This communication highlights the latest statutory amendments, enactments, case law, notices, and ancillary developments relevant to the SERR Synergy legal compliance products and services (period May and June 2023). 

Companies Act, 2008 (Act No. 71 of 2008) 

The Minister of Trade, Industry and Competition, in consultation with the Companies and Intellectual Property Commission, in Government Gazette No. 48648 dated 24 May 2023, published the final Companies Amendment Regulations 2023, resultant from the General Laws Amendment Act, 2022.


Companies and Intellectual Property Commission (CIPC)

With regard to the abovementioned regulations, the CIPC on 29 May 2023 published a guidance note regarding the Beneficial Owner Filing Requirements, as required by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022. 

The Guidance Note addresses aspects such as–

  • the definition of the beneficial owner in respect of legal persons;
  • filing of a Securities Register for Companies which are not affected companies as per Regulation 32; 
  • filing of a Beneficial Interest Register for Companies which are affected companies as per Regulation 30A; 
  • entities which are not required to file a register of its Beneficial Owners / Beneficial Interest Holders; 
  • filing Requirements for Non-Profit Companies; and 
  • transitional arrangements with regard to the filing of Beneficial Ownership of existing companies.

As SA's leader in Legal Compliance and Transformation Solutions, we assist businesses to set up a variety of suitable ownership structuresFor assistance please contact any of our nationwide offices.

Immigration Act, 2002 (Act No. 13 of 2002)

The Minister of Home Affairs announced the termination of the Zimbabwean Exemption Permit (ZEP) programme and indicated on 2 September 2022 that no further exemptions will be granted after 30 June 2023. This announcement led to an application in the Pretoria High Court by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa challenging the Minister’s decision. 

In the meantime, the Minister of Home Affairs, in Government Gazette No. 48772 of 8 June 2023, extended the grace period until 31 December 2023, allowing qualifying ZEP holders to apply for the relevant visa or waiver in terms of the Immigration Act.

However, on 28 June 2023, the Pretoria High Court made the following order:

  • The Minister of Home Affairs’ decision to terminate the ZEP and grant a limited extension of only 12 months, and to refuse further extensions beyond 30 June 2023, is unlawful, unconstitutional and invalid;
  • That the matter be referred back to the Minister of Home Affairs for reconsideration, following a fair process that complies with the requirements of sections 3 and 4 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (PAJA);
  • Pending the conclusion of a fair process, the existing ZEPs shall be deemed to remain valid for the next 12 months [i.e. until the end of June 2024]; and
  • The ZEP-holders shall continue to enjoy the protections from arrest and deportation afforded by the Immigration Directive 1 of 2021.

The Pretoria High Court ruled that its order would be the status quo pending the outcome of a fair process and the Minister of Home Affairs’ further decision.

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