Dear Subscribers,
| AGRICULTURE
Agricultural Pests Act: Control measures: Polyphagous Shot Hole Borer: Amendment Agricultural Product Standards Act:Regulations: Departmental Fees: Amendment Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act:Application for derogation for the restricted use of agricultural remedies identified as substances of concern: Comments invited
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COMPANIES
Companies Act: Regulations: Waiving application of Regulation 40 (4) in compliance with requirements of Financial Action Task Force
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FINANCE AND TAX
Audit Profession Act:
Decisions on retention of various fees prescribed for the 2019/2020 and 2020/2021 Financial Years: Comments invited Guideline for IRBA’s Enforcement/Disciplinary Committee in determining monetary fines for Registered Auditors/Registered Candidate Auditors found guilty of improper conduct: Comments invited Revised Fees Proposals for 2025/2026: Assurance Fees: Comments invited
Banks Act: Regulations: Amendments
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LABOUR
National Minumum Wage Act: National Minimum Wage Amendment 2025 |
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ARTICLES
Disrupting the AI industry OECD tax deal in turmoil as Trump draws battle lines New implementation date for FLAC instruments for SIFI banks and their holding companies Debates heat up as health committee concludes provincial public hearings on tobacco bill SA labour law’s new rules for firing employees: How this might benefit small businesses Not hired for having tattoos: Fair or Trumped up? Dismissed for using cell phones at work Housing Consumer Protection Act signed Expropriation law: Not new or dangerous |
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Alison and The Legal Team
CONTENTS
Agricultural Pests Act: Control measures: Polyphagous Shot Hole Borer: Amendment
Agricultural Product Standards Act: Regulations: Departmental Fees: Amendment
Audit Profession Act: Revised Fees Proposals for 2025/2026: Assurance Fees: Comments invited
Banks Act: Regulations: Amendments
National Minumum Wage Act: National Minimum Wage Amendment 2025
Medical Schemes Act: Adjustment to fees payable to brokers
Private Security Industry Regulation Act: Regulations: Asset-In-Transit: Comments invited
Private Security Industry Regulation Act: Regulations: Working animals
Standards Act: Standards matters: Comments invited
Standards Act: Standards matters: Comments invited
OECD tax deal in turmoil as Trump draws battle lines
New implementation date for FLAC instruments for SIFI banks and their holding companies
Debates heat up as health committee concludes provincial public hearings on tobacco bill
SA labour law’s new rules for firing employees: How this might benefit small businesses
Not hired for having tattoos: Fair or Trumped up?
Dismissed for using cell phones at work
Housing Consumer Protection Act signed
Expropriation law: Not new or dangerous
AGRICULTURE
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| LAW AND TYPE OF NOTICE
Agricultural Pests Act:
Control measures: Polyphagous Shot Hole Borer: Amendment
G 52021 GoN 5816
31 January 2025
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APPLIES TO:
1. Agriculture: Particularly those involved in growing and managing crops such as avocado, citrus, mango, olive, pome fruit, and stone fruit 2. Forestry: Including both natural forests and plantation forestry, as PSHB can infest a wide range of tree species 3. Horticulture: This includes nurseries and businesses involved in the cultivation of ornamental plants and trees 4. Urban Landscaping: Companies and municipal bodies responsible for the maintenance of urban street trees and public green spaces 5. Wood and Plant Material Transport: Businesses involved in the movement of wood, plant material, and green waste, especially within and out of quarantine areas
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| SUMMED UP
The amendment specifically addresses control measures for the Polyphagous Shot Hole Borer, a pest affecting agriculture.
Key Changes: · Identification and Reporting: New protocols for the identification and mandatory reporting of PSHB infestations. · Quarantine Measures: Establishment of quarantine zones to prevent the spread of the pest. Movement of plant material, wood, and green waste from these zones will be restricted. · Treatment and Eradication: Guidelines for the treatment and eradication of infested plants and trees, including the use of specific pesticides and removal methods. · Monitoring and Surveillance: Enhanced monitoring and surveillance measures to detect and manage PSHB outbreaks more effectively. · Public Awareness and Education: Initiatives to raise awareness and educate stakeholders, including farmers, foresters, and the general public, about the risks and management of PSHB. |
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FULL TEXT |
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DETAILS
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LINK TO FULL NOTICE
Agricultural Pests Act: Control measures: Polyphagous Shot Hole Borer: AmendmentG 52021 GoN 5816 31 January 2025
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| ACTION
1. Identification and Reporting
2. Quarantine Measures
3. Treatment and Eradication
4. Monitoring and Surveillance
5. Public Awareness and Education
6. Compliance and Documentation
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| LAW AND TYPE OF NOTICE
Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act:
Application for derogation for the restricted use of agricultural remedies identified as substances of concern: Comments invited
G 52013 GeN 2950
– Comment by 02 Mar 2025
31 January 2025
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APPLIES TO:
Organizations who make use of herbicide for the purpose of controlling weeds in crops such as carrots, potatoes, and sweet potato transplants.
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SUMMED UP
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FULL TEXT |
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DETAILS
DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT NOTICE 2950 OF 2025
PUBLIC NOTICE
Application for derogation for the restricted use of Agricultural Remedies identified as a substance of concern.
This notice is to inform the public of administrative action being taken in relation to the approval of Agricultural Remedies under the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (act No. 36 of 1947)
ADAMA SOUTH AFRICA (Pty) Ltd., hereby informs the public of its intention to submit an application for the derogation of the registered Agricultural Remedy LINAGAN® SC (L6294) containing linuron with active load 500 g/L, identified as a substance of concern due to its classification as reproductive toxin Category 1B according to Globally Harmonized System of Classification and Labelling of Chemicals, for the following uses in South Africa: A herbicide for the control of weeds in agricultural crops or situations such as carrots, potatoes, sweet potato transplants.
As per the requirements of the “Regulations relating to Agricultural Remedies” of August 2023, a toxicological risk assessment was conducted for the proposed end uses, and the public is hereby invited to review the risk assessment report and submit comments in relation to the proposed application. This report can be accessed online via the following website: https://www.adama.com/south-africa/en/derogation or in hard copy at the Department of Agriculture, Land Reform and Rural Development (Agriculture Building, 20 Steve Biko, Arcadia, Pretoria, 0001) during office hours (08:00 to 16:00 on Mondays to Fridays, excluding public holidays).
Interested parties must submit comments or objections in connection with the proposed application in writing to:
Mr. M Mudzunga The Registrar: Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No.36 of 1947) Department of Agriculture, Land Reform and Rural Development, Private Bag X 343, Pretoria, 0001. Office 417, Harvest House Building, 30 Hamilton Street, Arcadia, Pretoria, 0001 Tel. No: 012 319 6530
Email to MalutaM@dalrrd.gov.za
Interested parties must submit comments or objections in relation to this application within 30 days of the publication of this notice. Comments received after the closing date will not be considered.
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LINK TO FULL NOTICE
Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act: Application for derogation for the restricted use of agricultural remedies identified as substances of concern: Comments invited (English / Afrikaans)G 52013 GeN 2950 – Comment by 02 Mar 2025 31 January 2025
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ACTION
Ensure that you submit your comments before 02 March 2025.
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LAW AND TYPE OF NOTICE
Agricultural Product Standards Act:
Regulations: Departmental Fees: Amendment
G 52021 RG 11790 GoN 5818
31 January 2025
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1. Agriculture: Farmers and producers of crops, fruits, vegetables, and other plant-based products. 2. Animal Husbandry: Producers of animal-based products such as meat, dairy, and honey. 3. Food Processing: Companies involved in processing raw agricultural products into consumable goods, including dairy products, fruit juices, and dried fruits. 4. Import and Export: Businesses that import and export agricultural products, ensuring they meet the required standards for quality and safety. 5. Retail and Wholesale: Retailers and wholesalers who sell agricultural products to consumers and businesses. 6. Laboratories: Facilities that conduct quality control analyses and inspections of agricultural products.
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SUMMED UP
Key Amendments: 1. Effective Date: The new regulations will come into effect on April 1, 2025. 2. Substitution of Tables: The document includes updated tables for various fees related to analysis, inspection, and audits.
Updated Fees:
Table 1: Analysis, Inspection, and Audit Fees (Local and Import)
Table 2: Analysis Fees (Export)
Table 3: Fees for Colour Charts (Local, Import, and Export)
Table 4: Local and Import Appeal Fees
Table 5: Export Appeal Fees
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FULL TEXT |
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DETAILS
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LINK TO FULL NOTICE
Agricultural Product Standards Act: Regulations: Departmental Fees: AmendmentG 52021 RG 11790 GoN 5818 31 January 2025
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| ACTION
1. Review and Understand the Regulations
2. Update Internal Policies and Procedures
3. Compliance with Quality Control Standards
4. Prepare for Inspections
5. Manage Appeals and Disputes
6. Stay Informed
7. Communicate with Stakeholders
8. Financial Planning
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COMPANIES
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LAW AND TYPE OF NOTICE
Companies Act: Regulations: Waiving application of Regulation 40 (4) in compliance with requirements of Financial Action Task Force
G 52028 RG 11791 GeN 2983
31 January 2025
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APPLIES TO:
All Organizations
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SUMMED UP
Companies will be deemed finally deregistered by 31 January 2025 if they have not submitted their Annual Returns and Beneficial Ownership.
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FULL TEXT |
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DETAILS
DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION
COMPANIES ACT, 2008 (Act 71 of 2008) COMPANIES REGULATIONS, 2011 No. R. 2025
NOTICE 2983 OF 2025
NOTICE TO WAIVE THE APPLICATION OF REGULATION 40(4) OF THE COMPANIES REGULATIONS OF 2011 IN COMPLIANCE WITH THE REQUIREMENTS OF THE FINANCIAL ACTION TASK FORCE
I Mpho Parks Tau, Minister of Trade, Industry and Competition, in terms of section 190(2) of the Companies Act, 2008 (Act 71 of 2008), in consultation with the Companies and Intellectual Property Commission (CIPC), as part of South Africa’s endeavours to comply with the Financial Action Task Force requirements, waive the application of regulation 40(4) as a whole for all the companies and close corporations referred for deregistration in terms of the Companies Regulations, from the period between 02 December 2024 to 23 December 2024 due to their non-compliance with the submission of Annual Returns and latest Beneficial Ownership Declaration in terms of section 30 of the Act, will be deemed finally deregistered by the 31 January 2025.
MR MPHO PARKS TAU, MP MINISTER OF TRADE, INDUSTRY AND COMPETITION 28/01/2025
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LINK TO FULL NOTICE
Companies Act: Regulations: Waiving application of Regulation 40 (4) in compliance with requirements of Financial Action Task ForceG 52028 RG 11791 GeN 2983 31 January 2025
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ACTION
Ensure that your Annual returns and Beneficial Ownership Declarations are filed.
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FINANCE AND TAX
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LAW AND TYPE OF NOTICE
Audit Profession Act:
Decisions on retention of various fees prescribed for the 2019/2020 and 2020/2021 Financial Years: Comments invited
G 52033 BN 716
– Comment by 03 Mar 2025
03 February 2025
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APPLIES TO:
1. Registered Auditors: · Particularly those who were affected by the removal of the 50% fee concession for auditors over the age of 65. · Auditors who are also tax practitioners and chose the IRBA as their Recognised Controlling Body (RCB).
2. Tax Practitioners: · Those who registered with the IRBA as their RCB and are subject to the prescribed fees for registration, annual renewal, and reinstatement.
3. Audit Firms: · Firms that perform assurance work, especially those involved in Category C (Low-Risk) assurance work, which were subject to the assurance fees.
4. General Public: · Members of the public are invited to submit comments on the proposed decisions.
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SUMMED UP
1. Supreme Court of Appeal Decision: · The Supreme Court of Appeal ordered the IRBA to reconsider several decisions regarding fee concessions and increases.
