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B-BBEE>> B-BBEE Sector Charters
B-BBEE Sector Charters
In February 2007, the dti gazetted the
Black Economic Empowerment (BEE) Codes of Good Practice, in terms
of which a number of Transformation Sector Charters (also referred
to as Sector Charters) were introduced, vetted and analysed for
compliance, as per the stipulations of either Section 9 or
12 of the B-BBEE Act, No. 53 of 2003.
The responsibility of the dti is to
ensure that Sector Charters submitted for gazetting are
sufficiently aligned to the B-BBEE Act and Codes of Good Practice
and more importantly, that they advance the objectives of
sustainable B-BBEE.
A B-BBEE Sector Charter, gazetted in terms of
Section 12 of the B-BBEE Act, means that it:
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Has been developed and agreed upon by major
stakeholders in the industry;
-
Is published for information purposes only
and used as a statement of intent by industry players; and
-
Is fully binding between and among businesses
operating in the industry.
NB: A Sector Charter gazetted in terms
of Section 12 has no bearing on state organs and departments.
A B-BBEE Sector Charter, gazetted in terms of
Section 9(5) of the B-BBEE Act, means that it:
-
Is a Draft Sector Code, which has complied
with the provisions of Section 12 of the B-BBEE Act, in
that major stakeholders have agreed to the stipulations of the
Charter; and
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Is a Draft Sector Code, which has been
published nationally for public comment and input, for a period
of sixty (60) days.
A B-BBEE Draft Sector Code, gazetted in terms
of Section 9(1) of the B-BBEE Act, means that it:
-
Becomes a Sector Code of Good Practice
(Sector Code) and shares the same status as the B-BBEE Codes of
Good Practice, published by the Minister of Trade and Industry,
in February 2007; and
-
Is fully binding between and among businesses
operating in the industry.
Definitions of Concepts
| B-BBEE Act |
Any reference to 'the
Act' means the B-BBEE Act |
| Transformation Sectors |
Section 12 of the
Act refers to the gazetting of Transformation Charters. These
are also referred to as Sector Charters, developed by major
stakeholders in the relevant industries, and seek to achieve
broad-based transformation. |
| Sector Charters |
These are the same as
Transformation Charters, and are developed by major stakeholders
in the relevant industries. They are referred to as Sector
Charters for as long as they are gazetted under Section
12 of the Act. |
| Draft Sector Codes |
These refer to Sector
Charters that have been submitted to the dti for
gazetting in terms of Section 9(5) of the Act. |
| Sector Codes of Good
Practice (Sector Codes) |
These refer to the Draft
Sector Charters that have been gazetted in terms of
Section 9(1) of the Act. |
| Generic Codes |
These refer to the Codes
of Good Practice that were gazetted in February 2007, in terms
of the Act. |
Sector Codes gazetted under Section 9(1):
| Sector Codes |
Effective date |
Highlight |
Gazette number |
| Integrated
Transport Sector Codes |
21 August 2009 |
- The Minister of Trade and Industry, Dr Rob Davies (MP)
announced the gazetting of the Integrated Transport Sector
Codes, in terms of the B-BBEE Act. The Integrated Transport
Sector Codes comprise eight (8) sub-sectors, which seek to
boost one of South Africa's largest infrastructure and Gross
Domestic Product (GDP) contributors. In alignment with
government's national transport action plan, the Codes aim to
fast-track the implementation of efficient transportation,
freight and logistics sectors within the economy. One of the
main highlights is the achievement of a 35% black-ownership
target, within a period of five (5) years, as prescribed by the
Bus Commuter Service Sub-Sector Code. Unlike other Sector Codes
gazetted earlier this year, the Integrated Transport Sector
Codes will be continuously reviewed, at five (5) year
intervals, from the date of publication thereof.
|
Download Government
Gazette 32511 here |
| Forest Sector Code
|
12 June 2009 |
- The Sector Code is an industry-agreed empowerment
initiative in the Forest Sector and seeks to deal with
transformation challenges in Forest Sub-Sectors of commercial
primary growth, fibre production, contracting, sawmilling, pole
and charcoal.
- The Forest Sector Code gives bonus points as an
incentive for enterprises to achieve the requisite 30% BEE
ownership. It further seeks to encourage and support entities
to undertake BEE-compliant procurement and job creation
initiatives in the sector.
|
Download Government
Gazette 32320 here:
Part
1 (Pages 1-24) [PDF]
Part
2 (Pages 25-36) [PDF]
|
| Construction Sector
Code |
5 June 2009 |
- It presents the industry with the ideal opportunity
for the advancement of transformation and BEE in the
procurement of construction programmes and services. The Code
also seeks to regulate a target of 30% black ownership in the
industry over the next 10 years.
|
Download Government
Gazette 32305
here [PDF] |
| Tourism Sector Code
|
22 May 2009 |
- The highlight of the Tourism Sector Code is that it
has a reduced threshold of R2,5 million, as compared to a
threshold of R5 million, set out in the Generic Codes. This
decrease seeks to ensure that a significant number of
enterprises doing business in the tourism industry are not
excluded from compliance with the Sector Code.
