Summary Of The B Bbee Codes Of Good Practice-Books Pdf

Summary of the B BBEE Codes of Good Practice
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docu qxd 3 15 2007 7 16 PM Page 2, Summary of Obstacles Implications Solutions presented by the Codes and Relevant Statements. Historical BEE Implications Solution presented by the Codes of Applicable COGP. Implementation Good P Practice Statements, Lack of uniform Created confusion as the same BEE Standardisation of BEE recognition and Primary Statement 000. framework for the initiatives or transactions may have measurement principles to provide Secondary Codes of Good. recognition and received different BEE recognition by clarity Practice in general. measurement of BEE different organs of state business. entities and verification agencies, Extensive delays in BEE Sectors were often locked in Standardisation of BEE recognition and Primary Statement 000. implementation due to contentious debates around certain measurement principles to provide Secondary Codes of Good. differences in aspects of BEE thereby delaying the clarity Practice in general. interpretation implementation of broad based BEE, initiatives. Disparity in definitions Different charters introduced Specification of the requirements for the Primary Statement 000. and targets in charters definitions targets and processes development and recognition of industry Secondary Codes of Good. and other BEE which may have diluted or negated the charters reducing disparity in principles Practice in general. requirements impact of the Strategy and and definitions as a result of industry. circumvented the principles of the BEE charters, Status of transformation Confusion and delays in BEE Specification of the requirements for the Primary Statement 003.
charters was unclear implementation resulted since development and recognition of industry. companies were uncertain as to the charters, status and application of charters. Lack of underlying Many BEE transactions boasted high Provision of a balanced ownership Primary Statement 100. economic substance to percentage levels of legal black scorecard which measures voting rights. many BEE transactions ownership but often the actual and net economic interest in the hands. economic benefits accruing to black of black people. shareholders proved to be significantly, Fronting due to lack of Lack of understanding of BEE and its Provision of definitions principles and Primary Statement 100. implementation elements often resulted in fronting and processes to implement proper BBBEE Secondary The Codes of. guidelines meant that fronting was more difficult initiatives Good Practice in General. Very little Despite various attempts at The codes encourage focus to be given Primary Statement 200. transformation within transformation within entities there is for black representation at junior 300. management levels still a lack of sufficient representation middle senior and top management. of black people within management levels within organisations. Uncertainty as to what Skills spend may not necessarily have Alignment of skills development spend Primary Statement 400. type of skills been aligned to a particular learning on black employees to the learning. development initiatives outcome programme matrix as issued under the. could be counted Skills Development Act to ensure clear. towards skills and quantifiable outcomes, development spend. Narrow based Only a limited number of black people The Codes promote broad based BEE Primary Statement 500. recognition tended to have tended to benefit from black which by encouraging that procurement. benefit a limited economic empowerment to date opportunities be made available to B. number of black people BBEE compliant suppliers Black owned. with access to capital and black women owned entities small. and micro enterprises, docu qxd 3 15 2007 7 17 PM Page 3. Historical BEE Implications Solution presented by the Codes of Applicable COGP. Implementation Good Practice Statements, Lack of awareness of Unlike corporate social investment Code 600 outlines the principle of Primary Statement 600.
enterprise development enterprise development is a fairly new enterprise development as well as. in and of itself as well concept and fairly specific to broad supplying numerous examples of what. as a lack of awareness based BEE For this reason the lack of kinds of initiatives constitute enterprise. of what constitutes documentation with examples of what development. enterprise development constitutes enterprise development has. made enterprise development one of, the least implemented elements on the. Corporate social The black majority remain largely Code 700 whilst acknowledging that Primary Statement 700. investment initiatives outside of the mainstream economy certain social objectives may not. were not necessarily necessarily facilitate access to the. linked to the objective mainstream economy nevertheless. of brining their encourages the implementation of, beneficiaries into the initiatives which are socio economic in. mainstream economy nature and which are linked to the. concept of assisting black people to be, better equipped to access the. mainstream economy, BEE was seen as an Small businesses tended to ignore BEE Exemption of all entities with an annual Primary Code series 800. obstacle to small or resort to fronting techniques to turnover of less than R 5 million. business development maintain clients for business purposes. due to an increase in The inclusion of comprehensive. the regulatory burden statements for the measurement of. broad based BEE amongst Qualifying, Small Enterprises QSE s based on a.
flexible approach where QSE s are only, measured against 4 of the 7 elements of. their choice QSEs are those entities with, a turnover level of between R5million. and R35million per annum, docu qxd 3 15 2007 7 18 PM Page 4. History Legal Framework, When the shortcomings of narrow based black economic empowerment2 BEE became. apparent towards the end of the nineteen nineties a need emerged for a more inclusive. approach to empowerment which would begin to narrow the divide between the first and. second economies by putting mechanisms in place to accelerate the entry of black people into. the first economy This approach became known as broad based black economic. empowerment B BBEE, Subsequently a document titled A Strategy for Broad Based Black Economic Empowerment was.
released in 2003 This document not only defined broad based BEE and the transformation. imperative but outlined the first broad based scorecard comprising the seven elements of. broad based BEE The seven elements and their respective weightings out of 100 are depicted. below as per the Generic Scorecard contained in the Codes. ELEMENT POINTS, Ownership 20, Management Control 10. Employment Equity 15, Skills Development 15, Preferential Procurement 20. Enterprise Development 15, Socio Economic Development 5. TOTAL 100 POINTS, The Strategy was followed by the Broad Based BEE Act No 53 of 2003 BEE Act which was. promulgated in January of 2004 In section 10 the Act outlines government s leverages for the. implementation of broad based BEE meaning that organs of state and public entities must. take an entity s BEE status into account when, x determining qualification criteria for the granting of licences and concessions.
