applicants.

4.2 The Distributor may not allow a Prosumer connection to the distribution power system without:

(a) applying to the Distributor detailing:

(i) the description of the applicant;

(ii) the proposed installed capacity;

(iii) the description of the proposed generation technology;

(iv) the continued ability to comply with all applicable legislation;

(v) where applicable, the duration of the connection;

(vi) information relating to the embedded generation facility plant data, location and capacity and standby characteristics; and

(vii) any other requirements specified by the Distributor.

(b) paying the required connection charges, including recovery of meter cost after application to the Distributor (as applicable);

(c) signing the required billing reconciliation and connection agreement; and

(d) receiving written approval from the Distributor to connect.

4.3 The Distributor shall permit the application to be submitted when the Prosumer is lawfully represented by an authorised third party acting on their behalf. Evidence of such permission, in writing, must accompany the application. The third party shall not be considered a Prosumer.

4.4 Any dispute arising from a rejection of an application for connection shall follow a Distributor’s internal dispute resolution process and, if not resolved, may be referred to NERSA as a dispute.

4.5 The Distributor shall communicate the outcome of the application to the applicant no later than 30 days from the date of receipt of the application.

4.6 Subject to the provisions of these Rules, the Distributor shall grant access to every application that complies with all technical standards, codes and guidelines.

4.7 The Distributor shall justify any rejection in writing and, where feasible, shall inform applicants of measures they can take for such connection to be compliant.

4.8 Should technical studies be necessary to determine connection feasibility, the Distributor shall communicate the need for such studies to the prospective Prosumer within the timeframe specified.

5. Principles for Designing Export Tariff for Prosumers

5.1 The export tariff principles under these Rules are in accordance with the NERSA Distribution Tariff Code and further specify the tariff design for Prosumers with embedded generation facilities.

5.2 The Distributor must design an export tariff for all Prosumers, subject to approval by NERSA, that provides a credit for exported energy, not more than the consumption during each time-of-use period.

5.3 In designing the export tariff, the Distributor must:

i) not discriminate or allocate disproportionate or unjustified burdens or cross-subsidies to prosumers;

ii) not create additional disproportionate or unjustified burdens or cross subsidies to the tariffs of customers that are not Prosumers; and

iii) conduct a cost of supply study and provide NERSA with its cost of supply study as part of the submission for the Prosumer tariff.

5.4 A distributor that cannot implement time-of-use export tariff must provide a reason and a plan on how this can be resolved.

6. Applicable Tariff Charges for Prosumers

6.1 In line with NERSA guidelines, Distributors must undertake a cost of supply study to assist in allocating costs to electricity services. Unbundled, cost reflective tariffs are needed to develop tariffs that reflect variable cost components (e.g. in relation to the procurement of energy) and fixed components.

6.2 After allowing the Prosumer to connect to the distribution power system, the distributor shall set a tariff based on the following elements:

(i) Variable charges (c/kWh)

􀍲 Energy and network charges for imported energy (import tariff) to recover energy costs (costs of energy purchases) and network costs associated with the demand or usage of the network on a time-of-use rate as guided by the NERSA Distribution Tariff Code.

􀍲 Energy charges for exported energy (export tariff) to credit the Prosumer must be valued at the avoided energy cost of the distributor and on a time-of-use rate.

(ii) Fixed charges (R/day or R/kVA – based on Notified Maximum Demand (NMD), as guided by the NERSA Distribution Tariff Code, such as:

􀍲 network charges to recover network capital, maintenance, returns and fixed operating costs based on NMD;

􀍲 service and administration charges to recover the retail costs associated with billing, meter reading and Prosumer service associated with the consumption of energy.

(iii) Other charges, as guided by the NERSA Distribution Tariff Code, such as:

􀍲 one-time charges to the Prosumer in the form of connection charges to recover metering and network-related costs; and

􀍲 charges related to the contribution to subsidies and other levies (could be fixed or variable).

7. Compensation and Billing

7.1 Energy exported must:

(a) be credited to the relevant monthly billing period;

(b) not be offset against fixed, basic or demand charges but only offset against energy exported;

(c) not be compensated in cash by the distributor but only offset against the energy purchases; and

(d) where export compensation exceeds the financial value of energy  purchases in that billing period, be carried over to offset future electricity purchases from the distributor, provided such rollover shall not extend into the new financial year of the distributor.

7.2 The Distributor should avoid estimating the electricity consumed and exported by net- billed Prosumers during any billing period.

8. Billing System

The billing system for net-billing shall account for both imported and exported energy from/to the grid by the Prosumer as separate transactions.

9. Metering Infrastructure

9.1 Distributors shall install relevant meters for Prosumers which enable net billing.

9.2 Meters for distributed generation net billing shall:

(a) be bi-directional – capable of measuring forward and reverse electricity flow in separate registers;

(b) comply with any prescribed requirements of the Distributor;

(c) comply with the relevant metering code/standard/specification;

(d) be able to measure and record peak supply;

(e) be capable of two-way communication; and

(f) provide time-of-use metering.

9.3 The metering equipment shall be procured, installed and maintained by the distributor or by a duly authorised third party. The distributor may levy charges on the Prosumer to cover associated costs.

9.4 Spinning disc meters are not permitted to spin backwards or reverse in direction as a means of metering bi-directional power flow.

9.5 The Distributor shall modify their existing billing infrastructure to enable bidirectional metering and billing arrangements envisaged under these Rules.

10. Responsibilities of the Distributor

10.1 The Distributor shall provide the distributed generator non-discriminatory access to its distribution power system in accordance with section 21(3) of the Electricity Regulation Act, 2006 (Act No. 4 of 2006) and the Grid Code, except if there are objectively justifiable and identifiable technical or other grounds that prevent such access.

10.2 The Distributor shall have the right to disconnect an embedded generation facility at any time in the event of threat/damage from such embedded generation facility to its power system to prevent any accident or damage without any notice. In addition, the distributor may call upon the prosumer to rectify the defect within a reasonable time.

10.3 The Distributor shall make available permitting process documentation, which details:

(a) the rights and obligations of the Prosumer and the Distributor regarding the distributed generation system;

(b) the connection application procedure, including Distributor’s response time frames;

(c) the technical standards and other requirements the Prosumer must adhere to;

(d) how the distributed generator grid impact will be established and roles and responsibilities of the Prosumer and the Distributor in this regard, including responsibilities for network upgrades should the hosting capacity of the network be exceeded;

(e) the commissioning process, including requirements for signoff by competent persons;

(f) ongoing operation requirements for the Prosumer;

(g) process for pre-existing installed distributed generators to comply with utility requirements and receive permission to generate; and

(h) any other information deemed relevant by the Distributor.

10.4 The Distributor shall specify the Utility Interface Standard, covering a minimum power quality and safety requirements at the point of connection, with which the distributed generator shall comply.

10.5 The Distributor shall make available application forms, commissioning reports and other documentation necessary for the prosumer to undertake the steps in the permitting process.

10.6 The Distributor shall make available the agreement to be entered into between the Prosumer and Utility/Distributor, covering both the connection and billing reconciliation aspects.

10.7 The Distributor must connect a Prosumer on a first-come, first-served principle or other rational strategy made explicit by the Distributor.

10.8 The Distributor should make all relevant information and documentation easily accessible to prospective Prosumers, such as on a website, including contact details for application submission and associated queries.

11. Monitoring, Control, Information and Reporting

11.1 The Distributor shall establish and maintain a register of Prosumers, in which the following shall be recorded-

(a) The name, address and GIS location of every Prosumer

(b) The generation technology, rated capacity and storage capacity (if included)

(c) The date of approval to generate

(d) Estimated annual generation per Prosumer;

(e) Estimated annual export per Prosumer;

(f) Total estimated annual amount of kWh produced by Prosumers.

(g) Total amount of kWh exported by Prosumers.

11.2 The Distributor shall ensure that the register is continuously updated and submitted bi-annually to NERSA.

12. Change of Ownership

12.1 The Distributor shall ensure that where a Prosumer sells the distributed generator premises operating under these Rules, the new owner of the premises signs a new Agreement with the Distributor to continue operation.

12.2 The Distributor shall ensure that the Prosumer forfeits any credits accrued under the net-billing arrangements and is not entitled to transfer any credit amount to any other account.

12.3 The Prosumer shall bear all costs and expenses for the transfer of ownership of the distributed generator.

13. Termination

13.1 The Distributor shall allow the Prosumer to terminate the Agreement with the Distributor at any time, upon which the Prosumer shall be required to disconnect its distributed generator and notify the Distributor of such action.

13.2 The Distributor may terminate the agreement with the Prosumer at any time for failure to comply with these Rules or the Distributor requirements upon 14 days’ written notice by the Distributor.

14. Fines

14.1 The following represent a breach by the Prosumer and are liable for a tampering charge/fine as per the Distributor schedule of charges or notice issued by NERSA:

a) Connecting a distributed generator without an agreement and written permission to do so from the Distributor.

b) Contravening any of the conditions of the Agreement;

c) Doing an act or omission contrary to the provisions in the Rules.

15. Complaints, Disputes and Appeals

15.1 Any complaints and/or disputes under these Rules shall be referred to the distributor for resolution as the initial point of contact. If such issues remain unresolved after due process, they may be escalated to NERSA for further consideration and resolution.

16. Net-Billing for Electricity Licensed Distributors

16.1 These Rules will be called ‘Net-Billing Rules’ and shall come into operation on the date of approval and publication.

16.2 These Rules will be revised from time to time, and the revised version will be published accordingly after each revision.

