February clearly decided not to be outdone by January. While the weather hinted at late-summer laziness, the regulators were still very much in full productivity mode — quietly releasing draft rules, tweaking frameworks, and setting the stage for future compliance obligations that will almost certainly become urgent at some point in the not-so-distant future.
This month’s update brings a familiar mix of “nothing to do right now, but definitely read this carefully.” Climate regulation is slowly changing wardrobe, with Pollution Prevention Plans preparing to morph into Mitigation Plans under the new Climate Change Act framework — though, for the moment, companies can keep their pens capped until the new regulations arrive. Meanwhile, healthcare risk waste transport and treatment may soon come with fresh national norms, unconventional gas exploration has resurfaced with another round of draft water regulations, and a few particularly persistent chemicals have found themselves firmly on the global “please stop using this” list under the Stockholm Convention on Persistent Organic Pollutants.
Biodiversity also had a busy month: hunting trophy quotas for some of the country’s most famous residents — including the African elephant, black rhino and leopard — are up for discussion, new conservation mechanisms are being defined, and even the medicinal plant Pelargonium sidoides received an updated biodiversity management plan. Not every plant can say it gets a regulatory refresh every decade or so.
On the health and safety side, the changes are more subtle but still worth noting. The Occupational Health and Safety Act will see updated rules on physical agents later this year, covering matters ranging from electromagnetic exposure limits to lighting levels in certain workplaces — proving once again that compliance can sometimes come down to exactly how bright your abattoir is.
Meanwhile, the labour law landscape is quietly preparing for potentially significant changes. Two major amendment bills propose rethinking parental leave, strengthening protections for on-call and zero-hour workers, adjusting severance pay rules, and extending certain labour rights to gig-economy workers who currently operate in that awkward legal grey zone between employee and contractor.
Closer to home, municipalities continued their steady tradition of reminding everyone that regulation also lives on the street corner: Cape Town adjusted its noise and public-space rules, Tshwane refreshed its road-reserve by-law, and a number of other municipalities introduced new rules covering everything from traffic to event safety (and, in at least one case, a very detailed price list for nuisance offences).
In short: February delivered fewer immediate compliance emergencies, but plenty of regulatory groundwork. Drafts were published, frameworks refined, and future obligations quietly lined up — the legal equivalent of the stage crew rearranging the set before the next act begins.
ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT OF WHAT HAPPENED IN FEBRUARY 2026
(SOUTH AFRICA) 6 March 2026
Download link: Monthly SHE and Foodstuffs Legal Newsletter of what happened in February 2026
NATIONAL LEGISLATION
ENVIRONMENTAL LEGISLATION
1) Climate Change Act
- Pollution Prevention Plans and Mitigation Plans, 2026-30
Pollution Prevention Plan (PPP) Regulations were published under the Air Quality Act in 2017. The purpose of the current notice is to provide clarity on the transitional arrangements in respect of the transition from these Regulations to the Carbon Budget and Mitigation Plan Regulations to be published under the Climate Change Act for the subsequent PPP’s, and which are now referred to as Mitigation Plans under the latter Act, for the government’s commitment period 2026 to 2030. The Minister has declared that PPP’s for that period will only be submitted or processed upon finalisation and publication of the new Carbon Budget and Mitigation Plan Regulations. No action is currently required from companies.
2) Waste Act
- Draft National Norms and Standards for the Transportation, Storage and Treatment of Health Care Risk Waste
Draft National Norms and Standards were published for public comment.
3) Biodiversity Act
- Proposed export quotas for 2026 and 2027 for elephant (Loxodonta africana), black rhinoceros (Diceros bicornis) and leopard (Panthera pardus) hunting trophies
Proposed quotas were were published for input.
Draft National Norms and Standards for the Recognition of Other Effective Area-Based Conservation Measures (OECMs)
These were published for comment.
- Implementation of the Revised Biodiversity Management Plan for Pelargonium Sidoides in South Africa
The original plan published in 2013 was revised and replaced.
4) National Environmental Management Act
- Draft Code of Conduct Applicable to All Designated Environmental Management Inspectors and Environmental Mineral and Petroleum Inspectors
The Draft Code was published for comment.
- Postponement of the need to be SANAS accredited as an Independent Assessor to verify Greenhouse Gas Emissions
The Minister authorised a three-year grace period for the SANAS accreditation of independent assessors as required by the Technical Guidelines for the Validation and Verification of Greenhouse Gas Emissions (GHG Verification Guidelines), GN 1496 of 2021, in terms of section 12 of the Air Quality Act, 2004. Phase 2 of the Greenhouse Gas Emissions Reporting Verification Programme will start in January 2030.
