JUNE ROUND UP – IN CASE YOU MISSED OUR WEEKLY REPORTS
Dear Subscribers,
June was a busy month for compliance and regulatory updates.
To help you stay on top of it all, we’ve compiled a dedicated roundup of the key developments, just in case you missed anything along the way.
Please see the attached link to a more detailed PDF version of the June round up: June Round Up
- Agriculture: New directives on credit risk for forest and agricultural land.
- Business: A streamlined licensing policy to reduce red tape and boost MSME inclusion.
- Municipal Affairs: Progress on the Municipal Demarcation Authority Bill.
- Procurement: The EFF’s draft Insourcing Bill targets corruption in outsourced services.
- Banking & Finance: Key amendments to credit risk regulations and auditor ethics codes.
- Crime & Policing: New standards for crowd management and arrest procedures.
- Legal Sector: The B-BBEE Legal Sector Code is now in force, with oversight by a new Charter Council.
- Mining: Mandatory codes for fire prevention and change management published.
- Infrastructure: A draft framework aims to improve community engagement in public projects.
Contents
Risk Exposures Secured By Forest And Agricultural Land
Business Licensing: Newly Gazetted Policy Expected To Reduce Red Tape
Municipal Demarcation Authority Bill: Ncop Committee Calls For Written Submissions
Public Sector Procurement: Eff Submits Draft Insourcing Bill To Parliament
International Co-Operation In Criminal Matters Act: Draft Amendment Bill Submitted To Parliament
Banks Act Regulations: Credit Risk Exposure Amendments Gazetted
Trade, Industry & Competition: Director-General Hazy On Omnibus Bill Specifics
Municipal Police: New Crowd Management & Arrest Standards Gazetted
Fire & Change Management Code Compilation Guidelines Published
Priority Crime Investigative Directorate: Regulatory Amendments Gazetted
B-BBEE: Briefing Patterns To Be Monitored – Minister
About The Legal Sector B-BBEE Code, Which Has Been Gazetted And Is In Force
Auditors: IRBA Code Of Conduct To Be Revised
Social Integration Framework Out For Comment
AGRICULTURE
RISK EXPOSURES SECURED BY FOREST AND AGRICULTURAL LAND
The Prudential Authority has called for input by 14 July 2025 on a proposal for the treatment of risk exposures secured by forest and agricultural land.
Released in the form of a draft directive, the proposals are underpinned by the premise that, in terms of the amended regulations, such risk should be ‘based on considerations of the broader real estate framework’. To that end, specific weightings are mooted for exposures secured by forest and agricultural land in the context of residential and commercial real estate in various sets of circumstances.
- draft directive
EXECUTIVE SUMMARY
The purpose of this proposed Directive is to direct banks, controlling companies, and branches of foreign institutions (hereinafter collectively referred to as ‘banks’) on the prudential treatment for credit exposures secured by forest and agricultural land.
Regulations 23(6)(c) and 23(6)(d) of the amended Regulations relating to Banks (Regulations) exclude certain categories of forest and agricultural land from the land acquisition, development, and construction (ADC) category of both residential and commercial real estate.
Other than the land ADC category, forest and agricultural land are not explicitly mentioned in any other category of real estate in the amended Regulation
SUMMARY OF THE PROPOSED DIRECTIVE ON CREDIT EXPOSURES SECURED BY FOREST AND AGRICULTURAL LAND
Background
The Prudential Authority (PA), under the Banks Act of 1990, has issued a proposed directive to address the prudential treatment of credit exposures secured by forest and agricultural land.
This directive is aimed at banks, foreign institutions, controlling companies, and auditors, providing clarity on how such exposures should be treated within the broader real estate framework.
Key Issues
Forest and agricultural land have historically been excluded from the land acquisition, development, and construction (ADC) category in the amended Regulations relating to Banks.
However, the Regulations do not explicitly address the prudential treatment of these types of land, leaving a gap in regulatory guidance.
The proposed directive seeks to fill this gap by aligning the treatment of forest and agricultural land with the broader real estate framework while recognizing its unique characteristics.
DIRECTIVE HIGHLIGHTS
Residential Real Estate
- Risk weights are to be applied based on compliance with specific criteria in the amended Regulations.
- Loans dependent on cash flows generated by the property or related to ADC land are subject to higher risk weights (100% or 150%).
- Exposures not meeting prescribed criteria may be treated as unsecured exposures, subject to PA discretion.
Commercial Real Estate
- Risk weights are applied based on compliance with the amended Regulations.
- Loans dependent on cash flows or related to ADC land are subject to higher risk weights (150%).
- Exposures outside prescribed categories may also be treated as unsecured exposures, subject to PA discretion.
Effective Date
The effective date of the directive is yet to be determined.
Invitation for Comment
The PA invites comments from all interested parties, including legal professionals, financial institutions, and auditors. Submissions should be sent to SARB-PA@resbank.co.za and RSD-CreditRisk@resbank.co.za by 14 July 2025.
Comments should be addressed to Mr. Dzhavhelo Nevari.
Conclusion
This proposed directive is a significant step in providing regulatory clarity for credit exposures secured by forest and agricultural land.
Legal professionals are encouraged to review the directive and provide input to ensure its alignment with industry practices and legal standards.
BUSINESS
BUSINESS LICENSING: NEWLY GAZETTED POLICY EXPECTED TO REDUCE RED TAPE
The Department of Small Business Development has gazetted a business licensing policy intended to streamline the processes entailed across national, provincial and municipal government – thus ‘ensuring regulatory consistency and improved compliance’.
This is according to a media statement on the 28 May 2025 Cabinet meeting at which the policy was approved, having been released in draft form in March 2024 for public comment.
The statement also notes that, ‘by introducing clear guidelines and a preferential licensing regime, the policy ‘promotes economic inclusion for micro, small and medium enterprises and historically disadvantaged groups in targeted sectors, while reserving certain business activities exclusively for South African-owned enterprises’.
In addition, with the aim of modernising the business licensing system, the policy provides for the establishment of an ‘electronic licensing portal’, which will replace ‘outdated manual processes’ with ‘a more efficient and transparent digital platform’. This reform is expected not only to reduce ‘administrative fragmentation’ but also to support ‘a more business-friendly environment’ – ‘driving equitable growth and broader participation in the economy’.