LINK TO FULL NOTICE

Electricity Regulation Act: Net-Billing Rules

G 52781 GoN 6262

30 May 2025

52781gen6262.pdf

ACTION

1. Licensed Electricity Distributors

Key Responsibilities:

• Tariff Design & Approval: Develop export tariffs based on cost-of-supply studies and submit them to NERSA for approval.
• Connection Management: Process applications from Prosumers, conduct technical studies if needed, and issue approvals or rejections with justifications.
• Metering & Billing: Install bi-directional meters, ensure accurate billing systems, and avoid estimates.
• Monitoring & Reporting: Maintain a register of Prosumers and submit bi-annual reports to NERSA.
• Customer Support: Provide clear documentation, application forms, and support for disputes and complaints.
• Compliance Enforcement: Disconnect unsafe systems, enforce fines, and manage terminations.

2. Prosumers (Residential, Commercial, Industrial)

Key Responsibilities:

• Application Submission: Provide detailed technical and legal information to the Distributor.
• Compliance: Adhere to technical standards, codes, and the terms of the connection agreement.
• Billing Participation: Accept the net-billing structure, including credit-only compensation for exports.
• Ownership Changes: Notify the Distributor and ensure the new owner signs a new agreement.
• Termination: Notify the Distributor and disconnect the system if terminating the agreement.

3. Embedded Generators

Key Responsibilities:

• Grid Compliance: Ensure generation facilities meet technical and safety standards.
• Coordination with Distributors: Work with Distributors for connection approval and ongoing compliance.
• Non-Prosumer Role: If not offsetting own consumption, they are not considered Prosumers and may be subject to different rules.

4. NERSA (Regulator)

Key Responsibilities:

• Oversight: Approve tariffs, monitor Distributor compliance, and enforce regulatory standards.
• Dispute Resolution: Act as the final arbiter for unresolved complaints and disputes.
• Guidance: Issue and update the Distribution Tariff Code and technical guidelines.

5. Third-Party Service Providers

Key Responsibilities:

• Installation & Maintenance: Install compliant generation and metering systems.
• Representation: May act on behalf of Prosumers in applications, with written authorization.
• Compliance Support: Ensure systems meet all technical and legal requirements.

LAW AND TYPE OF NOTICE

Petroleum Products Act: Various Amendments

LINK TO FULL NOTICE

Petroleum Products Act: Regulations: Amendment

G 52805 RG 11842 GoN 6278

03 June 2025

52805reg11842gon6278.pdf

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

G 52805 RG 11842 GoN 6277

02 June 2025

52805reg11842gon6277.pdf

Petroleum Products Act: Maximum retail price for liquefied petroleum gas

G 52805 RG 11842 GoN 6279

02 June 2025

52805reg11842gon6279.pdf

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

National Environmental Management: Waste Act:

Withdrawal of the Industry Waste Tyre Management Plan, 2024

G 52790 GoN 6273

03 June 2025

APPLIES TO: 

1. Tyre Producers and Importers

• These entities would have been responsible for funding and complying with the plan through mechanisms like the Waste Tyre Levy.
• They would need to ensure proper tracking and reporting of tyre sales and end-of-life tyre management.

2. Tyre Retailers and Fitment Centres

• Required to participate in the collection and temporary storage of waste tyres.
• Would need to coordinate with licensed waste tyre transporters and processors.

3. Waste Tyre Collectors and Transporters

• These small businesses and cooperatives would be directly involved in collecting tyres from retailers and delivering them to processing facilities.
• The plan’s implementation could affect their operational scope, funding, and employment opportunities.

4. Recycling and Processing Companies

• Organizations involved in converting waste tyres into products like rubber granules, fuel, or construction materials would be central to the plan.
• The plan’s targets and funding mechanisms would influence their viability and expansion.

5. Non-Profit and Environmental Organizations

• Groups like Redisa (Recycling and Economic Development Initiative of South Africa) have been vocal critics, arguing that the plan was flawed and lacked transparency
• These organisations often advocate for sustainable practices and may be involved in oversight or implementation.

6. Government and Regulatory Bodies

• The Department of Forestry, Fisheries and the Environment (DFFE) would oversee the plan’s implementation and compliance.
• Other entities like the Council for Scientific and Industrial Research (CSIR) may be involved in data analysis and policy refinement

7. Small and Medium Enterprises (SMEs)

• Many SMEs in the informal sector rely on waste tyres for crafting products or as a source of income.
• The plan’s structure could either support or marginalize these businesses depending on its inclusivity.

8. Municipalities and Local Governments

• Responsible for managing local waste streams and ensuring environmental compliance.
• Would need to coordinate with national efforts and possibly provide infrastructure or support.

FULL TEXT

DETAILS

Link to withdrawn notice:

Industry waste tyre management plan

GN 4542 of 20 March 2024:   (Government Gazette No. 50322)

LINK TO FULL NOTICE

National Environmental Management: Waste Act: Withdrawal of the Industry Waste Tyre Management Plan, 2024

G 52790 GoN 6273

03 June 2025

52346gon6273.pdf

ACTION

Take note

HEALTH AND SAFETY

LAW AND TYPE OF NOTICE

Mine Health and Safety Act:

Regulations: Machinery and Equipment: Amendments

G 52781 GoN 6267

30 May 2025

APPLIES TO: 

Mining Companies

These are the most directly impacted, especially those operating:

• Underground mines with vertical or inclined shafts.
• Winding plants used for transporting people, materials, minerals, or explosives.
• Shaft sinking operations or maintenance activities.

They must comply with new safety, operational, and recordkeeping requirements.

Mining Contractors and Service Providers

Including:

• Shaft sinking and equipping contractors.
• Winder maintenance and inspection service providers.
• Rope testing laboratories (approved winding rope testing stations).
• Engineering firms involved in shaft infrastructure design and upgrades.

Mine Engineering and Safety Departments

These internal departments are responsible for:

• Implementing and maintaining compliance with the new regulations.
• Conducting inspections, tests, and audits.
• Managing training and certification of winding engine drivers, onsetters, and banksmen.

Regulatory Bodies and Inspectors

Such as:

• Principal Inspectors of Mines and other officials from the Department of Mineral Resources and Energy.
• They issue permits, conduct audits, and enforce compliance.

Equipment Manufacturers and Suppliers

Especially those who provide:

• Winding engines and braking systems.
• Conveyances (cages, skips, kibbles).
• Safety devices (overwind/overspeed prevention, slack rope detectors).
• Signaling systems and recordable control systems.

Training Institutions and Certification Bodies

Responsible for:

• Certifying winding engine drivers and onsetters.
• Providing refresher training and psychometric evaluations as required by the updated regulations.

SUMMED UP

New Regulation 8.13: Shafts and Winders

This is a comprehensive addition covering:

• Definitions of technical terms (e.g., winding rope, balance rope, onsetter, banksman).
• Requirements for the conveyance of persons in shafts and winzes.
• Design and safety standards for winding engines, brakes, and holding power.
• Emergency procedures, including overwind and overspeed prevention.
• Testing and inspection protocols for winding ropes and equipment.
• Signaling systems and standard codes for communication between engine drivers and shaft personnel.
• Operational protocols for banksmen, onsetters, and winding engine drivers.
• Recordkeeping requirements, including logbooks and recoverable recordable systems.
• Special provisions for small winding plants.

Repeal of Chapter 16

As a result of these amendments, Chapter 16 of the Mine Health and Safety Regulations is repealed in its entirety.

FULL TEXT

DETAILS

To see the new section 8.13 – Shafts and Winders

8.13 Shafts and Winders

New section 8.13 on shafts and winders—came into effect on 28 March 2025. 

LINK TO FULL NOTICE

Mine Health and Safety Act: Regulations: Machinery and Equipment: Amendments

G 52781 GoN 6267

30 May 2025

52781gon6267.pdf

ACTION

1. Regulatory Compliance Review

• Audit current practices against the new Regulation 8.13 requirements.
• Identify gaps in shaft and winder operations, safety systems, and documentation.
• Update internal policies to align with the amended regulations.

2. Engineering and Equipment Upgrades

• Ensure all winding plants have:
  • Slack and tight rope detection systems.
  • Overwind and overspeed prevention devices.
  • Brake systems that meet the new holding power standards.
  • Depth indicators and speed recorders for winders exceeding 5 m/s.

• Upgrade or retrofit equipment where necessary.

3. Certification and Training

• Verify that:
  • Winding engine drivers hold valid certificates and have undergone psychometric evaluations if inactive for 2+ years.
  • Banksmen and onsetters are certified and trained on the new signaling codes.

• Provide refresher training on:
  • Emergency procedures.
  • New signaling protocols.
  • Safety device operation and maintenance.

4. Recordkeeping and Systems

• Implement or upgrade to a recoverable recordable system for:
  • Maintenance logs.
  • Rope testing and installation records.
  • Incident tracking (e.g., slack rope events).

• Ensure logbooks are maintained and reviewed regularly.

5. Inspection and Testing Protocols

• Schedule and document:
  • Daily, weekly, and monthly inspections of winding equipment.
  • Rope testing (magnetic, tensile, and visual) at required intervals.
  • Dynamic testing of overwind/overspeed devices every 6 months.

6. Operational Controls

• Enforce:
  • No transport of persons with minerals or explosives, unless explicitly permitted.
  • No unauthorized access to shaft stations or conveyances.
  • Strict adherence to signaling protocols.

• Establish emergency procedures for:
  • Slack/tight rope conditions.
  • Overwind incidents.
  • Shaft accidents.

