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

Amended AgriBEE Sector Code (2017)

9. Definitions

 

For the purposes of clarification and to avoid ambiguity, the following terms apply to this Charter: The definitions in the amended B-BBEE Act (53 of 2003) as amended and the amended Codes of Good Practice, as published by the Department of Trade and Industry, will prevail in cases where clarity regarding definitions is required.

 

1.

ABET

Means Adult Basic Education and Training as determined by the National Qualification Authority.

2.

Absorption

means a measure of the Measured Entity’s ability to successfully secure formal

permanent or long-term contract employment for the Learner or to assist the Learner’s proceed with further education and training;

3.

Accreditation Body

means the South African National Accreditation System or any other Entity appointed by the Minister for Trade and Industry from time to time.

(a) accrediting Verification Agencies; and
(b) developing, maintaining and enforcing the Verification Standards.

4.

Acquisition Debt

means the debts of:

(a) Black participants incurred in financing their purchase of their equity instruments in the Measured Entity; and
(b) Juristic persons or trusts found in the chain of ownership between the eventual Black Participants and the Measured Entity for the same purpose as those in (a) above;

5.

AgriBEE

is a Sectoral Transformation Sector Code as defined in the Broad-Based Black Economic Empowerment Act, 2003, as amended by B-BBEE Act No. 46 of 2013.

6.

AgriBEE Scorecard

means the Broad-Based BEE scorecard published in the Government Gazette in terms of Section 9 of the Act for public comments.

7.

AgriBEE QSE Scorecard

means the Broad-Based BEE scorecard for Qualifying Small Enterprises published in the Government Gazette in terms of Section 9 of the Act for public comments.

8.

Agriculture

refers to all the economic activities associated with the production and processing of agricultural products as defined in section 2.1: Scope of Application, of this sector code.

9.

Agriculture Products

are as defined by the Marketing of Agricultural Products Act No. 47 of 1996.

10.

Agri-Industry

refers to the combination of Farming Enterprises and Agribusiness Enterprises.

11.

Apprenticeship

means an agreement between an apprentice and an employer for a set period of time during which the apprentice works and receives training in the workplace.

12.

Approved Socio-economic Development Contributions

means monetary or non-monetary contributions carried out for the benefit of any projects approved for this purpose by any organ of state or sectors including without limitation:

(a) profits focusing on environmental conservation, awareness, education and waste management; and
(b) projects targeting infrastructural development, enterprise creation or reconstruction in underdeveloped areas, rural communities or geographic areas identified in the government’s integrated sustainable rural development or urban renewal programmes.

13.

Associated Entity

means an Entity with which a Seller has concluded a Qualifying Transaction;

14.

B-BBEE

means Broad-Based Black Economic Empowerment;

15.

B-BBEE Controlled Company

means a juristic person, having shareholding or similar members interest, in which black participants enjoy a right to Exercisable Voting Rights that is at least 51% of the total such rights measured using the Flow Through Principle;

16.

B-BBEE Owned Company

means juristic person, having shareholding or similar members interest, that is B-BBEE controlled, in which Black participants enjoy a right to Economic Interest that is at least 51% of the total such rights measured using the Flow Through Principle;

17.

B-BBEE Procurement Recognition Level

means the percentage B-BBEE Recognition Levels as determined:

(a) for Entities that are neither Qualifying Small Enterprises nor Exempted Micro Enterprises, ,using statement 000;
(b) for Qualifying Small Enterprises, using statement 000; and
(c) for Exempted Micro-Enterprises, the applicable deemed B-BBEE Recognition under statement 000

18.  

B-BBEE Status

means the B-BBEE status of a Measured Entity as determined under statement 000;

19.

B-BBEE Verification Professional Regulator

means a body appointed by the Minister for the accreditation of rating agencies or the authorisation of B-BBEE verification professionals;

20.

Beneficiation

means value-added processing;

21.