- 28 May 2025 Cabinet statement
SUMMARY OF THE POLICY
The National Business Licensing Policy (NBLP) aims to create a streamlined, harmonized, and inclusive business licensing framework in South Africa to support economic growth, reduce red tape, and empower Micro, Small, and Medium Enterprises (MSMEs). It addresses historical inequalities, administrative inefficiencies, and fragmented licensing processes across municipalities.
Background:
Business licensing historically restricted Black-owned businesses under apartheid laws.
The Business Act of 1991 decentralized licensing to municipalities but resulted in uneven implementation due to resource disparities.
Vision and Objectives:
- Establish a predictable, equitable, and competitive licensing environment.
- Standardize licensing policies nationwide while empowering disadvantaged groups and MSMEs.
- Promote digital transformation to simplify processes and reduce administrative burdens.
Challenges:
- Fragmentation across over 200 municipalities.
- Lack of coordination between local and district municipalities.
- Administrative inefficiencies, manual systems, and limited capacity.
Policy Pillars:
- Simplified and transparent licensing procedures.
- Social and economic inclusion, including preferential licensing for MSMEs and historically disadvantaged groups.
- Provisions for foreign nationals to trade under clear criteria.
- Intergovernmental coordination to ensure uniformity and efficiency.
Key Interventions:
- Develop a three-year Policy Action Plan (PAP) for implementation.
- Strengthen governance and intergovernmental collaboration.
- Introduce preferential licensing for targeted groups.
- Mitigate economic shocks through flexible licensing measures.
- Build capacity through training and professional development.
- Leverage digital technologies for online applications, tracking, and communication.
- Enhance knowledge management and data collection for evidence-based policymaking.
Global Context:
Comparative analysis with other countries highlights the need for streamlined systems and digital platforms to improve efficiency.
Conclusion:
The NBLP is South Africa’s first policy-level guidance on general business licensing, aiming to update the Business Act of 1991 and align licensing practices with modern economic and social realities. It seeks to foster a business-friendly environment, reduce barriers to trade, and support MSME growth.
The Department of Small Business Development will lead the implementation of the NBLP through a coordinated, inclusive approach involving all stakeholders.
MUNICIPAL
MUNICIPAL DEMARCATION AUTHORITY BILL: NCOP COMMITTEE CALLS FOR WRITTEN SUBMISSIONS
The NCOP Committee on Co-operative Governance, Public Administration, Traditional Affairs, Water, Sanitation & Human Settlements has called for written submissions on the Independent Municipal Demarcation Authority Bill, possibly in anticipation of more parliamentary hearings.
The notice announcing this was posted on Parliament’s website on 27 June 2015, setting 30 June 2025 as the deadline for input. However, a notice published on the Parliamentary Monitoring Group website has been backdated to 11 June 2025, tending to point to an administrative error on the part of the NCOP committee concerned. Whatever the case, SA Legal Academy will keep stakeholders informed of any change in the deadline.
Meanwhile, the length of time Parliament has taken to process the Bill merits attention. Tabled in June 2022, the Bill’s ‘B’ version was adopted by the National Assembly in November 2023, when it was sent to the NCOP for concurrence. Unfortunately, provincial negotiating mandates were still being considered when Parliament rose for the May 2024 general elections. As a result, the Bill lapsed.
Having been revived in July 2024, according to PMG records of an 18 February 2025 meeting of the new NCOP committee concerned, the Bill was expected to have been opened for written submissions in March 2025. Clarity is therefore needed.
Intended to repeal and replace the 1998 Local Government: Municipal Demarcation Act, the Bill focuses on governance matters. However, it also seeks to:
- ensure that a ‘major demarcation … affect(ing) the movement of more than one whole ward in a municipality may be done only after every 10 years
- deviate from the present norm of 15% to 30% when delimiting wards, but within strict conditions to avoid … splitting … communities
- provide for the establishment of a demarcation appeals authority
- provide for ‘more extensive public participation and stakeholder consultation’ on demarcation or delimitation proposals
- set timeframes for boundary redetermination and ward delimitation after considering the programme of the Independent Electoral Commission, and
- make municipal capacity assessments mandatory.
Please click the links below for more information:
- committee notice
- Bill’s ‘B’ version
- PMG reporton 18 February 2025 committee meeting
PROCUREMENT
PUBLIC SECTOR PROCUREMENT: EFF SUBMITS DRAFT INSOURCING BILL TO PARLIAMENT
A draft Insourcing Bill has been submitted to Parliament for information and planning purposes. It has yet to be certified by the Office of the State Law Adviser, at which point the Bill will be formally tabled.
Prepared on behalf of the EFF’s Omphile Maotwe, the proposed new piece of legislation seeks to provide for the insourcing of certain services regularly required by organs of state. Among other things, this is noting :
- administrative problems apparently associated with the outsourcing of services, and
- widespread perceptions of tender system ‘corruption’.
Against that backdrop, the draft Bill includes provisions requiring the development of an ‘insourcing policy’ focusing on a list of services largely outsourced at present. As far as can be ascertained, the proposed new piece of legislation was never released into the public domain for comment. Neither has the required explanatory summary been gazetted.
- draftBill
BRIBERY AND CORRUPTION
INTERNATIONAL CO-OPERATION IN CRIMINAL MATTERS ACT: DRAFT AMENDMENT BILL SUBMITTED TO PARLIAMENT
Parliamentary papers have confirmed that a draft International Co-operation in Criminal Matters Amendment Bill has been sent to the committees concerned for information and planning purposes. It has yet to be certified by the Office of the State Law Adviser, at which point the Bill will be formally tabled for processing.
Once passed and enacted, the proposed new piece of legislation:
- is expected to facilitate the efficient and effective process of evidence sharing with the appropriate government authorities in other countries, in keeping with international requirements
- will provide for the use of an audio-visual link in that context, and
- is expected to strengthen the processes and mechanisms for international co-operation in ‘sentence execution’.
According to a media statement on the 14 May 2025 Cabinet meeting at which the draft Bill was approved for tabling in Parliament, it also seeks to address ‘legal issues related to extradition’, as well as ‘the confiscation and transfer of proceeds of crime’.
- draftBill
- Cabinet media statement
STORYLINE
The International Co-operation in Criminal Matters Amendment Bill, 2025 unfolds as a legal narrative of South Africa stepping into the global arena to strengthen its role in combating international crime.