7. Communication and Signage

• Post updated:
  • Signal codes at all relevant locations.
  • Safety notices at winding plants and shaft stations.
  • Permits and maximum load notices.

FINANCE

LAW AND TYPE OF NOTICE

Proposed Amendments to the JSE Corporate Action Timetables

FULL TEXT

DETAILS

Purpose

• To propose amendments to the JSE Corporate Action Timetables.
• Includes rationales for changes and invites public comment by 9 June 2025.

Key Amendments and Principles

1.     General Principles for Corporate Actions

·       Timetables are based on business days.

·       Settlement remains T+3.

·       Record Date (RD) should ideally fall on a Friday.

·       Last Day to Trade (LDT) is 3 days before RD.

·       Finalisation announcements must be made at least 8 days before RD and 5 days before LDT.

·       Fractional entitlements are to be rounded down, with cash paid for fractions.

·       Rights Offers use standard rounding (≥0.5 rounds up).

·       Election deadlines and default options are clarified.

·       Tax, currency conversion, and regulatory disclosures are emphasized.

2.     Detailed Timetables for Specific Corporate Actions

·       Covers over 30 types of corporate actions including:

·       Dividends (cash, DRIP, REIT)

·       Redemptions (partial/full)

·       Capitalisation issues

·       Rights offers (renounceable/non-renounceable)

·       Consolidations, conversions, subdivisions

·       Offers (conditional/unconditional)

·       Schemes of arrangement

·       Unbundlings

·       New listings (various types)

·       Share repurchases

·       Sector and board changes

·       Meetings and written resolutions

3.     Annexure A – Definitions

·       Provides standardized definitions for terms like Declaration Date, Finalisation Date, Record Date, Ex-Date, ISIN, etc.

Notable Additions

• New ISINs must be disclosed in declaration announcements.
• Clarifications on SENS announcements, including:
  • Financial periods
  • Tax implications
  • Currency conversion timing

• New timetables for:
  • Investment product distributions
  • Fast-track listings
  • Written resolutions

LINK TO FULL NOTICE

Proposed Amendments to the JSE Corporate Action Timetables

HERITAGE

LAW AND TYPE OF NOTICE

National Heritage Legacy Programme Policy: Draft

28 May 2025

APPLIES TO: 

Government Institutions

1.     National Government Departments:

·       Department of Sport, Arts and Culture (DSAC)

·       Department of Public Works and Infrastructure (DPWI)

·       Department of Tourism (DoT)

·       Department of Cooperative Governance and Traditional Affairs (COGTA)

·       Department of International Relations and Cooperation (DIRCO)

·       Department of Planning, Monitoring and Evaluation (DPME)

·       Department of Agriculture, Land Reform and Rural Development (DALRRD)

·       Department of Finance (DF)

·       Department of Human Settlements (DHS)

·       Department of Science and Innovation (DSI)

·       Department of Small Business Development (DSBD)

·       Department of Women, Youth and Persons with Disabilities (DWYPD)

2.     Provincial and Local Governments:

·       Provincial heritage and museum directorates

·       Municipalities

·       South African Local Government Association (SALGA)

3.     Public Entities and Agencies:

·       South African Heritage Resources Agency (SAHRA)

·       National Heritage Council (NHC)

·       National Archives and Records Service of South Africa (NARSSA)

·       South African National Roads Agency Limited (SANRAL)

·       Government Communication and Information System (GCIS)

Civil Society and Private Sector

• Non-Governmental Organizations (NGOs)
• Community-based organisations

• Private sector partners, especially those involved in:
  • Cultural tourism
  • Heritage infrastructure
  • Creative industries

• Public-private partnerships (PPPs)

Academic and Professional Institutions

• Universities and research institutions
• Heritage practitioners and specialists (e.g., archaeologists, historians, curators)
• Indigenous knowledge experts and cultural custodians

Targeted Community Groups

• Youth
• Women
• People with disabilities
• Marginalized and previously disadvantaged communities

SUMMED UP

Purpose and Background

• The policy addresses the lack of a formal, integrated framework for National Legacy Projects (NLPs), which historically focused on large-scale infrastructure without sufficient socio-economic integration.
• It aims to transform the heritage landscape to reflect the full diversity of South Africa’s history, especially marginalized narratives.

Vision and Objectives

• Vision: To use memorialization to construct and foster a national identity based on human rights and social justice.

• Objectives:

1.     Integrate various forms of memorialization.

2.     Establish a sustainable, inclusive NLP process.

3.     Promote economic opportunities through heritage.

4.     Enhance national identity and social cohesion.

Key Focus Areas

1.     Alternative Forms of Memorialization – Beyond statues and monuments, including festivals, oral histories, and community projects.

2.     Museums and Sites – Reimagining museums to reflect inclusive narratives.

3.     Monuments, Statues, and Memorials – Maintenance, repositioning, and reinterpretation.

4.     Intangible Cultural Heritage – Safeguarding indigenous knowledge and living traditions.

5.     Geographical Names – Renaming to reflect anti-colonial and anti-apartheid heritage.

6.     National Symbols – Promoting unity through symbols like the flag and anthem.

7.     Library and Information Services – Expanding access to knowledge and cultural materials.

8.     National Archives – Digitization and preservation of historical records.

9.     Repatriation and Restitution – Returning human remains and heritage objects.

Implementation Strategy

• Stakeholders: Includes government departments, civil society, academia, and international partners.
• Inclusivity: Emphasis on youth, women, people with disabilities, and marginalized communities.
• Funding: Through existing grants and partnerships (e.g., Mzansi Golden Economy, National Lotteries Commission).
• Governance: Administered by the Department of Sport, Arts and Culture with interdepartmental collaboration.

Monitoring and Evaluation

• Aligned with national evaluation frameworks.
• Regular reviews every three years.
• Emphasis on socio-economic impact, sustainability, and community involvement.

FULL TEXT

DETAILS

DRAFT NATIONAL POLICY FRAMEWORK FOR HERITAGE MEMORIALIZATION

APRIL 2025

Version 1

TABLE OF CONTENT

1FOREWORD AND EXECUTIVE SUMMARY

1.1FOREWORD

1.2EXECUTIVE SUMMARY

2DEFINITIONS AND ABBREVIATIONS

2.1DEFINITIONS

2.2ABBREVIATIONS

3INTRODUCTION AND BACKGROUND

3.1INTRODUCTION (POLICY ISSUE IDENTIFICATION)

3.2NATIONAL POLICY FRAMEWORK FOR HERITAGE MEMORIALIZATION: BACKGROUND

3.3NATIONAL POLICY FRAMEWORK FOR HERITAGE MEMORIALIZATION: CONTEXT AND ENVIRONMENT

4VISION AND PRINCIPLES

4.1VISION

4.2VALUES AND PRINCIPLES

5POLICY STRATEGIC LINKAGES AND THEIR RELEVANCE

6EVIDENCE BASED PROBLEM STATEMENT

6.1PROBLEM STATEMENT

7IMPACT OF PREVIOUS NLPS

8POLICY OBJECTIVES, EXPECTED OUTPUTS AND OUTCOMES

8.1POLICY AIMS

8.2POLICY PRIORITIES

8.3OBJECTIVES AND EXPECTED OUTCOMES

9FOCUS AREAS

9.1POLICY FOCUS AREA 1 –ALTERNATIVE FORMS OF MEMORIALIZATION INITIATIVES

9.2POLICY FOCUS AREA 2 – MUSEUMS AND SITES

9.3POLICY FOCUS AREA 3 – MONUMENTS, STATUES AND MEMORIALS

9.4POLICY FOCUS AREA 4 – INTANGIBLE CULTURAL HERITAGE/LIVING HERITAGE

9.5POLICY FOCUS AREA 5 – GEOGRAPHICAL NAMES

9.6POLICY FOCUS AREA 6 – NATIONAL SYMBOLS

9.7POLICY FOCUS AREA 7 – LIBRARY AND INFORMATION SERVICES

9.8POLICY FOCUS AREA 8 – NATIONAL ARCHIVES SERVICES

9.9POLICY FOCUS AREA 9 – REPATRIATION AND RESTITUTION

10IMPLEMENTATION

10.1TARGET BENEFICIARIES AND STAKEHOLDERS

10.2TARGET BENEFICIARIES – KEY FACTORS

10.3RESOURCE ALLOCATION

10.4ROLES AND RESPONSIBILITIES

10.5COMMUNICATION

10.6MARKETING AND AUDIENCE DEVELOPMENT

10.7GOVERNANCE

10.8RISK ASSESSMENT AND MITIGATION STRATEGY

11POLICY MONITORING, EVALUATION AND REVIEW

11.1POLICY IMPLEMENTATION INDICATORS

11.2MONITORING PROCESSES

11.3HERITAGE LEGACY PROGRAMME MINIMUM STANDARDS SECTOR GUIDELINES MONITORING PROCESSES

11.4EVALUATION OF THE POLICY

11.5POLICY REVIEW SCHEDULE

12CONCLUSION

13REFERENCES

LINK TO FULL NOTICE

National Heritage Legacy Programme Policy: Draft

28 May 2025

national-heritage-legacy-programme-policy.pdf

INTERNATIONAL TRADE ADMINISTRATION

LAW AND TYPE OF NOTICE

International Trade Administration Act:

Sunset reviews

G 52781 GeN 3256

– Comment by 30 Jun 2025

30 May 2025

FULL TEXT

DETAILS

DEPARTMENT OF TRANSPORT

NOTICE 3257 OF 2025

ANOTHER CMTP INSPIRED INITIATIVE

INVITATION FOR THE SHIPPING COMPANIES MEMBERS TO PARTICIPATE IN THE STEERING

COMMITTEE TO ESTABLISH SOUTH AFRICAN NATIONAL SHIPPING COMPANY MODEL

The Comprehensive Maritime Transport Policy (CMTP), policy statement No. 3 on the transforming and growing Maritime Transport Sector provides that: Department of Transport (Department) shall in consultation with relevant departments and industry experts take steps to establish a national shipping carrier as a strategic pillar in the revival of the maritime transport industry. CMTP also provides for the Department to work in cooperation with relevant departments and relevant organs of state, to coordinate efforts in unlocking the potential of the ocean economy and in particular implement radical measures and a significant targeted percentage of exports and imports are moved by the national shipping carrier.