x developing and implementing a preferential procurement policy. x determining qualification criteria for the sale of state owned enterprises. x developing criteria for entering into partnerships with the private sector. Black economic empowerment by means of the elements of ownership and management exclusively. docu qxd 3 15 2007 7 18 PM Page 5, The BEE Act abbreviated in the Codes and defined as the Act is an enabling legislative. framework which allows for the development of the Codes. Co of Good Practice The Codes, provide a standard framework for the measurement of broad based BEE across all sectors of. the economy This means that no industry will be disadvantaged over another when presenting. their BEE credentials Statement 003 which provides guidelines for the alignment of. transformation charters to be gazetted as Codes of Good Practice will ensure that even when. different gazetted charters are applied to different entities presenting their BEE credentials. neither of the entities will be unfairly disadvantaged over the other because of the application. of a more stringent industry charter The intention of the Codes of Good Practice is therefore to. level the playing field for all entities operating within the South African economy by providing. clear and comprehensive criteria for the measurement of broad based BEE. docu qxd 3 15 2007 7 19 PM Page 6, The table below reproduced from Statement 000 provides a detailed guide to the. organisation and content of the Codes, CODE STATEMENT. Statement 000, Code 000 The General Principles and the Generic Scorecard.
Framework for the Measurement of B BBEE, Carries general principles and Generic Scorecard Statement 001. The Qualifying Small Enterprise QSE Scorecard and, Exempted Small Micro Enterprises. Statement 003, Guidelines for the Development and Gazetting of. Transformation Charters and Sector Codes, Statement 004. Recognition for the sale of assets, Code 100 Statement 100.
Measurement of the Ownership Element of B BBEE The General Principles for Measuring Ownership. Measures the effective ownership of enterprises by black. people Statement 102, The Recognition of Qualifying Ownership Transactions. Statement 103, The Recognition of Equity Equivalents for Multinationals. Code 200 Statement 200, Measurement of the Management Control Element of B BBEE The General Principles for Measuring Management Control. Measures effective control of enterprise by black people. Code 300 Statement 300, Measurement of the Employment Equity Element of B BBEE The General Principles for Measuring Employment Equity. Measures initiatives intended to achieve equality in the. Code 400 Statement 400, Measurement of the Skills Development Element of B BBEE The General Principles for Measuring Skills Development.
Measures extent to which employers carry out initiatives. designed to develop the competencies of black people. Code 500 Statement 500, Measurement of the Preferential Procurement Element of B The General Principles for Measuring Preferential. BBEE Procurement, Measures the extent to which enterprises buy good and. services from BEE compliant suppliers, Code 600 Statement 600. Measurement of the Enterprise Development Element of B The General Principles for Measuring Enterprise Development. BBEE Measures the extent to which enterprises carry out. initiatives aimed at contributing to socio economic and. enterprise development, Code 700 Statement 700, Measurement of the Socio Economic Development Element of The General Principles for Measuring Socio Economic. B BBEE Measures the extent to which enterprises carry out Development SED. initiatives aimed at contributing to socio economic. development and promoting access to the economy for black. Code 800 Statement 800 to 807, Qualifying Small Enterprises General principles for QSEs in all the elements of the.
Code 900 To be gazetted as a code once aligned with the generic codes. Public Private Partnership Code, Further statements not presently included in the Codes may be issued from time to time In. such cases these statements will be included under the relevant Code series. docu qxd 3 15 2007 7 20 PM Page 7, What about SMME s. A much needed solution to the challenge of BEE and small enterprises has been presented in. the form of the Qualifying Small Enterprise QSE scorecard and its corresponding statements. In addition all entities with a turnover of less than R 5 million per annum are granted a. deemed BEE Status as Level Four Contributors In the case where such entities are also more. than 50 owned by black people or black women their status is elevated to that of Level Three. Contributors, QUALIFYING SMALL ENTERPRISES QSE s, Qualifying Small Enterprises QSE s are defined by the Codes as companies with an annual. total turnover of between R 5 million and R35 million. Government has singled out small enterprises as vital in the fight for job creation and. economic growth According to the Small Enterprise Development Agency SEDA small. enterprises already contribute approximately 35 of the country s gross domestic product. GDP and employ over half the number of people who work in the private sector Also one. out of five units exported from South Afric is said to have been produced in the small and. medium business sector, Aiming to ease the regulatory burden on small enterprises many of which are already. struggling under financial and capacity constraints the Codes require QSE s to comply with. ONLY four out of seven elements on the QSE scorecard And while every company qualifying. for measurement under the Codes must maintain a scorecard the codes have further eased. the BEE compliance burden by setting lower targets for these companies. Unlike the Generic Scorecard the QSE Scorecard allocates an equal 25 weighting to each of. the seven elements or pillars of B BBEE As QSE s only have to elect four of the elements. selected elements of compliance total 100, Exempted Small Micro Enterprises.
Exempted Small Micro Enterprises ESME s are defined by the Codes as companies with an. annual total turnover of R 5 million or less ESME s enjoy a deemed BEE reco. Historical BEE Implementation Obstacles Implications Solution presented by the Codes of Good Practice Applicable COGP Statements Lack of awareness of

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