Here’s the story:
Chapter 1: A New Era of Definitions
The Bill introduces new definitions to the 1996 Act, setting the stage for modernized legal processes.
Terms like “audio-visual link,” “court point,” and “remote point” are defined, signaling a shift toward technology-driven justice. These definitions are the foundation for enabling evidence to be shared across borders without physical presence.
Chapter 2: The Courtroom Without Walls
In a groundbreaking move, the Bill allows evidence to be given via audio-visual links. Imagine a witness sitting in a room halfway across the world, connected to a South African courtroom through a screen. The judge, prosecutor, and accused can see and hear the witness, ensuring justice is served without geographical barriers. The court ensures fairness, allowing both sides to question the witness and observe their demeanor. This innovation is a leap toward efficiency and global co-operation.
Chapter 3: Joining Forces with Global Entities
South Africa opens its doors to international organisations, tribunals, and courts (excluding the International Criminal Court). A new chapter in the Act (Chapter 2A) is born, detailing how South Africa will assist these entities in investigating and prosecuting international crimes. Requests for evidence, examination of witnesses, and enforcement of orders are streamlined. Witnesses are subpoenaed, their rights protected, and their testimonies recorded with precision. Even interpreters play a role, ensuring language barriers don’t obstruct justice.
Chapter 4: The Witnesses’ Journey
Witnesses are protected by South African laws on privilege, ensuring they cannot be forced to give evidence that would be inadmissible in local courts. If a witness claims privilege, the magistrate pauses the proceedings to consult the international entity. Witnesses are also entitled to expenses and fees, ensuring their participation doesn’t come at a personal cost.
Chapter 5: The Consequences of Defiance
The Bill introduces penalties for witnesses who fail to comply with subpoenas or give false evidence. Non-compliance can lead to fines or imprisonment, while perjury is met with the harshest penalties. This chapter underscores the seriousness of international co-operation and the importance of truthful testimony.
Chapter 6: The Long Arm of the Law
Subpoenas and legal documents from international entities are given the same weight as those issued locally. South African magistrates ensure these are served properly, and witnesses are compensated for their attendance. If someone defies an international order, they can be arrested and handed over to the entity, ensuring accountability transcends borders.
Chapter 7: Legal Aid for the Vulnerable
Recognizing the challenges witnesses may face, the Bill allows them to apply for legal aid. This ensures that even those without resources can participate in the legal process, upholding the principle of equality before the law.
Chapter 8: Presidential Powers and Global Agreements
The President is empowered to enter into agreements with international entities for judicial assistance and enforcement of orders. This chapter highlights South Africa’s commitment to being a reliable partner in the global fight against crime.
Chapter 9: A New Title for a New Mission
The Act’s long title is rewritten to reflect its expanded scope. It’s no longer just about co-operation with foreign states but also with international entities, emphasizing South Africa’s role in addressing international crime.
Chapter 10: The Beginning of a New Chapter
The Bill will come into effect on a date chosen by the President, marking the start of South Africa’s enhanced role in international criminal justice.
This legal storybook captures South Africa’s journey toward modernized, technology-driven, and globally integrated justice, ensuring that international crimes are met with accountability and fairness.
BANKS
BANKS ACT REGULATIONS: CREDIT RISK EXPOSURE AMENDMENTS GAZETTED
The National Treasury has gazetted a notice substantively amending Regulation 23 under the 1990 Banks Act. Effective from 1 July 2025, the amendments substitute large sections of Regulation 23, which specifies the minimum requirements with which a bank should comply when measuring exposure to credit risk.
STORYLINE
Chapter 1: The Purpose of the Amendments
The amendments aim to modernize and strengthen the regulatory framework governing banks in South Africa. They address credit risk, operational risk, market risk, and leverage ratios, ensuring compliance with international standards and promoting financial stability.
Chapter 2: Credit Risk Management
Banks are required to adopt stricter methods for calculating credit risk exposure. Two approaches are introduced:
- Standardized Approach: A simpler method using predefined risk weights.
- Internal Ratings-Based (IRB) Approach: A more advanced method allowing banks to use their own models, subject to approval.
Banks must assess the creditworthiness of borrowers more rigorously, considering factors like default probability and loss-given-default.
Special rules are introduced for exposures to sovereigns, banks, and corporate entities.
Chapter 3: Operational Risk
Operational risk is the risk of loss due to failed internal processes, people, systems, or external events. Banks are now required to:
- Use a Standardized Approach to calculate operational risk.
- Maintain detailed loss data for at least 10 years.
- Disclose their operational risk losses publicly if they exceed certain thresholds.
This chapter emphasizes transparency and accountability, ensuring banks are prepared for unexpected disruptions.
Chapter 4: Market Risk
Market risk arises from fluctuations in asset prices, interest rates, and exchange rates. Banks can choose between:
- Simplified Standardized Approach: For smaller banks with less complex operations.
- Internal Models Approach: For larger banks with sophisticated systems, subject to approval.
The amendments ensure banks have robust systems to manage risks in their trading books.
Chapter 5: Leverage Ratios
Leverage ratios measure a bank’s financial stability by comparing its capital to its total exposure. The amendments set minimum leverage ratios:
- Domestic Systemically Important Banks (D-SIBs): Must maintain a leverage ratio of at least 4%.
- Other Banks: Also required to maintain a minimum leverage ratio of 4%.
This chapter highlights the importance of preventing excessive borrowing and ensuring banks have enough capital to absorb losses.
Chapter 6: Securitization and Credit Derivatives
Securitization involves pooling loans and selling them as securities. The amendments introduce stricter rules for banks participating in securitization schemes, ensuring they retain enough risk to remain accountable.
Credit derivatives, such as credit default swaps, are also regulated to prevent excessive risk-taking.
Chapter 7: Governance and Oversight
The board of directors of each bank is held accountable for ensuring effective governance. Banks must:
- Conduct due diligence on investments and counterparties.
- Regularly review their risk management policies.
- Avoid over-reliance on external credit ratings.
This chapter underscores the role of leadership in maintaining financial stability.
Chapter 8 Eligible Institutions
External credit assessment institutions (ECAIs) and export credit agencies (ECAs) must meet strict criteria to be recognized as eligible institutions. They must demonstrate:
- Objectivity in their methodologies.
- Independence from political or economic pressures.
- Transparency in their operations.
This ensures that banks rely on credible and unbiased assessments.