The Department is collaborating with the Development Bank of Southern Africa (DBSA) for the establishment of this South African National Shipping Company model that will enable South Africa to carry its own import and export trade which has suffered a negative growth since the 1980s since South Africa does not have a national shipping carrier.

The Steering Committee will be formed, comprising members from the Department, DBSA, and other relevant stakeholders, to guide the development of this National Shipping Company framework. The Committee will create Terms of Reference to facilitate the development of the shipping model.

Interested persons are invited to submit their names within 30 days of the date of publication of this Notice to:

Director-General of the Department of Transport, 159 Struben Street, Pretoria, 0001

For the attention of Ms Glory Semenya at E-mail: semenyag@dot.gov.za or mqingwanal@dot.gov.za Tel: 012 309 3499 or 012 309 3535

LINK TO FULL NOTICE

International Trade Administration Act: Sunset reviews

G 52781 GeN 3256

– Comment by 30 Jun 2025

30 May 2025

52781gen3256.pdf

ACTION

Ensure that you submit your comments before 30 June 2025

LAW AND TYPE OF NOTICE

International Trade Administration Act:

Automotive Production and Development Programme Phase 2 and measures to Support Battery Manufacturing: Review of list of materials qualifying as standard materials: Comments invited

G 52746 GeN 3233

– Comment by 26 Jun 2025

29 May 2025

FULL TEXT

DETAILS

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION

NOTICE 3233 OF 2025

REVIEW OF THE LIST OF MATERIALS QUALIFYING AS STANDARD MATERIALS UNDER THE AUTOMOTIVE PRODUCTION AND DEVELOPMENT PROGRAMME PHASE 2 (“APDP2”) AND MEASURES TO SUPPORT BATTERY MANUFACTURING

APPLICANT:

The International Trade Administration Commission

77 Meintjies Street

Sunnyside

Pretoria

0001

REASONS FOR THE REVIEW:

• Global manufacturing and energy generation technologies are undergoing a series of structural changes. Largely in response to challenges arising from climate variability. South Africa, in the evolving profile of traction and solid-state battery, energy, and propulsion technologies, observes that these require considerable use and security of supply of several critical minerals and materials;

• These materials and minerals, to the extent that they can be found in viable deposits and reserves in South Africa and Southern Africa, present our country with an opportunity to increase manufacturing capabilities, create new jobs, and advance our socio-economic development goals; and

• Currently, the list of standard materials (meaning locally beneficiated raw materials originating in the SACU which have been processed to suit automotive specifications) set forth in Note 4.4.1 of the APDP2 Info Doc A contains raw minerals and materials such as aluminium, steel, and platinum group metals. However, several minerals associated with Battery Electric Vehicle (BEV) production, including all hybrid derivatives, are not currently contained in the list of standard materials.

Interested parties are invited to submit comments on the following:

• The inclusion of the following minerals as a standard material under the APDP2. The following minerals and materials shall , when sourced from the SADC region, and used in the manufacture of automotive electric batteries:

a) Rare earth minerals

b) Iron

c) Lithium

d) Graphite

e) Copper

f) Cobalt sulfate

g) Manganese sulfate

h) Nickel sulfate

i) Polymers

j) Sodium carbonate (‘Soda Ash’)

• The possibility of reviewing the percentage of standard materials deemed as local value added under the APDP2 to encourage beneficiation of regionally available materials;

• The possibility of increasing in customs duty applicable to NEV batteries, to the WTO bound rate of 15% ad valorem, to provide tariff support for all future manufacturers of batteries, which can be accomplished by the creation of an 8-digit tariff subheading that will separate the batteries from cells; and

• Any other measures to advance entry and further participation in the battery manufacturing value chain in South Africa.

PUBLICATION PERIOD:

Representations should be made within four (4) weeks of the date of Notice. Enquiries: ITAC Ref: 03/2025. to ITAC officials Ms. Keleabetswe Muoe (kmuoe@itac.org.za), Mr. Pardon Hadzhi (Phadzhi@itac.org.za), Ms. Mpho Mafole (Mmafole@itac.org.za), Ms. Nompumelelo Nkosi (nnkosi@itac.org.za), and Tshepiso Sejamoholo (tsejamoholo@itac.org.za)

LINK TO FULL NOTICE

International Trade Administration Act: Automotive Production and Development Programme Phase 2 and measures to Support Battery Manufacturing: Review of list of materials qualifying as standard materials: Comments invited

G 52746 GeN 3233

– Comment by 26 Jun 2025

29 May 2025

52746gen3233.pdf

ACTION

Ensure that you submit your comments before 26 June 2025

LABOUR

LAW AND TYPE OF NOTICE

Labour Relations: Various

LINK TO FULL NOTICE

Labour Relations Act: Registration of Trade Union: South African Workers Union ya Bashumi (SAWU)

G 52750 RG 11838 GoN 6226

30 May 2025

52750rg11838gon6226.pdf

Labour Relations Act: Extension of Period of Operation to Non-Parties of the Main Collective Agreement to Non-Parties: National Bargaining Council for the Clothing Manufacturing Industry

G 52750 RG 11838 GoN 6229

30 May 2025

52750rg11838gon6229.pdf

Labour Relations Act: Registration of Trade Union: South Africa is Not For Sale Workers Union (SANFOSAWU)

G 52750 RG 11838 GoN 6227

30 May 2025

52750rg11838gon6227.pdf

Labour Relations Act: Application for registration of Amalgamation Bargaining Council: National Bargaining Council for the Restaurnt, Catering and Allied Trades: Comments invited

G 52750 RG 11838 GoN 6228

– Comment by 13 Jun 2025

52750rg11838gon6228.pdf

Labour Relations Act: Registration of Trade Union: South African Workers Union ya Bashumi (SAWU)

G 52750 RG 11838 GoN 6226

30 May 2025

52750rg11838gon6226.pdf

Labour Relations Act: National Bargaining Council for the Road Freight and Logistics Industry: Extension to non-parties of the Main Collective Amending Agreement

G 52740 RG 11836 P 262

28 May 2025

52740rg11836proc262.pdf

LAW AND TYPE OF NOTICE

Employment Equity Act:

Public Register Notice: Correction

G 52781 GoN 6260

30 May 2025

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Employment Equity Act: Public Register Notice: Correction

G 52781 GoN 6260

30 May 2025

52781gon6260.pdf

LAND AND PROPERTY

LAW AND TYPE OF NOTICE

Border Management Authority Act: Regulations

G 52786 RG 11839 GoN 6268

02 June 2025

APPLIES TO: 

Government and Public Sector Entities

1.     Department of Home Affairs – As the lead department, it oversees implementation and compliance.

2.     Border Management Authority (BMA) – Directly responsible for enforcing the regulations.

3.     South African Police Service (SAPS) – Especially Crime Intelligence units involved in border security.

4.     State Security Agency (SSA) – For intelligence coordination.

5.     South African Revenue Service (SARS) – Particularly the Customs Unit, for goods inspection and smuggling prevention.

6.     Department of Health – Involved in biosecurity, health screenings, and sanitary controls at borders.

7.     Department of Agriculture, Forestry and Fisheries – For phytosanitary and veterinary inspections.

8.     Department of Environmental Affairs – For environmental and biodiversity protection at borders.

9.     Department of Transport – For managing ports of entry and exit.

10.   Financial Intelligence Centre (FIC) – For monitoring financial crimes linked to cross-border activities.

Private Sector Organizations

1.     Logistics and Freight Companies – Must comply with customs, smuggling, and biosecurity regulations.

2.     Airlines and Shipping Lines – Affected by port of entry/exit designations and passenger movement controls.

3.     Private Security Firms – May be contracted for border-related services but must comply with restrictions on doing business with the state.

4.     Importers and Exporters – Subject to inspections, risk assessments, and compliance with regulated goods protocols.

5.     Agricultural Exporters/Importers – Must meet phytosanitary and quarantine standards.

6.     Tourism and Travel Agencies – Affected by visa enforcement and border entry protocols.

International and Multilateral Organizations

1.     Foreign Diplomatic Missions – Need to understand and comply with border entry protocols for their nationals.

2.     International Trade Organizations – May need to adjust procedures based on South Africa’s border enforcement.

3.     International Health and Biosecurity Bodies – For coordination on cross-border health threats.

4.     Interpol and other international law enforcement bodies – For cooperation on trafficking, smuggling, and subversive activities.

Civil Society and Advocacy Groups

1.     Human Rights Organizations – Monitoring treatment of migrants and enforcement of the Bill of Rights.

2.     Environmental NGOs – Interested in enforcement of wildlife and biodiversity protections.

3.     Immigration Legal Services – Supporting individuals affected by border decisions and appeals.

SUMMED UP

Structure of the Border Guard

• Divided into commissioned and non-commissioned officers.
• Commissioned ranks include: Commissioner, Deputy Commissioners, Assistant Commissioners, etc.
• Non-commissioned ranks include: Senior Border Guards, Border Guards, Junior Border Guards.

