Alison Lee

· Various professional boards that fall under the HPCSA, such as the Medical and Dental Board, the Nursing Board, and other health-related boards, will be directly involved in ensuring compliance with these rules.

3. Healthcare Institutions and Employers:

· Hospitals, clinics, and other healthcare facilities that employ practitioners registered under the Health Professions Act will need to ensure their employment contracts and practices align with the new rules.

4. Registered Healthcare Practitioners:

· Individual practitioners, including doctors, nurses, and other health professionals registered under the Act, will need to adhere to the updated definitions and rules in their professional conduct.

5. Legal and Legislative Bodies:

· Entities involved in legislative drafting and legal advisory within the healthcare sector will need to be aware of and incorporate these changes into their frameworks and guidelines.

SUMMED UP

Amendments to the Ethical Rules of Conduct for Practitioners registered under the Health Professions Act, 1974.

1. Key Amendments:

· Definition of “Appropriate healthcare”:

· Updated to mean healthcare delivery expected to deliver clinical benefits that outweigh the expected negative effects, justifying the treatment.

· Rule 18 Amendment:

· Practitioners must accept professional appointments or employment from employers approved by the council, based on a written contract that serves the public and professional interest.

2. Submission of Comments:

· Interested persons are invited to submit comments or representations in writing on the proposed amendments to the Registrar of the Health Professions Council of South Africa within three months from the date of publication.

FULL TEXT

DETAILS

BOARD NOTICE 742 OF 2025

HEALTH PROFESSIONS COUNCIL OF SOUTH AFRICA

HEALTH PROFESSIONS ACT, 1974 (ACT NO. 56 OF 1974)

ETHICAL RULES OF CONDUCT FOR PRACTITIONERS REGISTERED UNDER THE HEALTH PROFESSIONS ACT, 1974: AMENDMENT.

The Health Professions Council of South Africa intends, under section 49 of the Health Professions Act, 1974 (Act No. 56 of 1974), and in consultation with the professional boards, to make the rules in the schedule.

Interested persons are invited to submit any substantiated comments or representations in writing on the proposed amendments to the Registrar, Health Professions Council of South Africa by email at: ntsanem@hpcsa.co.za for the attention of the Legal Advisor: Legislative drafting within three months from the date of publication of this notice.

SCHEDULE

Definitions

1. In these rules “the rules” means the Ethical Rules of Conduct for Practitioners registered under the Health Professions Act, 1974 published under Government Notice No. R. 717 in Government Gazette No. 29079 of 04 August 2006 as amended by Government Notice No. R68 in Government Gazette No. 31825 of 02 February 2009, Government Notice No. R654 in Government Gazette No. 33400 of 30 July 2010, Board Notice No. 26 in Government Gazette No. 36183 of 01 March 2013, Board Notice No. 373 in Government Gazette No. 47632 of 01 December 2022, and Board Notice No. 512 in Government Gazette No. 49720 of 17 November 2023, and any word or expression to which a meaning has been assigned in the rules shall have that meaning, unless the context otherwise indicates.

Amendment of rule 1 of the rules

2. Rule 1 of the rules is hereby amended by the substitution, for the definition of “Appropriate healthcare, of the following definition –

“Appropriate healthcare” means healthcare delivery which is expected to deliver clinical benefits of care that outweigh the expected negative effects to such an extent that the treatment is justified.

Amendment of rule 18 of the rules

3. Rule 18 of the rules is hereby amended by the substitution, for sub rule (1), of the following sub rule –

“(1) A practitioner shall accept a professional appointment or employment from employers approved by the council only in accordance with a written contract of appointment or employment which is drawn up on a basis which is in the interest of the public and the profession.”

LINK TO FULL NOTICE

Health Professions Act: Ethical rules of conduct for practitioners registered: Amendment: Comments invited

G 52199 BN 742

– Comment by 28 May 2025

28 February 2025

52199bn742.pdf

ACTION

1. Health Professions Council of South Africa (HPCSA):

· Implementation: Ensure the updated rules are implemented and communicated to all registered practitioners and relevant stakeholders.

· Monitoring and Enforcement: Develop mechanisms to monitor compliance with the new rules and enforce them where necessary.

· Guidance and Support: Provide guidance and support to practitioners and employers to help them understand and comply with the new rules.

2. Professional Boards under the HPCSA:

· Review and Update Policies: Review and update their policies and procedures to align with the amended rules.

· Training and Education: Conduct training sessions and educational programs to inform practitioners about the changes and their implications.

3. Healthcare Institutions and Employers:

· Contract Review: Review and update employment contracts to ensure they comply with the new requirement that contracts must be in the interest of the public and the profession.

· Policy Adjustments: Adjust internal policies and procedures to reflect the updated definition of “appropriate healthcare” and other amendments.

4. Registered Healthcare Practitioners:

· Compliance: Familiarize themselves with the new rules and ensure their professional conduct aligns with the updated ethical standards.

· Engagement: Engage with their employers and professional boards to understand how the changes affect their practice and employment.

5. Legal and Legislative Bodies:

· Legislative Alignment: Ensure that any related legislation and legal frameworks are updated to reflect the amendments.

