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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 N.B. The Government Printing Works will not be held responsible for the quality of “Hard Copies” or “Electronic Files” submitted for publication purposes AIDS HELPLINE: 0800-0123-22 Prevention is the cure 501585—A 38764—1 2 No. 38764 GOVERNMENT GAZETTE, 5 MAY 2015 IMPORTANT NOTICE The Government Printing Works will not be held responsible for faxed documents not received due to errors on the fax machine or faxes received which are unclear or incomplete. Please be advised that an “OK” slip, received from a fax machine, will not be accepted as proof that documents were received by the GPW for printing. If documents are faxed to the GPW it will be the sender’s respon- sibility to phone and confirm that the documents were received in good order. Furthermore the Government Printing Works will also not be held responsible for cancellations and amendments which have not been done on original documents received from clients. 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 This gazette is also available free online at www.gpwonline.co.za 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 Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001 Publications: Tel: (012) 748 6052, 748 6053, 748 6058 Advertisements: Tel: (012) 748 6205, 748 6208, 748 6209, 748 6210, 748 6211 Subscriptions: Tel: (012) 748 6054, 748 6055, 748 6057 Gedruk deur en verkrygbaar by die Staatsdrukker, Bosmanstraat, Privaatsak X85, Pretoria, 0001 Publikasies: Tel: (012) 748 6052, 748 6053, 748 6058 Advertensies: Tel: (012) 748 6205, 748 6208, 748 6209, 748 6210, 748 6211 Subskripsies: Tel: (012) 748 6054, 748 6055, 748 6057 38764—1 This gazette is also available free online at www.gpwonline.co.za