Functions of the Border Guard

• Secure and patrol borders and ports of entry.
• Prevent illegal migration, trafficking, smuggling, and biosecurity risks.
• Enforce visa and residence compliance.
• Coordinate with law enforcement and intelligence agencies.

Training & Conduct

• Officers must undergo training in:
  • Anti-corruption
  • Constitutional rights
  • Firearms handling
  • Public international law
  • Environmental, health, and immigration matters

• A code of conduct is outlined in Schedule C, emphasizing integrity, impartiality, and professionalism.

Identification & Equipment

• Officers are issued ID cards and may be armed.
• Firearms must be securely stored and officers undergo annual psychological assessments.

National Targeting Centre

• Established to assess and mitigate border-related risks.
• Includes representatives from various state organs like SAPS, SSA, SARS, and FIC.

Review & Appeals Process

• Detailed procedures and forms (Forms 5–9) for appealing decisions affecting individuals’ rights.

Complaints & Grievances

• Complaints must be submitted using Form 10 and are to be resolved within 30–60 days.

Qualifications & Competency Standards

• Schedule B outlines academic and experience requirements for all roles, from junior officers to executive managers.

Code of Conduct (Schedule C)

• Officers must:
  • Uphold the Constitution
  • Serve the public impartially
  • Avoid conflicts of interest
  • Report corruption
  • Maintain confidentiality and professionalism

The regulations are in force from 2 June 2025.

FULL TEXT

DETAILS

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

LINK TO FULL NOTICE

Border Management Authority Act: Regulations

G 52786 RG 11839 GoN 6268

02 June 2025

52786rg11786gon6268.pdf

ACTION

Take note that the regulations are in force from 2 June 2025.

STANDARDS

LAW AND TYPE OF NOTICE

Legal Metrology Act: Regulations:

Tariff of fees charged for services; Payment of levy and fees with regard to Compulsory Specifications: Amendments

G 52750 RG 11838 GoN 6235

30 May 2025

APPLIES TO: 

Manufacturers and Importers

• Automotive manufacturers and importers (vehicles, trailers, parts like brake pads, lights, glass, etc.)
• Electrotechnical product manufacturers (e.g., appliances, lighting, cables, circuit breakers)
• Chemical and mechanical product manufacturers (e.g., safety gear, lighters, stoves, disinfectants)
• Food producers and processors (e.g., canned/frozen seafood, meat, abalone, molluscs)

Testing Laboratories and Calibration Services

• Organizations conducting type approval, verification, or calibration of measuring instruments and devices.
• Labs that perform on-site or in-house testing for compliance with NRCS standards.

Engineering and Technical Services

• Companies involved in installation, maintenance, or verification of measuring instruments (e.g., fuel dispensers, scales, meters).
• Transport and logistics firms using vehicle scale test units or requiring on-site verification.

Retailers and Distributors

• Businesses that sell regulated products (e.g., electrical appliances, safety equipment, food products) and must ensure compliance with NRCS standards.

Legal and Compliance Departments

• Organizations needing to apply for Letters of Authority (LOAs), certificates of compliance, or sales permits.
• Entities responsible for product certification, homologation, and regulatory documentation.

Exporters and Importers

• Companies involved in international trade of regulated goods, especially in the food and fisheries sectors.
• Vessel operators (e.g., squid, lobster, and fish exporters) requiring inspections and export documentation.

Research and Development Facilities

• Entities developing new products that require type approval or homologation before entering the market.

SUMMED UP

1.     Legal Metrology Act, 2014 (Act 9 of 2014)

·       Updated tariffs for verification, type approval, calibration, and other services rendered by the National Regulator for Compulsory Specifications (NRCS).

·       Includes detailed fee structures for:

·       Verification of instruments

·       Type approval

·       General additional costs (e.g., travel, equipment hire)

·       Calibration services

·       Legal metrology-related certifications

2.     National Regulator for Compulsory Specifications Act (Act 5 of 2008)

·       Revised levy tariffs and fees for various sectors:

·       Automotive

·       Chemical, Mechanical, and Materials

·       Electrotechnical

·       Food and Associated Industries

Each section outlines:

• Commodity descriptions
• Units of measure
• New tariffs per unit
• Product certification fees
• Application and registration fees

FULL TEXT

DETAILS

Please click on the link provide below to view the fees.

LINK TO FULL NOTICE

Legal Metrology Act: Regulations: Tariff of fees charged for services; Payment of levy and fees with regard to Compulsory Specifications: Amendments

G 52750 RG 11838 GoN 6235

30 May 2025

52750rg11838gon6235.pdf

ACTION

Take note of the new fees.

MEDICAL

LAW AND TYPE OF NOTICE

National Health Insurance Act:

Regulations: Governance of the Fund: Comments invited

G 52224 GoN 5950

– Comment by 02 Sep 2025

06 June 2025

APPLIES TO: 

1. Public Healthcare Institutions

• Hospitals, clinics, and community health centers operated by the state.
• These institutions will need to align their operations with the governance and funding mechanisms of the NHI Fund.

2. Private Healthcare Providers

• Private hospitals, general practitioners, specialists, and allied health professionals.
• They may be required to contract with the NHI Fund and comply with its governance and reporting standards.

3. Medical Schemes and Health Insurers

• Medical aid schemes and private health insurers could be significantly affected, especially if the NHI becomes the primary funding mechanism for healthcare.
• Their role may be reduced or redefined under the new system.

4. Regulatory and Oversight Bodies

• Entities like the Health Professions Council of South Africa (HPCSA) and the Council for Medical Schemes (CMS) may see changes in their oversight roles or need to coordinate with the NHI governance structures.

5. Civil Society and Advocacy Groups

• Organizations advocating for health equity, patient rights, and transparency will be key stakeholders in monitoring the implementation and governance of the NHI.

6. Academic and Research Institutions

• Universities and think tanks involved in health policy, public health, and economics may contribute to advisory committees or conduct impact assessments.

SUMMED UP

Purpose of the Notice

The notice pertains to the National Health Insurance Act, 2023 (Act No. 20 of 2023) and specifically announces the publication of draft regulations for the governance of the National Health Insurance (NHI) Fund.

Key Provisions in the Draft Regulations

1.     Establishment of Governance Structures:

·       The Board of the NHI Fund is to be established with clear roles and responsibilities.

·       Advisory Committees will support the Board in technical and strategic matters.

2.     Functions of the Board:

·       Oversight of the Fund’s operations.

·       Ensuring compliance with the NHI Act.

·       Strategic planning and financial accountability.

3.     Transparency and Accountability:

·       Regular reporting to the Minister of Health.

·       Public disclosure of financial and operational performance.

4.     Public Participation:

·       The public is invited to submit comments on the draft regulations.

·       A deadline for submissions is provided (exact date would be in the full text).

How to Submit Comments

• Submissions must be made in writing.
• Contact details and submission channels (email or postal address) are provided in the notice.

FULL TEXT

DETAILS

Please click on the link provided below to view the full Proposed Governance Regulations of the Fund.

LINK TO FULL NOTICE

National Health Insurance Act: Regulations: Governance of the Fund: Comments invited

G 52224 GoN 5950

– Comment by 02 Sep 2025

06 June 2025

52224gon5950.pdf

ACTION

Please ensure that you submit your comments by 2 September 2025.

LAW AND TYPE OF NOTICE

Compensation for Occupational Injuries and Diseases Act:

Private Hospital: Annual Increase in medical tariffs for Medical Services Providers: Private Hospitals 2025-2026: Amendment

G 52741 GeN 3231

28 May 2025

APPLIES TO: 

Private Medical Sector.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Compensation for Occupational Injuries and Diseases Act: Private Hospital: Annual Increase in medical tariffs for Medical Services Providers: Private Hospitals 2025-2026: Amendment

G 52741 GeN 3231

28 May 2025

52741gen3231.pdf

COMPETITION ARTICLES

SOUTH AFRICA

Sale of iconic South African company gets the green light

The Competition Commission has recommended that the Competition Tribunal approve the proposed transaction whereby NewCo intends to acquire Barloworld.

Barloworld is a South African holding company with interests in industrial equipment, industrial services, and agriculture.

The company dates back to 1902, when Major Ernest Barlow borrowed £1,000 to form Thomas Barlow & Sons in Durban, South Africa.

Based on the family business in England with the same name, the company sold woollen goods, blankets and coats. It expanded to include engineering supplies within five years.

In 1920, the company expanded to Johannesburg, just before Ernest Barlow died from wounds he suffered in World War 1. His wife, Anne Barlow, took over as its governing director in 1921.

The fortunes of the Barlow family changed in 1927 when the Caterpillar founder visited South Africa to find agents in the country. Barlow & Sons were appointed dealers for Natal.

At this time, Ernest’s son Charles Sydney Barlow, called ‘Punch’, began distinguishing himself as an adept salesman.

In 1940, after relocating its headquarters to Johannesburg, it listed on the Johannesburg Stock Exchange (JSE).

Barlow also entered the motor business, and eventually expanded into the manufacture of cement, paint, stainless steel and household appliances, as well as mining.

Punch Barlow led the company’s transition into a sprawling conglomerate that straddled the South African economy in a similar vein to Anglo American.

It acquired Rand Mines Limited in 1971, with the new company called Barlow Rand. In 1988, it entered the Russian market through its subsidiary Vostochnaya Technica.

By 1994, the company was generating profits of over R1 billion a year, employed 240,000 people and was ranked 79th on the Fortune 500 list of global companies.