Chapter 9: Definitions and Clarifications
The amendments redefine key terms like “default,” “trade exposure,” and “revocable undrawn commitment.” These definitions provide clarity and consistency across the regulatory framework.
Chapter 10: Implementation Timeline
The amendments will come into effect on 1 July 2025, giving banks time to adapt to the new requirements.
Epilogue: The Road Ahead
These amendments mark a significant step forward in strengthening South Africa’s banking sector.
By enhancing risk management, transparency, and governance, they aim to protect depositors, promote financial stability, and align with global best practices.
BUSINESS
TRADE, INDUSTRY & COMPETITION: DIRECTOR-GENERAL HAZY ON OMNIBUS BILL SPECIFICS
During a 17 June 2025 meeting of the National Assembly’s Trade, Industry & Competition Committee, Director-General Simphiwe Hamilton’s input on a yet-to-be-finalised General Laws Amendment/Omnibus Bill did little to reassure stakeholders long calling for economic policy certainty.
When DA representative in the committee, Toby Chance, asked for more details on statutes to be amended by the Bill, Hamilton fudged, which mainstream media reports on the meeting chose to overlook. According to Hamilton:
- the department is considering ‘a whole range of Acts’ for amendment
- not all of them ‘will end up in the Bill’
- each will be assessed with the aim of determining:
-
- ‘how best to utilise … (it) for the impact that is required’, and
- if it is ‘structured in a way that is targeted’, and
- the ‘outcome’ may even be ‘multiple Omnibus Bills addressing specific sectors’.
In that context, the legislation to which Hamilton expressly referred tends to assume greater significance than media reports suggested at the time. According to a video recording of the meeting, they were:
- certain statutes falling directly under the department’s jurisdiction:
-
- 1981 Alienation of Land Amendment Act
- 2003 Liquor Act
- 2008 Companies Act
- 2014 Legal Metrology Act, and
- ‘IP (intellectual property) laws’ (a raft of legislation, including the 1978 Copyright Act and a controversial Copyright Amendment Bill now before the Constitutional Court)
- statutes falling under the jurisdiction of other departments:
-
- the ‘Drug Trafficking Act’ (possibly referring to the 1992 Drugs & Drug Trafficking Act, falling under the Department of Justice & Constitutional Development)
- ‘the commercialisation of cannabis’ (possibly referring to the 2024 Cannabis for Private Purposes Act’, also falling under the Department of Justice & Constitutional Development), and
- ‘Infrastructure Act’ (possibly referring to the 2014 Infrastructure Development Act, falling under the Department of Public Works & Infrastructure).
As things now stand, the overall thrust of the envisioned general Omnibus Bill will be to ‘improve ease of doing business’, with the same objective underpinning any sector-specific Bill emerging from the overall legislative assessment process. This could well affect the timeframe reported in the media, which was that an Omnibus Bill could be ‘finalised by the end of the financial year’. In fact, Hamilton expects a decision on the scope of the Bill to be made ‘in the next few months’. Contrary to media reports, this does not tie the department to any timeframe whatsoever.
Regarding intellectual property (IP) legislation under the department’s umbrella, a presentation document circulated at the meeting provides considerably more detail on three proposed amendment Bills yet to be finalised and released in draft form for public comment.
With that in mind, one cannot help but wonder which other IP statutes are being considered for amendments to be proposed in the Omnibus Bill. There being at least eight, clarity is needed.
- video recordingof meeting
- DTIC presentation document
Business Day report
CRIMINAL
MUNICIPAL POLICE: NEW CROWD MANAGEMENT & ARREST STANDARDS GAZETTED
The Department of Police has gazetted two sets of municipal policing standards with implications for:
- crowd management during gatherings and demonstrations, and
- arrest (including the treatment of arrested persons before being handed over to a community service centre commander).
Released in draft form in May 2024 for public comment, the new standards repeal all previous iterations.
Among other things, the crowd management standards deal with:
- pro-active conflict resolution in potentially violent and disorderly situations
- normalising an area following the use of force, and
- safety at sports and recreational events.
The arrest standards include:
- securing the attendance of an accused at a trial by means other than arrest
- the arrest of a respondent in an incident of domestic violence
- circumstances in which the use of force and/or restraint becomes necessary, and how this should be exercised, and
- presumption of innocence.
Please click the links below for more information:
STORYLINE: THE LAWFUL GUIDE TO MANAGING CROWDS
Chapter 1: The Right to Gather
In South Africa, the Constitution grants every citizen the right to assemble peacefully and unarmed. However, this right comes with responsibilities and limitations to ensure safety and order.
Municipal police services play a vital role in managing gatherings, balancing the right to protest with the need to protect life, property, and the free flow of traffic.
Chapter 2: The Key Players
Meet the heroes of crowd management:
- Responsible Officer: The local authority’s representative who ensures gatherings comply with the law.
- Authorised Member: A police officer designated to oversee crowd management operations.
- Convener: The organizer of the gathering, responsible for notifying authorities.
- Operational Commander: The leader who plans and executes operations.
Each has a unique role in ensuring gatherings are peaceful and lawful.
Chapter 3: Principles of Peace
The golden rules of crowd management are:
- De-escalation: Always attempt to resolve conflicts peacefully.
- Protect Life: Use force only when absolutely necessary, and prioritize safety.
- Legality and Proportionality: Force must be lawful, necessary, and minimal.
- Non-Discrimination: Treat all participants fairly, distinguishing between peaceful and violent individuals.
- Accountability: Every action must be justified and documented.
Chapter 4: Preparing for the Storm
Before a gathering begins, the police must:
- Assess threats and categorize them into levels of risk.
- Plan operations meticulously, including routes, risks, and resources.
- Brief all members involved, ensuring they understand their roles and are equipped with protective gear and non-lethal tools.
Weapons like rubber bullets and tear gas are only used as a last resort, and lethal force is strictly prohibited unless lives are in imminent danger.
Chapter 5: Managing the Crowd
When the day of the gathering arrives, the first responder steps in:
- They identify the leader, assess the mood of the crowd, and gather critical information.
- If the gathering is informal, they initiate negotiations and notify the responsible officer and authorised member.
- Throughout the event, police maintain tolerance, avoid confrontations, and facilitate peaceful assemblies.
If unrest arises, the operational commander evaluates the situation and decides on appropriate actions, always aiming to de-escalate conflict.
