'Most Notably' (16 February 2026)

This week's 'Most Notably' begins with two takeaways from President Cyril Ramaphosa's 2026 State of the Nation Address (SONA), which included references to several imminent legislative developments, two of which have been works in progress for some time.

Quite possibly, the ‘Whistleblower Protection Bill’ now expected to be "tabled in Parliament" this year is underpinned by input received on a Department of Justice & Constitutional Development discussion document released in 2023 and proposing reforms to South Africa's prevailing whistleblower protection regime. At the time, among other things, an accompanying media statement noted the importance of providing whistleblowers the "legal and emotional" support necessary for navigating the "complicated legal system" entailed. To that end, the discussion document included a list of possible amendments to the 2000 Protected Disclosures Act and 1998 Witness Protection Act.

More recently, ActionSA MP Malebo Kobe called for comments on a draft Public Procurement Amendment Bill intended to incentivise whistleblowing by financially rewarding the source of any disclosure resulting in the recovery of state assets. Yet to be tabled, the draft Bill also criminalises various actions that might be taken to intimidate a whistleblower or coerce them into undermining any ensuing investigation process.

Whether the upcoming Whistleblower Protection Bill addresses possible lacunae in the 2024 Public Procurement Act remains to be seen. That particular piece of legislation has still not been operationalised. However, according to the SONA, the Bill will seek to ensure that whistleblowers receive "psychosocial, legal and financial support" – and that "retaliation" (by an alleged offender) is criminalised.

Perhaps parliamentary hearings will be the only opportunity ordinary South African are given to comment on the Bill once tabled. Perhaps it will be released in draft form before being finalised for tabling. Time will tell.

The SONA also included an undertaking to "redesign" the social relief of distress grant this year to "more effectively support livelihoods, skills development, work opportunities and productive activity". This may have been a reference to basic income support grant proposals in a draft policy submitted to Cabinet's Social Protection, Community & Human Development Committee in 2024.

If so, a document recently presented to members of the National Assembly's Social Development Committee cites March 2027 as the target for introducing a revised version of the policy to the same committee. In that context, Minister Nokozula Tolashe's October 2025 written response to a question from ANC MP Tshilidzi Munyai notes National Treasury's request for more details on "linkage interventions by specific stakeholder departments" – as well as updated "costing and financial implications".

In addition, the Minister's reply includes a reference to seeking Cabinet approval for a public consultation process on the revised policy – pointing to the likelihood of further delays before the long-awaited revamped grant becomes reality.

Two other significant events within days of the SONA focused on mining.

coal

According to Mineral Resources & Energy Minister Gwede Mantashe, "the real question ... is not whether coal remains important, but how we extract greater value from it." Speaking at this year's Southern African Coal Conference, the Minister drew attention to Mintek's "coal reimagined programme" – "a strategic intervention aimed at repositioning coal and its derived waste streams as a ... national asset". This in the context of government's efforts to "reposition coal as a critical mineral and ... source of advanced materials capable of supporting new industrial value chains".

Noting the "vast quantities" of fly ash generated by South Africa's coal industry, the Minister told delegates that "less than ten percent" is beneficiated – with the remainder stored in "dumps". Given scientific evidence of "rare earth elements, vanadium, alumina, silica, gallium and other critical minerals" in coal fly ash and discards, the Minister referred to South Africa's coal endowment as presenting "a unique opportunity" to meet accelerating global demand for these materials.

The overarching objective of Mintek's 'coal reimagined programme' is to "transform" an "environmental liability" and "significant unrealised resource" into "an engine of economic opportunity". With the "appropriate" level of investment to move the programme "from research and piloting to industrial deployment", the initiative has the potential to "position South Africa as a global leader in coal beneficiation, waste valorisation and circular economy innovation, converting legacy coal waste streams into drivers of economic growth, job creation and environmental rehabilitation".

An article in Australian mining industry publication, Discovery Alert, provides valuable insights into South Africa's "key" strategic and competitive advantages in this field.

'junior' mining

"Mobilising capital at the scale required for exploration, responsible mining, and value-addition closer to the point of production cannot be achieved by governments alone. Nor can it be achieved by the private sector operating in isolation. It requires partnership."

This was the thrust of a speech delivered by Mineral Resources & Energy Minister Gwede Mantashe during a ministerial symposium held at the beginning of this year's Mining Indaba. According to the Minister, the "early outcomes" of South Africa's Junior Mining Exploration Fund demonstrate "encouraging" progress in tapping the country's "substantial ... mineral potential".

Established in 2024 with the Industrial Development Corporation (IDC) as implementing agency, the fund's first call for applications was made in June that year – with a second window opened in September 2025. At the time, an IDC website page described the fund's overarching objectives as:

• facilitating prospecting work among qualifying mining enterprises, and

• assisting "black junior miners" in accessing ore bodies and securing the necessary exploration licences.

While the fund is reportedly making "considerable impact", at the time of writing no details were available on the outcome of "R160m (already allocated) to eight junior exploration companies" when the IDC's 2025 annual report was published.

Parliament

To end this week's 'Most Notably' on a slightly lighter note, Public Works & Infrastructure Minister Dean Macpherson has committed his department to supporting "the process of engaging event and conference organisers" about using the Nieuwmeester Dome during parliamentary recesses. This would be "in a controlled manner, aligned with security and operational requirements, and through a proper process that protects the integrity of the site while generating additional income".

In a speech delivered during the facility's official handover to National Assembly Speaker Thoko Didiza, the Minister said, "We cannot afford, as a country, to treat major public infrastructure as a single purpose expense that lies dormant when not in use." This was noting that, because "South Africa’s balance sheet is under pressure, every rand must work harder (and) every asset ... utilised responsibly".

Describing what is envisaged as "a practical step towards sustainability" and "not about commercialising Parliament", the Minister's speech underscored the importance of ensuring that "public assets ... serve the public good as consistently as possible", are "used responsibly", generate value "where appropriate", and reduce "the burden on the public purse".

Unfortunately, no suitable 'before and after' photos of the dome are publicly available. We had hoped to share evidence this week of all the improvements made since April 2025. Another time, perhaps ...

Until next Monday ...

Policy Watch SA

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