Close Menu
    • ABOUT
    • BOOK STORE
    • ENTREPRENEURSHIP
    • ESG
    • EVENTS & AWARDS
    • POLITICS
    • GADGETS
    • CONTACT
    Facebook X (Twitter) Instagram
    Facebook X (Twitter) Instagram
    Business explainer
    Saturday, October 31
    • TRENDING
    • EXECUTIVES
    • COMPANIES
    • STARTUPS
    • GLOBAL
    • AGRICULTURE
    • DEALS
    • Ai
    • ECONOMY
    • MOTORING
    • TECHNOLOGY
    Business explainer
    Home » Thandekile Mbatha Flags Gaps in SA Investment Laws
    INVESTING

    Thandekile Mbatha Flags Gaps in SA Investment Laws

    April 10, 20264 Mins Read
    Share Facebook Twitter Pinterest Copy Link LinkedIn Tumblr Email Telegram WhatsApp
    Follow Us
    Google News
    Thandekile Mbatha, Associate, Webber Wentzel
    Share
    Facebook Twitter LinkedIn Email Copy Link

    The 2026 Budget Speech delivered by Finance Minister Enoch Godongwana in February 2026 has in balance been referred to as a “good news” budget by the commentariat. At a macro level, the strides made toward fiscal consolidation and the raising of the VAT level for small-to-medium businesses are highly positive developments for key socio-economic measures, including employment.

    Government has been highly consistent in emphasising the importance of small-to-medium businesses as part of its overall national economic growth strategy. Page 39 of the National Development Plan 2030 explicitly states “that most new jobs are likely to be sourced in domestic-orientated businesses, and in growing small- and medium-sized firms.”

    Impact investing: Enabling businesses through commerce and impact

    At what is a critical juncture for South Africa’s economy, a topic that merits significant attention when talking of growth, and driving change and impact is the role of impact investing in growing small-to-medium businesses and driving economic sustainability.

    Impact investing is closely aligned with ESG principles for sustainable impact. Large corporations are seeking ways to deploy their capital that serve both commercial and impact imperatives simultaneously, guided by relevant industry regulations and statutes. Recently, Anglo American, together with Kumba Iron Ore launched an impact investment facility (with Kumba Iron Ore committing ZAR 51,2 million) aimed at assisting small-to-medium businesses in underserved regions across South Africa.

    Another player in the impact finance space is Edge Growth which, in collaboration with its various partners, has deployed about ZAR1,75 billion into growing a sustainable ecosystem for small-to-medium businesses. These are some of the examples of how corporates are finding ways to position capital expenditure under the impact umbrella.

    These moves have been complemented by movement within the public sector, with government making strides towards the growth of impact investment in South Africa through the launch of the National Taskforce for Impact Investing in 2019. President Cyril Ramaphosa noted in his 2026 State of the Nation address that the foundation of the government’s plan to revive growth and drive inclusion is investment. In particular, public infrastructure and “labour-intensive growth sectors that are capable of future growth”.

    Government recognises the long-term dividends that can be realised through priority capital investment, which strongly mirrors the core objectives of impact investment and associated ESG frameworks. A further positive signal is the expression of interest by international investors seeking to unlock the value that inhabits South Africa’s economy.

    Legislative gaps: An impact investment inhibitor

    The potential of impact investing to support the long-term goals of a development-focused state is significant.

    However, while South Africa’s economic growth story may be entering a more positive chapter in 2026/27, from a regulatory standpoint, there remains considerable limitation within South Africa’s impact investment regime. South Africa has a well-developed regulatory framework for mainstream investing, anchored by the Companies Act framework, B-BBEE laws, tax laws and the growing consideration of ESG requirements and factors.

    Yet the absence of a bespoke impact investing regulatory framework, the lapse of key tax incentives, the voluntary nature of sustainability disclosures, fiduciary duty ambiguity, and structural constraints on institutional capital represent significant barriers that limit the scale and effectiveness of impact capital in the country.

    Attracting meaningful levels of impact investment in South Africa requires a regulatory regime that can adequately protect that investment, one that complements the asset class’s dynamism.

    What this regime should look like, and the legislative and policy adjustments required to create an attractive environment for local and international impact investors are key questions that must be addressed.

    The current trajectory of both domestic and internal jurisprudence reflects a discernible shift toward greater scrutiny of non-financial representations, such as ESG commitments and sustainability disclosures – and the broader consequences of investment activity; yet these developments remain fragmented and largely reactive.

    Domestically, the gap is even more striking. Impact‑related considerations seldom feature in judicial reasoning, leaving the core features of impact investing only partially understood and inconsistently applied in legal contexts. The result is a system that has not yet caught up with the ambitions of investors seeking to align commercial returns with social and environmental outcomes.

    If we want impact investing to play the transformative role it is capable of, we need a more deliberate and integrated legal approach, one that recognises impact not as a peripheral concern, but as a legitimate and vital component of investment decision‑making.

    As the market continues to evolve, it will be crucial to watch how jurisprudence responds and to learn from new examples emerging both locally and internationally that may point the way toward a more coherent and future‑fit framework.

    Written by Thandekile Mbatha, Associate, Webber Wentzel

    Follow on Google News
    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email Copy Link WhatsApp

    Related Posts

    Could Work be a Place Where Women Feel Safe?

    October 28, 2026

    Mercedes-Benz Opens 2027 Bursaries as East London Plant Weighs Its Future

    October 21, 2026

    How Media Analysis Drives Business Value

    October 19, 2026

    Aon SA Highlights the Importance of Ongoing Property Safety

    October 19, 2026
    Top Posts

    Absa Launches Grant Fund to Back Young Entrepreneurs

    July 26, 20263,341

    Old Mutual Shareholders Reject CEO Pay Plan

    July 16, 20263,230

    PIC Board Suspends Its CEO

    July 13, 20262,910

    Avatar Confirms Ngubane’s Abrupt Exit as Co-Chief Creative Officer

    July 22, 20262,570
    Don't Miss

    BLSA Reform Tracker Records Highest Score Since Monitoring Began

    October 28, 2026 ECONOMY

    Reforms are getting some of their mojo back, with the completion index rising to 72.5,…

    Gauteng Manufacturing Hub Faces Triple Whammy of Port Delays, Power Outages and Low-Cost Inferior Imports

    October 28, 2026

    How Business Ownership Changes the CFO Brief

    October 28, 2026

    Lowveld Mall Wins Retail Development Spectrum Award

    October 28, 2026
    Stay In Touch
    • Twitter
    • LinkedIn
    • Facebook

    Business Explainer proudly displays the “FAIR” stamp of the Press Council of South Africa, indicating our commitment to adhere to the Code of Ethics for Print and online media which prescribes that our reportage is truthful, accurate and fair. Should you wish to lodge a complaint about our news coverage, please lodge a complaint on the Press Council’s website, www.presscouncil.org.za or email the complaint to khanyim@presscouncilsa.org.za Contact the Press Council on 011 4843612.

    Facebook X (Twitter) LinkedIn
    Categories
    • TRENDING
    • EXECUTIVES
    • COMPANIES
    • STARTUPS
    • GLOBAL
    • AGRICULTURE
    • DEALS
    • Ai
    • ECONOMY
    • MOTORING
    • TECHNOLOGY
    contact us
    • Get In Touch
    Facebook X (Twitter)
    • Privacy Policy
    © 2026 Business Explainer .

    Type above and press Enter to search. Press Esc to cancel.