Chapter 6: Restoring Peace
After violence or the use of force, the area must be normalized:
- Community leaders and police work together to calm tensions.
- Public Order Policing (POP) patrols the area to prevent further unrest.
- Once stability is achieved, local police resume their duties, rebuilding trust with the community.
Chapter 7: Keeping Records
Every operation is meticulously documented:
- Diaries, occurrence books, and video recordings capture every detail.
- If force is used, case dockets are opened, and the Independent Police Investigative Directorate is notified.
- These records are preserved for future evaluation and training.
Chapter 8: Learning from Experience
After every gathering, a debriefing is held:
- Commanders and role players review the operation, identifying best practices and mistakes.
- Trainers use these insights to improve crowd management techniques, ensuring continuous learning and growth.
Chapter 9: The Tools of the Trade
Police officers are equipped with protective gear, shields, pepper spray, and other non-lethal tools. Monthly inspections ensure equipment is in top condition. Training aligns with national standards, preparing officers to handle gatherings effectively and safely.
Epilogue: A Balance of Rights and Order
In the realm of crowd management, the law serves as a guiding light, ensuring that the right to protest is upheld while maintaining peace and safety. Through preparation, accountability, and respect for human rights, the guardians of order protect the delicate balance between freedom and security.
STORYLINE: ARREST STANDARDS
The Lawyer’s Storybook: Arrest and Treatment of Persons in Custody
Chapter 1: The Foundation of Justice
Imagine a world where every person’s freedom is sacred. The Constitution of South Africa, 1996, is the cornerstone of this world, ensuring that no one is deprived of freedom arbitrarily, tortured, or treated inhumanely. Arrests, being a serious restriction of freedom, must follow strict legal guidelines. The Criminal Procedure Act (CPA) and other laws are the guiding stars for this process.
Chapter 2: The Cast of Characters
- The Child: A vulnerable soul under 18 years, protected by law.
- The Commander: The guardian of the police station, ensuring justice is served.
- The Respondent: A person accused of domestic violence, often entangled in complex relationships.
- Reasonable Suspicion: The detective’s intuition, grounded in facts and logic.
Chapter 3: The Gentle Approach
Arrest is the last resort. Summons and written notices are the preferred tools to secure an accused’s attendance at trial. Each case is a unique story, requiring careful discretion. The law whispers, “Do not arrest unless absolutely necessary.”
Chapter 4: The Purpose of Arrest
The hero of this tale, the arresting officer, must remember: the goal is to bring the accused to trial, not to punish or intimidate. Yet, exceptions exist:
- The Investigator’s Dilemma: Arrest to prevent tampering with evidence or fleeing justice.
- The Mystery of False Names: Detained to verify identity.
- The Midnight Watch: Arrest to stop crimes before they happen.
- The Protector’s Duty: Shield the suspect from harm, even from an angry mob.
- The Trespasser’s Tale: Arrest to end ongoing offenses.
Chapter 5: The Four Pillars of Lawful Arrest
To stand tall in the courtroom, an arrest must rest on four pillars:
- Authorization: A warrant or legal provision must back the arrest.
- Physical Control: The suspect’s freedom must be confined.
- Rights Revealed: The suspect must know why they’re arrested and their constitutional rights.
- Swift Justice: The suspect must be brought to the police station or court without delay.
Chapter 6: The Art of Arrest
- With a Warrant: The preferred path, where the law’s authority shines.
- Without a Warrant: A rare exception, allowed only under specific legal provisions.
Chapter 7: The Domestic Violence Saga
In the shadow of domestic violence, the law demands swift action. If violence is suspected, the officer must act without hesitation, arresting all involved at the scene.
Chapter 8: The Physical Act
The arrest unfolds like a delicate dance:
- Force: Only what’s necessary to overcome resistance.
- Breaking In: Knock first, announce your purpose, then enter if needed.
- Words of Truth: Share the reason for arrest and the suspect’s rights in a language they understand.
Chapter 9: The Aftermath
The story doesn’t end with the arrest. The officer must:
- Record the Rights: Document the suspect’s acknowledgment of their rights.
- Presume Innocence: Treat the suspect with dignity, focusing on evidence.
- Heal the Wounded: Ensure medical care for injuries sustained.
- Search with Respect: Conduct searches decently and by same-sex officers.
- Restrain Wisely: Use handcuffs or leg-irons if necessary.
- Notify the Employer: Protect the employer’s interests if the suspect is arrested at work.
- Drive Safely: Transport the suspect directly to the police station.
Chapter 10: The Hand-Off
At the police station, the officer hands over the suspect to the commander, sharing vital details:
- The arresting officer’s name.
- The suspect’s name.
- The reason, date, time, and place of arrest.
- Risk profile and injuries.
Chapter 11: The Final Record
The Arrest Statement (SAPS 3M(i)) is the final chapter, ensuring the suspect’s rights were respected. If force was used, the officer must write a separate statement detailing the circumstances. Every word in this record must follow the instructions to the letter.
Epilogue: The Lawyer’s Role
As a lawyer, you are the storyteller in the courtroom. Ensure every chapter of the arrest process aligns with the law. Protect the rights of the accused, scrutinize the evidence, and hold the officers accountable to the highest standards of justice.
ARREST AND TREATMENT OF PERSONS IN CUSTODY PLAYBOOK FOR LAWYERS
1. Legal Framework
- Constitutional Rights: Section 12(1) of the Constitution guarantees freedom, security, and protection from arbitrary detention, torture, or degrading treatment.
- Legislation: Arrests must comply with the Constitution, Criminal Procedure Act (CPA), Domestic Violence Act, and other relevant laws.
2. Key Definitions
- Child: Under 18 years.
- Community Service Centre Commander: SAPS member in charge of a police station.
- Respondent: Person in a domestic relationship accused of domestic violence.
- Reasonable Suspicion: Based on facts leading to a logical conclusion.
3. Securing Attendance at Trial
- Arrest as Last Resort: Use summons (CPA Section 54) or written notice (J534) for minor offenses.
- Discretion: Evaluate case merits before arrest.
4. Object of Arrest
- General Rule: Secure attendance at trial, not to punish, scare, or harass.
- Exceptions:
-
- Further Investigation: Arrest if the suspect may abscond or interfere with evidence.
- Verify Name/Address: Detain for up to 12 hours if details are suspected to be false.
- Prevent Offense: Arrest to stop imminent crimes.
