BEE & B-BBEE Legislation: A quick guide to
Broad-Based Black Economic Empowerment
(B-BBEE)
Broad based Black Economic Empowerment (BBBEE) was introduced to accelerate the entry of black people into the first economy and to tackle the shortcomings of the original narrow-based Black Economic Empowerment (BEE). It is dealt with in the Broad-based Black Economic Empowerment Act No. 53 of 2003, which provides the legislative framework that allows for the development of the BEE Codes of Good Practice. The codes provide a standard framework for the measurement of Broad-Based BEE across all sectors of the economy.
General Principles of BEE Codes of Good Practice
- Sec 9 of B-BBEE Act 2003 authorised the Minister of the dti to promulgate Codes of Good Practice governing the measurement of BEE Compliance
- The Codes are designed to redress the wrongs suffered by black people during apartheid – particularly in the forms of skills deficits & exclusion from business and managerial opportunities
- Codes revolve around scorecards, which measure BEE compliance by reference to defined “elements”
- Codes apply if no Sector Code exists
- To be used as a guide in developing a Sector Code
Rules vary according to the size and type of business. However, there are established charters and codes of good practice relating to all aspects of BEE compliance.
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BEE Codes of Good Practice
The Codes of Good Practice on Broad-Based Black Economic Empowerment were gazetted on 9 February 2007 in Government Gazette Nos 29617 (Main Codes), 29610 (  Financial Sector Charter 1.5MB) and 29616 ( Construction Sector Charter 2MB). Government Gazette No 29617 (Main Codes)
- Pages 1 - 44 1.5MB (Framework, Generic Scorecard and Ownership).
- Pages 45 - 77 1.1MB (Management Control, Employment Equity, Skills Development, Preferential Procurement, Enterprise Development and Socio-Economic Development).
- Pages 78 - 86 388KB (Small Enterprises).
- Pages 87 - 96 508KB (Schedule 1, Interpretation and Definitions)
BEE Charters
2007 - Gazetted Charters under Section 12 of the BEE Act
Gazetted under the Mineral and Petroleum Resources Development Act
(Refer to the Department of Minerals and Energy)
2005 & 2006 - Charters for consideration
For more information on how BEE legislation specifically influences your business, please call us directly and in confidence on +27 (021) 511-0802 .
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