2. Decisions to be Reconsidered: · Removal of a 50% fee concession for auditors over 65. · Fee increases for registration, renewal, and reinstatement of tax practitioners. · Above-inflation increases in annual renewal fees. · Assurance fees for Category C assurance work.
3. Reasons for Proposed Decisions: · Budgetary constraints due to reduced allocations from National Treasury. · Need to fund increased regulatory activities to improve audit quality. · Financial sustainability of the IRBA.
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FULL TEXT |
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DETAILS
BOARD NOTICE 716 OF 2025
NOTICE OF AN INVITATION TO COMMENT ON PROPOSED DECISIONS RELATING TO THE RETENTION OF VARIOUS FEES PRESCRIBED FOR THE 2019/2020 AND 2020/2021 FINANCIAL YEARS
I. In the matter of IRBA v East Rand Member District of Chartered Accountants (SCA, 22 July 2024) the Supreme Court of Appeal ordered that the following decisions taken by the Independent Regulatory Board for Auditors (“IRBA”) be set aside and remitted to it for a decision to be taken afresh, by no later than 31 March 2025, after it has given effect to the right of registered auditors to procedurally fair administrative action, as contemplated in the Promotion of Administrative Justice Act 3 of 2000 (PAJA):
1. The decision published under Board Notice 24 of 2019 in Government Gazette No 42258 dated 1 March 2019, in terms of which the IRBA removed the concession to registered auditors over the age of 65 in the form of a 50% discount of their individual annual fees (the fee concession).
2. The decision published under Board Notice 47 of 2020 in Government Gazette No 43110 dated 20 March 2020, in terms of which the IRBA failed to reverse its previous decision to remove the fee concession.
3. The decision to prescribe fees in relation to the registration, annual renewal of registration and the reinstatement of the registration of tax practitioners who elected the IRBA as their recognised controlling body, published under: (a) Board Notice 24 of 2019 in Government Gazette No 42258 dated 1 March 2019; (b) Board Notice 82 of 2019 in Government Gazette No 42511 dated 5 June 2019; and (c) Board Notice 47 of 2020 in Government Gazette No 43110 dated 20 March 2020
4. The decision to increase the annual renewal fees for registration and administrative fees for reinstatement, published under paragraph 2.1 and 2.3 of Board Notice 24 of 2019 and Board Notice 47 of 2020, with 35% and 50% respectively, which increases were above the consumer price inflation (CPI) when compared to the equivalent fees payable during the 2018/2019 financial year.
5. The decision to prescribe assurance fees in respect of Category C assurance work and all administration fees in respect of assurance fees, published under: (a) Board Notice 24 of 2019 in Government Gazette No 42258 dated 1 March 2019; (b) Board Notice 82 of 2019 in Government Gazette No 42511 dated 5 June 2019; and (c) Board Notice 47 of 2020 in Government Gazette No 43110 dated 20 March 2020
II. The IRBA is considering confirming the decisions that have been set aside and retaining all the above fees and/or decisions which applied in respect of the 2019/2020 and 2020/21 financial years with the exception of the administration fees referred to in paragraph 1.5 above. The proposed administrative action is for the following reasons:
1. Section 8 of the Auditing Profession Act 26 of 2005 (APA), as amended, gives the IRBA the power to prescribe the fees that are payable to the regulator by registered auditors to fund the performance of its legislated functions and provides that it must prescribe accreditation, registration, registration renewal and reregistration fees and annual fees, or a portion thereof in respect of a part of a year. It also empowers the IRBA to grant exemption from payment of any fees prescribed in terms of section 8(1) or (2).
2. The IRBA’s other principal source of funding is moneys appropriated by Parliament. In the 2018/19 Medium-Term Expenditure Framework National Treasury announced a reduction in the Board’s base budgetary allocation of R8.7 million. Section 53(3) of the Public Finance Management Act (PFMA) does not allow the IRBA, as a public entity, to budget for a deficit without obtaining prior written approval from the National Treasury (NT). IRBA has been informed by NT that it has not granted it approval to budget for a deficit for the 2025/26, 2026/27 and 2027/28 financial years and that the IRBA must ensure that the budget is in accordance with section 53(3) of the PFMA.
3. The decisions by the IRBA in 2019 to increase the prescribed fees and introduce new fees were made in the light of the reduction in the NT allocation. At the same time, the IRBA’s inspections revealed a continued decline in audit quality. This increased risk required the IRBA to enhance the scope of its work.
4. The shortfall arising from the reduced NT allocation and the need to fund the increased scope of activities was met principally by way of increases in the prescribed fees contemplated by section 25 of the APA.
5. The continued risk of poor audit quality demanded that the IRBA’s strategy to extend the scope of its work to improve audit quality be retained so as to fulfil the IRBA’s statutory mandate to protect the public interest.
6. The IRBA’s financial situation remains such that it cannot afford to reverse its decision with regard to the 2019 and 2020 fee increases and new fees, thereby incurring the liability to reimburse the payments already made by the registered auditors. The fee increases and new fees introduced in 2019 were necessary to preserve the IRBA’s financial sustainability. The fees collected in terms of the 2019 and 2020 decisions have been expended to fund the IRBA’s activities in those financial years. Since the IRBA cannot maintain a deficit, the repayment obligation would have to be met by increasing other prescribed fees. It is not open to the IRBA to deduct from future fee income to meet an obligation to repay the 2019 and 2020 fees as this would deleteriously affect the IRBA’s ability to continue to perform its statutory duties and to deliver on its strategic objectives to improve audit quality.
III. With regard to the particular decisions that must be taken afresh as described above, the following particular considerations apply:
A. Removal of the 50% concession to registered auditors over the age of 65
1. In years prior to 2019, the IRBA granted a concession to registered auditors over the age of 65 in the form of a 50% discount on their individual annual fees.
2. In 2019, to assist it in addressing its budgetary challenges, the IRBA resolved to remove the over-65 fee concession.
3. Consequently, in terms of Board Notice 24 of 2019 with effect from 1 April 2019, all registered auditors were invoiced for the same annual fee.
4. In 2020, in terms of Board Notice 47 of 2020 the IRBA retained the removal of the over-65 concession for the 2020/2021 financial years.
5. This remained the position in each of the Board’s subsequent annual fee determinations – i.e., those for the 2021/2022, 2022/2023, 2023/2024 and 2024/2025 financial years.
B. Tax practitioner registration, annual renewal and/or reinstatement fees
1. In terms of s 240 of the Tax Administration Act 28 of 2011 (TAA), all tax practitioners are required to be registered with a Recognised Controlling Body (RCB). Both the IRBA and the South African Institute for Chartered Accountants (SAICA) were RCBs.
2. SAICA decided to levy a separate subscription fee on all its members (chartered accountants) who chose SAICA as their RCB. As a result, a number of registered auditors who were tax practitioners and members of SAICA informed SARS that the Board was their RCB, so as to avoid the fees charged by SAICA.
3. In 2018, the IRBA informed registered auditors of its intention from the 2019/2020 financial year, to levy a separate additional annual fee which would be payable by tax practitioners who had elected the IRBA as their RCB.
4. An annual fee of R2 100.00 was prescribed for annual renewal of tax practitioner status payable by any registered auditor who is recognised as a tax practitioner with the IRBA as RCB and an administration fee of R1 050.00 was prescribed for reinstatement of tax practitioner recognition in Board Notice 24 of 1 March 2019.
5. The fee was retained in the 2020/2021 fee determination at the rate of R2 270.00 for annual registration and R4 375.00 for reinstatements, as prescribed in Board Notice 47 of 20 March 2020.
6. The registration and reinstatement fees were retained in the subsequent fee determination for 2022/2023.
7. The reason behind the imposition of tax practitioner fees was to cover the administration costs related to the performance of the IRBA’s functions in relation to the registration of tax practitioners (including the development and implementation of systems to interact with SARS systems), receipt and investigation of complaints against tax partitioners, initiation of disciplinary processes, when necessary, as well as the implementation of measures necessary for the strengthening and monitoring of compliance with the IRBA continuing professional development requirements by tax practitioners.
8. With effect from 5 January 2023, as a result of the coming into effect of the Tax Administration Laws Amendment Act 16 of 2022, the IRBA was no longer a RCB under the Act and no longer performed RCB functions with effect from 1 April 2023.
C. Above CPI increases on annual renewal fees for registration and reinstatement
1. The decision of the IRBA in 2019 to prescribe above-inflation fee increases in respect of the annual fees for registration and the reinstatement of registration was necessitated by the need to meet the shortfall in the NT allocation described above by increasing the proportion of the IRBA’s funds derived from prescribed fees. In addition, the IRBA had additional regulatory and oversight responsibilities as a result of the increased number of high-profile disciplinary matters as well as the increased number of reportable irregularities received. This in turn necessitated increased regulatory efforts on the part of the IRBA, and consequently, increased budgetary needs.
2. As a consequence, limiting the increase to the CPI inflation rate would have been wholly inadequate and posed a threat to the financial viability of the IRBA and its ability to execute its regulatory mandate.
3. Accordingly, in terms of Board Notice 24 of 1 March 2019 the fees prescribed for registration and reinstatement of registration were 35 per cent and 50 per cent, respectively, higher than those for the previous financial year.
4. In 2020, and in all subsequent years these particular fees have been increased by a percentage between 5 – 8, in line with increases implemented before 2019, but calculated on the baseline of the increased fees for the 2019/2020 financial year.
D. Category C assurance fees and related administration fees
1. With effect from 2012 IRBA prescribed assurance fees which are billed twice a year based on a percentage of the total assurance work invoiced by the firm and declared every calendar year by the firm for each registered auditor.
2. Prior to 2019, the assurance fee was prescribed only in respect of Category A (High-Risk) assurance work.
3. In 2019, the IRBA decided to extend the prescribed assurance fee to encompass all assurance work, including fees derived from Category C (Low- Risk) assurance work. This was gazetted in Board Notice 82 of 5 June 2019. The decision was made in terms of section 8(2)(b) of the Act which provides that the Board may prescribe fees payable for an inspection or review undertaken by the Regulatory Board in terms of section 47.
4. The decision was necessitated by the need to meet the shortfall in the NT allocation by increasing the proportion of the IRBA’s funds derived from prescribed fees and to fund the IRBA’s additional regulatory and oversight responsibilities, as described above.
5. In 2020, the IRBA resolved to retain the Category C assurance fee at the same percentage as prescribed for 2019/2020 year. However, it did not gazette this decision.
6. The SCA held that the prescription of annual fees – continuing for the period of one year – is a peremptory requirement under s 8(1)(b) of the Act. The fees payable in terms of Board Notice 82 of 2019 were payable from 1 April 2019 to 31 March 2020 and the obligation to pay those fees ceased on 31 March 2020. The failure to gazette the assurance fees in the 2020/2021 financial year resulted in the cessation, on 31 March 2020, of the obligation to pay those fees.
7. Assurance fees were prescribed for Category C assurance work in the 2021/2022, 2022/2023, 2023/2024 and 2024/2025 financial years.
8. As regards the IRBA’s 2019 decision to extend the assurance fee to encompass Category C assurance work, the SCA held that section 8(2)(b) of the Act, which the IRBA had relied upon as the empowering provision, envisages the recovery of costs in relation to inspections. Section 8(2)(b) did not permit the Board to prescribe those fees on the basis of a percentage of Category C assurance work, where the costs of inspections bear no relation to the fees charged.
9. Assurance fees are a critical source of income for the Board and are used to cover its general costs of operation, including inspections.
10. The IRBA has been advised by external legal counsel that it may prescribe such fees in respect of both Category A and Category C assurance work under the general fee raising powers granted to it by section 8(1) of the Act rather than the specific provisions of section 8(2)(b). The fees are part of the general fee income of IRBA raised annually to cover the costs of performing its statutory mandate and envisaged in section 25(1)(a) of the Act. Given the reduction in the contribution from the fiscus announced by the NT in 2019 and retained since then, if the fees are not levied in this particular form it would be necessary for IRBA to fill the gap by increasing one or other of the other annual fees prescribed.
