Tag: RegulatoryReform
SARS’s digital border bureaucracy – progress or pointless compliance?
The South African administrative state has acquired yet another hammer - digital traveller technology. Government departments appear now to assume that because something can be digitised, it should be digitised. Worse still, because information can be collected, it ought to be collected. SARS's compulsory new online “Traveller Declaration” system exemplifies this increasingly pervasive mindset.
Tobacco Bill – can an uncosted law be justified?
On 9 May 2018, the Minister of Health published in the Government Gazette a draft 2018 Control of Tobacco Products and Electronic Delivery Systems Bill and invited interested persons to submit comments on the Bill.
Commercial paper regulations reform – reshaping issuance rules
The regulation of commercial paper issuance in South Africa has, since 1994, been governed by an exemption notice. This exemption notice is known as the Commercial Paper Regulations. It permits certain entities to issue debt instruments. It also ensures they are not deemed to conduct “the business of a bank” under the Banks Act 94 of 1990 (Banks Act).
Rethinking legal frameworks to advance impact investing
The 2026 Budget Speech, delivered by Finance Minister Enoch Godongwana in February 2026, has generally been described as a “good news” budget. At a macro level, the strides toward fiscal consolidation are notable. Additionally, the increase in VAT for Small and Medium Enterprises (SMEs) reflects a shift in revenue strategy. These developments support key socio-economic measures, including employment.
Business Licensing Bill – submit your comments by 28 November
The current Businesses Act 1991 requires a business licence to carry on essentially only two categories of business. The Act repealed prior licensing laws that had required many more types of business to be licensed. At the time, the Free Market Foundation through its Law Review Project helped persuade the government to repeal those prior licensing laws and introduce the light-touch 1991 Act.
Reining in bureaucratic overreach – lessons from USA for SA
South Africa needs urgently to reflect on a landmark legislative initiative that is unfolding in the United States of America. Designed to curtail the expansive authority of federal agencies which can issue economically significant regulations without congressional approval, this effort marks a pivotal attempt by American lawmakers to reclaim their constitutionally enshrined role as the nation’s primary lawmakers.