Benefit Factor

means a factor specified in the Benefit Factor Matrix applicable to fixing the monetary value of Enterprise Development and Supplier Development and Socio Economic Development Contributions claimable under statement 400 and 500;

22.

Benefit Factor Matrix

means the Benefit Factor Matrix for Enterprise Development and Supplier Development and Socio Economic Development Contributions Annexure to statement 400 and 500;

23.

Black Designated Groups

means:

(a) unemployed black people not attending and not required by law to attend an educational institution and not awaiting admission to an educational institution;
(b) Black people who are youth as defined in the National Youth Commission Act of 1996;
(c) Black people who are persons with disabilities as defined in the Code of Good Practice on employment of people with disabilities issued under the Employment Equity Act;
(d) Black people living in rural and under developed areas;
(e) Black military veterans who qualifies to be called a military veteran in terms of the Military Veterans Act 18 of 2011, and
(f) Farmworkers

24.

Black New Entrants

means Black participants who hold rights of ownership in a Measured Entity and who,before holding the Equity Instrument in the Measured Entity, have not held equity instruments in other Entities which has a total value of more than R50,000,000, measured using a standard valuation method;

25.

Black People

Is a generic term which means African, Coloureds and Indians

(a) who are citizens of the Republic of South Africa by birth or decent; or
(b) who became citizens of the Republic of South Africa by naturalisation—
(i) before 27 April 1994;
(ii) on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation prior to that date.

26.

Black Professionals

means Black Individuals who provide services of a professional nature.

27.

Board

means those persons appointed by the Participants of a Measured Entity to undertake the management control of the Measured Entity. The Board is distinguishable from the Senior and Other Top Management by virtue of the fact that Senior and Other Top Management are primarily active in the operational day-to-day management while the Board is primarily active in the control function of the Measured Entity. This does not imply that members of the Board cannot also be Senior and Other Top Management. The term Board does not include persons appointed to that body as alternates.

28.

Broad-based Black Economic Empowerment (as defined in the Act)

means the economic empowerment of all Black People including women, workers, youth, people with disabilities and people living in rural areas through diverse but integrated socio-economic strategies that include, but are not limited to—

• increasing the number of Black People that manage, own and control Enterprises and productive assets;

• facilitating ownership and management of Enterprises and productive assets by communities, workers, cooperatives and other collective Enterprises;

• human resource and skills development;

• achieving equitable representation in all occupational categories and levels in the workforce;

• preferential procurement; and

investment in Enterprises that are owned or managed by Black People;

29.

Broad-Based Ownership Scheme

means a ownership scheme which meets the rules set out in Annexure 100B;

30.

Charter

means the AgriBEE Transformation Charter, including the Indicative AgriBEE Scorecard and the Indicative AgriQSE Scorecard

31.

Certified Learning Programme

means any Learning Programme for which the Measured Entity has

(a) any form of independent written certificate as referred to in the “Learning Achievements” column of the Learning Programme Matrix; or if it does not have such certification:
(b) an enrolment certificate issued by the independent person responsible for the issue of the certification referred to in statement 300 confirming the employee has:
(i) enrolled for, is attending and is making satisfactory progress in the Learning Programme; or
(ii) enrolled for but not attended the Learning; or
(iii) attended the Training Programme but has failed an evaluation of their learning progress

32.

Companies Act

means the Companies Act, No. 71 of 2008 as amended or substituted;

33.

Company Limited by guarantee

means the Companies Act, No. 71 of 2008 as amended or substituted;

34.

Competent Person

means a person who has acquired through training, qualification and experience the knowledge and skills necessary for undertaking any task assigned to them under the codes;

35.

Critical Skills

means those skills identified as being critical by any SETA;

both AgriSETA and FoodBev SETA publish lists of critical skills on their websites

36.

EAP

Economically Active Population as determined and published by Stats SA. The operative EAP for the purposes of any calculation under the Codes will be the most recently published EAP;

37.

Economic Interest

means a claim against an Entity representing a return on ownership of the Entity similar in nature to a dividend right, measured using the Flow Through and, where applicable, the Modified Through Principles;

38.