11. The IRBA is consequently considering taking a fresh decision in terms of section 8(1) of the Act to impose the assurance fees applicable to Category C assurance work in respect of the 2019/2020 and 2020/2021 financial years at the same percentages of declared assurance fees as were prescribed in those years.
12. In the ERMDCA v IRBA matter, certain related administrative fees introduced in 2019, namely penalties for late submission of the assurance work affidavit and supporting documents and for the under-declaring of assurance fees prescribed in relation to Category C assurance work were set aside by the High Court on the basis that the IRBA has no power to impose such penalties. On appeal, the SCA remitted this decision to the IRBA for reconsideration but the IRBA resolved, following the High Court decision, that it would not reimpose the fees and has refunded them to auditors.
Registered auditors and members of the public are invited to submit comments in connection with the above proposed decisions to the IRBA no later than 30 days after publication of the notice.
Submission Requirements
1. Comments on the proposed decisions must be submitted electronically to board@irba.co.za for the attention of Mr Marius Fourie on or before 17h00 on 4 March 2025. Comments received after the closing date will not be considered. 2. Any enquiries regarding this communication can be directed to the aforementioned email address. |
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LINK TO FULL NOTICE
Audit Profession Act: Decisions on retention of various fees prescribed for the 2019/2020 and 2020/2021 Financial Years: Comments invitedG 52033 BN 716 – Comment by 03 Mar 2025 03 February 2025
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ACTION
Ensure that you submit your comments before 17h00 on 4 March 2025.
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LAW AND TYPE OF NOTICE
Audit Profession Act:
Guideline for IRBA’s Enforcement/Disciplinary Committee in determining monetary fines for Registered Auditors/Registered Candidate Auditors found guilty of improper conduct: Comments invited
G 52033 BN 715
– Comment by 04 Mar 2025
31 January 2025
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APPLIES TO:
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SUMMED UP
Key Definitions
Monetary Fines Framework
Fine Ranges
Considerations for Determining Fines
Mitigation Factors
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FULL TEXT |
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DETAILS
BOARD NOTICE 715 OF 2025
NOTICE OF REQUEST FOR PUBLIC COMMENTS ON THE DRAFT GUIDELINE FOR THE IRBA’S ENFORCEMENT/DISCIPLINARY COMMITTEE IN DETERMINING MONETARY FINES FOR REGISTERED AUDITORS/REGISTERED CANDIDATE AUDITORS FOUND GUILTY OF IMPROPER CONDUCT
Please be advised that the draft guideline on determining monetary fines is available and can be downloaded from the IRBA website at https://irba.co.za/library/legislation
All interested and affected stakeholders are invited to submit their written comments on the draft guideline on determining monetary fines to the email address fineguideline@irba.co.za by latest 12h00 on 4 March 2025.
Following receipt of the submissions the IRBA’s Board will consider the comments received on the draft guideline on determining monetary fines.
Imre Nagy Chief Executive Officer
DRAFT GUIDELINE AS PER THE IRBA WEBSITE
INDEPENDENT REGULATORY BOARD FOR AUDITORS (IRBA) DRAFT GUIDELINE FOR THE IRBA’S ENFORCEMENT/DISCIPLINARY COMMITTEE IN DETERMINING MONETARY FINES FOR REGISTERED AUDITORS/REGISTERED CANDIDATE AUDITORS FOUND GUILTY OF IMPROPER CONDUCT
1. Introduction
1.1 The primary purpose of sanctions is to hold registered auditors [RA] and registered candidate auditors [RCA] accountable for improper conduct that they committed while registered with the IRBA. Appropriate sanctioning enforces compliance with the legislative framework, promotes public trust in the profession and in the regulation of the profession, and deters other RA/RCAs from committing similar improper conduct.
1.2 Registered auditor as per the Auditing Profession Act, No. 26 of 2005, as amended [Act], means an individual or firm registered with the IRBA.
1.3 Improper conduct means any non-compliance with the Act, or any rules prescribed pursuant to the Act, or any conduct prescribed as constituting improper conduct.
1.4 A transgression is an act or omission by an RA/RCA [Respondent] which results in improper conduct.
1.5 Section 4(1)(a) of the Act states that the Regulatory Board must, in addition to its other functions provided for in this Act take steps to promote the integrity of the auditing profession, including: (i)investigating alleged improper conduct; (ii)conducting disciplinary hearings; and (iii)imposing sanctions for improper conduct.
1.6It is important to note that the monetary fines as Gazetted by the Minister of Finance are the maximum fine limits. The Enforcement/Disciplinary Committee continue to have the power in terms of the Act to scale the monetary fine in line with the nature and gravity of the improper conduct in respect of which a Respondent is found guilty, therefore not every charge of improper conduct will attract the set maximum fine level.
1.7This guideline applies to monetary fines for improper conduct. It provides the framework and considerations to be taken into account by the Enforcement/Disciplinary Committee in determining an appropriate monetary fine for charge/s of improper conduct in respect of which a Respondent has been found guilty. The considerations listed are not exhaustive and not all considerations will be applicable to each matter. The Enforcement/Disciplinary Committee reserves the sole discretion to decide the relative weight to ascribe to the considerations on a matter-by-matter basis.
1.8This guideline will ensure transparency, consistency, and proportionality in determining monetary fines.
1.9This guideline addresses monetary fines for improper conduct in the following three periods:
2.Transgressions Occurring Prior to 15 June 2023
2.1 The Act prior to its amendment in April 2021, stated in section 51(3)(a)(ii) that if the registered auditor is found guilty of improper conduct or the registered auditor admits to the charge, the IRBA may impose on the registered auditor a fine not exceeding the amount calculated according to the ratio for five year’s imprisonment prescribed in terms of the Adjustment of Fines Act, 1991. The amount of the maximum fine per charge was therefore R200 000 as from 1 February 2013 for both admission of guilt matters and disciplinary matters. In addition, there was no distinction between an individual or an audit firm in regard to this maximum fine per charge.
2.2 As confirmed by the National Treasury explanatory note on applicable monetary sanctions issued on 6 June 2024 (refer to Annexure A points 2.1 to 2.3), the R200 000 maximum fine per charge remains in place for transgressions occurring prior to 15 June 2023.
2.3 In matters where transgressions span across the period including 15 June 2023, the monetary fine that will apply to the improper conduct will be the amount applicable on the date on which the transgression was first perpetrated.
2.4 The Enforcement/Disciplinary Committee will continue to determine and impose appropriate monetary fines for improper conduct on a matter-by-matter basis including by taking into account the nature, gravity, and other relevant factors of the transgressions, and alignment, as far as is possible, to similar instances of improper conduct in other matters.
2.5 Respondents who are found guilty of improper conduct may submit explanations/evidence in mitigation of the fine to the Enforcement/Disciplinary Committee.
Transgressions Occurring on or after 15 June 2023 up until 5 June 2024
3.1 The Act was amended on 26 April 2021 and the link of monetary sanctions to the Adjustment of Fines Act was removed. The Act now states in section 51(1)(b) on admission of guilt sanctions, as well as in section 51B(3)(a)(ii) on disciplinary hearing sanctions, that a fine may be imposed by the IRBA on the registered auditor not exceeding the amount determined by the Minister in the Gazette
3.2 On 15 June 2023, Government Notice No. 3549 (refer to Annexure C) was published by the Minister of Finance. The maximum monetary fines were determined as follows:
(a) admission of guilt matters: (i) individual registered auditors – a maximum of R5 million per charge (ii) firm of registered auditors – a maximum of R15 million per charge
(b) disciplinary hearing matters: (i) individual registered auditors – a maximum of R10 million (ii) firm of registered auditors – a maximum of R25 million
3.3 The following practice will be adopted by the Enforcement/Disciplinary Committee when determining and imposing appropriate monetary fines for transgressions occurring on or after 15 June 2023 up until 5 June 2024:
The maximum cumulative fine for all charges in the matter will be capped as follows:
In addition, the fine per charge, which will be subject to the above cumulative cap, will be:
3.4 The factors considered by the Enforcement/Disciplinary Committee in determining whether a matter is high priority or priority are set out in Annexure D.
3.5 Where transgressions span across the period including 6 June 2024, the monetary fine that will apply to the improper conduct will be the amount applicable on the date on which the transgression was first perpetrated.
3.6 Respondents found guilty of improper conduct may submit explanations/evidence in mitigation of the fine to the Enforcement/Disciplinary Committee taking into account inter alia, the considerations set out in Annexure B attached hereto.
4. Transgressions Occurring on or after 6 June 2024
4.1 The practice of determining the maximum fine for all charges in the matter as set out above for the period on or after 15 June 2023 up until 5 June 2024 will no longer be in force for transgressions occurring on or after 6 June 2024.
4.2 On 6 June 2024, Government Notice No. 4933 (refer to Annexure E) was published by the Minister of Finance. The maximum monetary fines were determined as follows: (a) admission of guilt matters: (i) individual registered auditors – a maximum of R5 million per charge (ii) firm of registered auditors – a maximum of R15 million per charge
(b) disciplinary hearing matters: (i) individual registered auditors – a maximum of R10 million per charge (ii) firm of registered auditors – a maximum of R25 million per charge
4.3 The Enforcement/Disciplinary Committee will consider the fine matrix range as set out in Annexure F attached hereto as a guide when determining monetary fines for transgressions occurring on or after 6 June 2024.
4.4 The factors considered by the Enforcement/Disciplinary Committee in determining whether a matter is high priority or priority are set out in Annexure D.
4.5 The factors considered by the Enforcement/Disciplinary Committee in determining the severity of transgressions are set out in Annexure G.
4.6 Respondents found guilty of improper conduct may submit explanations/evidence in mitigation of the fine to the Enforcement/Disciplinary Committee taking into account inter alia, the considerations set out in Annexure B attached hereto.
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LINK TO FULL NOTICE
Audit Profession Act: Guideline for IRBA’s Enforcement/Disciplinary Committee in determining monetary fines for Registered Auditors/Registered Candidate Auditors found guilty of improper conduct: Comments invitedG 52033 BN 715 – Comment by 04 Mar 2025 31 January 2025
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ACTION
Ensure that you submit your comments before 04 March 2025
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LAW AND TYPE OF NOTICE
Audit Profession Act:
Revised Fees Proposals for 2025/2026: Assurance Fees: Comments invited
G 52033 BN 717
– Comment by 04 Mar 2025
31 January 2025
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APPLIES TO:
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SUMMED UP
Proposed Assurance Fees Payable To The IRBA With Effect From 1 April 2025 To 31 March 2026
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FULL TEXT |
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DETAILS
BOARD NOTICE 717 OF 2025
NOTICE OF AN INVITATION TO COMMENT ON REVISED FEES PROPOSALS FOR 2025/2026 – ASSURANCE FEES
The IRBA publishes the following documentation for public consultation: schedule of proposed assurance fees for firms registered with the IRBA (Annexure A).
Please note that the proposed Annexure B (schedule of assurance fees) published for public comment in Board Notice 684 of 1 November 2024 is withdrawn.
Annexure A proposes to prescribe in terms of section 8(1) of the Auditing Profession Act a fee based on a percentage of the high-risk (Category A) and low-risk (Category C) audit and other assurance work invoiced and declared every calendar year by the firm for each registered auditor at the percentages set out in the Schedule. The purpose of the proposed administrative action is to fund the IRBA’s operations for the 2025/2026 financial year
Registered auditors and members of the public are invited to submit comments in connection with the above proposed decisions to the IRBA no later than 30 days after publication of the notice.