A call was also made for companies that meet the competence criteria, as set out in section 4 of the Verification Guidelines, to submit applications for eligibility as independent assessors for Phase 1 of the Greenhouse Gas Emissions Reporting Verification Programme. The applications must be submitted within 60 days from the date of the publication of this Notice (17 February 2026).
5) Stockholm Convention on Persistent Organic Pollutants – Specific Exemptions
The twelfth Stockholm Convention’s (SC12) Conference of the Parties (COP) agreed to list new Persistent Organic Pollutants (POPs), namely: chlorpyrifos (a pesticide banned in South Africa), and the following industrial chemicals, i.e., long-chain perfluorocarboxylic acids (LC-PFCAs); and medium-chain chlorinated paraffins (MCCPs) in Annex A of the Convention for elimination with specific exemptions for certain applications. Furthermore, the COP12 agreed to add new exemption on UV-328 for use in water sealant tape and adhesives for the aircraft industry. Any other uses of long-chain perfluorocarboxylic acids (LC-PFCAs), medium-chain chlorinated paraffins (MCCPs), and UV-328 are banned under the Convention except for those applications listed under specific exemptions. Only parties that have applied for specific exemptions shall be allowed to use these chemicals for those specific exempted applications.
Any company which may be involved in the use, sale, production, import and export of long-chain perfluorocarboxylic acids (LC-PFCAs); medium-chain chlorinated paraffins (MCCPs) and UV-328 under specified exempted applications prescribed in the Notice is required to apply for specific exemptions through the Department of Forestry, Fisheries and the Environment.
6) Gas Bill
The Bill seeks to repeal the Gas Act, 2001, and aims to:
- provide for the promotion of the orderly development of the gas industry;
- enhance the national regulatory framework;
- promote broad-based black economic empowerment;
- provide for socio-economic and environmentally sustainable development;
- provide for new developments and changing technologies in the gas sector;
- facilitate gas infrastructure development and investment;
- provide for cooperation between the private and public sectors;
- strengthen enforcement and improve compliance.
7) National Water Act
- Draft Regulations for the Use of Water for Exploration and Production of Onshore Naturally Occurring Hydrocarbons that Require Stimulation, including Hydraulic Fracturing and Underground Coal Gasification
These draft regulations set out licensing requirements, baseline monitoring obligations, standards for drilling and well‑construction, prohibited and restricted activities, control of wastewater and chemical use, decommissioning duties, disclosure obligations, as well as offences relating to unconventional gas operations which may affect water resources.
As stated in the notice, they are a republication of those gazetted on 22 November 2024. That version was in turn preceded by draft Regulations from May 2021.
HEALTH AND SAFETY LEGISLATION
8) Merchant Shipping Act – Draft amendment
Notice of the Minister’s intention to amend Schedule 2 of the Act was released for comment. Schedule 2 contains the International Convention for the Safety of Life at Sea, 1974, and was since updated.
9) Occupational Health and Safety Act
- Physical Agents Regulations – Amendment
These Regulations only enter into force on 6 September 2026.
The amendments deal with revised training obligations (i.e. on procedures for reporting, correcting and replacing defective physical agent control measures).
Table 2 was also substituted – this sets out occupational exposure limits for electromagnetic fields.
Minimum lux values were inserted in Table 4 (interior workplaces) for:
- Abattoirs: areas for loading and operating of goods-handling equipment and machinery
- Gas works: governor, meter, compressor, booster, exhauster houses.
Some changes were made to Table 6 (exterior workplaces) for:
- Canals and locks: Outdoor embankment ballasting and locking chamber walls.
10) Pharmacy Act
- Rules relating to Good Pharmacy Practice – Draft Amendment
Draft amendments came out for public comment.
- Rules relating to the Code of Conduct for Registered Persons
Draft amendments were published for comment.
11) Cannabis for Private Purposes Act, 2024
- Draft Regulations
Draft Regulations were published for comment.
FOODSTUFFS LEGISLATION
12) Foodstuffs, Cosmetics and Disinfectants Act
- Regulations relating to Maximum Levels of Mycotoxins in Foodstuffs
These new Regulations will only enter into force on 6 February 2028. The Regulations governing Tolerance for Fungus-produced Toxins in Foodstuffs, GN R 1145 of 8 October 2004, will then be repealed.
