Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Industry Charters

Information and Communication Technology (ICT) Charter

ICT Sector Code for Black Economic Empowerment

Code Series 000: Framework for Measuring Broad-Based Black Economic Empowerment

Statement 000: General Principles and the Scorecard

2. Key principles

Purchase

2.1	The fundamental principle for measuring B-BBEE compliance is that substance takes precedence over legal form.

2.2	In interpreting the provisions of the ICT Sector CODE any reasonable interpretation consistent with the objectives of the Act and the B-BBEE Strategy must take precedence.

2.3	The basis for measuring B-BBEE initiatives under the ICT Sector CODE is the B-BBEE compliance of the measured entities at the time of measurement.

2.4	Any misrepresentation or attempt to misrepresent any enterprise's true B-BBEE Status may lead to the disqualification of the entire scorecard of that enterprise.

2.5

Initiatives which split, separate or divide enterprises as a means of ensuring eligibility as an Exempted Micro-Enterprise, a Qualifying Small Enterprises or a Start-Up Enterprise are a circumvention of the Act and may lead to the disqualification of the entire scorecard of those enterprises concerned.

2.6	Any representation made by an Entity about its B-BBEE compliance must be supported by suitable evidence or documentation. An Entity that does not provide evidence or documentation supporting any initiative, must not receive any recognition for that initiative.

2.7	Wherever a Standard Valuation Method applies to measuring an indicator, the same standard should apply, as far as reasonably possible, consistently in all other applicable calculations in this statement.

2.8	Where the ICT Sector CODE is silent on certain provisions, the provisions of the Generic Code shall take precedence.