Understanding the investigation process of the B-BBEE Commission: Part 1

Source: Explanatory Notice 1 of 2023 of the B-BBEE Commission A couple of decades down the line anyone doing business in South Africa will by now have been exposed to the inner workings of B-BBEE in one form or another. Most, however, probably do not know or understand how the BEE Commission deals with complaints […]

Employment Equity Act: Draft Regulations on Proposed Sectoral Numerical Targets

On 1 February 2024, the Minister of Employment and Labour published the draft regulations on proposed sectoral numerical targets. The amendments made to the Employment Equity Act, of 1998 enacted in 2023 were accompanied by two sets of draft regulations, published in 2018 and 2023 respectively. A recent article named “The Employment Equity Bill and […]

Draft Amended Aviation Sector – Statement ASC400 – ENTERPRISE AND SUPPLIER DEVELOPMENT FOR SPECIALISED ENTERPRISES

This is part six of a series of articles summarizing the draft Aviation sub-sector code. This article discusses the Enterprise and Supplier Element of the Scorecard with respect to SPECIALISED ENTERPRISES. What are the B-BBEE requirements for a Specialised Entity? Specialised entities are classified into three categories, that is exempted micro-enterprise (EME), qualifying, small enterprise […]

Draft Amended Aviation sub-sector code of 2016 – part 2

This is part two of a series of articles explaining the draft Aviation sub-sector code. In March 2021 the Department of Transport hosted a summit for the Review of Civil Aviation Policy and specifically B-BBEE transformation. During the summit reference were made to the following legislation, Policies, Strategies, and information: PRIORITY ELEMENTS, SUBMINIMUM AND DISCOUNTING […]

Draft Amended Aviation sub-sector code of 2016 – part 2

This is part two of a series of articles explaining the draft Aviation sub-sector code. In March 2021 the Department of Transport hosted a summit for the Review of Civil Aviation Policy and specifically B-BBEE transformation. During the summit reference were made to the following legislation, Policies, Strategies, and information: PRIORITY ELEMENTS, SUBMINIMUM AND DISCOUNTING […]

Procedure for requesting a non-binding advisory opinion from the B-BBEE Commission

Section 13F(3)(b) of the Broad-Based Black Economic Empowerment Act 53 of 2003, as amended by Act 46 of 2013 (“the Act”), requires the B-BBEE Commission to increase knowledge on the nature and dynamics and promote public awareness on matters relating to broad-based black economic empowerment (“B-BBEE”). The B-BBEE Commission does this by providing guidance through […]

Broad-based black economic empowerment for organs of state and public entities

Knowing that Eskom just received their Level-4 BEE status, one can only wonder how easy (or difficult) that process was given their track record of electricity supply to South Africa. If their record-keeping was of a similarly poor standard it must have taken many weeks to work complete the process. Any state and public entity […]

Broad-based black economic empowerment for organs of state and public entities

Knowing that Eskom just received their Level-4 BEE status, one can only wonder how easy (or difficult) that process was given their track record of electricity supply to South Africa. If their record-keeping was of a similarly poor standard it must have taken many weeks to work complete the process. Any state and public entity […]

Enterprise and Supplier Development – an overview

Enterprise Development (ED) and Supplier Development (SD) is one of the three priority elements of the Broad-Based Black Economic Empowerment (B-BBEE) Scorecard. The aim is to strengthen local procurement, enhance local supplier development programmes and increase financial support towards black entities. The measured entity (ME) is required to achieve a 40% sub-minimum on the total […]