- Protect Suspect: Arrest to prevent harm (e.g., mob threats).
- End Offense: Arrest to stop ongoing illegal activity.
5. Requirements for Lawful Arrest
- Authorization: Must comply with statutory provisions.
- Physical Control: Confine the suspect’s movement.
- Inform Rights: Explain reasons for arrest and constitutional rights.
- Prompt Authority: Bring the suspect to the police station or court immediately.
6. Manner of Arrest
- With Warrant: Preferred method; any member can execute.
- Without Warrant: Allowed only under specific legal provisions (e.g., CPA Sections 40, 41).
7. Domestic Violence Arrests
- Without Warrant: Mandatory arrest if violence is suspected.
- Multiple Respondents: Arrest all involved in violent acts.
8. Physical Execution of Arrest
- Force: Use only necessary force; no beating or ill-treatment.
- Premises Entry: Demand entry before breaking in (CPA Section 48).
- Information: Provide reasons for arrest, rights, and bail options in a language the suspect understands.
9. Post-Arrest Procedures
- Rights Recording: Document acknowledgment of rights in SAPS Pocket Book (SAPS 206).
- Presumption of Innocence: Treat suspects respectfully; focus on evidence collection.
- Injuries: Record injuries and arrange medical care if needed.
- Search: Conduct searches respectfully and by same-sex officers.
- Restraints: Use handcuffs/leg-irons if necessary to prevent escape.
- Employer Notification: Inform the employer if the suspect is arrested at work.
- Transport: Drive safely and directly to the police station.
10. Handing Over to Community Service Centre Commander
- Provide details:
-
- Arresting member’s name.
- Suspect’s name.
- Reason, date, time, and place of arrest.
- Risk profile and injuries.
11. Completion of Arrest Statement (SAPS 3M(i))
- Purpose: Confirm the suspect was informed of rights.
- Force Used: Record injuries caused during arrest in a separate statement.
- Instructions: Follow guidelines strictly.
Key Notes for Lawyers
- Ensure all procedures comply with statutory requirements.
- Monitor adherence to constitutional rights and humane treatment.
- Review arrest documentation for legal compliance and accuracy.
MINE HEALTH & SAFETY
FIRE & CHANGE MANAGEMENT CODE COMPILATION GUIDELINES PUBLISHED
The Department of Mineral Resources & Energy has gazetted guidelines on compiling two mandatory codes of practice under the 1996 Mine Health & Safety Act. They focus on:
- change management/organisational transition, and
- fire prevention in mines and excavations.
This is noting that:
- change is inevitable in the face of:
-
- diminishing mineral quality
- escalating production expenses, and
- shifting compliance requirements
- there may be resistance to moving away from conventional, familiar, often conservative methodologies and approaches
- effective change management ‘has emerged as a crucial competitive advantage’
- organisational change may include, but … (is) not limited to, operational, structural, regulatory, market-driven and cultural transformation … (across) all areas of a mine, and
- in the absence of proficiently managed ‘appropriate change’, mining operations could face:
- significantly increased health and safety risks
- economic loss
- reduced productivity, and
- penalties for non-compliance with mandatory sector regulations.
Each set of guidelines deals with:
- the format and content of the required code of practice, and
- implementation and related planning (including compliance and access to all relevant documents).
In preparing a code of practice, compliance with the guideline concerned is mandatory.
- change management code compilation guidelines
- fire prevention code compilation guidelines
STORYLINE: CHANGE MANAGEMENT CODE COMPILATION GUIDELINES
On June 20, 2025, the Chief Inspector of Mines, David Msiza, issued a critical guideline under the Mine Health and Safety Act, 1996 (MHSA), titled “Guideline for a Mandatory Code of Practice for Change Management in the South African Mining Industry.”
This document serves as a legal framework to assist mining companies in managing organisational transitions effectively while safeguarding health, safety, and compliance.
The guideline acknowledges the mining sector’s significant contribution to South Africa’s economy, but it also highlights the challenges posed by diminishing mineral quality, rising production costs, and evolving compliance requirements. It emphasizes the importance of systematic change management to mitigate risks, maintain productivity, and ensure adherence to mandatory regulations.
Legally, the guideline is binding under Sections 9(2) and 9(3) of the MHSA. Employers are required to prepare and implement a Code of Practice (COP) on matters affecting health and safety when directed by the Chief Inspector of Mines. Failure to comply constitutes a breach of the Act.
The scope of the guideline is comprehensive, addressing health and safety risks associated with various types of changes, including operational, structural, regulatory, market-driven, and cultural transformations. It allows employers to adopt tailored methodologies, whether traditional or innovative, to suit their organisational size, culture, and specific change requirements.
The primary objective is to enable employers to draft COPs that improve change management processes, promote employee participation, align with legal and safety requirements, and build resilience against external disruptions. The guideline stresses the importance of identifying significant changes early and implementing measures to safeguard health and safety during transitions.
Key definitions are provided to ensure clarity, distinguishing between “change management,” which focuses on the human aspects of transitions, and “management of change (MOC),” which addresses technical and procedural elements. Acronyms such as CIOM, COP, and SATCAP are also defined for legal precision
STORYLINE: FIRE PREVENTION CODE COMPILATION GUIDELINES
In the realm of mining operations, the specter of fire hazards looms large, threatening not only the safety of workers but also the integrity of infrastructure and the environment. Recognizing the gravity of this issue, the Department of Mineral Resources and Energy, under the stewardship of Chief Inspector of Mines David Msiza, has issued a comprehensive guideline for a Mandatory Code of Practice (COP) on the Prevention of Fires at Mines.
This document, effective from October 1, 2025, serves as a legal framework to mitigate fire risks and ensure compliance with the Mine Health and Safety Act, 1996 (MHSA).
The Legal Foundation
The guideline is rooted in the MHSA, specifically sections 9(2), 9(3), and 49(6), which mandate employers to prepare and implement COPs addressing health and safety concerns. Failure to comply constitutes a breach of the Act, underscoring the legal imperative for mines to adopt fire prevention measures. The guideline provides a structured approach to crafting a COP, ensuring it aligns with legal requirements and industry standards.
Scope and Objectives
The guideline’s scope encompasses both underground and surface mining operations, emphasizing proactive measures to prevent fires rather than merely reacting to incidents. It integrates fire prevention with other COPs to create a cohesive safety system. The primary objective is to equip employers with a framework to develop mine-specific standards that reduce fire risks and protect lives, property, and the environment.