Submission Requirements
1. Comments on the proposed decisions must be submitted electronically to board@irba.co.za for the attention of Mr Marius Fourie on or before 17h00 on 4 March 2025. Comments received after the closing date will not be considered. 2. Any enquiries regarding this communication can be directed to the aforementioned email address. |
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LINK TO FULL NOTICE
Audit Profession Act: Revised Fees Proposals for 2025/2026: Assurance Fees: Comments invitedG 52033 BN 717 – Comment by 04 Mar 2025 31 January 2025
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ACTION
Ensure that you submit your comments before 04 March 2025
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LAW AND TYPE OF NOTICE
Banks Act:
Regulations: Amendments
G 52013 GoN 5802
31 January 2025
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1. Banking Institutions: · Banks, controlling companies, and branches of banks are directly impacted as they need to comply with the updated regulations regarding the submission of financial, risk-based, and other related returns to the Authority.
2. Financial Services: · Entities involved in financial services, including those providing risk management and compliance services, will need to adapt to the new requirements for reporting and documentation.
3. Regulatory Bodies: · The South African Reserve Bank and other regulatory authorities will be involved in overseeing the compliance of these institutions with the new regulations.
4. Economic Statistics: · The Economic Statistics Department of the South African Reserve Bank will receive updated returns from banks, which may affect how economic data is collected and analyzed.
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1. Amendments to Regulations: · Various forms (e.g., BA 100, BA 110, BA 120, etc.) have been deleted from the regulations. · Specific regulations have been amended to reflect the deletion of these forms and to update the requirements for banks to submit financial, risk-based, and other related returns to the Authority.
2. Key Changes: · Regulation 7: Updated to specify the submission of financial and risk-based returns as directed by the Authority. · Regulation 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38: Amended to remove references to specific forms and update submission requirements. · Regulation 61: Updated to include returns to be submitted to the Authority and the Economic Statistics Department of the South African Reserve Bank. · Regulation 62, 63, 64, 65: Updated to reflect new directives and interpretations for completing returns.
3. Effective Date: · These amendments come into operation on February 1, 2025.
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FULL TEXT
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DETAILS
NATIONAL TREASURY
No. 5802 31 January 2025
AMENDMENTS TO REGULATIONS IN TERMS OF BANKS ACT, 1990
The Minister of Finance has, in terms of section 90 of the Banks Act, 1990 (Act No. 94 of 1990), amended the Regulations relating to Banks which were published in Government Notice No. R. 1029 of 12 December 2012, as amended by Government Notice No. R. 261 of 27 March 2015, Government Notice No. R. 309 of 10 April 2015, Government Notice No. R. 297 of 20 May 2016, Notice No. 724 of 18 December 2020, Notice No. 1427 of 31 December 2020, Notice No. R. 943 of 31 March 2022, Notice No. 2561 of 30 September 2022, and Notice No. 2900 of 23 December 2022, as set out in the Schedule.
SCHEDULE
Definitions
1. In this Schedule, “the Regulations” means the Regulations published under Government Notice No. R. 1029, in Government Gazette No. 35950 on 12 December 2012, as amended by—
(a) Government Notice No. R. 261, in Government Gazette No. 38616 of 27 March 2015; (b) Government Notice No. R. 309, in Government Gazette No. 38682 of 10 April 2015; (c) Government Notice No. R. 297, in Government Gazette No. 40002 of 20 May 2016; (d) Notice No. 724, in Government Gazette No. 44003 of 18 December 2020; (e) Notice No. 1427, in Government Gazette No. 44048 of 31 December 2020; (f) Government Notice No. 943, in Government Gazette No. 46159 of 31 March 2022; (g) Notice No. 2561, in Government Gazette No. 46996 of 30 September 2022; and (h) Notice No. 2900, in Government Gazette No. 47789 of 23 December 2022.
Amendment of regulation 7 of the Regulations
2. Regulation 7 of the Regulations is hereby substituted for the following regulation:
“7. Forms prescribed: financial, risk-based and other related returns to be submitted to the Authority with indication of institution by which, intervals at which and period within which returns shall be submitted
A bank, controlling company, branch, branch of a bank or any other relevant person, entity or institution regulated or supervised by the Authority shall submit to the Authority such financial, risk-based, and other related returns as may be determined or directed in writing by the Authority, in accordance with such requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 100
3. Form BA 100 immediately preceding regulation 18 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 18 of the Regulations
4. Regulation 18 of the Regulations is hereby amended by the substitution for subregulation (3) of the following subregulation:
“(3) A bank shall complete the form BA 100 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 110
5. Form BA 110 immediately preceding regulation 19 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 19 of the Regulations
6. Regulation 19 of the Regulations is hereby amended by the substitution for subregulation (6) of the following subregulation:
“(6) A bank shall complete the form BA 110 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 120
7. Form BA 120 immediately preceding regulation 20 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 20 of the Regulations
8. Regulation 20 of the Regulations is hereby amended by the substitution for subregulation (4) of the following subregulation:
“(4) A bank shall complete the form BA 120 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 125
9. Form BA 125 immediately preceding regulation 21 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 21 of the Regulations
10. Regulation 21 of the Regulations is hereby amended by the substitution for subregulation (8) of the following subregulation:
“(8) A bank shall complete the form BA 125 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 130
11. Form BA 130 immediately preceding regulation 22 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 22 of the Regulations
12. Regulation 22 of the Regulations is hereby amended by the addition of the following subregulation:
“(5) A bank shall complete the form BA 130 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 200
13. Form BA 200 immediately preceding regulation 23 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 23 of the Regulations
14. Regulation 23 of the Regulations is hereby amended by the substitution for subregulation (23) of the following subregulation:
“(23) A bank shall complete the form BA 200 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 210
15. Form BA 210 immediately preceding regulation 24 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 24 of the Regulations
16. Regulation 24 of the Regulations is hereby amended by the substitution for subregulation (10) of the following subregulation:
“(10) A bank shall complete the form BA 210 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 220
17. Form BA 220 immediately preceding regulation 25 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 25 of the Regulations
18. Regulation 25 of the Regulations is hereby amended by the substitution for subregulation (4) of the following subregulation:
“(4) A bank shall complete the form BA 220 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 300
19. Form BA 300 immediately preceding regulation 26 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 26 of the Regulations
20. Regulation 26 of the Regulations is hereby amended by the substitution for subregulation (17) of the following subregulation:
“(17) A bank shall complete the form BA 300 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 310
21. Form BA 310 immediately preceding regulation 27 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 27 of the Regulations
22. Regulation 27 of the Regulations is hereby amended by the substitution for subregulation (9) of the following subregulation:
“(9) A bank shall complete the form BA 310 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 320
23. Form BA 320 immediately preceding regulation 28 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 28 of the Regulations
24. Regulation 28 of the Regulations is hereby amended by the addition of the following subregulation:
“(9) A bank shall complete the form BA 320 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 325
25. Form BA 325 immediately preceding regulation 29 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 29 of the Regulations
26. Regulation 29 of the Regulations is hereby amended by the substitution for subregulation (4) of the following subregulation:
“(4) A bank shall complete the form BA 325 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 330
27. Form BA 330 immediately preceding regulation 30 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 30 of the Regulations
28. Regulation 30 of the Regulations is hereby amended by the substitution for subregulation (10) of the following subregulation:
“(10) A bank shall complete the form BA 330 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 340
29. Form BA 340 immediately preceding regulation 31 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 31 of the Regulations
30. Regulation 31 of the Regulations is hereby amended by the substitution for subregulation (8) of the following subregulation:
“(8) A bank shall complete the form BA 340 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 350
31. Form BA 350 immediately preceding regulation 32 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 32 of the Regulations
32. Regulation 32 of the Regulations is hereby amended by the substitution for subregulation (7) of the following subregulation:
“(7) A bank shall complete the form BA 350 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 400
33. Form BA 400 immediately preceding regulation 33 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 33 of the Regulations
34. Regulation 33 of the Regulations is hereby amended by the substitution for subregulation (10) of the following subregulation:
“(10) A bank shall complete the form BA 400 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 410
35. Form BA 410 immediately preceding regulation 34 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 34 of the Regulations
36. Regulation 34 of the Regulations is hereby amended by the substitution for subregulation (3) of the following subregulation:
“(3) A bank shall complete the form BA 410 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 500
37. Form BA 500 immediately preceding regulation 35 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 35 of the Regulations
38. Regulation 35 of the Regulations is hereby amended by the substitution for subregulation (7) of the following subregulation:
“(7) A bank shall complete the form BA 500 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 600
39. Form BA 600 immediately preceding regulation 36 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 36 of the Regulations
40. Regulation 36 of the Regulations is hereby amended by the substitution for subregulation (19), of the following subregulation:
“(19) A bank shall complete the form BA 600 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 610
41. Form BA 610 immediately preceding regulation 37 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 37 of the Regulations
42. Regulation 37 of the Regulations is hereby amended by the addition of the following subregulation:
“(5) A bank shall complete the form BA 610 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 700
43. Form BA 700 immediately preceding regulation 38 of the Regulations is hereby deleted from the Regulations.
Amendment of regulation 38 of the Regulations
44. Regulation 38 of the Regulations is hereby amended by the substitution for subregulation (17) of the following subregulation:
“(17) A bank shall complete the form BA 700 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Amendment of regulation 61 of the Regulations
45. Regulation 61 of the Regulations is hereby substituted for the following regulation:
“61. Forms prescribed: returns to be submitted to the Authority and the Economic Statistics Department of the South African Reserve Bank with indication of institution by which, intervals at which and period within which returns shall be submitted
A bank, controlling company, branch, branch of a bank or any other relevant person, entity or institution regulated or supervised by the Authority shall submit to the Authority and the Economic Statistics Department of the South African Reserve Bank such returns as may be determined or directed in writing by the Authority, in accordance with such requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 900
46. Form BA 900 immediately preceding regulation 62 of the Regulations is hereby deleted from the Regulations.
Substitution of regulation 62 of the Regulations
47. Regulation 62 of the Regulations is hereby substituted for the following regulation:
“62. Institutional and maturity breakdown of liabilities and assets – Directives and interpretations for completion of return concerning institutional and maturity breakdown of liabilities and assets (Form BA 900) A bank shall complete the form BA 900 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 920
48. Form BA 920 immediately preceding regulation 63 of the Regulations is hereby deleted from the Regulations.
Substitution of regulation 63 of the Regulations
49. Regulation 63 of the Regulations is hereby substituted for the following regulation:
“63. Analysis of instalment sale transactions, leasing transactions and selected assets – Directives and interpretations for completion of return concerning analysis of instalment sale transactions, leasing transactions and selected assets (Form BA 920)
A bank shall complete the form BA 920 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 930
50. Form BA 930 immediately preceding regulation 64 of the Regulations is hereby deleted from the Regulations.
Substitution of regulation 64 of the Regulations
51. Regulation 64 of the Regulations is hereby substituted for the following regulation:
“64. Interest rates on deposits, loans, and advances – Directives and interpretations for completion of return concerning interest rates on deposits, loans and advances (Form BA 930)
A bank shall complete the form BA 930 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
Deletion of form BA 940
52. Form BA 940 immediately preceding regulation 65 of the Regulations is hereby deleted from the Regulations.
Substitution of regulation 65 of the Regulations
53. Regulation 65 of the Regulations is hereby substituted for the following regulation:
“65. Selected locational statistics by residence and nationality – Directives and interpretations for completion of return concerning locational statistics based on residence and nationality (Form BA 940)
A bank shall complete the form BA 940 in accordance with such instructions or requirements as may be determined or directed in writing by the Authority.”.
54. Date of commencement
These Regulations shall come into operation on 1 February 2025.
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LINK TO FULL NOTICE
Banks Act: Regulations: AmendmentsG 52013 GoN 5802 31 January 2025
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ACTION
1. Review and Understand the Amendments: · Carefully review the changes to the regulations, including the deletion of specific forms and the updated requirements for submitting financial, risk-based, and other related returns.
