B-BBEE — B-BBEE Codes of Good Practice: Amended Codes of Good Practice (GG 38764, 2015) (source: https://www.thedtic.gov.za/wp-content/uploads/BEE38764.pdf)
Government Gazette
Staatskoerant
R EPU B LI C OF S OUT H AF RICA
REPUBLIEK VAN SUID-AFRIKA
May
Vol. 599 Pretoria, 5
Mei
2015 No. 38764
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2 No. 38764 GOVERNMENT GAZETTE, 5 MAY 2015
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CONTENTS • INHOUD
Page Gazette
No.
No. No.
GENERAL NOTICE
396 Broad-Based Black Economic Empowerment Act (46/2013): Amendment Codes of Good Practice .......................... 3 38764
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STAATSKOERANT, 5 MEI 2015 No. 38764 3
GENERAL NOTICE
NOTICE 396 OF 2015
NOTICE OF CLARIFICATION
DEPARTMENT OF TRADE AND INDUSTRY
1 By virtue of the powers vested in me in terms of sections 9(1) and 14 (2) of the
Broad-Based Black Economic Empowerment Act, 2013 (Act No. 46 of 2013), I
Dr Rob Davies, Minister of Trade and Industry, hereby:
(a) Confirm that the Amended Codes of Good Practice, gazette No 36928 will come
into effect on the 1st May 2015. Clarify that all B-BBEE verifications conducted
using the financial year ending before 30 April 2015 can be verified using the old
Codes of Good Practice, gazette No 29617 and all B-BBEE verifications
conducted using the financial year ending after the 1st May 2015 must be verified
using the Amended Codes of Good Practice, with the exception of the Sector
Codes.
(b) Further extend the transitional period for the alignment of Sector Codes to the
end of October 2015. From the 1st November 2015 Sector Codes that are aligned
shall be effective in accordance with section (a) above of this Notice. Sector
Codes not aligned and ready for gazette by the end of October 2015, a
consideration shall be made for them to be repealed.
(c) Determine that for the inaugural year of the Amended Codes of Good Practice,
all valid B-BBEE certificates issued under the old Codes of Good Practice
gazette No 29617, as well as the relevant Sector Codes should remain valid and
should therefore be accepted and should be treated as empowering suppliers.
This gazette is also available free online at www.gpwonline.co.za
4 No. 38764 GOVERNMENT GAZETTE, 5 MAY 2015
For all EME (Exempted Micro Enterprises) certificates issued without
Empowering Supplier Status, the interpretation stated in the Amended Codes of
Good Practice clause 3.3.1, Amended Code Series 400 Gazette No 36928 will
be applied, which state that "Exempted Micro Enterprises and Start-Ups are
automatically recognised as Empowering Suppliers."
(d) Black participants in Broad-Based Ownership Schemes and Employee Share
Ownership Programmes holding rights of Ownership in a Measured Entity must
only score points under paragraph 2.2.3 under the Ownership scorecard.
2. The amendments embodied in this Notice will become effective on the date of
publication of this Notice.
M Lindiwe u, MP
Acting Minister of Trade and Industry
April 2015
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38764—1
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