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

Amended AgriBEE Sector Code (2017)

8. Governance


8.1 An AgriBEE Charter Council has been established and will report to: the B-BBEE Commission, Black Economic Empowerment Presidential Advisory Council, appointed in terms of the Act, Minister of Agriculture, Forestry and Fisheries, and the Minister of Trade and Industry, on progress made by the Sector in terms of the AgriBEE Charter.


The fundamental principles of the AgriBEE Charter Council are as follows:

(a) The AgriBEE Sector Charter Council has been established, as an independent body with a mandate to oversee the implementation of the AgriBEE Charter;
(b) The AgriBEE Sector Charter Council addresses issues of principle relating to the implementation of the Charter;
(c) The AgriBEE Sector Charter Council conducts reviews and take decisions;
(d) The AgriBEE Sector Charter Council considers whether the targets and implementation strategies are still appropriate, and if not how they should be varied should there be a material change in the circumstances or the environment in which the Charter has to be implemented;
(e) There is equitable composition of Stakeholders in the members of the AgriBEE Sector Charter Council.
(f) Decisions of the Sector Charter Council are taken on a consensual basis. If, on any issue, the Sector Charter Council is unable to achieve consensus, there will be a dispute-breaking mechanism in the Sector Charter Council either by some agreed mechanism within the Sector Charter Council, or by reference to arbitration or mediation.


8.2 The Sector Charter Council is tasked with ensuring that the verification of BEE contributions in the Agricultural Sector:
(a) consists of a valid and reliable process that is practical and legally defensible;
(b) is an accessible, flexible and cost effective system for the industry which may include electronic systems such as e-filing of BEE contribution data and self-assessment tools;
(c) is subject to audit by agencies appointed in terms of the Codes of Good Practice;
(d) includes the issuing of qualified and unqualified BEE verification certificates, which respond to the unique needs of the Sector; and
(e) is universal and generally accepted and nationally recognised standards.


8.3 AgriBEE Provincial Representatives shall facilitate the implementation, reporting and monitoring of the AgriBEE Sector Code. They interact with the Line Ministry and serve as a link between AgriBEE Sector Charter Council and the Agricultural stakeholders in the provinces.