2. Update Internal Policies and Procedures: · Revise internal policies and procedures to align with the new regulatory requirements. This includes updating documentation and compliance protocols.
3. Training and Awareness: · Conduct training sessions for relevant staff to ensure they are aware of the new regulations and understand how to comply with them.
4. Update Reporting Systems: · Modify or upgrade reporting systems to ensure that the required returns can be submitted in accordance with the new instructions or requirements set by the Authority.
5. Liaise with Regulatory Authorities: · Maintain open communication with the South African Reserve Bank and other relevant regulatory bodies to ensure that all submissions are accurate and timely.
6. Compliance Audits: · Conduct regular compliance audits to ensure that all regulatory requirements are being met and to identify any areas that may need improvement.
7. Documentation and Record-Keeping: · Ensure that all documentation and records related to the submission of returns are properly maintained and easily accessible for review by regulatory authorities.
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HEALTH AND SAFETY
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LAW AND TYPE OF NOTICE
National Qualifications Framework Act:
Occupational Qualifications for Registration on the Occupational Qualifications sub-framework for trades and occupations: Comments invited
G 52034 GoN 5825
– Comment by 24 Feb 2025
03 February 2025
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APPLIES TO:
· Mining Industry · Military and Defense
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FULL TEXT |
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DETAILS
Details on the abovementioned qualifications and part qualifications is obtainable from the QCTO website as follows: Access the QCTO website www.qcto.org.za, click on Occupational Qualifications, click on Qualifications for Public Comments, all information on qualifications for public comments is available.
Three documents per qualification/part qualification are available: a) Qualification Document, b) Curriculum Document; and c) Qualification Assessment Specifications Document
Please take note that the Qualification Document must be read in the context of the supporting documents provided i.e. the Curriculum Document as well as the Qualification Assessment
Specifications Document.
All interested persons/stakeholders/organisations are invited to comment on the qualifications/part qualifications. All written comments are to be sent to the QCTO within the prescribed 21 days period from the date of publication of the government gazette notice.
Public comments are to be sent in writing. Such comments should specify which of the three documents the comments relate to, including specific details on section or clause for which the comments relate to.
Public comments should include the name of the person/stakeholder/ organisation submitting comments as well as contact details such as postal address, telephone number and email address.
Comments must be emailed to publiccomments@qcto.org.za
Kind Regards, ____________ Mr. V Naidoo Chief Executive Officer (CEO): Quality Council for Trades and Occupations (QCTO) Date: 27/01/2025
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LINK TO FULL NOTICE
National Qualifications Framework Act: Occupational Qualifications for Registration on the Occupational Qualifications sub-framework for trades and occupations: Comments invitedG 52034 GoN 5825 – Comment by 24 Feb 2025 03 February 2025
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ACTION
Ensure that you submit your comments before 24 February 2025.
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INTERNATIONAL TRADE
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LAW AND TYPE OF NOTICE
International Trade Administration Act:
Sunset review of anti-dumping duties on clear float glass of 2.5mm or more but not exceeding 6mm originating in or imported from Saudi Arabia and United Arab Emirates
G 52029 GeN 2984
31 January 2025
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APPLIES TO:
1. Construction: · Clear float glass is widely used in windows, doors, and facades of buildings. · It is also used in interior applications such as partitions and balustrades.
2. Automotive: · Although not the primary focus, clear float glass can be used in certain automotive applications, particularly in windows and windshields.
3. Furniture and Interior Design: · Clear float glass is used in furniture items like tabletops, shelves, and display cases. · It is also popular in interior design for mirrors and decorative glass elements.
4. Solar Energy: · Clear float glass is used in the production of solar panels and other solar energy applications.
5. Retail and Commercial Spaces: · Used in storefronts, display windows, and other commercial applications where clear visibility and aesthetic appeal are important.
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SUMMED UP
1. Background: · The anti-dumping duties were initially imposed to protect the domestic industry from unfair pricing practices by foreign exporters. · These duties are set to expire on February 6, 2025, unless a review determines that their expiry would likely lead to the recurrence of dumping and injury to the domestic industry.
2. Applicant: · The application for the review was lodged by PFG Building Glass Pty Ltd, the only producer of the subject product in the Southern African Customs Union (SACU).
3. Product: · The review concerns clear float glass of thicknesses 2.5 mm to 6 mm, classified under specific tariff subheadings.
4. Dumping Allegations: · The applicant provided evidence suggesting that the expiry of the duties would lead to the recurrence of dumping. · For Saudi Arabia, historical domestic selling prices were adjusted for inflation to calculate normal values, while export prices were derived from data on exports to the USA. · For the UAE, similar methods were used to determine normal and export prices.
5. Dumping Margins: · The document lists specific dumping margins for different thicknesses of glass from both Saudi Arabia and the UAE, with margins ranging from approximately 21.56% to 39.38%.
6. Material Injury: · The applicant also provided evidence of the likelihood of recurrence of material injury to the SACU industry if the duties expire.
7. Investigation: · The investigation period for dumping is from July 1, 2023, to June 30, 2024, while the period for material injury is from July 1, 2021, to June 30, 2024, with estimates for July 1, 2024, to June 30, 2025. · The Commission will conduct the investigation in accordance with relevant laws and regulations, and interested parties are invited to participate.
8. Confidential Information: · Guidelines are provided for submitting confidential information, including the need for non-confidential versions for public files.
9. Procedures and Time Limits: · Responses and representations must be submitted within specified time limits, and the Commission may verify the information provided.
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DETAILS
DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION
NOTICE 2984 OF 2025
INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA
A SUNSET REVIEW OF THE ANTI-DUMPING DUTIES ON CLEAR FLOAT GLASS OF A THICKNESS OF 2.5 MM OR MORE, BUT NOT EXCEEDING 6 MM, DIVIDED INTO 3 MM, 4 MM, 5 MM AND 6 MM THICKNESSES ORIGINATING IN OR IMPORTED FROM THE KINGDOM OF SAUDI ARABIA (“SAUDI ARABIA”) AND THE UNITED ARAB EMIRATES (“THE EMIRATES” OR “UAE”)
In accordance with the provisions of Regulation 53 of the Anti-Dumping Regulations and Article 11.3 of the World Trade Organisation Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition, unless the authorities determine, in a review initiated before that date, on their own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to that date, that the expiry of the duties would likely lead to the continuation or recurrence of dumping and injury.
On 07 June 2024, the International Trade Administration Commission of South Africa (“the Commission”) notified interested parties through Notice No. 2550 of 2024 in Government Gazette No. 50772, that unless a substantiated request is made indicating that the expiry of the anti-dumping duties against imports of clear float glass originating in or imported from Saudi Arabia and the United Arab Emirates (“the Emirates”/“UAE”) would likely lead to the continuation or recurrence of dumping and injury, the anti-dumping duties on clear float glass originating
THE APPLICANT
The application was lodged by PFG Building Glass Pty Ltd, a division of PG Group (Pty) Ltd (“the Applicant”), being the only producer of the subject product in the Southern African Customs Union (“SACU”) thus the application can be regarded as “made by or on behalf” of the SACU Industry.
The Applicant alleges that the expiry of the anti-dumping duties would likely lead to the recurrence of dumping and the recurrence of material injury. The Applicant submitted sufficient evidence and established a prima facie case to enable the Commission to arrive at a reasonable conclusion that a sunset review investigation of the anti-dumping duties on clear float glass originating in or imported from originating in or imported from Saudi Arabia and the Emirates, should be initiated.
THE PRODUCT
The anti-dumping duties subject to this sunset review is applicable to on clear float glass originating in or imported from originating in or imported from Saudi Arabia and the Emirates, classifiable under tariff subheading 7005.29.17, 7005.29.23, 7005.29.25, 7005.29.35.
THE ALLEGATION OF THE LIKELIHOOD OF RECURRENCE OF DUMPING
The allegation of the likelihood of the recurrence of dumping is based on the comparison between the normal values and the export prices should the anti-dumping duties expire.
SAUDI ARABIA
Normal value
In calculating the normal value for Saudi Arabia, the Applicant submitted the domestic selling price that was recorded in the Commission’s preliminary determination Report No. 599, of the original investigation. The historical ex-factory selling prices ending February 2018 for 3mm, 4mm, 5mm, and 6mm were then adjusted to account for inflation. Economic and market factors were also considered to calculate normal values for the subject product.
Export price
In calculating the export price, the Commission normally uses official South African Revenue Service (“SARS”) statistics. However, due to the existing anti-dumping duties imposed on the subject products from Saudi Arabia, the SARS import statistics indicated that there were no imports of the subject products in the 3 mm, 4 mm, 5 mm and 6 mm categories for the years 2022, 2023, and 2024 investigation period. However, there was only one consignment of 6mm in February 2022.
To determine the export price, information on a subscription data service submitted by the Applicant was utilized to gather pricing information on Free on Board (“FOB”) export prices for the subject product from Saudi Arabia to a third country for the year 2024 period.
In obtaining the export data to a third country, it was ensured that the country selected has also a subject product industry that is similar to that of South Africa. Import data from the Saudi Arabia to the States of America (“USA”) was therefore used to calculate an export price.
Adjustment
An adjustment for inland domestic freight cost of 5 percent was made to arrive at the exfactory export price.
Dumping margins
The dumping margins for Saudi Arabia were determined as follows:
The Emirates
Normal value
In calculating the normal value for the Emirates, the Applicant submitted the domestic selling price that was recorded in the Commission’s preliminary determination Report No. 599, of the original investigation. The historical ex-factory selling prices ending February 2018 for 3mm, 4mm, 5mm, and 6mm were then adjusted to account for inflation. Economic and market factors were also considered to calculate normal values for the subject product.
Export price
In calculating the export price, the Commission normally uses official South African Revenue Service (“SARS”) statistics. However, due to the existing anti-dumping duties imposed on the subject products from the Emirates, the SARS import statistics indicated that there were no imports of the subject products in the 3 mm, 4 mm, 5 mm and 6 mm categories for the years 2022, 2023, and 2024 investigation period.
To determine the export price, information on a subscription data service submitted by the Applicant was utilized to gather pricing information on Free on Board (“FOB”) export prices for the subject product from the Emirates to a third country for the year 2024 period.
In obtaining the export data to a third country, it was ensured that the country selected has also a subject product industry that is similar to that of South Africa. Import data from the Emirates to the States of America (“USA”) was there used to calculate an export price.
Adjustment
An adjustment for inland domestic freight cost of 5 percent was made to arrive at the ex-factory export price.
Dumping margins
The dumping margins for the Emirates were determined as follows:
On this basis, the Commission found that there was prima facie proof of the likelihood of recurrence of dumping.
THE ALLEGATION OF THE LIKELIHOOD OF RECURRENCE OF MATERIAL INJURY
The Applicant alleged and submitted sufficient evidence to show that the expiry of the anti-dumping duties on the subject products originating in or imported from Saudi Arabia and the Emirates would likely lead to the recurrence of material injury to the SACU industry.
On this basis, the Commission found that there was prima facie proof of the likelihood of the recurrence of material injury if the duties expire.
PERIOD OF INVESTIGATION
The investigation period for determination of the likelihood of the recurrence of dumping will be the period 01 July 2023 – 30 June 2024 in a forward-looking analysis, as the application is brought on the recurrence of dumping. The investigation period for determination of the likelihood of the recurrence of material injury is from 01 July 2021 to 30 June 2024, and estimates for 01 July 2024 to 30 June 2025 in the event the antidumping duties expire.
PROCEDURAL FRAMEWORK
Having decided that there is sufficient evidence and a prima facie case to justify the initiation of an investigation, the Commission has begun an investigation in terms of section 16 of the International Trade Administration Act, 2002 (“the ITA Act”).
