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< Previous10 June/July 2025June/July 2025 TRAVEL & LEISURE Tucked away in the Sneeuberg Mountain Range near Graaff-Reinet in South Africa’s Eastern Cape, Mount Camdeboo Private Game Reserve offers an experience that blends conservation, history, and understated luxury in one of the country’s most overlooked safari regions. Unlike the busier reserves in the Lowveld, Mount Camdeboo is a quiet revelation. The reserve covers over 14,000 hectares of rugged Karoo terrain. It is home to a wide range of wildlife, including cheetahs, white rhinos, giraffes and an ever-growing population of plains game. Most notably, it is part of the ambitious cheetah rewilding programme, and the reserve’s commitment to ecological restoration is evident in the thriving landscape. Accommodation is limited to a handful of beautifully restored Cape Dutch manor houses and luxury tented camps, which means guests enjoy a sense of exclusivity and personal attention. From antique furniture and four-poster beds to locally sourced cuisine and private verandas, every element speaks to thoughtful curation rather than flashy indulgence. Mount Camdeboo Private Game ReserveMount Camdeboo Private Game Reserve …a hidden gem in the heart of the karoo…a hidden gem in the heart of the karooJune/July 2025June/July 2025 11 TRAVEL & LEISURE Game drives are intimate and unhurried, led by passionate guides who are just as excited to talk geology and Karoo botany as they are to track predators. The reserve is malaria- free, making it an ideal destination for families, while its remote location guarantees a truly off-the-beaten-track experience. But it’s not just about the animals. Mount Camdeboo boasts a rich history, featuring sites from the Anglo-Boer War and ancient rock art. There’s a real sense of place here, a reminder that this land has always been a frontier of sorts - geographically, culturally and conservationally. Whether you’re a first-time safari-goer looking to avoid crowds or a seasoned wildlife enthusiast seeking something different, Mount Camdeboo is a compelling alternative. It doesn’t shout for attention, but it will remain in your memory long after you leave. A soulful safari escape where conservation meets comfort in the quiet majesty of the Karoo.◼ ◼ For more information or to book | https://bit.ly/3FqRlVi | info@mountcamdeboo.com | +27 (0)21 427 5901 |12 June/July 2025June/July 2025 VIEWPOINT Reining in bureaucratic overreach - lessons from America for South Africa 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. It reins in an overextended administrative state where unelected officials wield extensive lawmaking and policy power with minimal constraint. The REINS Act - reclaiming legislative authority At the centre of this reform is the Regulations from the Executive in Need of Scrutiny Act (REINS Act). It is an attempt to reclaim legislative sovereignty and to implement the global imperative for full and proper regulatory accountability. Under its provisions, no federal regulation projected to impose an annual economic impact beyond a limited specified threshold may take effect unless formally approved by both the House of Representatives and the Senate. The purpose of this legislation is to reassert the primacy of the legislative branch over the regulatory domain, ensuring that their sometimes far-reaching economic rules are subjected to rigorous democratic scrutiny. The REINS Act has been incorporated into a broader legislative package in 2025, one that will also encompass tax reductions and border security reforms. By embedding it within a comprehensive fiscal and policy bill, it is hoped to pass the measure through budget reconciliation, a procedural mechanism in the Senate that allows for expedited consideration and avoids the filibuster, an action that obstructs progress. The REINS Act aims to decisively prevent unelected bureaucrats from imposing costly regulatory burdens without accountability, thereby safeguarding small and medium-sized enterprises, promoting economic growth and capital formation, encouraging innovation and driving sustainable job creation. Dr Brian Benfield | Retired Professor | Department of Economics | University of the Witwatersrand | Senior Associate and Board Member | Free Market Foundation | brian.benfield@wits.ac.za |June/July 2025June/July 2025 13 VIEWPOINT The Prove It Act - measuring impact and justifying rules Complementing this initiative is the proposed Prove It Act, which further advances the goal of regulatory oversight. This legislation requires federal agencies to quantify both the direct and indirect economic costs of any proposed new or revised rule, particularly with respect to its impact on small businesses. By mandating a comprehensive cost-benefit analysis, the Prove It Act seeks to ensure that regulatory interventions are economically justified and proportionate. Bureaucratic overreach and democratic undermining These efforts reflect a growing concern in the United States over the concentration of regulatory power within executive agencies. Critics argue that the modern administrative state, exemplified by agencies such as the Environmental Protection Agency (EPA) and the Federal Trade Commission (FTC), routinely issue rules with the full force of law, but absent the consent of the elected legislature. The result is a regulatory regime that undermines both democratic accountability and economic vitality. The compliance burden imposed by such regulations is often most