· Advisory Services: Provide legal advice and support to healthcare institutions and practitioners to help them navigate the changes.

PROPERTY

LAW AND TYPE OF NOTICE

Sectional Titles Act:

Regulations: Amendment

G 52208 GoN 5941

03 March 2025

APPLIES TO:

1. Government Agencies:

· Department of Agriculture, Land Reform, and Rural Development: Responsible for implementing and overseeing the new policies and amendments.

· Local Municipalities: Involved in the execution of rural development projects and land redistribution at the local level.

2. Non-Governmental Organizations (NGOs):

· Grassroots Development Organizations: Focus on community-based development and support for small-scale farmers.

· Advocacy Groups: Work on policy advocacy and ensuring that the rights of disadvantaged communities are protected.

3. Agricultural Cooperatives and Farmer Associations:

· Small-Scale Farmer Cooperatives: Benefit from new support programs and technical assistance.

· Commercial Farmer Associations: Need to comply with new regulations promoting sustainable farming practices.

4. Private Sector Companies:

· Agribusinesses: Engage in agricultural production, processing, and distribution, and must adapt to new regulations.

· Infrastructure Development Firms: Participate in rural infrastructure projects such as water supply and electricity.

5. Financial Institutions:

· Banks and Microfinance Institutions: Provide financial aid and loans to support agricultural and rural development projects.

6. Educational and Research Institutions:

· Universities and Agricultural Colleges: Conduct research and provide training related to sustainable farming and land reform.

· Research Institutes: Focus on developing innovative agricultural practices and technologies.

SUMMED UP

1. Land Reform Policies:

· Introduction of new guidelines for land redistribution to ensure equitable access to land for disadvantaged communities.

· Amendments to existing policies to streamline the process of land claims and reduce bureaucratic delays.

2. Agricultural Development:

· Implementation of new support programs for small-scale farmers, including financial aid and technical assistance.

· Changes to regulations governing the use of agricultural land to promote sustainable farming practices.

3. Rural Development Initiatives:

· Launch of new infrastructure projects aimed at improving access to basic services in rural areas, such as water supply and electricity.

· Amendments to rural development policies to enhance economic opportunities and reduce poverty in rural communities.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Sectional Titles Act: Regulations: Amendment (English / Afrikaans)

G 52208 GoN 5941

03 March 2025

52208gon5941.pdf

ACTION

1. Government Agencies:

· Implement New Guidelines: Ensure that the new guidelines for land redistribution are effectively implemented and monitored.

· Streamline Processes: Reduce bureaucratic delays in land claims and other related processes.

· Support Programs: Develop and manage support programs for small-scale farmers, including financial aid and technical assistance.

2. Non-Governmental Organizations (NGOs):

· Community Engagement: Work closely with local communities to ensure they are aware of and can benefit from the new policies.

· Advocacy: Advocate for the rights of disadvantaged communities and ensure that their interests are represented in policy discussions.

3. Agricultural Cooperatives and Farmer Associations:

· Compliance: Ensure compliance with new regulations promoting sustainable farming practices.

· Support Members: Provide support to members in accessing financial aid and technical assistance programs.

4. Private Sector Companies:

· Adapt Practices: Adapt agricultural practices to comply with new regulations and promote sustainability.

· Participate in Projects: Engage in rural infrastructure projects and contribute to the development of rural areas.

5. Financial Institutions:

· Provide Financial Support: Offer loans and financial aid to support agricultural and rural development projects.

· Monitor Compliance: Ensure that funded projects comply with the new regulations and guidelines.

6. Educational and Research Institutions:

· Conduct Research: Focus on research related to sustainable farming and land reform.

· Provide Training: Offer training programs to farmers and other stakeholders on new agricultural practices and policies.

STANDARDS

LAW AND TYPE OF NOTICE

Standards Act: Standard matters

G 52199 GeN 3021

03 March 2025

SUMMED UP

New Standards Issued

1. SANS 59004:2024 Ed 1: Circular economy — Vocabulary, principles, and guidance for implementation.

2. SANS 59010:2024 Ed 1: Circular economy — Guidance on the transition of business models and value networks.

3. SANS 59020:2024 Ed 1: Circular economy — Measuring and assessing circularity performance.

Amended Standards

1. SANS 665-3:2024 Ed 1.2: Wedge gate and resilient seal valves for general purposes.

2. SANS 1056-2:2024 Ed 2.3: Ball valves — Heavy duty valves (not fire-safe).

3. SANS 1118-7:2024 Ed 3.4: School clothing — Girls’ slacks and skirts.

4. SANS 1190:2024 Ed 1.3: Malleable iron castings.

5. SANS 1291-1:2024 Ed 1.5: Flexible polyurethane foam sleeping mats and mattresses.

6. SANS 60335-2-53:2024 Ed 4.1: Household and similar electrical appliances — Safety for sauna heating appliances and infrared cabins.