The Commission will conduct its investigation in accordance with the relevant sections of the ITA Act, the World Trade Organisation Agreement on Implementation of Article VI of the GATT 1994 (“the Anti-Dumping Agreement”) and the Anti-Dumping Regulations of the International Trade Administration Commission of South Africa (“ADR”). Both the ITA Act and the ADR are available on the Commission’s website (www.itac.org.za) or from the Trade Remedies section, on request.
To obtain the information, it deems necessary for its investigation, the Commission will send non-confidential versions of the application and questionnaires to all known importers and exporters and known representative associations. The trade representatives of the countries of origin have also been notified. Importers and other interested parties are invited to contact the Commission as soon as possible in order to determine whether they have been listed and were furnished with the relevant documentation. If not, they should immediately ensure that they are sent copies. The questionnaire has to be completed and any other representations must be made within the time limit set out below.
CONFIDENTIAL INFORMATION
Please note that if any information is considered to be confidential then a nonconfidential version of the information must be submitted for the public file, simultaneously with the confidential version. In submitting a non-confidential version, the following rules are strictly applicable and parties must indicate: · where confidential information has been omitted and the nature of such information; · reasons for such confidentiality; · a summary of the confidential information which permits a reasonable understanding of the substance of the confidential information; and · in exceptional cases, where information is not susceptible to summary, reasons must be submitted to this effect.
This rule applies to all parties and to all correspondence with and submissions to the Commission, which unless indicated to be confidential and filed together with a nonconfidential version, will be placed on the public file and be made available to other interested parties.
If a party considers that any document of another party, on which that party is submitting representations, does not comply with the above rules and that such deficiency affects that party’s ability to make meaningful representations, the details of the deficiency and the reasons why that party’s rights are so affected must be submitted to the Commission in writing forthwith (and at the latest 14 days prior to the date on which that party’s submission is due). Failure to do so timeously will seriously hamper the proper administration of the investigation, and such party will not be able to subsequently claim an inability to make meaningful representations on the basis of the failure of such other party to meet the requirements.
Subsection 33(1) of the ITA Act provides that any person claiming confidentiality of information should identify whether such information is confidential by nature or is otherwise confidential and, any such claims must be supported by a written statement, in each case, setting out how the information satisfies the requirements of the claim to confidentiality. In the alternative, a sworn statement should be made setting out reasons why it is impossible to comply with these requirements.
Section 2.3 of the ADR provides as follows:
“The following list indicates “information that is by nature confidential” as per section 33(1)(a) of the Main Act, read with section 36 of the Promotion of Access to Information Act (Act 2 of 2000): (a) management accounts; (b) financial accounts of a private company; (c) actual and individual sales prices; (d) actual costs, including cost of production and importation cost; (e) actual sales volumes; (f) individual sales prices; (g) information, the release of which could have serious consequences for the person that provided such information; and (h) information that would be of significant competitive advantage to a competitor;
Provided that a party submitting such information indicates it to be confidential
ADDRESS
The response to the questionnaire and any information regarding this matter and any arguments concerning the allegation of dumping and the resulting material injury must be submitted in writing to the following address or on the emails below:
Physical address
The Senior Manager: Trade Remedies I International Trade Administration Commission Block E – The DTI Campus 77 Meintjies Street SUNNYSIDE PRETORIA SOUTH AFRICA
Postal address
The Senior Manager: Trade Remedies I Private Bag X753 PRETORIA 0001 SOUTH AFRICA
PROCEDURES AND TIME LIMITS
The Senior Manager: Trade Remedies I, should receive all responses, including nonconfidential copies of the responses, not later than 30 days from the date hereof, or from the date on which the letter accompanying the abovementioned questionnaire was received. The said letter shall be deemed to have been received seven days after the day of its dispatch.
Late submissions will not be accepted except with the prior written consent of the Commission. The Commission will give due consideration to written requests for an extension of not more than 14 days on good cause shown (properly motivated and substantiated), if received prior to the expiry of the original 30-day period. Merely citing insufficient time is not an acceptable reason for an extension. Please note that the Commission will not consider requests for extension by the Embassy on behalf of foreign producers.
The information submitted by any party may need to be verified by the Investigating Officers in order for the Commission to take such information into consideration. The Commission may verify the information at the premises of the party submitting the information, within a short period after the submission of the information to the Commission. Parties should therefore ensure that the information submitted would subsequently be available for verification. Specifically, it is planned to verify the information submitted by the foreign producers within three to five weeks subsequent to the submission of the information. This period will only be extended if it is not feasible for the Commission to do it within this time period or upon good cause shown, and with the prior written consent of the Commission, which should be requested at the time of the submission. It should be noted that unavailability of, or inconvenience to appointed representatives, will not be considered to be good cause.
Parties should also ensure when they engage representatives that they will be available at the requisite times, to ensure compliance with the above time frames. Parties should also ensure that all the information requested in the applicable questionnaire is provided in the specified detail and format. The questionnaires are designed to ensure that the Commission is provided with all the information required to make a determination in accordance with the ITA Act and the ADR. The Commission may therefore refuse to verify information that is incomplete or does not comply with the format in the questionnaire, unless the Commission has agreed in writing to a deviation from the required format. A failure to submit a non-confidential version of the response that complies with the rules set out above under the heading Confidential Information will be regarded as an incomplete submission.
Parties, who experience difficulty in furnishing the information required, or submitting information in the format required, are urged to make written applications to the Commission at an early stage for permission to deviate from the questionnaire or provide the information in an alternative format that can satisfy the Commission’s requirements.
The Commission will give due consideration to such a request on good cause shown.
Any interested party may request an oral hearing at any stage of the investigation in accordance with Section 5 of the ADR, provided that the party indicates reasons for not relying on written submissions only. The Commission may refuse an oral hearing if granting such hearing will unduly delay the finalisation of a determination. Parties requesting an oral hearing must provide the Commission with a detailed agenda for, and a detailed version, including a non-confidential version, of the information to be discussed at the oral hearing at the time of the request.
If the required information is not received in a satisfactory form within the time limit specified above, or if verification of the information cannot take place, the Commission may disregard the information submitted and make a finding on the basis of the facts available to it.
Should you have any queries, please do not hesitate to contact Dr Regina Peta at email address Rpeta@itac.org.za and Ms. Charity Mudzwiri at cramaposa@itac.org.za .
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LINK TO FULL NOTICE
International Trade Administration Act: Sunset review of anti-dumping duties on clear float glass of 2.5mm or more but not exceeding 6mm originating in or imported from Saudi Arabia and United Arab EmiratesG 52029 GeN 2984 31 January 2025
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ACTION
1. Review the Notice: · Carefully read the notice from the International Trade Administration Commission of South Africa (ITAC) to understand the scope and implications of the review.
2. Submit Information: · If your organization is an importer, exporter, or producer of clear float glass, you need to submit relevant information to ITAC. This includes completing questionnaires and providing data on sales, pricing, and production.
3. Confidential Information: · If you are submitting confidential information, ensure that you also provide a non-confidential version for the public file. Clearly indicate the nature of the confidential information and the reasons for its confidentiality.
4. Engage with ITAC: · Contact ITAC to confirm that you are listed as an interested party and have received all necessary documentation. If not, request the relevant documents immediately.
5. Prepare for Verification: · Be prepared for ITAC to verify the information you submit. This may involve on-site visits by ITAC officials to your premises.
6. Meet Deadlines: · Ensure that all submissions are made within the specified time limits. Late submissions are generally not accepted unless prior written consent is obtained from ITAC.
7. Request Extensions if Necessary: · If you need more time to gather information, submit a written request for an extension, properly motivated and substantiated, before the original deadline expires.
8. Participate in Hearings: · If you wish to request an oral hearing, provide ITAC with a detailed agenda and a non-confidential version of the information to be discussed.
9. Monitor the Process: · Keep track of the review process and any updates from ITAC. This will help you stay informed about any changes or additional requirements.
10. Legal and Trade Advice: · Consider seeking legal or trade advice to ensure compliance with all requirements and to effectively represent your interests during the review.
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LABOUR
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LAW AND TYPE OF NOTICE
National Minumum Wage Act:
National Minimum Wage Amendment 2025
G 52053 RG 11792 GoN 5830
04 February 2025
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APPLIES TO:
· Farm Workers; · Domestic Workers; · Public Works; · Learnerships · Contract Cleaning Sector · Wholesale and Retail Sector
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SUMMED UP
Various changes to minimum wages, effective from 1 March 2025.
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FULL TEXT |
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DETAILS
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LINK TO FULL NOTICE
National Minumum Wage Act: National Minimum Wage Amendment 2025G 52053 RG 11792 GoN 5830 04 February 2025
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ACTION
Take note of the Wage increases.
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MEDICAL
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LAW AND TYPE OF NOTICE
Medical Schemes Act:
Adjustment to fees payable to brokers
G 52035 GoN 5826
03 February 2025
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APPLIES TO:
Medical Sector
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SUMMED UP
Adjustment to the fees payable to the Medical Schemes as of 1 January 2025.
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FULL TEXT |
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DETAILS
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LINK TO FULL NOTICE
Medical Schemes Act: Adjustment to fees payable to brokersG 52035 GoN 5826 03 February 2025
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ACTION
Take note of the adjustment in fees.
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MINING
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LAW AND TYPE OF NOTICE
Occupational Diseases in Mines and Works Act:
Declaration of Controlled Mines and Risk Work: Annexure A: Correction
G 52026 GoN 5821
31 January 2025
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APPLIES TO:
Mining Industry
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SUMMED UP
Declaration of certain mines to be controlled mines with effect from 1 February 2025.
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FULL TEXT |
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DETAILS
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LINK TO FULL NOTICE
Occupational Diseases in Mines and Works Act: Declaration of Controlled Mines and Risk Work: Annexure A: CorrectionG 52026 GoN 5821 31 January 2025
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ACTION
Take note of the mines which will be controlled mines from 1 February 2025.
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SECURITY
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LAW AND TYPE OF NOTICE
Private Security Industry Regulation Act:
Regulations: Asset-In-Transit: Comments invited
G 52013 GeN 2953
– Comment by 28 Feb 2025
31 January 2025
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APPLIES TO:
1. Private Security Companies: Regulations or updates that may impact their operations, licensing, or compliance requirements. 2. Law Enforcement Agencies: Any changes or new directives that could affect police operations, protocols, or administrative procedures. 3. Public Safety Organizations: Guidelines or notices that might influence their strategies or collaboration with law enforcement.
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1. Regulations and Compliance: · Updates on regulations that private security companies must adhere to. · New compliance requirements for law enforcement agencies.
2. Operational Guidelines: · Revised protocols for police operations. · Guidelines for public safety organizations on collaboration with law enforcement.
3. Administrative Procedures: · Changes in administrative procedures for the Department of Police. · Notices regarding the submission of documents and quality standards for publication.
4. Public Safety Initiatives: · Information on public safety campaigns and initiatives. · Contact details for the AIDS helpline and other public health resources.
5. Miscellaneous Notices: · Various other notices and information relevant to the Department of Police and related sectors.
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FULL TEXT |
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DETAILS
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LINK TO FULL NOTICE
Private Security Industry Regulation Act: Regulations: Asset-In-Transit: Comments invitedG 52013 GeN 2953 – Comment by 28 Feb 2025 31 January 2025
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ACTION
1. Regulatory Compliance: · Ensure that all operations align with the updated regulations set forth by the Department of Police. · Regularly review and update internal policies to reflect any changes in the law.
2. Licensing and Certification: · Obtain or renew necessary licenses and certifications as required by the new regulations. · Ensure that all personnel are properly trained and certified according to the updated standards.
3. Operational Adjustments: · Implement revised protocols for security and law enforcement operations. · Update standard operating procedures (SOPs) to incorporate new guidelines.