13) Agricultural Product Standards Act
- Standards regarding Food Hygiene and Food Safety of Regulated Agricultural Food Products of Plant Origin intended for Export
The Standards originally published in GN 707 (GG 27577) of 13 May 2005 were amended as of 13 February 2026.
LABOUR LEGISLATION
14) Labour Law Amendment Bill, 2025
This Bill proposes extensive amendments to the
- Basic Conditions of Employment Act (BCEA)
- Employment Equity Act (EEA)
- Unemployment Insurance Act (UIA)
- National Minimum Wage Act (NMWA).
It is noted that the Bill is also referred to as the Employment Laws Amendment Bill in the same document.
Proposed changes include introducing a more equitable parental leave system by replacing the fragmented maternity and parental leave framework with a shared parental leave model. A single or sole employed parent is entitled to four months’ parental leave, while two employed parents share four months and ten days, subject to agreed arrangements or equal sharing in the absence of agreement, with priority given to the birthing mother.
The scope has also been expanded to cover adoptions of children up to six years old (previously limited to under two) and commissioning parents in surrogate arrangements.
It is aimed to insert section 9B into the BCEA to provide protection for workers having “on-call”, zero-hours or min-max contracts. These employees, often in retail, security, or hospitality, are frequently vulnerable to irregular hours, no guaranteed income, and last-minute cancellations. The amendments require employers to set out in writing the guaranteed hours, maximum hours, availability periods, and reasonable notice periods for reporting or cancelling shifts. If the employer cancels work without proper notice, the employee must be paid for those hours. The notice period must consider the nature of the business, the employer’s control over work availability, and the impact on the employee’s life. Employees are also protected from being unfairly restricted from working elsewhere unless there are genuine operational reasons (such as protecting confidential information). These measures aim to reduce exploitation, provide greater income and scheduling predictability, and ensure fair treatment compared to permanent staff.
It is proposed to increase the statutory severance pay from one week to two weeks’ remuneration per completed year of service (for dismissals based on operational requirements).
Disputes solely about severance pay can now be referred directly to the CCMA or a bargaining council, simplifying access to resolution without needing to challenge the fairness of the dismissal itself.
Similarly, amendments clarify that CCMA awards for unpaid contributions to benefit funds (such as pension or medical aid) can include interest at the prescribed rate, and prevent duplication of claims across forums, ensuring employees recover what is owed more efficiently.
15) Labour Relations Amendment Bill, 2025
This Bill intends amending the Labour Relations Act, 1995.
Proposed changes are to:
- further regulate ballots for closed shop agreements
- limit the application of Bargaining Council agreements to certain new businesses
- regulate the extension of funding agreements for Bargaining Councils
- specify financial reporting standards for trade unions, employer’s organisations and Bargaining Councils
- amend the functioning of the essential services committee and resolution of disputes in essential services
- specify the duration of notices concerning socio-economic protection action
- permit the Minister to regulate the retention of ballot records
- provide for guidelines for the registrar or labour relations in respect of cancelling the registration of trade unions or employer’s organisations
- introduce reporting requirements for federations of trade union and employer’s organisations
- amend the functions and rulemaking powers of the CCMA
- amend the powers and functions of the Labour Court and Labour Appeal Court
- further specify the requirements of fair procedure in case of dismissals for misconduct or incapacity
- amend the procedure for holding inquiries by arbitrators
- amend the process of facilitation for large-scale operational requirements dismissals
- permit the CCMA to arbitrate certain disputes about discrimination
- limit the remedies available to employees earning above an earning threshold (R 1.8 m) in unfair dismissal and unfair labour practice claims and to empower the Minister to set a threshold
- prevent the duplication of claims
- provide for a limitation of liability of the CCMA and other entities performing statutory functions under employment laws
- provide for the extension of provisions concerning freedom of association and collective bargaining to a broader category of employees.
The Labour Relations Amendment Bill intends the extension of fundamental rights to a broader group of workers through the new Schedule 11. Many individuals classified as independent contractors or dependent contractors, such as gig workers, delivery drivers, or home-based service providers, currently fall outside the definition of “employee” and lose access to freedom of association, organisational rights, collective bargaining, and protection against unfair dismissal.
Schedule 11 creates a presumption of employment unless the employer proves the worker is genuinely independent (not controlled by the employer, not integrated into its organisation, and not performing work on the employer’s behalf under the employer’s terms). These workers can now join or form trade unions, exercise organisational rights, bargain collectively, and participate in protected strike action. This reform addresses the growing “twilight zone” of precarious work identified by the Constitutional Court and aligns South Africa with its ILO obligations under Convention 87.