Following the end of apartheid, the company rapidly expanded its overseas interests and changed its name to Barloworld in 2000 to emphasise its global reach.

It has expanded rapidly its operations and geographical presence over the last three decades and currently operates in 16 countries.

Today, Barloworld is an industrial processing, distribution, and services company with two primary areas of focus: Industrial Equipment and Services and Consumer Industries.

In 2022, Barloworld celebrated 120 years of existence, and Barloworld Equipment celebrated 95 years of partnership with Caterpillar.

Barloworld deal

In 2024, Barloworld announced that a consortium of investors comprising Entsha (51%) and long-term shareholder Zahid Group (49%) planned to acquire the company.

This would result in Barloworld’s delisting from the Johannesburg Stock Exchange (JSE) and its transformation into a privately held company.

Earlier this year, an independent board recommended to shareholders that they vote in favour of the takeover bid from Entsha and Zahid Group.

It added that equipment supplier Caterpillar, of which Barloworld is the sole distributor in Southern Africa, is in support of the deal.

Despite the involvement of the group’s CEO in the consortium, Barloworld said it believes it has put sufficient conflict-of-interest safeguards in place.

This included the formation of an independent board to evaluate the consortium’s offer for the company.

It also included the establishment of a steering committee consisting of select unconflicted executives.

The consortium offered R123.10 per Barlowrold share, representing a premium of 87% to the company’s 30-day average share price. This values the company at a total of R23 billion.

Following the implementation of the proposed transaction, Barloworld will retain its name and remain headquartered in South Africa.

An independent expert, Rothschild & Co., was appointed by the board to opine on the fairness and reasonableness of the offer.

It has concluded that the offer is fair and reasonable. The Independent Expert has provided its valuation range, which is R105.53 to R119.43 per share.

As a result, the board recommended in the circular that shareholders vote in favour of the scheme based on the independent expert’s opinion.

Chair of the board, Dr Lulu Gwagwa, said the circular represents a significant milestone in the transaction process. It marks substantial progress towards the completion of the takeover.

Competition Commission approves the deal

On 5 June 2025, the Competition Commission announced that it recommended that the Competition Tribunal approve the proposed transaction.

It said NewCo is a special-purpose vehicle incorporated for the proposed merger, which is jointly controlled by Entsha and Falcon Holding.

NewCo does not control any firms in South Africa and has been created to enable its shareholders, who are existing shareholders of Barloworld, to acquire control over Barloworld.

It added that the acquiring group does not conduct any activities in South Africa and that Barloworld is not controlled by any firm.

“The Commission is of the view that the proposed transaction is unlikely to substantially lessen or prevent competition in any market,” it said.

To address public interest concerns, the merger parties have agreed to a phased transaction to increase ownership by historically disadvantaged persons (HDPs) and employees.

Daily Investor

DATA PROTECTION ARTICLES

CAMEROON

Cameroon’s enactment of Law No. 2024/017 on the Protection of Personal Data marks a pivotal moment in its legislative evolution. In a digital era where information is a critical asset, safeguarding personal data has become a cornerstone of modern governance.

Summary:

Cameroon has enacted its first dedicated personal data protection law, Law No. ​ 2024/017, effective December 23, 2024, marking a significant step in its digital transformation. ​ The law introduces a Personal Data Protection Authority to oversee compliance, enforce regulations, and manage cross-border data transfers. ​ Key provisions include mandatory consent, transparency, robust security measures, and penalties for non-compliance, such as fines up to 1 billion CFA francs and imprisonment. ​

Companies have until June 2026 to comply, with obligations including audits, updated privacy policies, and compliance systems. ​ The law complements existing sector-specific and regional frameworks, creating a unified structure for data protection enforcement. ​ Public reception is mixed, with concerns about potential misuse and the independence of the authority. ​

The transitional period and pending operationalization of the authority present challenges, but compliance offers benefits like enhanced customer trust and improved reputation. ​ Multinational corporations must pay particular attention to cross-border data transfer requirements. ​

Introduction

Cameroon’s enactment of Law No. 2024/017 on the Protection of Personal Data marks a pivotal moment in its legislative evolution. In a digital era where information is a critical asset, safeguarding personal data has become a cornerstone of modern governance. Cameroon’s recent enactment of the Personal Data Protection Act is a bold step forward, reflecting the country’s commitment to aligning with international data privacy standards while addressing unique local challenges and opportunities within its local context. This legislation not only protects individual privacy but also fosters a secure environment for innovation and business growth, ensuring Cameroon’s digital ecosystem remains resilient and trustworthy.

The Legal Context

The new Act affirms Cameroon’s recognition of the right to privacy as a fundamental principle, as enshrined in its Constitution. The preamble of the Constitution explicitly declares that “the privacy of all correspondence is inviolate” and that “no interference may be allowed except by virtue of decisions emanating from the Judicial power.” This constitutional guarantee serves as the foundation for the Act, which addresses the growing prevalence of data breaches globally by establishing a comprehensive legal framework. The Act regulates the collection, processing, storage, and transfer of personal data both within Cameroon and across its borders, ensuring a balance between individual privacy and lawful data use.

Key Provisions of the Personal Data Protection Act

Consent as a Cornerstone (Sections 13-16):

The Act mandates that individuals’ explicit and informed consent must be obtained before their personal data is processed. Exceptions are made only in cases of national security, legal obligations, or the protection of vital interests. Section 13 particularly emphasizes that consent must be freely given, specific, and revocable at any time. For example, a user who no longer wishes to receive marketing emails should be able to easily opt out, ensuring their preference is respected and data processing ceases immediately.
 

Data Minimization (Sections 17-19):

Entities are required to collect only the personal data necessary for their explicitly stated purposes, as stipulated in Section 17. The law also obliges organisations to implement measures ensuring that data processing remains proportionate and secure. Section 18 outlines the requirements for transparency and accountability in data collection and storage.

Rights of Data Subjects (Sections 20-25):

The Act introduces comprehensive rights for data subjects, including:

Right of Access (Section 20): Individuals have the right to access their personal data and receive information on how it is processed.

Right to Rectification (Section 21): Data subjects can request corrections to inaccurate or incomplete data.

Right to Erasure (“Right to Be Forgotten,” Section 22): Individuals can request the deletion of their data under specific conditions, such as when the data is no longer necessary for the purpose it was collected.

Right to Object (Section 23): Data subjects can object to processing activities, particularly for direct marketing or automated decision-making.

Cross-Border Data Transfer (Sections 26-30):

The Act imposes stringent conditions on the transfer of personal data to countries without adequate data protection laws. Section 26 specifies that such transfers can only occur if safeguards like binding corporate rules or standard contractual clauses are in place. Section 28 emphasizes the role of the regulatory authority in assessing the adequacy of protections in the recipient country.
 
Opportunities and Challenges

Opportunities:

Global Competitiveness: By embracing data protection standards, Cameroonian businesses enhance their trustworthiness, fostering international trade and partnerships.

Innovation and Growth: Compliance encourages organisations to adopt advanced data management technologies, driving innovation.

Adopting robust data protection practices not only enhances brand loyalty but also fosters long-term customer trust, creating a competitive advantage in the increasingly data-driven global marketplace

Challenges:

Awareness and Compliance: Compliance with the Act may be particularly challenging for small and medium-sized enterprises (SMEs), which often operate with limited financial resources, technical expertise, and awareness of regulatory requirements

Enforcement Mechanisms: Ensuring consistent enforcement and addressing potential abuse of exceptions, particularly those related to national security, will require the establishment of transparent oversight mechanisms and robust checks and balances.
Cost of implementation in appointing DPOs, training and cost of technology upgrades is challenging for most businesses
 
Strategic Compliance Recommendations
As Cameroon embarks on this transformative journey, legal advisors play a pivotal role in guiding stakeholders toward compliance while fostering a culture of accountability and ethical data use.

Developing Comprehensive Policies: Organizations should draft and implement tailored data protection policies that clearly outline protocols for data collection, processing, and storage, ensuring alignment with the Act’s requirements and fostering transparency.

Investing in Training: Regular training sessions for employees on data privacy principles and the specifics of the law will bolster compliance.

Leveraging Technology: Organizations should invest in cost-effective technologies, such as encryption, anonymization, and secure data management systems, to enhance data security and reduce the risk of breaches.

Appointing Data Protection Officers (DPOs): Designating a DPO to oversee compliance ensures organisations maintain accountability and adapt to evolving regulatory
  
Conclusion

The enactment of Cameroon’s Personal Data Protection Act represents a landmark achievement after years of negotiations, signalling a new era of accountability and trust in the nation’s digital landscape. The success of this legislation hinges on its effective implementation, which will require coordinated efforts among regulators, businesses, and civil society Building the capacity of data controllers, promoting public awareness through nationwide campaigns, community workshops, and partnerships with educational institutions will be critical in empowering citizens to understand and exercise their data privacy rights effectively.

Collaboration between the government, private sector, and civil society will be indispensable in navigating this transition. For instance, establish a public-private commission to monitor compliance, adopt data protection measures, and conduct nationwide campaigns to educate citizens on their data privacy rights. Such partnerships will ensure that enforcement is consistent, businesses are supported in achieving compliance, and the rights of individuals are safeguarded.

This legislation positions Cameroon to navigate the challenges/ complexities of the digital era with greater resilience and adaptability fostering a more inclusive, secure, and innovative digital ecosystem. By fostering trust, enhancing innovation, and ensuring inclusivity, the Act lays the groundwork for a safer and more equitable digital future. It is now up to all stakeholders to work together to realize the full potential of this transformative framework, creating a thriving ecosystem that benefits everyone.