4. Administrative Procedures: · Follow the new administrative procedures for submitting documents and reports to the Department of Police. · Maintain accurate records and documentation to demonstrate compliance during audits or inspections.
5. Public Safety Initiatives: · Participate in public safety campaigns and initiatives as outlined in the notice. · Collaborate with other public safety organizations and law enforcement agencies to enhance community safety.
6. Quality Standards: · Ensure that all submitted documents and electronic files meet the quality standards specified by the Government Printing Works. · Address any issues related to the quality of hard copies or electronic submissions promptly.
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LAW AND TYPE OF NOTICE
Private Security Industry Regulation Act:
Regulations: Working animals
G 52013 GeN 2952
31 January 2025
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APPLIES TO:
1. Private Security Companies: Regulations or updates that may impact their operations, licensing, or compliance requirements. 2. Law Enforcement Agencies: Any changes or new directives that could affect police operations, protocols, or administrative procedures. 3. Public Safety Organizations: Guidelines or notices that might influence their strategies or collaboration with law enforcement.
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FULL TEXT |
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DETAILS
Please click on the link provided below to view the full Draft Regulation.
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LINK TO FULL NOTICE
Private Security Industry Regulation Act: Regulations: Working animalsG 52013 GeN 2952 31 January 2025
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STANDARDS
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LAW AND TYPE OF NOTICE
Standards Act: Standards matters: Comments invited
G 52012 GeN 2949
– Comment by 29 Mar 2025
29 January 2025
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SUMMED UP:
1. SANS 2879:20XX Ed 1 – Live and chilled raw bivalve molluscs. 2. SANS 11812:20XX Ed 2 – Small craft — Watertight or quick-draining recesses and cockpits. 3. SANS 60974-2:20XX Ed 3 – Arc welding equipment Part 2: Liquid cooling systems. 4. SANS 14001:20XX Ed 3 – Environmental management systems — Requirements with guidance for use. 5. SANS 19443:20XX Ed 1 – Quality management systems for the nuclear energy sector. 6. SATS 17012:20XX Ed 1 – Guidelines for the use of remote auditing methods in auditing management systems. 7. SANS 8309:20XX Ed 1 – Stability testing of cannabis-based products. 8. SANS 8398:20XX Ed 1 – Management responsibilities in managing a quality management system (QMS). 9. SANS 19662:20XX Ed 1 – Milk — Determination of fat content — Acido-butyrometric (Gerber method). 10. SANS 19160-2:20XX Ed 1 – Assigning and maintaining addresses for objects in the physical world. 11. SANS 38503:20XX Ed 1 – Governance of IT — Assessment of the governance of IT. 12. SANS 45001:20XX Ed 1 – Occupational health and safety management systems — Requirements with guidance for use. 13. SANS 50001:20XX Ed 2 – Energy management systems — Requirements with guidance for use. 14. SANS 56001:20XX Ed 1 – Innovation management system — Requirements. 15. SANS 56008:20XX Ed 1 – Tools and methods for innovation operation measurements — Guidance. 16. SANS 60076-19-1:20XX Ed 1 – Power transformers — Rules for the determination of uncertainties in the measurement of the losses of power transformers. 17. SANS 60269-1:20XX Ed 4 – Low-voltage fuses — General requirements. 18. SANS 60269-3:20XX Ed 4 – Low-voltage fuses — Supplementary requirements for fuses for operation by unskilled persons. 19. SANS 60269-4:20XX Ed 4 – Low-voltage fuses — Supplementary requirements for fuse-links for the protection of semiconductor devices. 20. SANS 62552-2:20XX Ed 1 – Household refrigerating appliances — Performance requirements. 21. SANS 62196-6:20XX Ed 1 – Plugs, socket-outlets, vehicle connectors and vehicle inlets — Conductive charging of electric vehicles. 22. SANS 62561-7:20XX Ed 3 – Lightning protection system components — Requirements for earthing enhancing compounds. 23. SATS 62271-314:20XX Ed 1 – High-voltage switchgear and controlgear — Direct current disconnectors and earthing switches. 24. SANS 60364-7-710:20XX Ed 1 – Low-voltage electrical installations — Requirements for special installations or locations — Medical locations. 25. SANS 20000-11:20XX Ed 1 – Information technology — Service management — Guidance on the relationship between ISO/IEC 20000-1 and service management frameworks: ITIL®. 26. SANS 20000-10:20XX Ed 1 – Information technology — Service management — Concepts and vocabulary. 27. SANS 61557-9:20XX Ed 2 – Electrical safety in low voltage distribution systems — Equipment for insulation fault location in IT systems. 28. SANS 60947-5-7:20XX Ed 2 – Low-voltage switchgear and controlgear — Proximity devices with analogue output. 29. SATS 62271-5:20XX Ed 1 – High-voltage switchgear and controlgear — Common specifications for direct current switchgear and controlgear. 30. SANS 63472:20XX Ed 1 – Plugs, socket-outlets, vehicle connectors and vehicle inlets — Conductive charging of electric vehicles — Dimensional compatibility description for configuration FF AC/DC contact-tube vehicle coupler. 31. SANS 1433-1:20XX Ed 2 – Electrical terminals and connectors — Terminal blocks having screw and screwless terminals. 32. SANS 16388:20XX Ed 2 – Information technology — Automatic identification and data capture techniques — Code 39 bar code symbology specification. 33. SANS 62752:20XX Ed 1 – In-cable control and protection device (IC-CPD) for mode 2 charging of electric road vehicles. 34. SANS 60947-5-1:20XX Ed 5 – Low-voltage switchgear and control gear — Control circuit devices and switching elements — Electromechanical control circuit devices. 35. SANS 61095:20XX Ed 1 – Electromechanical contactors for household and similar purposes. 36. SANS 60669-2-4:20XX Ed 2 – Switches for household and similar fixed electrical installations — Particular requirements — Isolating switches. 37. SANS 62561-5:20XX Ed 3 – Lightning protection system components — Requirements for earth electrode inspection housings and earth electrode seals. 38. SANS 63454:20XX Ed 1 – Conductive charging of electric vehicles — DC vehicle coupler configuration GG. 39. SANS 1433-2:20XX Ed 2 – Electrical terminals and connectors — Flat push-on connectors. 40. SANS 8250:20XX Ed 1 – Standard Practice for Applying a Hazard Analysis Critical Control Points (HACCP) System for Cannabis Consumable Products. 41. SANS 4628-3:20XX Ed 3 – Paints and varnishes — Evaluation of degradation of coatings — Assessment of degree of rusting. 42. SANS 7812-1:20XX Ed 4 – Identification cards — Identification of issuers — Numbering system. 43. SANS 61800-3:20XX Ed 3 – Adjustable speed electrical power drive systems — EMC requirements and specific test methods for PDS and machine tools. 44. SANS 61260-1:20XX Ed 1 – Electroacoustics — Octave-band and fractional-octave-band filters — Specifications. 45. SANS 61260-2:20XX Ed 1 – Electroacoustics — Octave-band and fractional-octave-band filters — Pattern-evaluation tests. 46. SANS 61960-4:20XX Ed 1 – Secondary cells and batteries containing alkaline or other non-acid electrolytes — Secondary lithium cells and batteries for portable applications. 47. SANS 61010-2020:20XX Ed 3 – Safety requirements for electrical equipment for measurement, control, and laboratory use — Particular requirements for laboratory centrifuges. 48. SANS 15288:20XX Ed 4 – Systems and software engineering — Systems life cycle processes. 49. SANS 23026:20XX Ed 2 – Systems and software engineering — Engineering and management of websites for systems, software and services information. 50. SANS 60695-11-10:20XX Ed 2 – Fire hazard testing — Test flames — 50 W horizontal and vertical flame test methods. 51. SANS 61010-031:20XX Ed 2 – Safety requirements for electrical equipment for measurement, control, and laboratory use — Safety requirements for hand-held and hand-manipulated probe assemblies for electrical test and measurement. 52. SANS 4628-1:20XX Ed 3 – Paints and varnishes — Evaluation of degradation of coatings — General introduction and designation system. 53. SANS 2071:20XX Ed 1 – Disinfectants and detergent-disinfectants for use in healthcare environments. 54. SANS 61800-7-204:20XX Ed 2 – Adjustable speed electrical power drive systems — Profile type 4 specification. 55. SANS 61800-7-202:20XX Ed 2 – Adjustable speed electrical power drive systems — Profile type 2 specification. 56. SANS 24773-4:20XX Ed 1 – Certification of software and systems engineering professionals — Software engineering. 57. SATR 41030:20XX Ed 1 – Facility management — Existing performance management in facility management organizations — State of the industry. 58. SANS 60332-3-23:20XX Ed 2 – Tests on electric and optical fibre cables under fire conditions — Category B. Amendments to Existing Standards 1. SANS 1439:20XX Ed 2.5 – Automotive upholstery fabrics. 2. **SANS 5965:20XX Ed |
| LINK TO FULL NOTICE
Standards Act: Standards matters: Comments invitedG 52012 GeN 2949 – Comment by 29 Mar 2025 29 January 2025
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LAW AND TYPE OF NOTICE
Standards Act: Standards matters: Comments invited
G 52062 GeN 2988
– Comment by 06 Mar 2025
05 February 2025
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APPLIES TO:
SANS 60317-12:20XX Ed 3
SANS 60255-26:20XX Ed 1
SANS 60255-27:20XX Ed 1
SANS 60255-1:20XX Ed 1
SANS 61084-22:20XX Ed 2
SANS 10085-1:2024
SANS 62561-3:2024
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LINK TO FULL NOTICE
Standards Act: Standards matters: Comments invitedG 52062 GeN 2988 – Comment by 06 Mar 2025 05 February 2025
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TRANSPORTATION
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LAW AND TYPE OF NOTICE
Economic Regulation of Transport Act:
Revised Network Capacity Statement and Addendum to 2024/25 Network Statement on Transformation Issues
G 52063 GoN 5846
05 February 2025
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APPLIES TO:
1. Freight and Logistics: Companies involved in the transportation of goods will be directly impacted by changes in rail network capacity and allocation. 2. Mining: The mining industry heavily relies on rail transport to move raw materials from mines to processing plants and ports. 3. Manufacturing: Manufacturers that depend on rail for the delivery of raw materials and the distribution of finished products will be affected. 4. Agriculture: Farmers and agribusinesses use rail to transport agricultural products to markets and ports. 5. Energy: The energy sector, particularly coal and renewable energy industries, uses rail for the transportation of fuel and equipment. 6. Construction: Construction companies may rely on rail to transport building materials and heavy machinery.
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SUMMED UP
1. Publication Announcement: · The notice announces the publication of the Revised Network Capacity Statement (Annexure 29b) and the Addendum to the 2024/25 Network Statement on Transformation Issues by the Transnet Rail Infrastructure Manager (TRIM).
2. Purpose: · The Revised Annexure 29b meets the requirements of the National Rail Policy (NRP) and the Economic Regulation of Transport Act No. 06 of 2024. · It outlines criteria for determining the total rail capacity of the network and the allocation of capacity to successful applicants.
3. Background: · The final version of the Network Statement was published on December 20, 2024, after thorough consultation with key rail industry role-players. · The Interim Rail Economic Regulatory Capacity (IRERC) and the Department of Transport led this consultation process. · The Roadmap for the Freight Logistics System in South Africa, approved by Cabinet on December 8, 2023, guided the development of the Network Statement.
4. Key Issues Addressed: · Transformation Issues: Addressed in the Addendum to the Network Statement. · Network Capacity Issues: Detailed in the Network Capacity Statement (Annexure 29b).