7. SANS 61010-1:2024 Ed 3.1: Safety requirements for electrical equipment for measurement, control, and laboratory use.

Withdrawn Standards

1. SANS 1371:2008: Ceramic hollow insulators for standard transformer bushings.

LINK TO FULL NOTICE

Standards Act: Standard matters

G 52199 GeN 3021

03 March 2025

52199gen3021.pdf

AI ARTICLES

SOUTH AFRICA AND GHANA

Is AI Ready for Law? A Legal Case That Put It to the Test

Artificial Intelligence (AI) is rapidly reshaping industries, and the legal profession is no exception. While AI tools promise efficiency and cost savings, recent cases have highlighted the dangers of over-reliance on AI-generated legal research.

The Risks of AI in Legal Research

A South African case, Mavundla v MEC: Department of Co-Operative Government and Traditional Affairs KwaZulu-Natal and Others [2025] ZAKZPHC 2, brought AI’s role in legal practice under scrutiny. The applicant’s legal representatives submitted fictitious case law references—potentially generated by AI tools like ChatGPT—without proper verification. The court strongly condemned this negligence, emphasizing that AI “hallucinations” (false or misleading references) pose a serious threat to legal integrity.

Similarly, in the U.S., Morgan & Morgan faced backlash after an AI-generated pretrial motion contained multiple non-existent cases. The judge flagged the errors, reinforcing the need for human oversight in AI-assisted legal work.

What This Means for Lawyers in Ghana

While these cases occurred in the U.S. and South Africa, Ghanaian lawyers must take note. Under the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423), lawyers may face penalties for:

Professional Misconduct: Engaging in dishonest or misleading conduct.
Deception of the Court: Knowingly submitting false evidence.
Negligence: Mishandling client matters or causing unnecessary delays.

The legal implications of using AI irresponsibly are clear—lawyers and law firms must verify AI-generated content before relying on it in court.

AI Governance in Ghana: The Way Forward

AI governance is essential to ensure the responsible use of AI in legal practice. While Ghana has yet to implement a formal AI policy, existing regulations like the Data Protection Act, 2012 (Act 843) provide a foundation. The government, legal bodies, and tech industry must collaborate to develop clear AI guidelines for legal practitioners.

Key steps include:

Regulatory frameworks: Introducing AI-specific legislation to define ethical responsibilities.
Risk management: Establishing protocols to assess AI-related legal risks.
Data protection: Ensuring AI systems comply with privacy laws.

Striking the Right Balance

AI can enhance legal research, improve efficiency, and reduce costs—but it should not replace human judgment. Law firms must implement AI policies (as seen at n.dowuona & company) to ensure responsible AI use, while the Ghana Bar Association should develop ethical guidelines for AI-assisted legal work.

As Ghana navigates the evolving AI landscape, the challenge lies in balancing innovation with legal integrity. By embracing AI responsibly, the legal profession can harness its benefits while maintaining trust, accuracy, and ethical practice.

CYBER SECURITY ARTICLES

SOUTH AFRICA

How new PCI Standards will change online security for retailers

In order to comply with future-dated PCI-DSS compliance requirements, merchants must implement a series of new security measures. The new requirements come into effect now, March 2025, and will help to protect consumers and retailers against online fraud.

As e-commerce has grown, so too has the number of bad actors looking to exploit security weaknesses to steal credit card data, also known as e-skimming.

Future-dated requirements that come into effect in March 2025 will help to protect consumers and retailers alike, but online merchants must implement a series of new security measures to ensure compliance.

Each year, thousands of card details are stolen in online card transactions – even on well-known and big-brand websites. Hackers are becoming increasingly sneaky, so even if a merchant’s card capture form is secure, they can exploit security weaknesses elsewhere on a website and intercept sensitive data before it even reaches the merchant’s secure payment form.

That’s why the new PCI DSS 4.0.1 safety standards require retailers to secure their entire website. Reputable payment platforms meet the highest standards of payment security, which reduces the scope of compliance efforts for retailers.

However, there are still a few steps merchants need to take to ensure that their site is fully compliant.

PCI what?

Payment Card Industry Data Standards (PCI DSS) refers to a set of standards that retailers must comply with – no matter their size. The standards are updated from time to time, and the latest version, PCI DSS 4.0.1, has some future-dated requirements that come into effect at the end of March 2025.

PCI DSS 4.0.1 enforces stricter security measures for the entire site to prevent attacks like e-skimming and to ensure secure payment processing.

It is designed to enhance the security of cardholder data by adopting a comprehensive approach to security measures and access controls.

This means that merchants are responsible for securing every part of the payment flow, ensuring that both the payment form and the hosting web environment are protected.

PCI DSS 4.0.1 has stronger password and multi-factor authentication requirements. It also has improved security practices, with updates for e-commerce security and third party risk management.

It is more flexible, with more customised approaches to compliance, and comes with improved guidance and examples.

What does this mean for retailers?

The new requirements oblige merchants to take a more active role in securing payment pages, and proactively monitoring for signs of compromise. In particular, there are two requirements which merchants need to act on before the end of March 2025.

Firstly, merchants have to keep track of all their (software) scripts, even those from third parties. All scripts have to be authorised and merchants need to ensure that they haven’t been tampered with. Testing for unauthorised scripts is mandatory.

