BEE Background

In 1999 the Black Economic Empowerment Commission (BEEC) tabled a report to the Presidency highlighting challenges South Africa is facing regarding the entry of Black people into the mainstream South African economy. A large part of this report highlighted empowerment gaps that had to be addressed if South Africa was to address the challenges faced by those citizens who are barred from economic participation on the basis of their race.

The Department of Trade and Industry (the DTI) published the National Strategy on Broad-Based Black Economic Empowerment in 2002. This strategy articulates the pillars of B-BBEE, which includes Ownership, Management, Employment Equity, Skills Development, Preferential Procurement, Enterprise Development and Socio-economic Development. The strategy also provides the first framework for the measurement of B-BBEE implementation. The B-BBEE Act, No. 53 of 2003 provides the legal framework for the implementation of B-BBEE as the democratic government’s policy to facilitate the participation of the Black peoples into the South African economy.

In order to respond to Government policy, the Department of Transport and transport sector stakeholders embarked on a process to develop a sector specific B-BBEE Charter. In January 2006, Cabinet provisionally approved the draft B-BBBEE Charter subject to two conditions; namely that the Charter had to be aligned with the Generic Codes of Good Practice (“the Codes”) on B-BBEE; and that the DTI had to provide confirmation that transport is a key sector of the South Africa economy to develop a sector charter. During this period, the DTI developed the Codes, which were subsequently gazetted on 9 February 2007.

As the Charter was approved subject to the alignment with the Codes, work on aligning the Transport Sector B-BBEE Charter began. The draft-aligned Charter adopted a large proportion of measurement principles contained in the Codes and used these to address gaps in the original Charter.

Proclamation by the President of the Republic of South Africa

Commencement of the Broad-Based Black Economic Empowerment Amendment Act, 2013 (Act No. 46 of 2013). In terms of section 10 (2) of the Broad-Based Black Economic Empowerment Amendment Act, 2013 (Act No. 46 of 2013), I hereby determine that the Act shall come into operation on the date of publication of this proclamation, 24 October 2014

The Minister of Trade and Industry, Dr Rob Davies (MP), has announced the release of the revised Broad-Based Black Economic Empowerment (B-BBEE) Codes of Good Practice. Minister Davies says the refined Codes symbolise a new beginning in the re-orientation of the transformation policy to focus more on productive B-BBEE and the growth of black entrepreneurs through Enterprise and Supplier Development elements.

Publications

Notice

On the 28th of January 2016 the Minister of Trade and Industry, Dr Rob Davies (MP), issued the Draft Amended Transport Sector Codes which has eight Sub-Sector Codes (Published in the Government Gazette No.39744 of 26 February 2016) for public comment in terms of section 9 (5) of the Broad-Based Black Economic Empowerment Amendment Act 2003, (Act No. 53 of 2003) as amended by B-BBEE Act 46 of 2013; and inviting interested persons and the public to submit inputs and comments on the draft amended sector code within 60 days from the date of this publication. Interested parties are requested to forward their comments in writing for the attention of Mr Jacob Maphutha and Ms Mologadi Leshiba, to the following addresses:

Enquiries: 012 394 3876/3430
E-mail: transportsectorcode@thedti.qov.za

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