B-BBEE News - Sector codes update against the Revised Codes of Good Practice

Posted by Transcend
Tuesday, 3 November 2015  |  Comments

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Repeal of Sector Codes Not Aligned to the Amended Codes - Media statement by Dti

Sector Charter Councils have until the 15 November 2015 to submit aligned Sector Codes for approval to Minister of Trade and Industry, Dr Rob Davies.

All existing Sector Codes that have not submitted application for approval to the Minister to be aligned with Broad-Based Black Economic Empowerment Codes of Good Practice will be repealed.

The background to this action by Minister Davies is that on 15 May 2015, all the existing Sector Codes which were not aligned to the Amended Broad Based Black Economic Empowerment (B-BBEE) Codes of Good Practice were given further extension to complete the alignment process by 30 October 2015. The extension was given through a Notice, Government Gazette Number 38799, which further stated that a consideration shall be made to repealing those sector codes that are not aligned and ready for gazetting by 30 October 2015.

BEE "Trumping Provision" in force and effect as of 24 October 2015

The effect of this provision is that any sector code not aligned with the new Amended Codes of Good Practice, will be measured in terms of the Amended Codes of Good Practice

Notice on the Construction sector codes by SAFCEC after meeting with Dti

No agreement on aligned Codes by the DTi deadline of 30 October 2015 has been reached.

Pertinent issues confirmed in the meeting were:

The dti will not be extending the alignment deadline beyond 30 October and as a result Sector Specific Codes will not be applicable.

The Construction Charter Council will remain in place and continue to get funding from the DPW.

Once the revised Construction Codes are agreed they will be submitted to the DTi to be gazetted. This will mean that any company doing a verification between 1 November 2015 and the gazette date of the Construction Codes, will be verified against the RGCoGP.

The dti were very clear that they supported a construction sector code.

Mining sector get temporary relief over BEE

In a Government Gazette notice on Friday the 30th of October 2015, a 12 month time frame was set for the mining and petroleum acts and the Department of Trade and Industry’s codes to be aligned.

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