5. Approval and Publication: · The Minister of Transport approved the publication of the Revised Annexure 29b and the Addendum on Transformation issues on the Transnet website. |
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FULL TEXT |
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DETAILS
DEPARTMENT OF TRANSPORT
NO. 5846 5 February 2025
PUBLICATION OF THE REVISED NETWORK CAPACITY STATEMENT (ANNEXURE 29b) AND THE ADDENDUM TO THE 2024/25 NETWORK STATEMENT ON TRANSFORMATION ISSUES
PURPOSE
This Notice hereby informs the public and all interested persons that Transnet Rail Infrastructure Manager (TRIM) has published on the Transnet website, the Revised Network Capacity Statement outlined in Annexure 29b on Wednesday, the 5th February 2025, as well as the Addendum to the 2024/25 Network Statement on Capacity Allocation and Transformation (Sec. 4.10). The Revised Annexure 29b is issued in order to meet the requirements of the National Rail Policy (NRP) and the Economic Regulation of Transport Act No. 06 of 2024, and sets out the criteria followed and applied by the TRIM in relation to: (i) the determination of the total rail capacity of the network as declared by TRIM taking into account asset condition assessments of the network and other relevant factors; and (ii) the allocation of capacity in the network to successful Applicants.
BACKGROUND
Transnet Rail Infrastructure Manager (TRIM) published the final version of the Network Statement on the 20th December 2024. This was a product of a thorough consultation with key rail industry role-players in a process that was led by the Interim Rail Economic Regulatory Capacity (IRERC) and the Department of Transport. The Roadmap for the Freight Logistics System in South Africa (“the Roadmap”) which was approved by Cabinet on the 08th December 2023, pronounced that the IRERC should guide the development of the Network Statement in consultation with the Infrastructure Manager and private sector stakeholders. The Roadmap further states that the IRERC should manage the consultation process on the Network Statement and provide recommendations to the Minister for incorporation in the final version, including with respect to the methodology for the calculation of access charges.
The Network Statement addresses, among others, (i) Transformation issues; and (ii) Network Capacity issues which are outlined in the Network Capacity Statement attached as Annexure 29b to the Network Statement.
In order to succinctly provide clarity on the transformation and network capacity issues, the Minister of Transport approved the publication of the Revised Annexure 29b of the Network Statement and the Addendum on Transformation issues by TRIM on the Transnet website.
Issued by the Department of Transport.
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LINK TO FULL NOTICE
Economic Regulation of Transport Act: Revised Network Capacity Statement and Addendum to 2024/25 Network Statement on Transformation IssuesG 52063 GoN 5846 05 February 2025
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ACTION
1. Transnet Rail Infrastructure Manager (TRIM): · Publish the Revised Network Capacity Statement (Annexure 29b) and the Addendum to the 2024/25 Network Statement on Transformation Issues on the Transnet website. · Ensure that the criteria for determining the total rail capacity and the allocation of capacity to successful applicants are clearly outlined and accessible.
2. Department of Transport: · Oversee the publication and ensure compliance with the National Rail Policy (NRP) and the Economic Regulation of Transport Act No. 06 of 2024. · Facilitate the consultation process with key rail industry role-players and provide recommendations for the final version of the Network Statement.
3. Interim Rail Economic Regulatory Capacity (IRERC): · Guide the development of the Network Statement in consultation with the Infrastructure Manager and private sector stakeholders. · Manage the consultation process and provide recommendations to the Minister for incorporation in the final version, including the methodology for calculating access charges.
4. Rail Industry Stakeholders: · Participate in the consultation process led by the IRERC and the Department of Transport. · Review the Revised Network Capacity Statement and the Addendum on Transformation Issues to understand the new criteria and requirements.
5. Applicants for Rail Capacity: · Familiarize themselves with the criteria outlined in the Revised Network Capacity Statement (Annexure 29b). · Prepare and submit applications for rail capacity allocation in accordance with the new guidelines.
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AI ARTICLES
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FINANCE AND TAX ARTICLES
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USA |
OECD tax deal in turmoil as Trump draws battle lines
Potential retaliation against countries discriminating against US citizens or corporates.
The latest veiled warning by the Trump administration to introduce measures against countries that implement tax rules that may be seen as “extraterritorial” and “discriminatory” has complicated the successful implementation of the global tax deal.
The deal is the result of years of planning, designing, and agreeing by the Organisation for Economic Cooperation and Development (OECD) and G20 members on a new set of global tax rules under the Pillar One and Pillar Two solutions to address tax challenges created by digitalisation and globalisation.
South Africa enacted legislation at the end of last year and the beginning of 2025 to enable it to raise additional taxes under the Pillar Two solution, which introduces a global minimum tax of 15% on large multinational corporations.
Government expects to collect R8 billion from the global minimum tax in the 2025/26 tax year.
Retaliation taxes
However, President Donald Trump is threatening retaliatory measures against countries that are acting in a “discriminatory” manner against US citizens and corporations operating in foreign jurisdictions.
On the day of his inauguration, he signed an executive order instructing the secretary of the Treasury and the US trade representative to investigate whether any foreign countries are not in compliance with any tax treaty with the US, or have or are likely to put any tax rules in place that are extraterritorial or disproportionately affecting American companies.
The outcome and list of options for protective measures the US can adopt to respond to the non-compliance or tax rules must be delivered by 1 April this year.
One of the options is the introduction of double tax on non-US citizens and corporations if there is evidence of their home countries introducing discriminatory or disproportionate tax practices against US citizens and corporations. This option is available under the US Inland Revenue Code (Section 891).
Trump distanced his administration from any commitment made by his predecessor to the OECD’s Global Tax Deal.
The executive order states that the deal allows extraterritorial jurisdiction over American income and limits the US’s ability to enact tax policies that serve the interests of American businesses and workers.
Many of the large technology companies that will be caught in the net are US corporations like Microsoft, Apple and Meta.
Ruben Johannes, Deloitte’s Africa tax and legal partner and Pillar Two leader, says multinational companies operating in SA will have to file their first Pillar Two tax returns in 2026.
If they do not, they will be penalised R150 000 per month for every subsidiary in the group for non-compliance. These companies must already report the impact of the global minimum tax in their financial statements.
Defending American jobs
Two days after Trump’s inauguration, Republican members of the House of Representatives’ Ways and Means Committee also introduced the Defending American Jobs and Investment Act.
According to an Ernst & Young tax news alert, a bill by the same name was introduced in 2023.
This rule falls under the Pillar Two provisions of the OECD’s blueprint and has been described as extremely complicated. Its implementation has been deferred given the lack of consensus on the way forward by countries that are part of the OECD’s inclusive framework.
Impact
If the US Treasury does find evidence of discriminatory practices, the US tax rates on the US income of investors and corporations in those countries would be increased by five percentage points each year for four years up to a maximum increase of 20 percentage points.
The tax rates would remain elevated by 20 percentage points while the discriminatory or extraterritorial taxes remain effective, writes international firm Weil Tax in a published article.
Weil Tax notes that Trump’s view of the Global Tax Deal is not surprising given his comments during and following the election.
However, these executive orders go a step beyond US nonconformity.
They now implement certain potential retaliatory measures against countries implementing tax rules with “extraterritorial” or “discriminatory” (and potentially “disproportionate”) effect.
By Amanda Visser Moneyweb
New implementation date for FLAC instruments for SIFI banks and their holding companies
The Prudential Authority (“PA”) has introduced a new effective date for banks designated as systemically important financial institutions (“SIFIs”) and their holding companies to comply with Prudential Standard RA03 – Flac Instruments for Designated Institutions (the “Standard”), which was previously published as a draft for consultation. According to Prudential Communication 19 of 2024 published by the PA on 11 December 2024, the extension from the previously proposed implementation date of 1 January 2025 to 1 January 2026 is due to “operationalisation challenges”. The 6-year phase-in period which was initially included in the draft version of the Standard remains unchanged and will commence on the new implementation date of 1 January 2026.
SIFIs and their holding companies will therefore be required from the beginning of next year to ensure they can maintain a sufficient level of Flac instruments or Flac instruments and other qualifying instruments that will be available during resolution for bail-in, in line with the 6-year phase-in period set out in the Standard.
In summary, Flac instruments are unsecured debt instruments issued by a designated institution or its holding company that meets the requirements as set out in the Standard. For a recap and for further information on Flac instruments, “designated institutions”, “resolution” and “bail-in”, please refer to our previous articles below:
Matthew Morrison, Daniel Torr and Sinovuyo Damane ENSafrica
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Debates heat up as health committee concludes provincial public hearings on tobacco billMany object to Tobacco Products and Electronic Delivery Systems Control Bill lumping smoking and vaping together
Parliament has concluded its public hearing over the Tobacco Products and Electronic Delivery Systems Control Bill, its portfolio committee on health says.
The committee, chaired by deputy minister of health Sibongiseni Dhlomo, has travelled across South Africa to engage with citizens on this critical issue.
Dhlomo shared that parliament had hosted a total of 27 hearings across all nine provinces, with the hearing in George in the Western Cape marking the conclusion of this public consultation process. More than 100 people attended, with about 30 individuals making oral submissions to the committee.
In his address, Dhlomo underscored the urgency of the matter, citing alarming global statistics of tobacco-related diseases which claim eight million lives annually; 1.2-million deaths are attributed to passive smoking each year.
The current Tobacco Products Control Act (TPCA) imposes regulations on the sale, marketing and use of tobacco in South Africa, with robust measures to protect people from second-hand smoke. The new bill seeks to overhaul the TPCA and introduce stricter measures aimed at reducing smoking prevalence and limiting exposure to tobacco smoke.
Among the proposed changes, it would make it illegal to smoke in public places such as bars, restaurants, workplaces and public transport, with fines of up to R500 for offenders.
It also includes measures such as:
Additionally, the bill aims to regulate electronic nicotine and non-nicotine delivery systems such as vapes under the same framework as traditional tobacco products.
The proposals, however, have sparked fierce opposition from various quarters, particularly from those in the tobacco and informal trade sectors.
Representing the South African Tobacco Transformation Alliance, Francois van der Merwe criticised the bill for what he described as an overly broad approach that would treat all tobacco products in the same manner, regardless of their different health risks.
“This bill is a ban, as it stands now, on the wonderful opportunity to embrace the concept of tobacco harm reduction because it wants to treat all tobacco products the same way,” Van der Merwe said.
He argued that South Africa should explore harm-reduction strategies, such as offering consumers access to less harmful tobacco alternatives, particularly non-combustible products like vapes.
The president of South African Informal Traders Alliance, Rosheda Muller, expressed concerns about the economic impact of the bill and highlighted the potential harm the legislation could inflict on over six million informal traders who rely partly on tobacco sales for their livelihoods.
While acknowledging the health risks of smoking, Muller emphasised that many in the informal sector could suffer significant financial setbacks due to the proposed regulations.
On the other side of the debate, public health advocates strongly supported the bill, citing its potential to reduce smoking rates and protect the health of South Africans, especially young people.
A University of Cape Town medical student pointed out that tobacco-related illnesses are the leading cause of preventable deaths in the country, making the bill a necessary step in safeguarding public health.
Prof Praneet Valodia from the University of the Western Cape also expressed support for stricter regulations but voiced concerns about how the bill treats non-combustible nicotine products.
“South Africa, like the US Food and Drug Administration, should create a separate category for regulating non-combustible nicotine products. They should not be treated the same, as the current bill does,” said Valodia.
Andre van Zyl, owner of four tobacco shops in Plettenberg Bay and Knysna, warned that the new legislation would have a devastating impact on his business.
“The impact of the illegal tobacco trade has already been catastrophic for my business. While I appreciate the necessity for legislation to evolve with the times, I appeal to you not to make it excessively stringent,” he said.
Barry Buchman, CEO of Vaperite, which operates 35 outlets across the country, said: “I do not support the current law as it lumps two distinctly different industries into the same boat. The only thing in common between tobacco and vaping is nicotine.”
The committee will now schedule oral hearings in Cape Town for those individuals and organisations who previously indicated their desire to make presentations before it.
Modiegi Mashamaite Timeslive
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