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Black Economic Empowerment

Latest News about Broad-Based Black Economic Empowerment (B-BEEE)

Complying with Broad-Based Black Economic Empowerment (B-BEEE) requirements is voluntary, but it may incentivise the private sector to buy from you and it may improve your access to the corporate markets. Additionally, you must be 100% B-BBEE compliant to do business with any government body or public sector. Below are numerous articles and insights examining the far reaching effects of BEE on the South African economic landscape.

Fronting under the BBBEE Act

A fronting practice is defined in the Broad-Based Black Economic Empowerment Act 53 of 2003 as amended (the “BBBEE Act” or the “Act”) as: “a transaction, arrangement or other Act or conduct that undermines the achievement of the objectives of the Act.” Section 1(c)…

Provided By SchoemanLaw Inc

by Nicolene Schoeman-Louw

A marriage of for-profit and not for profit: An empowerment compliance dream? – Public Benefit Organisations

A Public Benefit Organisation (“PBO“) is defined in the Income Tax Act 58 of 1962 as amended (“ITA”) as a South African non-profit company or a trust which has the sole or principal object of carrying out one or more public benefit activities. A PBO enjoys various tax…

Provided By SchoemanLaw Inc

by Nicolene Schoeman-Louw

Draft Public Procurement Bill on track

The Draft Public Procurement Bill is on track. President Ramaphosa, during remarks at the SMME programme of the Second South Africa Investment Conference, announced that the...

Affirmative Action: Ten lessons learnt from recent case law

The Employment Equity Act 55 of 1998 (EEA) was established to achieve equity in the workplace through the elimination of unfair discrimination and the implementation...

by Hugo Pienaar and Sean Jamieson

Affirmative Action: Ten lessons learnt from recent case law

The Property Sector Transformation Code: Estate agent’s take note

The Property Sector needs to be aware of the Property Sector Transformation Charter Code (“the Property Charter”) as Section 20(1) of the Property Practitioners Bill...

Has the Mining Charter 3 brought some policy & regulatory certainty to the embattled mining & natural resources sector?

The publication of the Broad-Based Socio Economic Empowerment Charter for the Mining and Minerals Industry 2018 (“Mining Charter 3”) on 27 September 2018 was generally...

by Warren Beech

B-BBEE Commission releases annual report on B-BBEE status and trends for 2018

Despite a slight decline in black ownership, the Broad-Based Black Economic Empowerment (B-BBEE) Commission has welcomed the widening of the audit scope of the Auditor-General...

Realising the full potential of broad-based black economic empowerment trusts

Trusts are regulated by the Trust Property Control Act No. 57 of 1988 (“Trust Property Control Act”) and are defined as the arrangement through which...

by VDMA Attorneys

Realising the full potential of broad-based black economic empowerment trusts

Minister reveals details of final Mining Charter 2018

In a media briefing by Minister Gwede Mantashe today (27 September 2018), the highlights of the final version of the revised Mining Charter 2018 were...

by Giada Masina

Minister reveals details of final Mining Charter 2018

Knowing your B-BBEE reporting requirements

In an attempt to monitor racial diversity and transformation, the Johannesburg Stock Exchange (“JSE”) amended its Listings Requirements, in conjunction with the adoption of the...

by Greg Shapiro and Nikhil Lawton-Misra

Broad-Based Black Economic Empowerment Commission finalises its first case

On 23 January 2018, the Commission issued final findings against SAB & T BEE Services (Pty) Ltd (“SAB&T“) and Ms Shameema Ismail (“Ismail“). This is...

by Pieter Steyn

Broad-Based Black Economic Empowerment Commission finalises its first case

Understanding socio-economic development as BEE element

Socio-Economic Development forms part of the government’s Black Economic Empowerment (BEE) policy. It is the 5th element of the BEE Scorecard for both Qualifying Small...

by Dominique van Deventer

Understanding socio-economic development as BEE element

Recent High Court case clarifies fronting practices

Given the serious consequences of fronting practices, it is vital that businesses carefully review their existing and future B‑BBEE initiatives including B‑BBEE ownership structures to...

by Pieter Steyn

Recent High Court case clarifies fronting practices

Competition Code of Conduct for the automotive sector: Calls for submissions

On 22 September 2017, the Competition Commission published for comments its Draft Competition Code of Conduct for the Automotive Industry. Comments must be submitted by...

by Jennifer Finnigan

Competition Code of Conduct for the automotive sector: Calls for submissions

Registration of B-BBEE transactions

On 9 June 2017, the Minister of Trade and Industry published the final threshold for the registration of major Broad-Based Black Economic Empowerment (“B-BBEE”) transactions...

by Greg Shapiro and Nikhil Lawton-Misra

Reviewed mining charter published amid threats of court application to stop its implementation

The Reviewed Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2017 (the 2017 Mining Charter) was published on 15 June...

by Wandisile Mandlana, Charles Young and Claire Tucker

Reviewed mining charter published amid threats of court application to stop its implementation

South Africa: New procurement regulations promote Broad Based Black Economic Empowerment

New regulations in terms of the Preferential Procurement Policy Framework Act (“PPPFA“) have been published and will take effect from 1 April 2017. The regulations...

by Pieter Steyn

Black ownership as a requirement for doing business with government

The South African Preferential Procurement Regulations (PPR) are the legal basis for BBBEE and black ownership preferment by the State when they do business. The...

by Claire Tucker

Black ownership as a requirement for doing business with government

Revised Construction Sector Code deconstructed

The DTI issued the draft Amended Construction Sector Code for public comment (Revised Construction Sector Code) on 28 October 2016. The purpose of the Revised...

by Lauren Wilson and Verushca Pillay

construction sector code

Long-awaited B-BBEE thresholds published

In a previous newsflash, we highlighted the significant changes made to the broad-based black economic empowerment (“B-BBEE”) landscape in South Africa that were introduced by the...

by Sanjay Kassen

Long-awaited B-BBEE thresholds published

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BEE SCORING

2013 BEE CODES	BEE STATUS	PROCUREMENT RECOGNITION
100+	1	135%
95-100	2	125%
90 - 95	3	110%
80 - 90	4	100%
75 - 80	5	80%
70 - 75	6	60%
55 - 70	7	50%
40 - 55	8	10%