This is essential because attackers can compromise third-party scripts to steal card data directly from customers’ browsers.

Secondly, merchants need to monitor payment pages for unexpected changes to things like code or even the way the page is displayed in the browser. Merchants need to set up alerts to notify them of suspicious activity to detect and respond to attacks more quickly.

This is important because attackers are able to modify web pages to redirect customers to fake sites, or to steal their data.

PCI requirements become more rigorous depending on a merchant’s transaction volumes, with levels broken down as follows:

Level 1: Over 6 million transactions per year
Level 2: 1-6 million transactions per year
Level 3: 20,000-1 million transactions per year
Level 4: Fewer than 20,000 transactions per year

Next steps for retailers

Think of your website security the same way you would your home security. Each time you leave your house, you lock the doors and close the windows, and probably set an alarm system.

Ensuring your website is PCI DSS 4.0.1 compliant essentially locks the doors and windows on your website, and guards against e-skimming. It’s imperative that you comply to protect your customers and your business.

Some helpful next steps:

Determine your compliance level: Your PCI DSS scope (the extent to which you need to comply with the standard) is determined by how you handle cardholder data.
Understand the requirements by reviewing the PCI DSS v 4.0.1 (Available for download through the PCI Security Standards Council.)
Assess your current security level by identifying gaps and areas for improvement
Implement necessary security controls based on your chosen integration method.
Document your compliance efforts, which requires you to maintain records of policies, procedures, and assessments.
Regularly monitor and maintain compliance

For some retailers, this may all seem quite foreign. The first step is to speak to your webmaster about what needs to be done.

By Joshua Shimkin & Judy Winn

Bizcommunity

Dark web data leak exposes millions of bank cards: Kaspersky analysis

According to Kaspersky Digital Footprint Intelligence experts, it’s estimated that 2.3 million bank cards were leaked on the dark web, based on an analysis of data-stealing malware log files from 2023-2024.

On average, every 14th infostealer infection results in stolen credit card information, with nearly 26 million devices compromised by infostealers, including more than 9 million in 2024 alone. Kaspersky released its report on the infostealer threat landscape while the technology world gathers at MWC 2025 in Barcelona.

Kaspersky experts estimate that approximately 2,300,000 bank cards have been leaked on the dark web.

This conclusion is based on an analysis of the log files from data-stealing malware, dated 2023-2024, that were leaked on the dark web market. While globally the share of leaked cards is well below 1%, 95% of the observed numbers appear technically valid.

Infostealer malware is not only designed to extract financial information, but also credentials, cookies and other valuable user data, which is compiled into log files and then distributed within the dark web underground community.

An infostealer can infect a device if a victim unknowingly downloads and runs a malicious file, for example one disguised as legitimate software, such as a game cheat. It can be spread through phishing links, compromised websites, malicious attachments in emails or messengers and various other methods. It targets both personal and corporate devices.

Data-stealer threat landscape: 26 million devices found to be compromised over 2023-2024

On average, every 14th infostealer infection results in stolen credit card information. Kaspersky Digital Footprint Intelligence experts found that nearly 26 million devices running Windows were infected with various types of infostealers in the past two years.

The number of infections with data-stealing malware, 2020-2024. Source: Kaspersky Digital Footprint Intelligence

“The actual number of infected devices is even higher. Cybercriminals often leak stolen data in the form of log files months or even years after the initial infection, and compromised credentials and other information continue to surface on the dark web over time. Therefore, the more time passes, the more infections from previous years we observe. We forecast the total number of devices infected with infostealer malware in 2024 to be between 20 million and 25 million, while for 2023, the estimate ranges between 18 million and 22 million,” says Sergey Shcherbel, an expert at Kaspersky Digital Footprint Intelligence.

Beware of Redline, Risepro and Stealc stealers

In 2024, Redline remained the most widespread infostealer, accounting for 34% of the total number of infections.

The most significant surge in 2024 was in infections caused by Risepro, whose share of total infections increased from 1.4% in 2023 to almost 23% in 2024.

“RisePro is a growing threat. It was first discovered two years ago, but seems to be gaining momentum. The stealer primarily targets banking card details, passwords and cryptocurrency wallet data, and may be spreading under the guise of key generators, cracks for various software and game mods,” explains Shcherbel.

Another rapidly growing stealer is Stealc, which first appeared in 2023 and increased its share from nearly 3% to 13%.

In light of this growing infostealer threats, Kaspersky has launched a dedicated landing page to raise awareness of the issue and provide strategies for mitigating associated risks. Learn more in the report.

CONSTRUCTION ARTICLES

SOUTH AFRICA

CompCom and CIDB join forces to tackle construction corruption

The Competition Commission of South Africa and the Construction Industry Development Board (CIDB) have signed an MoU aimed at strengthening oversight and promoting fair competition in the construction sector. The agreement seeks to tackle anti-competitive behaviour, particularly collusion and bid-rigging, which have plagued the industry and led to inflated project costs. By working together, the two organisations plan to enhance compliance, improve monitoring mechanisms, and ensure a level playing field for all construction firms.

