NATIONAL HEALTH INSURANCE

 

• During an address to participants in a policy dialogue on universal health coverage in South Africa, Health Minister Joe Phaahla said the NHI ‘administration and ... associated governance structures’ will be established ‘in the coming three years, between 2024 and 2026’ – after the board and ‘other governance structures’. Draft regulations ‘will be published for at least three months inviting people to comment’.

 

LEGAL SERVICES OMBUD

 

• The Office of the Legal Services Ombud called for public comments on draft rules that, once finalised, will replace and repeal rules gazetted in April 2022 as a temporary measure.

 

COMPETITION ACT

 

• The Department of Trade, Industry and Competition called for public comments on:
  • draft regulations setting out the process for requesting a non-binding advisory opinion from the Competition Commission in terms of section 79A of the Competition Act, 1998, and
  • draft guidelines intended to assist potential merger parties in a hostile transaction where the Competition Commission is required to use its discretionary powers.

 

JUST ENERGY TRANSITION

 

• The Presidential Climate Commission established in 2020 published a draft report with proposals for a just transition financing mechanism to facilitate the move away from coal-fuelled power stations towards cleaner sources of energy. The mechanism envisaged would raise funds for ‘crucial interventions’ likely to include:
  • workforce development and reskilling
  • economic diversification
  • sustainable agriculture
  • clean energy infrastructure, and
  • social protection.
• A notice setting the deadline for public comment on the draft can be found here.

 

TERRORIST FINANCING CONTROLS

 

• The Prudential Authority issued guidelines for banks and their auditors on implementing effective anti-terrorist financing protective measures and controls. The guidelines are underpinned by international Financial Action Task Force recommendations.

 

SUBSCRIPTION BROADCASTING INQUIRY

 

• The Independent Communications Authority of South Africa gazetted a notice extending the deadline for input using questionnaires available on its website. The exercise follows a decision to consult further on certain issues, as announced in November 2023.

 

MEDIA AND DIGITAL PLATFORMS MARKET INQUIRY

 

• The Competition Commission published a press release calling for input by 22 January 2024 on ‘a further statement of issues’ to be explored during its market inquiry into media and digital platforms. Identified during the first phase of stakeholder consultation, the issues are grouped into themes that include:
  • ‘the incorporation of constitutional interpretation into the inquiry’
  • ‘the impact of mis- and disinformation’
  • ‘the emphasis on radio and TV broadcast news media (especially the public broadcaster)
  • ‘the measurement of news and its benefit to search and social media platforms’
  • ‘revenue share arrangements between news media and digital platforms’, and
  • ‘the role and importance of transparency in platforms and advertising technology markets’.

 

SCRAP METAL TRADE AND EXPORT CONTROL MEASURES

 

The Department of Trade, Industry and Competition gazetted a notice providing additional time for public comment on proposals for continuing temporary control measures intended to curb the theft of cables and other metals from government-owned infrastructure. The measures include:

• banning ferrous and non-ferrous waste and scrap metal exports
• suspending waste and scrap metal preferential pricing arrangements favouring local mills
• restricting the export of certain types of semi-finished copper products, and
• banning the export of scrap metal rails.

 

CONSTRUCTION AND PROJECT MANAGEMENT

 

• The South African Council for the Project and Construction Management Professions extended the deadline for public comments on two sets of draft rules. Links to Government Gazette notices reflecting the new deadlines as well as the draft rules themselves are provided below:
  • draft rules for inquiries into allegations of improper conduct, and
  • draft rules on reregistration.

 

ECONOMIC REFORM

 

• The Presidency and National Treasury released a report on progress with implementing Operation Vulindlela economic reforms during the third and fourth quarters of 2023. According to an accompanying media statement:
  • the most recent developments build on achievements since Operation Vulindlela’s launch in October 2020, and
  • ‘while the impact of these reforms may not be immediate, it will be significant’.

 

HAZARDOUS CHEMICALS

 

• The Department of Forestry, Fisheries and the Environment gazetted a notice further extending the commencement date of regulations domesticating the 1998 Rotterdam Convention on international trade in certain chemicals and pesticides. Published in February 2023, the regulations are still in the process of being revised. Draft amendments were released in October for public comment.

 

POSTBANK

 

• The South African Reserve Bank (SARB) gazetted a third variation on conditions in its November 2020 notice declaring the South African Postbank SOC Ltd a designated clearing system participant. The latest variation refers expressly to the commencement of South African Social Security Agency card distribution ‘from 1 April 2024’.

 

LAND TRANSPORT ACT REGULATIONS

 

• The Department of Transport called for public comments on draft regulations intended to give effect to the National Land Transport Amendment Bill, which Parliament passed on 7 December 2023. It is now waiting to be signed into law. The deadline for comment has already expired.
• According to notes serving as a preamble to the proposed new regulations, they:
  • include detailed provisions for e-hailing services
  • ‘as appropriate’, incorporate the 2009 regulations on contracting for public transport services, and
  • when finalised, ‘will be combined with all other regulations made under the … Act to form a consolidated and comprehensive set’.

 

MERCHANT SHIPPING REGULATIONS

 

• The Department of Transport gazetted a notice calling for public comments on substantive proposed amendments to safety of navigation regulations under the Merchant Shipping Act, 1951.

 

MARINE POLLUTION

 

• The Department of Transport gazetted a notice calling for public comments on a proposed amendment to regulations under the Marine Pollution (Prevention of Pollution from Ships) Act, 1986. This is with the aim of operationalising the amendment Bill still before Parliament.
• Once finalised, the amended regulations will give effect to Annexures I to VI of the International Convention for the Prevention of Pollution from Ships, 1973.
• At the time of writing, the draft amendment had yet to be posted on the South African Maritime Safety Authority website.

 

NATIONAL HERITAGE

 

• The South African Heritage Resources Agency called for public comments on a draft national thematic framework for heritage resource management. It revises a grading system and related criteria published in May 2003, followed by theme category proposals and a thematic chart apparently never added to regulations in place since 2000.

 

Prepared by Pam Saxby