Policy Regulatory Technical Notification 09-2025
Dear CTFA member
Please find this week’s notification for information and consideration.
Draft amended Consumer Goods and Services Industry Code of Conduct
Consumer Protection Act (CPA) - Consumer Goods and Services Ombud (CGSO)
The Department of Trade, Industry and Competition has published a draft revision of the Code for public comment. The Code and the CGSO have a wide scope as provided for by the CPA and were established to guide industry regarding the minimum standards of conduct expected when engaging with consumers; and to assist in resolving disputes that arise between consumers and industry in terms of the CPA.
The Code is recognised under the CPA. Therefore, the Code is enforceable against consumer goods and services industry participants by the CGSO in line with the terms of reference. Failure to comply with the Code amounts to a contravention of Section 82(8) of the CPA.
The draft amended Code – available from CTFA – is being reviewed by the Association with the intention to submit input for CGSO’s consideration.
Please indicate if you would like to provide input, by 28 May 2025. All input should be received by CTFA for consideration, by 9 June 2025.
Application of fees to International Trade Administration Commission (ITAC) activities
Draft Administrative Fee Guidelines and draft Regulations
The Department of Trade, Industry and Competition has published the draft Guideline for public comment. Although the Regulations are also still in a draft status, they were opened for comment previously. ITAC plays an important role in fair trade, as well as import and export permitting – all of these activities can substantially impact member operations negatively or positively. For example, permits are required where there is import or export control (e.g. regulations); and tariff investigation measures (e.g. customs duty investigations; and trade remedy investigations such as countervailing; safeguarding; anti-dumping; etc.) are undertaken by ITAC.
The Department’s and ITAC’s motivation for the introduction of administrative fees is “In light of ongoing budgetary constraints, arising from a difficult macrofiscal environment that has limited the growth of parliamentary appropriations”¦”. CTFA is of the view that it is unsustainable for government to be increasingly raising further revenue for activities that should be funded from the fiscus – to which companies contribute through taxation.
The draft Regulations (not open for comment) are likely to be put into force in parallel with the Fee Guideline once both are finalised.
Both draft documents are available from CTFA for review.
Please indicate if you would like to provide input, by 26 May 2025 (due to the short turn-around time given by the Department). Should there be interest, CTFA will request an extension but requires your support that can be anonymous.
Potential contributions to the Cali Fund - 1% of revenue or 0.1% of profit (whichever is smaller)
Convention on Biological Diversity (CBD) to which South Africa is a party
The CBD was signed at the 1992 Earth Summit in Rio de Janeiro and is an international multilateral environmental agreement focused on conserving biodiversity; promoting its sustainable use; and ensuring the fair and equitable sharing of benefits from the use of genetic resources. It aims to address biodiversity loss and promote sustainable development by encompassing actions across various sectors, including science; politics; education; agriculture; business; and culture.
The Cali Fund is a new financial mechanism established under the CBD to support the fair and equitable sharing of benefits from the use of Digital Sequence Information (DSI) on genetic resources. It aims to mobilise funding from private sector entities making commercial use of DSI, with at least 50% of the resources allocated to Indigenous peoples and local communities. The fund is intended to also support the implementation of the Kunming-Montreal Global Biodiversity Framework and the achievement of the 2030 Agenda for Sustainable Development.
Key Sectors that have been identified as needing to contribute to the Fund include the cosmetics sector. The global cosmetics sector has identified a number of challenges with the approaches that have been adopted, with CTFA involved and tracking developments for possible domestic engagement.
Should you wish to read the current Position Paper and provide a view, please request it from CTFA.
Should there be any queries or if you would like further information/documentation, please do not hesitate to contact: Dr Glen Malherbe - glen@ctfa.co.za / 082 908 3383 or Nadia Rashid - nadia@ctfa.co.za
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