Central to the agreement is a commitment to regulatory collaboration, with both entities set to exchange data and insights to curb anti-competitive behaviour.

By building a closer working relationship, they can better detect and prevent market abuses before they distort the industry.

Equally important is the enforcement aspect of the MoU, which seeks to accelerate investigations into collusive practices.

By streamlining processes, the authorities hope to respond more swiftly to infractions, ensuring that penalties are both timely and effective in deterring unlawful conduct.

Beyond enforcement, the partnership will leverage compliance and education to provide construction firms with clearer guidelines on legal procurement and competition laws.

It also aims to transform the sector by creating more opportunities for small and emerging contractors, ensuring equitable and accessible tender processes.

Fighting the construction mafia

The South African construction industry has been under scrutiny in recent years due to allegations of cartel-like behaviour, particularly in public infrastructure projects.

This MoU signals a firm commitment to fostering a competitive environment that benefits the broader economy.

“Fair competition is critical for economic growth and infrastructure development,” said a Competition Commission spokesperson.

“Through this MoU, we aim to root out anti-competitive behaviour and create an industry that rewards innovation and efficiency.”

Corruption free construction industry

The CIDB echoed these sentiments, highlighting that a corruption-free construction sector will attract more investment and ensure that projects are delivered on time and within budget.

The partnership is expected to have long-term benefits for the construction industry, ensuring that tenders are awarded fairly and that resources are allocated efficiently to drive South Africa’s infrastructure agenda forward.

By Lindsey Schutters

Bizcommunity

ENERGY ARTICLES

SOUTH AFRICA

New standards pave way for renewable energy breakthrough

The South African Bureau of Standards (SABS) has quietly released three pivotal documents that promise to be more than just technical paperwork. These standards target critical challenges in the nation’s energy sector, focusing on microgrids, off-grid systems, and communication networks for power utility automation, and could transform rural electrification and renewable energy development.

The most exciting standard, SATS 62257-9-2, zeroes in on microgrids – localised energy systems that can operate independently or alongside the main grid.

This is a lifeline for rural communities struggling with energy access.

By providing clear guidelines for designing and implementing these microgrids, the standard reduces risks for developers and opens up new possibilities for decentralised energy solutions.

Democratising access

Another key document, SATS 62257-100, serves as a comprehensive roadmap for off-grid electrification.

It democratises access to international best practices, making it easier for both developing and developed countries to navigate the complex world of renewable energy deployment.

The third standard, SANS 61850-8-1, might seem deeply technical, but it’s equally crucial.

It addresses the communication infrastructure needed for modern, automated power systems, essentially laying the groundwork for smarter, more efficient grids that can integrate renewable energy sources seamlessly.

Lighting the way to electrification

These standards represent a strategic approach to solving South Africa’s energy challenges, increasing investor confidence and accelerating project development.

They could also position South Africa as a regional leader in renewable energy innovation, strengthen public-private partnerships, create green jobs, and enhance local expertise.

For businesses in the renewable energy sector, these standards represent a clear signal that South Africa is serious about building a sustainable, resilient energy infrastructure that can power economic growth and improve quality of life for millions.

By Lindsey Schutters

Bizcommunity

TotalEnergies takes flak on oil spill risk

Environmental groups have rejected a draft scoping report by TotalEnergies EP SA to perform more exploratory drilling off the West Coast, warning that the document seriously underplays the risk of a devastating oil spill and damage to the region’s small-scale fishing culture.

The report, setting out details of TotalEnergies SA’s proposed drilling project and its potential impProposed deep offshore exploratory drilling carries severe risk of a catastrophic oil spill, is an early step in the environmental and social impact assessment (ESIA) process.

In line with SA regulations, TotalEnergies SA appointed an independent, UK-based sustainability consultant to compile the report.

Activists say that it plays down the heightened risk of an oil spill associated with exploratory drilling at such depths. There have been at least 711 offshore blowouts or well releases resulting in oil spills since 1955.

The risk of a catastrophic oil spill is highest at the exploratory drilling phase.

According to the report, TotalEnergies SA plans to drill as many as seven wells in an area of nearly 30,000km² between Saldanha Bay and Kleinzee, at depths of 500m to 3,900m.

This is deeper than the Deepwater Horizon well, which was responsible for the largest marine oil spill in history in 2010, with the increased pressure on oil and gas pockets raising the associated risks.

The deepest well proposed by the project would be almost eight times more accidentprone than the well responsible for the Deepwater Horizon accident, according to nonprofit organisations The Green Connection and Natural Justice.

TotalEnergies SA insists it complies with all regulations applicable to its exploration activities, and told Business Day it “encourages all stakeholders, including NGOs, media and community members to engage actively in the EISA through the appropriate channels”.

The environmental groups criticised the scoping report’s methodology, which “makes it very clear” the environmental impact assessment (EIA) process will only consider the project’s exploration phase.

“It must also be accepted that exploration has as its goal to lead to exploitation. If it did not, the application for authorisation would not have been made,” the groups said in a statement.

David Mtshali, an attorney and senior programme officer at Natural Justice, said that TotalEnergies SA conducted a comprehensive assessment that considered the entire life cycle of the proposed project.

