GAZETTE WATCH 31 October – 05 November 2024.

Agriculture:

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act:

Notice: Prohibition Notice regarding the use of certain agricultural remedies.

Government Notice: Government Gazette, 1 November 2024, No 5500.

The notice seeks to notify the public of a prohibition on the use of certain agricultural remedies under the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act.

Purported purpose: To provide for a movement towards sustainable agriculture through the prohibition on the use of certain agricultural remedies. In particular, the prohibition on the acquisition, disposal, sale or use of agricultural remedies containing Chlorpyrifos and Cartap Hydrochloride as active ingredients.

Comment: The prohibition on certain agricultural remedies is part of a broader movement towards sustainable agriculture. This aligns with global trends emphasizing the reduction of chemical inputs to protect both the environment and public health.

_______________________________________________________________________________

Environmental:

National Environmental Management: Air Quality Act:

Notice: Publication of South Africa’s 2022 Grid Emission Factors Report

Government Notice: Government Gazette, 1 November 2024 No 51495.

The notice provides for an overview of South Africa’s 2022 Grid Emission Factors Report.

Purported purpose: This report aids in formulating policies aimed at reducing air pollution and improving public health outcomes.

Comment: The release of the 2022 Grid Emission Factors Report is significant for tracking emissions across various sectors.

_______________________________________________________________________________

Marine Living Resources Act:

Notice: The Draft Policy on Allocation and Management of Rights to Operate a Fish Processing Establishment as well as the Draft Policy on the Transfer of Commercial Fishing Rights (collectively the Draft Policies).

Government Notice: Government Gazette, 1 November 2024 No 5504.

The notice seeks to publish the Draft Policies for public interest and comment.

Purported purpose: Members of the Public are encouraged to submit their comments within 30 days of the publication of the notice. The Draft Policies guide the Minister or Delegated Authority in the exercise of their powers to grant a right to operate a fish processing establishment in terms of section 18 of the Marine Living Resources Act, 1998 (MLRA) or to approve the transfer of a right in terms of section 21 of the MLRA. The Draft Policies have been reviewed to provide more clarity on certain issues and address implementation challenges.

Comment: The policies regarding fish processing establishments and the transfer of commercial fishing rights are crucial for ensuring sustainable fishing practices and equitable resource management in South Africa’s marine environments.

_______________________________________________________________________________

National Environmental Management Waste Act:

Notice: Consultation on the Proposed Regulations relating to the procedure to be followed by persons called upon by Minister to apply for a Waste Permit.

The notice aims to highlight the National Environmental Management Waste Act draft regulations, in relation to Waste Management Licenses, for Public interest and Public comment.

Government Notice: Government Gazette, 1 November 2024 No 5491.

Purported purpose: Members of the Public are encouraged to submit their comments within 30 days of the publication of the notice.

Comment: The regulations on waste management licenses and marine oil pollution reflect South Africa’s commitment to environmental sustainability and compliance with international environmental standards.

_______________________________________________________________________________

Marine Oil Pollution (Preparedness, Response and Cooperation) Bill, Bill 10 of 2022.

Notice: Draft Marine Oil Pollution (Preparedness, Response and Cooperation) Administration Regulations, 2024.

Government Notice: Government Gazette, 1 November 2024 No 5497.

The Notice seeks to inform that the Minister of Transport intends, in anticipation of the promulgation into an Act of Parliament of the Marine Oil Pollution (Preparedness, Response and Cooperation) Bill, Bill 10 of 2022 as introduced in the National Assembly (proposed section 76); explanatory summary of Bill and prior notice of its introduction published in Government Gazette No. 45983 of 28 February 2022, to introduce and promulgate the Draft Marine Oil Pollution (Preparedness, Response and Cooperation) Administration Regulations, 2024.

Purported purpose:  The Marine Oil Pollution (Preparedness, Response and Cooperation) Bill, Bill 10 of 2022 aims to give effect to the International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990; and to provide for matters connected therewith.

_______________________________________________________________________________

Health and Safety:

Foodstuffs, Cosmetics and Disinfectants Act:

Regulations relating to Milk and Dairy Products in terms of Section 15(1) of the Foodstuffs, Cosmetics and Disinfectants Act.

Government Notice: Government Gazette, 1 November 2024 No 5507.

Purported purpose: Amendment of Annexure C of the Regulations:  The regulations are hereby amended by the deletion of Zeerust from Annexure C of the Regulations as an area where raw dairy products can be sold.

_______________________________________________________________________________

Regulations relating to maximum levels of Mycotoxins in Foodstuffs in terms of the Foodstuffs , Cosmetics and Disinfectants Act:

Government Notice: Government Gazette, 1 November 2024 No.5505.

Purported purpose: To establish maximum levels of mycotoxins in foodstuffs to protect public health.

