The DTIC has released draft Codes of Good Practice for public commentary linked to a deadline of 28 March 2026.
The draft statements in question are:
- DRAFT STATEMENT 400: THE GENERAL PRINCIPLES FOR MEASURING ENTERPRISE AND, SUPPLIER DEVELOPMENT
- DRAFT STATEMENT 000: GENERAL PRINCIPLES AND THE GENERIC SCORECARD
- DRAFT STATEMENT 004: SCORECARDS FOR SPECIALISED ENTERPRISES
- CODE SERIES 600: CODES OF GOOD PRACTICE FOR QUALIFYING SMALL ENTERPRISES (QSE’S)
- CODE SERIES 100: THE MEASUREMENT OF THE OWNERSHIP ELEMENT OF BROAD-BASED BLACK ECONOMIC EMPOWERMENT STATEMENT 103: THE RECOGNITION OF EQUITY EQUIVALENTS FOR MULTINATIONALS
- BROAD BASED BLACK ECONOMIC EMPOWERMENT ACT (Act No. 53 of 2003) SCHEDULE 1: INTERPRETATION AND DEFINITIONS
Each statement has been published on the DTIC’s website found on link https://www.thedtic.gov.za/
One controversial amendment of which there is no obvious link to in the title is that of the BEE TRANSFORMATION FUND found in DRAFT STATEMENT 000: GENERAL PRINCIPLES AND THE GENERIC SCORECARD. The reader would be unaware of this Transformation Fund’s inclusion if the entire draft statement was not read.
Examples of newly included wording amendments are:
NOTE: [ ] Words in square brackets indicate deletions from existing enactments.
“3.3.1.3 Enterprise Development, and Supplier Development, and TRANSFORMATION FUND:
3.3.1.3.1 The sub-minimum requirement for Enterprise and Supplier Development is 40% of the total weighting points for each of the [three] four categories, excluding bonus points, within the Enterprise Development, [and] Supplier Development AND TRANSFORMATION FUND element, namely preferential procurement (40% of the [25] 27 points); Supplier Development (40% of the 10 points), [and] Enterprise Development (40% of the 5 points), AND TRANSFORMATION FUND (40% of the 20 points)…
and
3.3.2.2 A Qualifying Small Enterprise is required to comply with Ownership as a compulsory element, and either Skills Development or Enterprise, Development, [and] Supplier Development AND TRANSFORMATION FUND, with the exclusion of black-owned QSEs in terms of paragraph 5.3 below…”
Coupled with these changes is an increase in the weighting points for Enterprise and Supplier Development from 40 to 62 as well as an increase in bonus points from 4 to 6. This affects the overall total weighting points with an increase to a maximum value of 142 points for all elements.
Additionally, SCHEDULE 1: INTERPRETATION AND DEFINITIONS, has been updated to include a new definition as follows:
“The Transformation Fund” means an aggregated mechanism to accelerate economic transformation and support Black enterprises, particularly EMEs and QSEs. It aims to pool resources from measured entities to create a scalable impact rather than fragmented individual ESD initiatives.
Interested parties are cautioned to thoroughly read each draft amendment, and where necessary, provide commentary to the DTIC as such amendments have a far-reaching outcome for all businesses in South Africa. Change is inevitable, but not all change is necessarily good unless properly implemented and managed.
Brief detail of amendments in each statement will be noted in an upcoming article.
Whilst we are on the topic of B-BBEE and recently published gazettes, the DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT NO.7032 on 28 January 2026 published “APPLICATION FOR MARKET ACCESS PERMITS FOR AGRICULTURAL PRODUCTS IN TERMS OF THE WORLD TRADE ORGANISATION (WTO) AGREEMENT FOR 2026”. This is an annual requirement beginning in February each year for the agricultural sector.
“In order to fulfil South Africa’s commitment under the WTO: Marrakesh Agreement regarding market access, it is hereby made known that market access permits will be issued for the products specified in Table 1 of Import Arrangements and under the conditions set out in the Schedule.
Permits will be issued only to importers in South Africa for importation into the Republic for the quantities and at the reduced levels of duty as specified in Table 1 (of the Gazette)…
MR. M. RAMASODI
DIRECTOR-GENERAL: AGRICULTURE”…