“The applicant’s attempt to separate the exploration and production phases to avoid climate scrutiny is legally untenable,” he said in the statement.

The proposed exploration and eventual exploitation will result in “unacceptable significant emissions of greenhouse gases (GHG), increasing atmospheric GHG levels and resulting in increased adverse impacts on human health and wellbeing on the environment,” the groups said.

SA is lagging in terms of its commitment to the UN Framework Convention on Climate Change and the Paris Agreement, which calls on countries to limit the rise in average global temperatures to 1.5°C above preindustrial levels.

Climate Action Tracker, an independent scientific project, says global warming would exceed 2°C and even to 3°C if all countries followed SA’s “insufficient” approach to emissions reduction.

TotalEnergies told Business Day it “believes that new oil projects are still needed to meet the demand and keep prices at an acceptable level to create the conditions for a just transition”.

Restrictions on oil and gas exploration are a critical component of limiting the increase in global temperatures, and the global GHG emissions reductions needed to achieve the Paris Agreement’s goals would be impossible if all the world’s proven oil and gas reserves were used.

According to climate activists, the project’s environmental impacts are likely to include higher temperatures, worsening and prolonged droughts, longer and more intense heat waves, increased extreme weather events, increased ocean acidity, a decline in ecosystems and habitat and increased rates of species extinction.

Small-scale fishing lies at the heart of the West Coast’s cultural identity and coastal communities and offshore drilling threatens the region’s ability to continue its traditional practices.

BID TO SEPARATE THE EXPLORATION AND PRODUCTION PHASES TO AVOID CLIMATE SCRUTINY IS LEGALLY UNTENABLE

David Mtshali Natural Justice attorney

However, TotalEnergies SA’s draft scoping report does not assess the impact of seismic blasting and increased pollution risks on marine biodiversity on the West Coast’s cultural heritage. According to the lobbyists, this is a “direct violation” of SA’s National Environmental Management Act.

Masifundise, a lobby group focused on small-scale fishing communities, highlighted the effects repeat seismic surveys had in disrupting fish migration patterns in the tuna fishing grounds of Southern Namibia, where catches have fallen badly since 2011 and reached noncommercial rates in 2017.

The scoping report cited lack of available population and distribution information in the proposed drilling area, but, instead of following the precautionary approach set out in the act, the report states that encounters are likely to be rare, despite the significant uncertainty.

“Our primary responsibility is to explore and operate our fields in accordance with strict requirements concerning safety, emissions reduction and environmental impact,” TotalEnergies SA said.

“In 2024, like in 2023 and 2022, TotalEnergies was the major that invested the most in the energy transition,” it said.

Jacob Webster

Business Day

FINANCE AND TAX ARTICLES

SOUTH AFRICA

Call for minister to raise sugar tax

A dozen healthcare organisations and more than 100 healthcare workers have signed a petition calling on finance minister Enoch Godongwana to increase the tax on sugary drinks and expand the levy to fruit juices, saying this would bring in revenue of at least R8.6bn a year.

Signatories include the SA Medical Research Council/Wits Centre for Health Economics and Decision Science (Priceless SA), the Rural Health Advocacy Project, the Progressive Health Forum and many of SA’s leading public health researchers.

The cabinet rejected the budget proposed by Godongwana last month over his plans to raise an additional R60bn in revenue by hiking VAT from 15% to 17%. He is expected to table a revised budget on March 12.

To the consternation of public health advocates, the minister’s draft budget scrapped a planned increase to the health promotion levy on April 1, saying this was to “allow the sugar industry more time to restructure in response to regional competition”.

This is not the first reprieve offered to the industry: an increase in the sugar tax announced in the 2022 budget was deferred to April 2023 and then postponed in the 2023 budget for another two years, until April 2025.

The health promotion levy was introduced by the government in 2018 to curb consumption of sugary drinks and help counter SA’s growing prevalence of obesity and related diseases. The levy stands at 2.1c for each gram of sugar above a 4g threshold per 100ml, and is limited to sugar-sweetened beverages.

The sugar industry has been staunchly opposed to the levy from the outset and maintains that reduced consumption of sugary drinks has led to job losses. SA Canegrowers previously said more than 9,700 jobs were shed on sugar farms after the levy was introduced.

Public health advocates have said there was no evidence of job losses in the sugar industry.

The petition said increasing the health promotion levy and expanding its ambit to fruit juices would decrease obesity and type 2 diabetes, and help raise much-needed revenue.

The levy is set at an effective tax rate of 8% of the retail price and should be raised to the World Health Organisation’s minimum threshold of 20%, the petition said.

“Unlike the proposed VAT increase, a health promotion levy increase would benefit the poorest the most. There is a winwin in increasing the health promotion levy. Contrary to the industry claims, empirical evidence has shown no association between the health promotion levy and employment,” it said.

A Priceless SA study that analysed Stats SA’s quarterly labour force survey found no association between job losses and the introduction of the health promotion levy.

SA Sugar Association executive director Sifiso Mhlaba said calls to increase the sugar tax were “preposterous”.