Understanding Fire Risks
Fires in mines are fueled by a dangerous combination of combustible materials, ignition sources, and oxygen. Mines are particularly vulnerable due to the presence of flammable substances like fuels, timber, and rubber, coupled with ignition sources such as machinery, electrical equipment, and welding processes. The confined nature of underground mines exacerbates the risk, as smoke and toxic fumes can quickly overwhelm workers and hinder escape.
Between 2019 and 2023, South Africa witnessed 584 fire incidents in mines, predominantly in regions like the Northern Cape, Mpumalanga, Limpopo, and North-West. These incidents were often linked to mobile machinery, conveyor belts, electrical cables, and spontaneous combustion. The guideline aims to address these recurring hazards through rigorous risk management and preventive controls.
Legal and Technical Framework
The guideline outlines the legal status of COPs, emphasizing their mandatory nature under the MHSA. It provides detailed instructions on the format and content of the COP, including risk assessments, fire hazard identification, and the implementation of fire prevention controls. Employers are required to consult with health and safety committees and appoint competent drafting teams to ensure the COP is comprehensive and practical.
Risk Management and Fire Prevention
Risk management is central to the guideline, requiring employers to identify fire hazards, assess risks, and implement controls to eliminate or mitigate them. The fire risk management process involves:
- Hazard Identification: Physical inspections to locate fuel and ignition sources, including mobile equipment, conveyor belts, and abandoned areas.
- Risk Assessment: Analyzing the probability and severity of fire incidents, informed by technical data and expert input.
- Preventive Measures: Instituting controls such as fire zoning, flame-retardant materials, and proper ventilation systems.
Critical Areas of Focus
The guideline addresses specific fire hazards and provides tailored solutions for various mine components:
- Mobile Equipment: Ensuring vehicles are equipped with fire suppression systems and designed to minimize fire risks.
- Fuel Storage and Refueling Bays: Implementing safety measures like bund walls, automatic fire suppression systems, and proper signage.
- Conveyor Belts: Mandating fire-resistant materials and monitoring systems to detect belt misalignment or overheating.
- Spontaneous Combustion: Establishing controls to prevent coal and waste dumps from igniting.
- Abandoned Areas: Removing combustible materials and sealing off boreholes to prevent fires.
- Workshops and Offices: Limiting the storage of flammable materials and enforcing housekeeping standards.
Training and Awareness
The guideline emphasizes the importance of training and awareness to empower workers with the knowledge and skills to prevent and respond to fires. Induction programs, refresher courses, and specialized training for mobile equipment operators, maintenance personnel, and control room staff are mandated. Employees must understand fire theory, hazard identification, and emergency procedures.
Emergency Preparedness
In the event of a fire, the guideline mandates robust emergency response measures, including fire detection systems, evacuation plans, and refuge chambers. Control room operators must be trained to monitor environmental conditions and coordinate responses effectively. Backup power systems are required to ensure uninterrupted operation during emergencies.
Implementation and Compliance
Employers are tasked with developing an implementation plan that outlines organisational structures, responsibilities, and schedules for the COP. Regular audits and inspections are required to ensure compliance and identify areas for improvement. The COP and related documents must be accessible to all affected parties, including trade unions and health and safety representatives.
Annexures and References
The guideline is supplemented by annexures providing technical details on fire hazards, design requirements, and maintenance procedures. It also references national standards like SANS and MHSA regulations to ensure alignment with best practices.
Conclusion
The guideline for a Mandatory Code of Practice on the Prevention of Fires at Mines is a landmark document that underscores the legal and moral responsibility of employers to safeguard their workers and operations. By adhering to its provisions, mines can not only comply with the MHSA but also foster a culture of safety and resilience in the face of fire hazards.
CRIME
PRIORITY CRIME INVESTIGATIVE DIRECTORATE: REGULATORY AMENDMENTS GAZETTED
The Department of Police has gazetted amendments to regulations on the requirements to be met by the Directorate for Priority Crime Investigation personnel.
Immediately effective, they replace a raft of provisions in the September 2020 directorate-specific and July 2018 general employment regulations.
Among other things, the amended regulations have implications for:
- the disclosure of financial and other interests
- integrity testing (including polygraphs, breathalyser testing for alcohol and urine testing for drugs)
- exclusion from certain duties when taking certain prescribed medications, and
- complaints procedures.
Please click the links below for more information:
LEGAL SECTOR
B-BBEE: BRIEFING PATTERNS TO BE MONITORED – MINISTER
Justice & Constitutional Development Minister Mmamoloko Kubayi has drawn attention to the role of the newly established Legal Sector Code Charter Council in ongoing efforts to improve the participation of historically disadvantaged legal practitioners and law firms in sector-specific briefing and related work opportunities.
During a question-and-answer session in the NCOP, the Minister told members that – among other things – ‘with the assistance of the Solicitor General’s office’ the Charter Council will monitor:
- ‘legal outsourcing targets for private and public institutions’, along with public and private sector briefing patterns.
According to a memorandum to ‘legal practitioners and stakeholders’ apparently circulated on 22 April 2025 in De Rebus, the Charter Council was formally established ‘at the beginning of March 2025’. This followed the publication of a broad-based black economic empowerment (B-BBEE) legal sector code of good practice on 20 September 2024, as SA Legal Academy reported at the time.
- Minister’s responsesto written questions from NCOP members
- Charter Council memorandum(circulated in De Rebus)
B-BBEE legal sector code of good practice
ABOUT THE LEGAL SECTOR B-BBEE CODE, WHICH HAS BEEN GAZETTED AND IS IN FORCE
A broad-based black economic empowerment (B-BBEE) code of good practice for the legal sector has been gazetted and is now in force. Its implementation will be monitored by a yet-to-be-established charter council.
According to paragraph 38.2 of the 70-page document:
- a B-BBEE generic code certificate ‘validly issued’ before the new code’s commencement will continue to apply until that certificate expires, in anticipation of which the measured entity concerned should apply for a B-BBEE verification certificate under the new code, and
- legal sector entities not already measured for B-BBEE compliance and certified will be assessed using the new code.
