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 […]

Leniency Programmes and Reporting of Major B-BBEE transactions

On 01 April 2022, the annual B-BBEE Commission’s Conference was held. The conference included a presentation “Outcomes of the Impact Assessment Study on the Mandate of the B-BBEE Commission”. The main points of contention from the presentation is that adherence to the B-BBEE Act with respect to reporting of major transactions was still lacking. The […]

“Liquor Licences” and B-BBEE

Are you aware that B-BBEE compliance is part of the requirements when applying for a” Liquor Licence”? Below are some extracts from the Department of Trade and Industry’s website regarding application requirements. “HOW TO APPLY FOR A MANUFACTURING AND/OR DISTRIBUTION LICENCE” INSTRUCTION C: B-BBEE AND COMBATING ALCOHOL ABUSE The applicant needs to indicate their commitment […]

Draft Amended Tourism Sector Charter

In this article, we focus on the Amended Sector Code for the Tourism Sector which was gazetted on 27 September 2019 (Gazette Number 42725). In the Gazette the Tourism B-BBEE Charter Council has requested public feedback by no later than 30 November 2019. Following the issuing of the amended Generic Codes of Good Practice on […]

Socio-Economic Development

In this article we focus on the basic criteria of the Socio-Economic Development Element within the scope of the B-BBEE Act, Number 53 of 2003. Socio-economic development is the fifth element that an entity is measured on.  Socio-Economic Development (SED) contributions are any monetary or non-monetary contribution implemented for individuals (natural individual or group of […]

The Tourism Sector Code within the B-BBEE Act

In this article we focus on the basic criteria of the Tourism Sector Charter within the scope of the B-BBEE Act, Number 53 of 2003. The amended sector code was gazetted on 20 November 2015. The amended charter is extensive in detail and contains criteria vastly different to that of other sector charters. The Amended […]