Obesity rates had continued to rise despite the implementation of the sugar tax, which had caused “a multibillion-rand revenue loss, substantial job loss in both the sugar cane growing and milling sectors, and the permanent closure of two mills in KwaZulu-Natal”, he said.

Tamar Kahn

Business Day

MEDICAL ARTICLES

SOUTH AFRICA

BHF requests records in NHI court battle

Disclosure of President Cyril Ramaphosa’s records to trace his steps in approving the contentious National Health Insurance Bill could clarify whether he followed all legal requirements before signing it into law, the Board of Healthcare Funders (BHF) said on Tuesday. In its submission to the high court in Pretoria, the board queried whether the president applied his mind properly before signing the bill. The BHF represents more than 40 medical schemes and administrators.

Disclosure of President Cyril Ramaphosa’s records to trace his steps in approving the contentious National Health Insurance (NHI) Bill could clarify whether he followed all legal requirements before signing it into law, the Board of Healthcare Funders (BHF) said on Tuesday.

The National Health Insurance Act has been a focal point of the government of national unity. The DA has been pushing against the act’s implementation while the ANC’s tripartite alliance partners, SACP and Cosatu, have formed a guard to ensure the act is implemented.

The NHI is intended to achieve universal health coverage for all South Africans. Opponents say the act is premature and unconstitutional in restricting freedoms related to healthcare access and it lacks clear assurances for medical professionals on their future roles.

In its submission to the high court in Pretoria, the board queried whether the president applied his mind properly before signing the bill.

The BHF represents more than 40 medical schemes and administrators covering 4.5million beneficiaries in SA.

Ramaphosa signed the NHI legislation into law on May 15 2024, causing a stir weeks before the 2024 general election. The act has since been contested by companies providing private healthcare services as well as analysts and opposition parties.

In its court papers, the BHF questioned whether the president considered dissenting views or simply ignored these before signing the bill.

Section 79(1) of the constitution states: “The president must refer any concerns about the bill’s constitutionality to the National Assembly for reconsideration.”

The BHF said the legislation should have been deliberated on further in parliament before it was signed into law.

UNCONSTITUTIONAL

“The BHF and many other industry stakeholders advised the president that the NHI Bill was unconstitutional for multiple reasons and requested the president to remit the matter back to the National Assembly for reconsideration,” the board said in its court papers.

This is the main reason the BHF gave for Ramaphosa’s full records to be disclosed in court to trace his steps before signing the bill. The board said the president’s records would provide evidence as to whether he considered stakeholders’ views.

“The record is expected to reveal the submissions received by the president (including by government departments), which advised that the NHI Bill was unconstitutional, at least in part. It will show how the president handled these submissions,” the BHF said in its court papers. “Crucially, the record should clarify why, despite receiving these submissions, the president still assented to and signed the bill, explaining his disagreement with the concerns raised.”

The president’s legal team argued the case was at heart a constitutional one, and should be heard by the apex court and not the high court.

It pinned its argument on section 167 (4) (e) of the constitution, which stipulates that only the Constitutional Court may “decide that parliament or the president has failed to fulfil a constitutional obligation”.

The BHF opposed this contention, saying: “The president’s stance is wrong.

“The high court has jurisdiction. The Constitutional Court has deemed it unnecessary to define what constitutes a ‘fail[ure] to fulfil a constitutional obligation’ under section 167(4)(e) of the constitution, as the scope of its exclusive jurisdiction may depend on the specific facts and nature of the challenge,” said the BHF.

The BHF contends that its case against the president should be heard in the high court. “In BHF’s review of the president’s decision to assent to and sign the NHI Bill into law, the court is called upon to adjudicate the legality and rationality of the president’s decision (whether the president took all of the necessary steps in terms of section 79(1) … The court is not called upon to determine the constitutionality of the NHI Bill.”

Sinesipho Schrieber

Business Day

Jurisdiction issue holds up Ramaphosa NHI case

Legal technicalities regarding the High Court’s jurisdiction to hear the matter are being used by President Cyril Ramaphosa’s lawyers to delay an attempt to force him to provide the record of his decision to sign the National Health Insurance (NHI) Act into law.

The conundrum facing the Gauteng High Court (Pretoria) Judge Mpostoli Twala has meant the merits of the matter have yet to be heard.

When Ramaphosa signed the controversial NHI Bill into law just before last year’s elections, political parties and organisations, including healthcare schemes, immediately raised objections.

Now several parties have gone the court to challenge the Act’s constitutionality.

In court this week it was the turns of the Board of Healthcare Funders (BHF) and SA Private Practitioners Forum (SAPPF) who want details of Ramaphosa’s decision.

But to date, Ramaphosa has refused to provide the record of his decision to sign the Bill into law.

On Tuesday and yesterday, senior counsel for the applicants and respondents jostled for the court’s ear as they raised interpretations of the Constitution and applicable law aligned with their desired outcome.

It says the crux of Ramaphosa’s argument is rooted in section 167(4)(e) of the Constitution, which states only the apex court can decide whether the President has failed to fulfil a constitutional obligation.