acutely felt by small and mid-sized businesses, which lack the financial and legal resources to navigate complex regulatory frameworks. The Prove It Act responds to this challenge by requiring agencies to demonstrate that the anticipated benefits of proposed regulations outweigh their economic costs, particularly those borne by smaller market participants. The REINS Act targets economically consequential regulations - those exceeding a limited designated annual impact threshold - and insists that Congress explicitly authorises such measures. In doing so, the Act seeks to restore a constitutional balance, ensuring that rules are not imposed through ▶▶ Dr Brian Benfield | Retired Professor | Department of Economics | University of the Witwatersrand | Senior Associate and Board Member | Free Market Foundation | bcbenfield@iafrica.com |14 June/July 2025June/July 2025 VIEWPOINT administrative fiat but are instead subjected to the representative deliberation of the legislative process. In recent years, growing segments of the policy, academic and business communities have voiced alarm over regulatory overreach, particularly in sectors such as labour, finance, environment and healthcare. Many of these regulations are criticised as unduly complex, insufficiently justified, and insensitive to their long-term economic consequences. The REINS and Prove It Acts are thus emblematic of a broader political and philosophical shift: a demand for transparency, proportionality and institutional accountability in the making of binding regulations. By mandating public justification and legislative oversight, these reforms aim to produce fewer, better-crafted, more balanced regulations that respect both economic freedom and the constitutional separation of powers. Applying the lessons at locally The American experience prompts a critical reflection for South Africa. Similar legislation should be introduced here to restore proper parliamentary oversight over our regulatory authorities. In the current South African context, agencies such as the Financial Sector Conduct Authority (FSCA) and the Prudential Authority (PA) operate with virtually untrammelled power to issue binding instruments with the force of law. These instruments are variously titled. They include “Regulatory Instruments,” “Standards,” “Directives,” “Board Notices,” and “Interpretive Notes” among others, constituting thousands of pages of new law, mostly promulgated without any form of parliamentary debate, approval, or even awareness. This trend represents a serious erosion of the constitutional doctrine of the separation of powers. Indeed, some legal scholars and commentators have gone so far as to characterise the FSCA as a “state within a state”, not only for its autonomous legislative activity, but also for its ability to impose levies, adjudicate its own rules, and unilaterally determine and collect fines. A particularly troubling feature of the FSCA is that it also claims the authority to set insurance distribution prices, operating in contradiction to established policy under the Department of Trade, Industry and Competition, and without any obligation to justify such decisions. The FSCA and PA, while prominent examples, are not isolated anomalies. Numerous South African regulatory bodies now possess similar legislative and adjudicative capabilities, functioning with minimal transparency and operating largely beyond the reach of Parliament. Considering these realities, the introduction of a South African counterpart to the REINS and Prove It Acts would not merely be prudent, it is essential. Such legislation would restore the role of Parliament as the final arbiter of economically impactful rules, ensure proper fiscal and legal oversight of regulatory bodies, and protect small and mid-sized enterprises from the depredations of unchecked bureaucracy. Reclaiming parliamentary sovereignty South Africa’s democratic institutions, if they are to remain resilient and legitimate, must not allow the erosion of legislative sovereignty through regulatory overreach. The public has a right to know, and Parliament has a duty to determine the full extent of laws that govern the economy, who makes them, and on what terms. A follow-up article will examine the broader scope of regulatory overreach in South Africa, profiling additional state entities that exercise legislative and enforcement powers without adequate democratic and constitutional checks.◼ ▶▶June/July 2025June/July 2025 15 Powering progress - embedding human rights in Africa’s energy future As Africa enters a critical decade of energy development and industrialisation, the demand for reliable power, sustainable infrastructure and clean energy sources is reshaping the investment landscape. At the same time, the imperative to transition responsibly - without infringing on the rights of individuals or communities - is more urgent than ever. Business and Human Rights (BHR) offers a framework for managing this tension. Rooted in the UN Guiding Principles on Business and Human Rights (UNGPs), it sets out how businesses should respect human rights throughout their operations and supply chains, and how states must protect those rights through regulation, enforcement and access to remedy. For energy stakeholders - governments, investors, developers and communities - BHR is no longer a peripheral concern. It is a core driver of responsible growth, risk management and legitimacy in a rapidly evolving global and African energy ecosystem. What is Business and Human Rights (BHR)? BHR is anchored in three foundational pillars of the UNGPs: σ The state duty to protect human rights through policies, regulation and enforcement σ The corporate responsibility to respect human rights by conducting Human Rights Due Diligence (HRDD) σ Access to remedy for individuals and communities affected by business- related harm While once viewed as a voluntary commitment, these principles are increasingly being entrenched in binding legal frameworks. Recent instruments such as the EU Corporate Sustainability Due Diligence Directive (CSDDD), Germany’s Supply Chain Act, and France’s Duty of Vigilance Law impose legal obligations on companies (including private enterprises) to identify, prevent and mitigate human rights and environmental risks across global value chains - and create liability for failing to do so. Why BHR matters in the energy sector Energy projects - whether related to oil, gas, renewables or critical mineral extraction - have a disproportionately high human rights risk profile. Pooja Dela | Partner | Webber Wentzel | pooja.dela@webberwentzel.com | Dylan Cron | Partner | Webber Wentzel | dylan.cron@webberwentzel.com | VIEWPOINT ▶▶16 June/July 2025June/July 2025 Common risks include: σ Displacement of communities through land acquisition or infrastructure expansion σ Adverse impacts on indigenous peoples’ cultural rights σ Inadequate stakeholder engagement and lack of Free, Prior and Informed Consent (FPIC) σ Labour rights violations in construction and mineral supply chains σ Environmental degradation affecting water, health and livelihoods σ The use of excessive security forces or militarisation of project zones In an age of rising stakeholder activism, ESG litigation and reputational exposure, energy companies that fail to integrate BHR into their business models risk project delays, financing constraints, legal liability and community opposition. Conversely, companies that lead on BHR create resilience, de-risk investments and foster enduring partnerships with governments and communities. Unlocking opportunity, embedding responsibility Africa is poised to become one of the most dynamic frontiers for energy investment globally. The continent’s population is growing rapidly, with urbanisation and industrialisation driving exponential energy demand. At the same time, Africa is richly endowed with renewable resources and critical minerals that are essential to the global clean energy transition. Major energy investment opportunities include: σ Utility-scale solar, wind and hydro projects powering urban growth σ Off-grid and mini-grid solutions bringing electricity to underserved rural areas σ Cross-border energy infrastructure that links regional power pools and boosts energy security σ Hydrogen, green ammonia and energy storage ventures attracting global partnerships σ Local beneficiation and value addition of critical minerals such as cobalt, lithium and graphite Countries such as Kenya, South Africa, Namibia, Egypt and the Democratic Republic of the Congo are already hubs of activity. Projects such as Kenya’s Lake Turkana Wind Power Project, South Africa’s Renewable Energy Independent Power Procurement Programme (REIPPP) and Namibia’s ambitions in green hydrogen are reshaping the narrative. However, several of these projects have encountered friction regarding land use, community engagement and benefit-sharing. This underscores why BHR is not only relevant - it is essential. African energy development often intersects with vulnerable communities, informal land tenure, historical marginalisation and weak governance environments. Failing to address these dynamics invites risk - integrating BHR offers a pathway to do better. BHR can help companies: σ Build and maintain a social licence to operate σ Secure funding from development finance institutions and ethical lenders that mandate HRDD σ Prevent litigation, protests and reputational harm σ Align with host government development goals and Africa’s Agenda 2063 Importantly, Agenda 2063 seeks to position Africa as a global powerhouse, one committed to inclusive and sustainable development. This mirrors the core language and aims of BHR. For African states, embedding BHR into national energy policy enhances investor confidence and future- proofs infrastructure development. It also empowers governments to regulate more effectively and ensure that energy development is not only fast - but fair. VIEWPOINT ▶▶June/July 2025June/July 2025 17 Global energy transition lessons While Africa is on the cusp of major energy and infrastructure development, recent legal developments in the Global North offer cautionary insights: σ Shell v Okpabi (UK) The UK Supreme Court confirmed that parent companies can be held liable for human rights harms caused by foreign subsidiaries. Although the case arose from alleged environmental damage in the Niger Delta, the precedent may apply well beyond that context. σ TotalEnergies climate litigation (France) NGOs sued the oil major under France’s Duty of Vigilance Law, which creates binding obligations on entities (including parent companies) to identify, prevent, mitigate and redress human rights and environmental impacts resulting from their own activities, as well as those companies under their control, subcontractors and suppliers. σ Fosen Wind Farm case (Norway) The Norwegian Supreme Court ruled that land expropriation and licensing for certain wind farms violated the rights of Sámi indigenous reindeer herders under international law, highlighting the