Achare Mbiwan Takor, Senior Associate,

CLG Cameroon.

Operationalising Cameroon’s Data Protection Law: A Review of Key Provisions and Impacts

Read up on a comprehensive report of the Cameroon’s Data Protection Law. Learn more about the law’s key provisions and impacts.

Introduction

In December, 2024, Cameroon’s Parliament officially gazetted its Data Protection Law (“the Law”). The enactment of the Law concludes a process that commenced in 2023, and was resumed with the deliberation of the data protection bill in May 2024. The Law establishes a comprehensive legal framework for the processing of personal data in the country. It creates rights for data subjects and introduces robust accountability mechanisms. A key aspect of the Law is the creation of a Personal Data Protection Authority (“the Authority”) to oversee compliance and issue necessary regulations for its implementation. This review highlights the key provisions of the law and provides an operationalisation roadmap for data controllers and processors during the 18-month transition period.

Scope of application – Articles 2 & 3

The Law governs the processing of personal data within Cameroon. Unlike some other data protection laws, it does not have extraterritorial applicability, excluding processing activities of data controllers and processors established outside the country processing the data of data subjects in Cameroon. The law also applies in a territory where Cameroonian law applies. The law does not apply to the processing of personal data for solely personal and household activities, literary, artistic, and journalistic purposes, and processing for archival purposes in the interest of the public.

Establishment of the Personal Data Protection Authority – Article 53

The Law provides for the creation of the Data Protection Authority (‘the Authority’) to oversee its implementation. The Authority will play a pivotal role in operationalising the law by issuing regulations, publishing adequacy decisions for international data transfers, and enforcing overall compliance. Its establishment will be formalised through a presidential decree.

Principles of processing – Articles 6-13 & 15

The Law emphasises fundamental processing principles such as respect for privacy, lawfulness, fairness, purpose limitation, accuracy, storage limitation, confidentiality, and security. The controller and processor must also ensure non-fraudulent processing of personal data.

Processing of minor’s  personal data – Articles 9 & 19(2)

The Law provides protections for minors (individuals under 18 years). Processing their data requires parental or guardian consent, where it is the lawful basis. Processing of data for offering services to minors must be adequate, relevant, and limited to what is necessary for that purpose. Legal representatives may object to any processing without consent. Additionally, the prior authorisation of the Autority must be obtained to process the sensitive data of a minor.

Information provision to the data subject – Articles 14 & 21

The Law places an obligation on data controllers to provide comprehensive information to data subjects regarding processing activities. The information must include the purpose of processing, third party recipients, the rights of the data subject, the retention period, and the post-mortem treatment guidelines. The is expected to be done through a privacy notice and other transparency documents.

Prior authorisation of processing – Article 19

The Law mandates that personal data processing be subject to prior authorisation by the Authority. The detailed procedure for obtaining this authorisation will be outlined in future regulations issued by the Authority. An example under the law is the processing of sensitive data if minors.

Data security – Article 22(2) & 27

The Law requires data controllers and processors to implement relevant technical and organisational measures to ensure the security of personal data. These measures include access management, backing up data, third party verification, and preventing unauthorised access to personal data. Furthermore, controllers are required to submit annual reports on the implementation of these measures, based on a reference framework to be issued by the Authority.

Breach notification – Article 22

The Law requires both data controllers and processors to notify the Authority and affected data subjects in the event of a data breach. Unlike many other data protection laws that place this obligation solely on the data controller, the law holds processors equally accountable. Additionally, the Law does not make a distinction between the type of risk (high risk or risk) that should trigger notification, which may lead to uncertainty.

 Retention periods   – Article 28

The law emphasises compliance with maximum retention periods for personal data, which will be specified in the reference framework to be developed by the Authority. Organisations are expected to align their retention schedules with these timelines.

Record of Processing Activities (RoPA) – Article 29

The Law mandates data controllers and processors to maintain a detailed record of processing activities, either in digital or physical form. The RoPA should indicate the name and contact details of the entity, the purpose of processing, the categories of the recipients of the data, and documents attesting to the existence of relevant safeguards or the authorisation number for the processing.

Data processing agreements – Articles 16, 30 and 31

Controllers must execute contracts with processors, ensuring guarantees of appropriate measures to comply with the Law. These agreements must outline details such as data subject categories, types of data processed, and the rights and obligations of the parties. Additionally, joint controllers are required to execute contracts governing their shared responsibilities

International data transfer – Article 32

Cross-border transfers of personal data are subject to prior authorisation by the Authority. To grant such authorisation, the Authority is expected to consider whether the recipient country has an adequate level of protection, a prior contract is executed with the destination country, in conjunction with the relevant authorities.

Data Protection Impact Assessment (DPIA) – Article 33

Where processing is likely to result in high risk to the data subject, the data controller is required to conduct a  DPIA. The conditions and procedure for carrying out a DPIA are to be specified by the Authority in a subsequent regulation.

Rights of data subjects – Articles 23, 37-44, 46

The Law provides several rights for data subjects, including the right to access, rectification, erasure, data portability, and the ability to object to or restrict processing. It also includes protections against solely automated processing and profiling and post-mortem rights for beneficiaries to update a deceased person’s data under specific conditions. The timeline and procedure for responding to data subject rights requests will be set by regulation.

Post-mortem privacy rights – Article 45

The Law requires the cessation of processing a deceased data subject’s data once their death is confirmed. However, processing may continue if required by a legal obligation, for the defence of a legal claim against the controller, or in accordance with the deceased’s specific post-mortem instructions. To exercise the rights of a deceased data subject, beneficiaries are allowed to request updates to the deceased’s information, with the associated costs borne by the data controller.

Certification mechanism   – Articles 34 & 35

The Authority is empowered to create a certification mechanism to validate compliance with the Law.

Additionally, the procedures for monitoring and controlling compliance with the law by controllers and processors shall be laid down by regulation.

Prohibited processing activities -Articles 48- 51

The Law imposes several prohibitions on data processing to ensure privacy and compliance. It prohibits the processing of sensitive personal data, including information about religious, philosophical, political, or trade union opinions and activities, as well as data on racial or ethnic origin, linguistic or regional background, sex life, genetics, health, and biometrics. Processing financial data without authorisation from the competent authorities is also prohibited, subject to relevant legal conditions. Additionally, it prohibits processing without prior consent from the data subject or authorisation from the Authority. Processing is further prohibited if the Authority has ordered deletion or if it conflicts with public order, interests, or morality.

Sanctions – Articles 54 – 71

The law imposes both civil and criminal liabilities for non-compliance, ensuring accountability. Non-compliance may attract a fine of up to 100,000,000CFA (approximately 156, 865 USD) or a term of imprisonment of up to 10 years.

To ensure compliance with the provisions of the Law before the transition period ends in June 2026, data controllers and processors must take the following actionable steps.

• Obtain authorisation to process data: Data controllers and processors must seek prior authorisation from the Authority before processing personal data. This ensures compliance with the legal framework. While the Authority will publish the procedure for obtaining authorisations, data controllers and processors must document processing activities as part of preparations for the application.
• Develop a functional consent mechanism: The law appears to elevate consent as the sole lawful basis, however, this does not minimise the role of data protection obligations created under other laws that will be subject to legal obligation. Data controllers and processors need to create clear and accessible consent mechanisms that ensure data subjects provide informed, specific, and voluntary consent for data processing. This includes maintaining a system to record consent and providing users with a simple and effective way to withdraw their consent. Controllers must ensure transparency in how consent is obtained and provide detailed information on how data will be used.

Implement safeguards for processing children’s data: Data controllers and processors must take additional precautions when processing data related to minors (children under 18 years), including obtaining consent from parents or guardians and verifying the identity of the guardian or parent. Processing must be limited to what is necessary for the specific service offered to the minor. Implementing age verification systems and clear parental consent mechanisms is crucial to safeguard children’s data.

• Implement security measures: Data controllers and processors are required to adopt appropriate technical and organisational measures to protect personal data, such as encryption, access control, regular security assessments, and monitoring. Organisations must assess their current security frameworks, implement necessary improvements, and ensure they are ready to submit annual reports on the state of their security measures to the Authority, as required by the law.

• Conduct a data mapping exercise: Organisations should conduct a comprehensive data mapping exercise to document all personal data processing activities, including their purposes, sources, categories of data, and data subjects, safeguards in place, and any authorisations obtained. This mapping will help organisations develop a RoPA, as mandated by the law.

• Seek authorisation for international data transfers: Any international transfer of personal data must be authorised by the Authority. Therefore, organisations intending to transfer personal data outside Cameroon must obtain prior authorisation.

• Conduct Data Protection Impact Assessments (DPIAs): For processing activities that may pose high risks to data subjects’ rights and freedoms, there is a need to conduct a DPIA. DPIAs should be carried out before processing begins. Further guidance on the activities that may trigger a DPIA will be published by the Authority.

• Adopt a vendor due diligence procedure: Data controllers must implement a due diligence procedure for assessing and ensuring that third-party processors comply with data protection obligations. This includes executing data processing agreements that document the obligations of both parties, outlining safeguards, and ensuring processors follow appropriate data protection measures. It is crucial that controllers verify the data protection practices of all processors before engagement.

• Adopt a procedure for data breach notification: Data controllers and processors must implement clear procedures for notifying the Authority and affected data subjects in case of a data breach. The law requires immediate notification of any breach, regardless of its severity. Organisations should set up a breach response plan that includes a clear protocol for reporting breaches within a reasonable time, ensuring both the DPA and data subjects are informed in a timely manner.

