South Africa: Government, Public Sector

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
Article
Beyond The Leaky Tap: Performance-based Contracts For Non-revenue Water In South Africa (Part 1)
South African municipalities are losing over 46% of treated water through non-revenue water (NRW), a crisis driven by infrastructure decay, metering failures, and weak governance. Performance-based contracts (PBCs) offer a promising solution by tying private-sector payment to measurable water savings, yet regulatory complexity and risk allocation challenges have prevented their widespread adoption. This analysis examines the legal and procurement barriers that municipalities face when attempting to implemen
South Africa Government
E
ENS
Article
South Africa’s Post-greylisting Moment: Why Enforcement Now Matters More Than Ever
South Africa's removal from the FATF grey list marked a significant achievement, but the country now faces a more demanding phase of scrutiny focused on effective enforcement rather than legislative compliance. The Madlanga Commission's findings on alleged corruption within the criminal justice system present both a stark challenge and an opportunity to demonstrate that the country's anti-money laundering and counter-terrorism financing frameworks can hold powerful individuals accountable.
South Africa Government
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ENS
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Anti-Money Laundering

Inward/ Foreign Investment

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Constitutional & Administrative Law

Article
Modernising The Commissioning Of Oaths: The Draft 2026 Regulations
South Africa's Department of Justice has published draft regulations that would fundamentally transform how oaths and affirmations are administered by allowing electronic commissioning through audio-visual communication. This development follows years of legal uncertainty and conflicting court decisions about whether commissioners of oaths could validly administer oaths remotely, particularly during the COVID-19 pandemic when physical presence became impractical.
South Africa Commercial
AA
Adams & Adams
Article
Rethinking Oath Certification: Introducing Electronic Commissioning
The Department of Justice and Constitutional Development has published draft Regulations introducing formal provisions for electronic commissioning of affidavits in South Africa. This legislative modernisation proposes to allow commissioners to administer oaths remotely through audio-visual communication, fundamentally changing the traditional requirement for physical presence while maintaining essential safeguards.
South Africa Litigation
E
ENS
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Terrorism, Homeland Security & Defence

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Government Contracts, Procurement & PPP

Article
Beyond The Leaky Tap: Performance-based Contracts For Non-revenue Water In South Africa (Part 1)
South African municipalities are losing over 46% of treated water through non-revenue water (NRW), a crisis driven by infrastructure decay, metering failures, and weak governance. Performance-based contracts (PBCs) offer a promising solution by tying private-sector payment to measurable water savings, yet regulatory complexity and risk allocation challenges have prevented their widespread adoption. This analysis examines the legal and procurement barriers that municipalities face when attempting to implemen
South Africa Government
E
ENS
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