Therefore, they argued the President’s assent to the Bill was not reviewable by a High Court.

It was also contended the Constitutional Court enjoys exclusive jurisdiction over politically sensitive matters that fall within the terrain of one arm of the state and has the capacity to interfere with another.

In addition, even if the High Court found it has jurisdiction, Ramaphosa’s legal team argued the President’s assent and signature were not reviewable on the grounds of rationality or other more expansive grounds of review.

Coalition urges state to ditch tariff plan

A coalition of healthcare professionals has urged the government to abandon its plans for a collective bargaining scheme for private healthcare providers, saying its proposal is legally flawed and won’t reduce costs. The United Healthcare Access Coalition said the scheme had not been properly thought through and was at odds with the Competition Commission’s health market inquiry recommendations.

Last month, trade, industry & competition minister Parks Tau published draft regulations to the Competition Act that propose granting medical schemes and some private healthcare providers an interim block exemption to the act’s prohibition on collective bargaining. The draft regulations, which exclude private hospitals, also propose establishing a multilateral tariff negotiating forum overseen by the health department.

The United Healthcare Access Coalition (UHAC), representing 34 healthcare organisations, said on Thursday the scheme had not been properly thought through and was at odds with the recommendations of the Competition Commission’s health market inquiry.

The inquiry’s final report proposed a set of inter-linked reforms that in addition to establishing an independent tariff negotiating body included interventions to manage demand, equalise risk between medical schemes, and monitor the outcomes of care.

“You can’t cherry pick which parts of the health market inquiry you want. If you introduce a partial approach, it is going to have a negative effect on all of the features of the market the inquiry identified as problematic,’ said UHAC steering committee member Alex van den Heever, from the Wits school of public governance.

Managing health policy with an exemption to the Competition Act was a “highly questionable” approach and likely open to legal challenge, he said.

The regulations gazetted by Tau on February 14 introduce a framework to assess treatment protocols, health technology and

SCHEME HAS NOT BEEN PROPERLY THOUGHT THROUGH AND IS AT ODDS WITH RECOMMENDATIONS OF HEALTH MARKET INQUIRY

the quality of care, which goes beyond the scope of the Competition Act, he said. “These are health policy issues, which fall squarely under the jurisdiction of the minister of health, and have nothing to do with trade, industry and competition. It is the minister of health who needs to establish a positive legislative framework to implement the recommendations of the health market inquiry.”

The UHAC said the block exemption approach should be scrapped and the inquiry’s recommendations implemented in full, including establishing an independent regulatory authority to oversee expeditious tariffsetting, with a structured multilateral negotiating body to ensure transparent and binding tariffs.

SA Private Practitioners Forum chair Simon Strachan, also on the UHAC steering committee, said the tariff setting mechanism should include hospitals as they are a contributor to healthcare cost inflation.

The health department was refusing to establish a permanent system to manage and regulate private healthcare because it was intent on implementing National Health Insurance (NHI), said UHAC steering committee members Aslam Dassoo, convener of the Progressive Health Forum. “It is working on the assumption that somehow in three years’ time we will have a completely new healthcare system that replaces both the current public and private systems, and pays for everything. This is implausible. It is not going to happen,” he said.

The UHAC is opposed to NHI and submitted an alternative proposal for health reform to President Cyril Ramaphosa.

Tamar Kahn

Business Day

PUBLIC SECTOR ARTICLES

SOUTH AFRICA

Creecy turns to courts after audit confirms driving licence machine tender was irregular

The Department of Transport will lodge a High Court application for a declaratory order seeking guidance on how to proceed after a driving licence card machines tender was found to have been irregular by the Auditor-General South Africa (AGSA).

Transport Minister Barbara Creecy has also released the executive summary of the AGSA audit report confirming that the winning bidder, IDEMIA, failed to meet key bid technical requirements.

In addition, prescribed supply chain management processes had not been implemented during the tender by the Driving Licence Card Account (DLCA), the department’s agency set up to produce and deliver secure driving licences.

Creecy requested the AGSA to audit allegations of tender process manipulation in September, attaching a letter from the Organisation Undoing Tax Abuse (OUTA), in which specific allegations of irregular procurement were made.

OUTA welcomed the announcement by Creecy, stating that it could save taxpayers millions in light of evidence it had collected showing that the contract value had ballooned from the DLCA’s budgeted R486-million to above R898-million.

In fact, the AGSA audit showed that all bids submitted exceeded the R486-million budget, pointing to inadequate market analysis and the use of outdated pre-Covid prices.

“This outcome is the direct result of effective civil intervention, when civil society organisations work responsibly with whistleblowers to build strong evidence-based cases that halt grossly overpriced, and what is clearly a corrupt, tender from being awarded.

“We also hope that those involved in the bid evaluation and adjudication process will be held accountable,” OUTA CEO Wayne Duvenage said in a statement.

Given the aged nature of the current driving licence machine, which had also been prone to breakdowns, Creecy said the department was exploring various interim solutions to sustain the operations of the current machine.

These interim measures would be announced in due course, she added.

Terence Creamer

Creamer Media Editor

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