South Africa: Government, Public Sector

ENSafrica's latest legal briefing covers critical developments across African jurisdictions, from Uganda's proposed withholding tax on foreign debt to South Africa's rail reform revolution and the landmark COFI legislation heading to Parliament. The collection examines regulatory enforcement limits, investment law changes in Ghana, and emerging risks in AI-generated code deployment.

The Financial Action Task Force's (FATF) confirmed at its Plenary held during the week of 20 – 24 October 2025 that South Africa has been removed from the FATF's greylist.

Whether you are a local entrepreneur or a foreign investor, establishing a business in South Africa requires strategic planning and legal compliance from the outset to ensure a strong foundation on which to grow.

On 16 April 2026, the National Treasury published two sets of draft regulations under the Public Procurement Act 28 of 2024 (“the Act”) for public comment: the Draft General Public Procurement Regulations...

Practitioners appearing in full court appeals have long worked on the assumption that Rule 49(13) of the Uniform Rules applies whenever an appeal is directed to the full court of a division of the High Court - regardless of who granted leave. That assumption has now been tested and found wanting. In Koopman v Minister of Police (963/2022) [2026] ZASCA 45 (7 April 2026), the Supreme Court of Appeal held that Rule 49(13) of the Uniform Rules does not apply where it is the SCA, rather than a High Court judge, that grants leave to appeal to the full court.

The Constitutional Court has delivered a useful judgment for municipalities, organs of state, and private service providers involved in outsourcing and insourcing arrangements.

The Financial Action Task Force (FATF), the international anti-money laundering watchdog, removed South Africa from its ‘grey list' of countries following a successful on-site review of its Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) regime in July.

​​In line with South Africa's attempts to get off the Financial Action Task Force's (FATF) greylist, the Financial Intelligence Centre (FIC) issued the Revised Guidance Note 7A (revised GN 7A) on 1 September 2025.

Due to ongoing nationwide strikes and protests across Madagascar, including significant disruptions in Antananarivo, our operations are currently impacted.

Open Source Software (“OSS”) has become a critical component of many modern applications and systems. Its widespread adoption is driven by cost savings, flexibility, and rapid innovation.

On 16 April 2026, the National Treasury published two sets of draft regulations under the Public Procurement Act 28 of 2024 (“the Act”) for public comment: the Draft General Public Procurement Regulations...

The transition from the Johannesburg Interbank Average Rate (“JIBAR”) to the South African Rand Overnight Index Average (“ZARONIA”) is now firmly underway, presenting participants in the bond market...