Other amendments indirectly benefit employees by improving dispute resolution and enforcement. Bargaining councils gain clearer jurisdiction to arbitrate minimum wage and BCEA disputes, potentially bringing resolution closer to the workplace.
The CCMA’s powers are expanded to assist low-paid workers in enforcing awards (including covering sheriff fees), and joint hearings are encouraged for related claims under different laws, reducing costs and delays.
PROVINCIAL LEGISLATION
16) Eastern Cape
- Registration of Waste Transporters for Gain, 2025
A Notice was published in the Eastern Cape Provincial Gazette on 16 February 2026 requesting all persons who transport waste for gain to register with the Provincial Waste Management Officer in terms of section 25(1) of the Waste Act.
Existing persons must do so within 90 days from date of publication of the Notice, while new persons must do so within 30 days of being established.
Failure to do so may result in an “appropriate fine” (unspecified) and/or imprisonment for a period not exceeding 15 years.
No other relevant provincial legislation was passed this month.
MUNICIPAL LEGISLATION
17) City of Cape Town Metropolitan Municipality
- Streets, Public Places and the Prevention of Noise Nuisances By-law – Amendment
Amendments were made.
- City Ombudsman By-law, 2025
This repeals the 2015 City Ombudsman By-law.
18) Mandeni Local Municipality
The Municipal Business Licence By-law was passed.
19) City of Tshwane
A new Work in the Public Road Reserve By-law came out and which repealed the 2014 by-law.
20) Victor Khanye Local Municipality
The Safety Management at Events By-law was published.
21) Mkhambathini Local Municipality
The municipality released the Road Traffic By-law.
22) uMlazi Local Municipality
A Notice for the determination of admission of guilt fines issued under section 341(5) of the Criminal Procedure Act was published. It sets out the full schedule of offences, codes, and prescribed penalties associated with the Nuisance By-laws, 2025. Issues such as noise disturbances, conduct in public spaces, the use of fireworks, matters of decency and morality, street and pedestrian obstructions, and public health-related nuisances are covered.
SANS STANDARDS
Various new or revised standards were published by the SABS. Please note, we do not have copies of these as they must be purchased. If required, please contact the SABS.
New standards:
23) SANS 14002-2:2025 Ed 1
Environmental management systems – Guidelines for using ISO 14001 to address environmental aspects and conditions within an environmental topic area Part 2: Water.
This gives general guidelines for organizations seeking to address water-related environmental aspects, environmental impacts, environmental conditions, and the associated risks and opportunities within an environmental management system in accordance with ISO 14001 (published in South Africa as an identical adoption under the designation SANS 1400).
24) SANS 14071:2025 Ed 1
Environmental management – Life cycle assessment – Critical review processes and reviewer competencies.
It specifies requirements and gives guidance for conducting a critical review of any type of life cycle assessment (LCA) study and the competencies required for the review.
25) SANS 14072:2025 Ed 1
Environmental management – Life cycle assessment – Requirements and guidance for organizational life cycle assessment.
It specifies additional requirements and gives guidance for an effective application of ISO 14040:2006 and ISO 14044:2006(published in South Africa as an identical adoption under the designation SANS 14040 and SANS 14044) to organizations.
26) SANS 14075:2025 Ed 1
Environmental management – Principles and framework for social life cycle assessment.
It establishes principles and framework, specifies requirements and gives guidance for the social life cycle assessment (S-LCA) of a product.
27) SANS 14093:2025 Ed 1
Mechanism for financing local adaptation to climate change – Performance-based climate resilience grants – Requirements and guidelines.
It establishes an approach and methodology for a country-based mechanism to channel climate finance to subnational authorities to support climate change adaptation and to increase local resilience thereby contributing to the achievement of the goals of the 2015 Paris Agreement of the United Nations Framework Convention on Climate Change (UNFCCC) and the UN Sustainable Development Goals (SDGs).
28) SATR 19167:2026 Ed 1
Application of ubiquitous public access to-geographic information to an air quality information service.
This facilitates an understanding of the Ubiquitous Public Access (UPA) context information model, as defined in ISO 19154 (published in South Africa as an identical adoption under the designation SANS 19154), to establish a UPA-to-Geographic Information (GI) environment.
Revised standards:
29) SANS 7218:2025 Ed 3
Microbiology of the food chain – General requirements and guidance for microbiological examinations.
This specifies general requirements and gives guidance on microbiological examinations.
If you have any questions, please feel free to contact us.
Kind regards
MARK DITTKE