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

13F. Functions of Commission


(1) The functions of the Commission are—
(a) to oversee, supervise and promote adherence with this Act in the interest of the public;
(b) to strengthen and foster collaboration between the public and private sector in order to promote and safeguard the objectives of broad-based black economic empowerment;
(c) to receive complaints relating to broad-based black economic empowerment in accordance with the provisions of this Act;
(d) to investigate, either of its own initiative or in response to complaints received, any matter concerning broad-based black economic empowerment;
(e) to promote advocacy, access to opportunities and educational programmes and initiatives of broad-based black economic empowerment;
(f) to maintain a registry of major broad-based black economic empowerment transactions, above a threshold determined by the Minister by notice in the Gazette;
(g) to receive and analyse such reports as may be prescribed concerning broad-based black economic empowerment compliance from organs of state, public entities and private sector enterprises;
(h) to promote good governance and accountability by creating an effective and efficient for the promotion and implementation of broad-based black economic empowerment; and
(i) to exercise such other powers which are not in conflict with this Act as may be conferred on the Commission in writing by the Minister.


(2) A complaint contemplated in subsection (1)(c) and (d) must be—
(a) in the prescribed form; and
(b) substantiated by evidence justifying an investigation by the Commission.


(3) The Commission must increase knowledge of the nature and dynamics and promote public awareness of matters relating to broad-based black economic empowerment by—
(a) implementing education and information measures to develop public awareness of the provisions of this Act, and in particular to advance the purposes of this Act;
(b) providing guidance to the public by—
(i) issuing explanatory notices outlining its procedures;
(ii) issuing non-binding opinions on the interpretation of any provision of this Act; or
(iii) applying to a court for a declaratory order on the interpretation or application of the provisions of this Act; and
(c) conducting research relating to its mandate and activities and, from time to time, publishing the results of that research.


(4) The Commission may liaise with any regulatory authority on matters of common interest and, without limiting the generality of the foregoing, may—
(a) exchange information with and receive information from any such regulatory authority pertaining either to matters of common interest or to a specific complaint or investigation;
(b) participate in the proceedings of any regulatory authority; and
(c) advise, or receive advice from, any regulatory authority.


(5) Notwithstanding the provisions of any law, but subject to the approval of the Minister, the Commissioner may enter into an agreement with any other person, body of persons or organ of state, including a special investigating unit established under the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), to perform any of the Commission's duties and functions under this Act.


[Section 13F inserted by section 8 of Act No. 46 of 2013]