The regulations aim to prevent the sale of foodstuffs that exceed specified mycotoxin levels, which are deemed harmful or injurious to human health.  Additionally, the regulations provide definitions and guidelines for sampling methods to ensure compliance and effective monitoring of mycotoxin levels in food products.

_______________________________________________________________________________

Regulations relating to the use of food additives in foodstuffs in terms of the Foodstuffs , Cosmetics and Disinfectants Act;

Government Notice: Government Gazette, 1 November 2024 No.5506.

Purported purpose: To ensure that any food additive used in foodstuffs serves a specific technological function without compromising safety or quality.

Comment: The new regulations concerning food additives and mycotoxins are vital for consumer safety, aiming to prevent foodborne illnesses and ensure that food products meet safety standards.

_______________________________________________________________________________

Transportation:

Road Accident Fund Act:

Notice: The notice seeks to highlight an adjustment of the Statutory limit in respect of claims for loss of income and loss of support, in terms of the Road Accident Fund Act.

Government Notice: Government Gazette, 1 November 2024 No.50569.

Purported purpose: The Road Accident Fund, in accordance with section 17(4A) of The Road Accident Fund Act, adjusts and makes known that the amounts referred to in subsection 17(4) are hereby adjusted to R368 035.00, with effect from 31 October 2024, to counter the effects of CPI inflation.

Comment: The adjustment of statutory limits for claims is essential for ensuring that victims of road accidents receive adequate compensation, reflecting ongoing discussions about the sustainability and reform of the fund.

_______________________________________________________________________________

Legal Articles:

L’Oreal SA Copycat Claim:

Summary: This case highlights the importance of intellectual property rights in the cosmetics industry, where brand integrity is paramount.

_______________________________________________________________________________

Spam Regulations:

Summary: Relief could be in sight for consumers tired of intrusive and unwanted calls from direct marketers. A proposed amendment to the Consumer Protection Act (CPA) seeks to create an opt-out registry, allowing individuals to block unsolicited marketing communications. On 28 October, Minister of Trade, Industry, and Competition Parks Tau published the draft amendment to the CPA Regulations in the Government Gazette, inviting public feedback within 45 days.

Comment: New rules aimed at reducing spam calls are part of broader consumer protection efforts, addressing growing concerns over privacy and unwanted communications.

_______________________________________________________________________________

Citizenship Issues:

Summary: The South African Constitutional Court (ConCourt) is reviewing a case regarding Section 6(1)(a) of the Citizenship Act, which has resulted in many South Africans losing their citizenship upon acquiring a second nationality.

Comment: The petition to reinstate citizenship rights underscores ongoing legal and social debates about nationality and individual rights in South Africa.

_______________________________________________________________________________

Business Compliance:

Summary: Warning to businesses in South Africa – major deadline hitting this month.

Comment: The warning to businesses about upcoming deadlines emphasizes the need for companies to stay informed about regulatory changes to avoid penalties.

_______________________________________________________________________________

Vodacom and Makate:

Summary: Vodacom maintains that it has acted in good faith and is committed to complying with the Constitutional Court’s ruling from 2016, which instructed the company to engage in a negotiation with Makate over the compensation for his idea. In 2023, the company emphasized that it had made several attempts to settle the matter over the years and has put forward a reasonable offer. According to Vodacom, its offers are aligned with what they believe is a fair compensation considering the market value of the service and the legal framework surrounding the dispute.

Comment: The ruling on Vodacom’s offer to Makate reflects ongoing discussions about fair compensation and the rights of individuals in corporate settings.

_______________________________________________________________________________

Mining Safety Regulations:

Summary: New stringent mining health and safety regulations.

Comment: The warning about safety violations in mining operations highlights the critical importance of compliance with safety standards to prevent accidents and protect workers.

_______________________________________________________________________________

New Smoking Laws:

Summary: South Africa’s recent smoking laws have faced significant backlash from various sectors, particularly from the tobacco industry and smokers’ rights groups, as the government has been pushing for stricter regulations to combat smoking-related health issues. These new laws, designed to reduce smoking rates and protect public health, have sparked debates around personal freedom, economic impact, and the effectiveness of the measures.

 Comment: The backlash against new smoking regulations indicates the complexities of public health policies and the need for balancing health concerns with individual freedoms.

Summary:

These updates reflect significant regulatory changes and ongoing legal developments in South Africa, focusing on sustainability, consumer protection, and corporate governance. The emphasis on environmental management, food safety, and compliance underscores the government’s commitment to public health and safety, while also addressing the rights of individuals and businesses in a rapidly changing legal landscape.

Should you like to receive more detailed reports, please contact us directly for further information.

mailto:info@compliancetools.co.za

THE LEGAL TEAM