|
Download Government
Gazette 32259 here
[PDF] |
| Chartered Accountancy Sector Code |
10 May 2011 |
- With this charter, the Chartered Accountancy
Profession aims to increase the number of black people,
particularly black women entering the profession, to reflect
the country's demographic population. Black Chartered
Accountants have been identified as possessing critical skills
that are in short supply and yet in great demand in South
Africa. The Sector aims to achieve 32,5% black ownership target by 2016.
|
Download Government
Gazette 34267
Part
1 [PDF]
Part
2 [PDF]
Part
3 [PDF]
Part
4 [PDF] |
Sector Charters gazetted under Section 9(5)
| Draft Sector Charter |
Effective date |
Highlight |
Gazette number |
| Draft Financial Sector Charter |
10 December 2010 |
- After an agreement, endorsed by the Minister of Trade and Industry and Minister of Finance, stakeholders in the Financial Services Sector agreed that the Financial Services Charter be gazetted
in two phases. On the 17 December 2010 the Phase I of the Financial Services Sector charter was gazetted in terms of Section 9 (5) for public comments.
- One of the key unique features of the Phase I Draft Financial Sector Code is an introduction of an extra element which makes it eight (8) in total and not seven (7) as in the Generic Codes.
The extra element is called Access to Financial Services, which aims to facilitate access to finance for black people and black people owned enterprises.
- Qualifying Small Enterprises in the financial sector must select any five elements of the eight (8) elements and not four (4), which is what is stipulated in the Generic Codes.
- Phase II will provide further details on all aspects of the charter including issues of Access to Financial Services, Empowerment Financing, Enterprise Development and some aspects of
measurement of Black ownership.
| Download Government
Gazette 33857 here
[PDF] |
| Draft Financial Sector Charter Phase 2 |
2 March 2012 |
- Phase II of the FSC introduces additional two elements; Empowerment Financing and Access to Financial Services. These elements are intended to
broaden the transformation process by making financial services accessible to the previously unbanked and undeserved,' he said
- The set target for ownership is 25% with Direct Portion being 15% and the Indirect Portion 10%. Local entities have an option of accomplishing an
outright 15% direct ownership or through a combination of 10% direct and a maximum of 5% of the portion by way of Equity Equivalents. The 5% should be
used for enterprise development and other developmental initiatives. Foreign Banks may accomplish the entire 25% ownership target by way of Equity
Equivalents.
- The other key highlight of the Charter is that Qualifying Small Enterprises in the Financial Service sector must select any five (5) elements of the
eight (8) elements and not four (4), which is what is stipulated in the Generic Codes.
| Download Government
Gazette No. 35092 (Part 1) here
[PDF]
Download Government
Gazette No. 35092 (Part 2) here
[PDF] |
| Draft Information and Communication Technology (ICT) Charter |
10 June 2011 |
- Inputs and comments are invited on the Draft Information and Communication Technology Charter effectively from 10 June 2011 to 10 August 2011.
- The ICT sector has set a black ownership target of 30% to be achieved by entities in the sector.
- The main feature of the charter is a set target of 5% Net Profit After Tax to be spend on enterprise development initiatives that are aimed at growing and developing black owned ICT enterprises.
- Another key highlight is the spend of 1.5% of Net Profit After Tax on Socio Economic Development Initiatives to improve the lives of communities through programmes such as
ICT's in education, and health. The ultimate goal is to bridge the digital divide in the country.
| Download Government Gazette 34359 here
[PDF] |
| Draft Property Sector Charter |
15 October 2010 |
- The unique aspects of the property charter is that the charter introduces peculiar targets such as measurements for Economic Development which will be used by businesses and entities in the
sector to invest in properties in underdeveloped areas and thus reduce service inequalities and the limited tradability of properties in these areas.
-
In recognition of the nature of the industry where majority of ownership by listed companies is through mandated investments that are far beyond 40%, a special consent is given for only property listed
companies and Property Unit trusts to cap the mandated investment at 70% which is higher than the 40% in the Generic Codes.
|
Download Government
Gazette 33660
Part 1
Part 2
Part 3
Rectification notes, Government Gazette 33739
|
Sector Charters gazetted under Section 12
| Sector Charter |
Effective date |
Gazette number |
| Agri-BEE Charter |
20 March 2008 |
Download Government
Gazette 30886 here
[PDF] |
| Marketing, Advertising and
Communication (MAC) Sector Charter |
29 August 2008 |
Download Government
Gazette 31371 here [PDF] |
Enquiries regarding the above can be directed
to:
Jacob Maphutha
Tel.: +27 12 394 3430
Fax: +27 12 394 4430
E-mail: jmaphutha@thedti.gov.za
or
Xolisile Zondo
Tel.: +27 12 394 1609
Fax: +27 12 394 2609
E-mail: xzondo@thedti.gov.za
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