importance of FPIC, even in the context of renewable energy development. These cases reinforce that the energy transition itself carries human rights risks. Whether in the Global North or South, renewable does not automatically mean responsible. If clean energy is built on compromised rights, it will not be sustainable in the long term. Charting a rights-respecting path Africa has a unique opportunity to leapfrog - not only in technology, but in governance. By embedding Business and Human Rights into the DNA of energy projects, the continent can avoid replicating extractive models of the past and build an energy future that is clean, inclusive and equitable. For developers, investors and governments, the message is clear - modern considerations extend well beyond megawatts and minerals. Respecting human rights is not a constraint - it is a catalyst for sustainable growth.◼ VIEWPOINT18 June/July 2025June/July 2025 Discovery Health has pioneered a groundbreaking approach to personalised healthcare. By analysing its own massive data set spanning more than 50 million life years, Discovery Health has determined the optimal health actions and personalised health pathways specifically individualised for each of the 2.1 million eligible adult members of the Discovery Health Medical Scheme. By leveraging sophisticated data-science and machine- learning models, these actions have been personalised for every member based on their unique health status and engagement patterns. Actions are clinically relevant, shown at the right time and in the right sequence, and these automatically update and adjust based on a member’s changing healthcare needs. Since January this year, each eligible Discovery Health Medical Scheme member received access to their very own Personal Health Pathway - a unique sequence of the most important actions they can take to improve their health. Accessible via the Discovery Health app or through an intuitive WhatsApp journey, the pathways are easy for members to navigate the healthcare system and to know what actions to take to have the biggest impact on improving their very own long-term health. Completing these actions will not only have a positive influence on their health but the new Personal Health Pathways concept also rewards and incentivise members to stay more actively engaged in their health. Through an intuitive digital platform, Personal Health Pathways delivers personalised health and lifestyle actions, communication, and exciting rewards that foster engagement and lasting behaviour change, driving better health outcomes. How Personal Health Pathways works Personal Health Pathways gives members a view of their own personalised ‘next best actions’ – or guidance on your next best steps to take - that are especially ranked according to their predicted impact on improving their health. An individual’s actions are designed exclusively for them, which means that they are specific actions that align with their unique health and exercise goals. These members are then rewarded every time they complete a next best action. Complete your next best actions Health actions ● Encourages completion of clinical, screening and lifestyle actions. ● Each health action displays a deadline date for when each action must be complete – this then ‘closes the ring’ to achieve this goal. Exercise actions ● These encourage physical activity that is appropriate for each member, such as walking, going to the gym or completing cardio workouts. ● Each exercise action runs on a weekly cycle from Saturday morning until the next Friday at midnight. Personal Health Pathways – a world-first platform for personalisation and healthy habit formation SPONSOREDJune/July 2025June/July 2025 19 Dr Ron Whelan CEO, Discovery Health www.discovery.co.za @Discovery_SA 0860 99 88 77 SPONSORED Close your rings and achieve your goals Members get two rings in the new Personal Health Pathways journey: the health ring and the exercise ring. Members close their rings by completing their next best actions. ● Health ring ҕEach health action will close the ring by a defined amount based on that action’s contribution to improving the member’s health. ҕ For example, some actions may close the ring by a half, whilst others may close the ring fully. ● Exercise ring ҕ Each exercise action closes the ring fully each week. Get rewarded ● When a member closes their health ring, they can redeem an instant reward, from leading retailers highlighted in the Discovery Health app that’s personalised just for them. ● When a member closes their exercise ring, they can play the weekly gameboard on a Wednesday or redeem an instant reward in the Discovery app or Discovery Bank app. For more information about Personal Health Pathways, visit: https://www.discovery.co.za/medical-aid/personal-health-pathways Access your Personal Health Fund Access additional healthcare benefits for managing your health The Personal Health Fund is a new benefit offering the next level of precise and personalised healthcare and is available to all Discovery Health Medical Scheme members. Members can accumulate funds every time they complete a next best action in their Personal Health Pathway. These funds can be used for day-to-day medical expenses, including GP and specialist consultations, medication, radiology, and pathology, offering greater financial flexibility and promoting proactive health management. For more information on how the Fund works, please visit: https://www.discovery.co.za/medical-aid/personal-health-fund Next >