The code’s publication and commencement comes seven days after Trade, Industry & Competition Minister Parks Tau issued a media statement announcing its approval under the B-BBEE Act, 2003. As SA Legal Academy reported at the time, the statement included a list of key legal sector transformation targets prescribed by the new code:
- 50% black ownership over 5 years, 25% of which should be black women ownership
- ‘a management control (executive and board participation) target of 50% representation of black practitioners and a target of 25% for black women practitioners, particularly as equity partners and associates’
- ‘a skills development target of 3.5% expenditure on training programmes for black candidates’, and
- ‘a procurement target of 60% by the private sector … (with) a target of 80% to be achieved through the specialised procurement scorecard applicable to the public sector’.
Regarding the code’s development, the gazetted document notes that there were found to be ‘sufficient common commercial and professional characteristics in the legal sector to make it feasible and appropriate to develop a sector-specific code to address … (its) unique characteristics’. Reliance on generic codes to assess the B-BBEE compliance of measured legal sector entities has apparently created a ‘gap’ the new code is expected to close.
Initiated in 2020 by the Legal Practice Council, the process of developing a legal sector code was informed by widespread stakeholder consultation and, among other things, drew attention to the importance of:
- ‘improving the availability of quality legal services’by ensuring the provision of continuing and sustained legal training, skills development and education, among other things, through ‘quality in-service training and learnership opportunities’,
- Thus ensuring the development of ‘a body of well-trained and competent providers of legal services … to enable equitable appointments … to the judiciary’.
According to the new code’s preamble, under the generic codes, there have been ‘pockets of improvement’. However, despite an increase in the number of admitted black legal practitioners, there are still insufficient black-owned law firms … (able to) compete in size, scale and service offerings with … large traditionally established, majority white-owned law firms’.
As the ‘robust intervention’ thus deemed necessary, the code seeks to:
- ‘implement more effective interventions in certain elements of the scorecard’, and
- ‘ensure that incentives for innovative and progressive (code) implementation … in a unique manner are promoted, encouraged and protected’.
Please click the links below for more information:
BRIBERY AND CORRUPTION
FATF GREYLIST EXIT IMMINENT?
South Africa could soon be removed from the international Financial Action Task Force (FATF) grey list of countries under increased monitoring, according to a FATF report published following last week’s plenary. Held on 13 June 2025 in Strasbourg, France, the plenary ‘made the initial determination that South Africa has substantially completed its action plan and warrants an on-site assessment to verify that the implementation of anti-money laundering and curtailing terrorist financing reforms has begun and is being sustained, and that the necessary political commitment remains in place to sustain implementation in the future’.
The National Treasury has since issued a backdated media statement confirming this.
While the FATF report simply outlines the reforms made thus far, the National Treasury statement underscores their importance ‘given the legacy of state capture’ – during which, among other things, the country’s ‘law enforcement and prosecuting institutions were deliberately weakened’. In that context, the reforms concerned are expected to strengthen the fight against crime and corruption and contribute towards maintaining the integrity of South Africa’s financial system.
The FATF on-site assessment is expected to take place before the organisation’s October 2025 plenary.
- National Treasury statement
FINANCE
AUDITORS: IRBA CODE OF CONDUCT TO BE REVISED
- The Independent Regulatory Board for Auditors has gazetted a notice calling for input by 8 August 2025 on proposals for revising its code of professional conduct for registered auditors to incorporate:
- ethics standards for sustainability assurance that would include:
-
- independence standards, and
- a standard on using the work of an external expert.
Underpinned by related International Ethics Board of Accountants Standards, the proposals apparently include ‘the necessary South African enhancements’.
- Government Gazette notice
- draftrevised code
SUMMARY OF THE PROPOSED AMENDMENTS
The Independent Regulatory Board for Auditors (IRBA) has released an Exposure Draft for public comment on the Proposed Revised IRBA Code of Professional Conduct for Registered Auditors, incorporating South African enhancements to the Ethics and Independence Standards for Sustainability Assurance. The draft builds on the International Ethics Standards Board of Accountants’ (IESBA) International Ethics Standards for Sustainability Assurance (IESSA) and includes local adaptations to improve clarity, implementability, and consistency.
Key Highlights:
- Scope of Independence Standards: Enhancements clarify the application of general-purpose frameworks for sustainability assurance engagements.
- Implementation of Independence Provisions: Sections 5405 and 5406 include provisions for group sustainability assurance engagements and engagements involving other practitioners, supported by diagrammatic illustrations.
- Fee Disclosure Requirements: New South African-specific requirements aim to enhance transparency when firms perform both audit and sustainability assurance engagements.
- Other Enhancements: Updates to sections on second opinions and independence for audit and review engagements ensure alignment with the IRBA Code.
Effective Dates:
- Most revisions apply to sustainability assurance engagements for periods beginning on or after 15 December 2026.
- Provisions for value chain components are effective from 1 July 2028, with transitional provisions allowing early adoption.
Request for Comments:
The IRBA invites feedback on the proposed enhancements by 8 August 2025.
Comments should be emailed to standards@irba.co.za and will be considered public record.
About the IRBA:
The IRBA aims to protect financial interests through effective regulation of audits and assurance engagements, guided by internationally recognized standards. The Committee for Auditor Ethics develops rules and guidelines for professional ethics and advises registered auditors.
For more details, visit the IRBA website or contact standards@irba.co.za.
INFRASTRUCTURE DEVELOPMENT
SOCIAL INTEGRATION FRAMEWORK OUT FOR COMMENT
The Department of Public Works & Infrastructure has called for input by 20 June 2025 on a draft integrated framework for social facilitation, the purpose of which is to broaden community participation in nearby infrastructure development projects.
According to the document’s accompanying Government Gazette notice, this is noting the extent to which public infrastructure projects continue to be hampered by vandalism, site disruptions and community resistance.
The move comes four years after Cabinet’s approval of a departmental concept document intended to address the ‘inconsistent and fragmented community engagement’ apparently understood to underlie infrastructure project delays and hindrance.
Once finalised for implementation, the framework is expected to:
- go some way towards introducing a standardised approach to social facilitation practices throughout the construction industry
- encourage ‘organic engagement, co-creation and co-ownership’, and
- promote ‘ongoing monitoring, reporting and data collection to ensure continuous learning and adaptation’.
Among other things, the document’s executive summary:
- notes the array of best-practice guidelines underpinning what is now envisaged, and
- draws attention to the importance of including organised labour and local small enterprises in the stakeholder engagement process.
Please click the link below for more information:
- draftframework