Black Economic Empowerment

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 amendments proposed in terms of the King IV Report on Corporate Governance, …

Topics: Black Economic Empowerment | Commercial & Corporate Law

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 the first case that the Commission has finalised since it was established in April 2016 and resulted…

Topics: Black Economic Empowerment | Criminal Law

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 Enterprises (QSEs) and Generic Entities. Socio-Economic Development contributions Socio-Economic…

Topics: Black Economic Empowerment

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 ensure compliance with the B-BBEE Act. In the recent High Court case…

Topics: Black Economic Empowerment | Dispute Resolution

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 3 November 2017. The code follows an advocacy process in the automotive aftermarket industry…

Topics: Black Economic Empowerment | Competition & Antitrust Law | Government, Politics & Policy

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 with the B-BBEE commission (“Commission”). A “Major B-BBEE Transaction”…

Topics: Black Economic Empowerment

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 2017 and has been met with severe criticism. The 2017 Mining Charter is applicable immediately…

Topics: Black Economic Empowerment | Mining Law

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 replace the previous 2011 regulations and introduce several important changes which have …

Topics: Black Economic Empowerment

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 PPR were amended last week and the changes take effect in April 2017. There are three important elements…

Topics: Black Economic Empowerment

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 Construction Sector Code is to, inter alia, align to the principles contained in the Amended Generic Codes…

Topics: Black Economic Empowerment | Commercial & Corporate Law | Construction & Engineering Law

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 new B-BBEE Regulations (the “Regulations”) issued by the Department…

Topics: Black Economic Empowerment

Recent changes to the BEE landscape

There have been several changes to the BEE regulatory landscape in the past 24 months or so. This document summarises the key changes. Amendments to the Broad-Based Black Economic Empowerment Act, No 53 of 2003 (BBBEE Act) became effective from October 2014 and amendments…

Topics: Black Economic Empowerment | Commercial & Corporate Law | Mining Law

New B-BBEE Regulations Demand Greater Transparency And Scrutiny

Over the past year, the broad-based black economic empowerment (“B-BBEE”) landscape in South Africa has been completely overhauled and has become more stringent. Among the most significant changes are the: criminalisation of fronting practices establishment…

Topics: Black Economic Empowerment | Commercial & Corporate Law

Notification of Major BEE Transactions and Annual Reporting to the BEE Commission

The Minister of Trade and Industry published the final Broad-Based Black Economic Empowerment Regulations in terms of the Broad-Based Black Economic Empowerment Act (BEE Act) in the Government Gazette on 6 June 2016. The Regulations came into effect the…

Topics: Black Economic Empowerment | Commercial & Corporate Law

Home Is Where The Mine Is – Housing Rights for Mine Workers

On 15 April 2016, the Minister of Mineral Resources published the draft Reviewed Broad Based Black-Economic Empowerment Charter for the South African Mining and Minerals Industry 2016 (“the draft reviewed Mining Charter”) for public comment, addressing…

Topics: Black Economic Empowerment | Commercial & Corporate Law | Labour Law | Mining Law | Tax Law

Revised Aligned ICT Sector Code Now Published For Public Comment

The Minister of Trade and Industry (Minister) published a draft aligned ICT sector code for public comment in the Government Gazette on 24 February 2016. Five days later, on 29 February 2016, the Minister published a further notice in the Government Gazette,…

Topics: Black Economic Empowerment | Commercial & Corporate Law | Media & Entertainment Law | Technology Law

What is the new B-BBEE scorecard and how does it work?

The new B-BBEE scorecard came into effect in 2013. Although the basic principles of BEE are still intact, the elements of the scorecard, it weightings and calculations have changed a bit. Business owners and managers are encouraged to gain a decent understanding…

Topics: Black Economic Empowerment | Commercial & Corporate Law

The skills development pillar of the revised Codes Of Good Practice explained

One of the most important changes in the Revised Codes of Good Practice (RCoGP) is that there are now three priority pillars: Ownership; Skills Development; and Enterprise and Supplier Development.…

Topics: Black Economic Empowerment | Government, Politics & Policy | Labour Law

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%

Knowing your B-BBEE reporting requirements

Broad-Based Black Economic Empowerment Commission finalises its first case

Understanding socio-economic development as BEE element

Recent High Court case clarifies fronting practices

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

Registration of B-BBEE transactions

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

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

Black ownership as a requirement for doing business with government

Revised Construction Sector Code deconstructed

Long-Awaited B-BBEE Thresholds Published

Recent changes to the BEE landscape

New B-BBEE Regulations Demand Greater Transparency And Scrutiny

Notification of Major BEE Transactions and Annual Reporting to the BEE Commission

Home Is Where The Mine Is – Housing Rights for Mine Workers

Revised Aligned ICT Sector Code Now Published For Public Comment

What is the new B-BBEE scorecard and how does it work?

The skills development pillar of the revised Codes Of Good Practice explained

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