Operationalise data subject rights: Data controllers must ensure that data subjects can easily exercise their rights under the law. Organisations should create systems that streamline these requests, ensuring responses are made within the required timelines and that all requests are processed in accordance with legal obligations.

While the Law establishes robust safeguards for personal data, some of its provisions may pose significant compliance challenges for organisations. The reliance on the Authority for multiple authorisations and implementing regulations could lead to delays in operationalising compliance. Further, the creation of the Authority is dependent on a presidential decree, which may stall the issuance of implementing guidelines and authorisations if not created swiftly. Furthermore, the extensive prohibitions on processing sensitive data and financial data may hinder innovation and impose operational difficulties for industries reliant on such data, like the health and financial sector. Finally, the Law seems to elevate consent above other lawful bases for processing like contract, legal obligation, legitimate interest, and others, which are more suitable in certain situations, where consent may not be ideal. This would create operationlisation challenge, but would also not invalidate specific provisions of other laws that creates legal obligation like anti-money laundering and counter-terrorism law.‍

Conclusion

While the Law provides a comprehensive framework for data protection in Cameroon, its successful implementation depends on the upcoming guidelines and regulations from the Authority. These include the procedure for authorisations, reference framework for technical and organisational security measures, the conditions for conducting DPIAs, the procedures for authorisation of international data transfers and the adequacy list, timelines and process for handling data subject requests, among others. These regulations will provide further clarity on compliance obligations and help organisations align their practices with the law’s requirements before the end of the 18-month transition period.

Contributors: Dorcas Tsebee, Precious Nwadike, Victoria Adaramola and Ridwan Oloyede

TH ADMIN

Copy of the act is available here:

Protection of Personal Data

No. 2024/017

LABOUR ARTICLES

SOUTH AFRICA

Is your financial institution ready for the new employment equity targets?

The transformation imperative in South Africa’s financial services sector has reached a critical juncture with the recent amendments to the Employment Equity Act 55 of 1998 (EEA), which came into effect on 15 April 2025. These legislative changes signal a transition from a discretionary compliance model to a more prescriptive and measurable approach. Employers in the financial services sector are now required to actively drive change through clearly defined numerical targets and strategic employment equity planning.

This is particularly important given the slow pace of transformation across all sectors, including the financial services sector. The sector faces challenges such as the underrepresentation of historically disadvantaged individuals in executive roles, skill shortages, and complex corporate structures. As a result, the financial services sector is under increased pressure to demonstrate concrete transformation outcomes.

Sector-specific targets: What employers in the financial services sector must achieve

The key driver behind these heightened obligations is the introduction of section 15A into the EEA. This provision grants the Minister of Employment and Labour the authority to determine sector-specific numerical targets applicable to designated employers.

The amendments introduce five-year sectoral targets tailored to, amongst other sectors, the financial and insurance sector. Designated employers operating within this sector are required to incorporate these into their Employment Equity Plans (EEPs).

For the financial and insurance sector specifically, the sectoral targets require that 63.1% of top management positions be held by members of designated groups. Of these, 27.8% should be occupied by males from designated groups, and 35.3% by females from those groups. At senior management level, the target increases to 77.0%, with 31.7% allocated to males and 45.3% to females within designated groups. For the professionally qualified and middle management category, the target is set at 86.8%, broken down into 40.7% male and 46.1% female representation among designated groups.

For skilled technical positions, 95.6% of these are expected to be held by designated groups, comprising 49.5% male and 46.1% female representation. In addition to these occupational level targets, there is a universal requirement across all levels that at least 3% of positions be filled by persons with disabilities.

These targets are not merely aspirational, they are enforceable. Employers are expected to report progress annually, and a failure to meet these thresholds may result in scrutiny, penalties, or loss of access to state contracts.

While the legislation allows employers to justify non-compliance with sectoral targets, these justifications will be rigorously assessed. Acceptable grounds may include a lack of suitably qualified candidates from designated groups, limited promotion or recruitment opportunities, the impact of business transfers, mergers, CCMA awards, court orders, or adverse economic conditions.

Importantly, these reasons must be thoroughly documented. The onus is on the employer to prove their validity, and unsupported or vague justifications are unlikely to be accepted. Therefore, employers must maintain detailed records and internal analyses to substantiate any departure from their EEP commitments.

For effective implementation, organisations must strengthen their internal employment equity structures. This includes training line managers and employment equity forum representatives, particularly those involved in recruitment and promotion decisions. These forums must be empowered to act as transformation champions within the business.

Additionally, employers should upgrade administrative processes to support accurate data collection, timely reporting, and robust monitoring. Record-keeping is particularly critical where employers rely on justifications for not meeting targets.

A strategic imperative for financial services employers

The EEA amendments mark a clear departure from soft compliance. For the financial services sector, alongside all other affected sectors, transformation is no longer a peripheral human resources function but a core strategic priority. The legislative changes call for intentional, well-resourced, and evidence-based planning that integrates employment equity into every level of workforce decision-making.

Financial sector employers must act decisively. Reviewing and updating EEPs, setting defensible numerical goals, building internal capacity, and aligning organisational culture with transformation goals are no longer optional; they are essential for legal compliance, commercial competitiveness, and meaningful social impact.

Dhevarsha Ramjettan, Nivaani Moodley and Kanyiso Kezile

Webber Wentzel

South Africa: Rebalancing the scales – new employment equity targets for greater transformation in South African workplaces

In brief

In April 2025, the Department of Employment and Labour published revised Employment Equity Regulations together with sector-specific numerical targets affecting various occupational levels. In order to align with the sectoral targets, the revised regulations mandate that designated employers must prepare five-year employment equity plans by 31 August 2025 to be implemented from 1 September 2025. The regulations ultimately aim to address the slow pace of transformation, particularly in relation to Black Africans and their representation at senior levels in South African workplaces. While challenging, these measures seek to ensure a more inclusive workforce and improved business performance.

In more detail

On 15 April 2025, the Department of Employment and Labour (the “Department”) published and implemented revised Employment Equity Regulations 2025 and the Determination on Sectoral Targets. The regulations and determination were published in terms of the 2022 amendments to the Employment Equity Act, 55 of 1998, which became effective on 1 January 2025 (the “EEA”).

Introducing mandated sectoral targets marks a significant shift in South Africa’s employment equity landscape. Historically, the EEA has always required designated employers to implement affirmative action measures and work towards ensuring equitable representation of previously disadvantaged designated groups in its workforce.

In order to comply with the regulations, designated employers across the identified sectors must revise their employment equity plans to align with the specified sector numerical targets, which aim to achieve equitable representation of designated groups across all occupational levels, with sectoral targets for the four upper occupational levels determined for each of the 18 economic sectors identified. Designated employers are required to implement the revised five year employment equity plans from 1 September 2025.

Designated employers must use the new forms (EEA 12 and EEA13) published on the Department’s website to prepare their revised employment equity plans and to report on their progress of implementing their plan annually. Designated employers who are unable to comply with the sectoral targets must be able to show reasonable grounds for non-compliance as detailed in the regulations. Reasonable grounds include insufficient recruitment/promotion opportunities and insufficient target individuals from designated groups with relevant formal qualifications, prior learning, relevant experience or capacity to acquire the ability to do the job within a reasonable timeframe.

Designated employers who fail to comply with their obligations without justifiable reasons, may be issued a compliance order by the Department. Compliance orders will provide designated employers an opportunity to rectify their non-compliance, or a fine may be imposed. Fines for first offences range between the greater of ZAR 1.5 million or 2% of the employer’s annual turnover, up to the greater of ZAR 2.7 million or 10% of the employer’s annual turnover for their fourth offence.

Businesses may be questioning why the Department has taken this stance in the recent amendments to the EEA. In a statement, the Minister described the set of regulations as a “pivotal step toward advancing transformation and inclusivity in the South African labour market.”

The Quarterly Labour Force Survey published by Stats SA on 13 May 2025 provides important insights. In Q4 2024, Black Africans faced an unemployment rate of 37% which is higher than the national average of 32.9% and higher than other population groups. Black African woman were reported to have the highest unemployment rate at 39.8%, while White males continued to have the lowest unemployment rate at 8.6%. The unemployment rates in the Q4 2024 survey reflect the same trend established over the past 10 years. These disparities highlight why it is necessary for employers to take affirmative action steps.

If the statistics don’t convince businesses that workplace transformation is crucial in South Africa, the potential to increase financial returns and retain top talents provides an additional motivation. McKinsey’s 2023 report titled “Diversity matters even more: The case for holistic impact” indicates that companies with diverse leadership teams, in terms of both ethnicity and gender, are more likely to outperform their peers financially. Diversity within a business’s leadership also bolsters its reputation and attractiveness as an employer, attracting top talent from various backgrounds.

With the financial and employee benefits highlighted acting as the carrot, the EEA certainly provides the stick. For designated employers, the sectoral targets present both challenges and opportunities. On one hand, the stringent requirements necessitate a thorough review of current employment practices and the implementation of comprehensive measures to meet the sectoral targets. This may involve significant changes in recruitment, promotion, and workforce planning. On the other hand, focussing on workplace transformation will lead to a more diverse and inclusive workforce. This is not only necessary to redress past discriminatory practices but has been shown to enhance business performance.

Committing to sustainable and meaningful implementation of affirmative action measures will assist businesses to comply with the EEA, attract top talent and potentially increase profitability. Investing time and resources in preparing an effective employment equity plan in terms of the 2025 regulations and sectoral targets will ensure that businesses transform their workforce.

Baker McKenzie