EE Act

means the Employment Equity Act of 1998, as amended;

39.

EE Regulations

means the regulations under the Employment Equity Act

40.

Elements

means the measurable quantitative or qualitative elements of B-BBEE compliance in the Generic Scorecard and the Codes;

41.

Employed Learner

In terms of section 18(1) of the Skills Development Act it means a learner that was in the employment of the employer party to the Iearnership agreement concerned when the agreement was concluded. The learner’s contract of employment is therefore not affected by the agreement.

42.

Employee

bears the meaning as defined in the Labour Relations Act 66 of 1995 as amended.

43.

Employee with a Disabililty

has the meaning defined in the Code of Good Practice on Key Aspects of Disability in the Workplace issued under section 54 of the Employment Equity Act; align with the Employment Equity Act

44.

Employee Ownership Scheme

means a worker or employee scheme;

45.

Empowering Supplier

An Empowering Supplier within a context of B-BBEE is a B-BBEE compliant entity, which is a good citizen South African entity, comply with all regulatory requirements of the country and should meet at least three if it is a large enterprise or one if it is a QSE of the following criteria:

(a) At least 25% of cost of sales excluding labour cost and depreciation must be procured from local producers or local supplier in SA, for service industry labour cost are included but capped to 15%.
(b) Job creation – 50% of jobs created are for Black people provided that the number of Black employees since the immediate prior verified B-BBEE Measurement is maintained.
(c) At least 25% transformation of raw material/beneficiation which include local manufacturing, production and/or assembly, and/or packaging.
(d) Skills transfer - at least spend 12 days per annum of productivity deployed in assisting Black EMEs and QSEs beneficiaries to increase their operation or financial capacity.
(e) At least 85% of labour cost should be paid to South African employees by service industry entities.

46.

Enterprise

means a natural or juristic person conducting a business, trade or profession in the Republic of South Africa. Unless the context otherwise indicates, Enterprises include, without limitation, a Measured Enterprise and an Associated Enterprise. Different types

of Enterprises within the Sector are defined as follows:

Agribusiness Enterprises means those individuals, groups, cooperatives or companies engaged in other agricultural activities as defined in the scope
Farming Enterprises means those individuals, groups, co-operatives or companies engaged in primary agricultural production activities as defined in the scope.

47.

Enterprise Development Contributions

means monetary or non-monetary contributions carried out for the following beneficiaries, with the objective of contributing to the development, sustainability and financial and operational independence of those beneficiaries:

(a) Enterprise Development Contributions to Exempted Micro-Enterprises or Qualifying Small Enterprises which are at least 51% Black owned or at least 51% Black women owned;

48.

Entity

means a legal entity or a natural or a juristic person conducting a business, trade or profession in the Republic of South Africa;

49.

Entrepreneur

means a person who starts and / or operates a business which includes identifying opportunities in the market, taking risks with a view of being rewarded with profits;

50.

Equity Equivalent contribution

means an equity equivalent contribution made by a Multinational under an Equity Equivalent Investment Programme

51.

Equity Equivalent Investment

Programme

means a public programme or scheme of any government department, provincial or local government in the Republic of South Africa or any other programme approved by the Minister as an Equity Equivalent Investment Programme as described in Statement 103 of the Generic Codes;

52.

Equity Instrument

means the instrument by which a Participant holds rights of ownership in an Entity;

53.

Equivalency Percentage

means a percentage ownership performance for all the indicators in the Associated Enterprise’s Ownership Scorecard arising from a Qualifying Transaction included in the Ownership Scorecard of the beneficiary entity;

54.

Exempted Micro Enterprise

means an Entity with an annual turnover of R 10 (ten) million or less;

55.

Exercisable Voting Right

means a voting right of a Participant that is not subject to any limit;

56.

Global Practice

means a globally and uniformly applied practice of a Multinational, restricting alienation of equity in or the sale of businesses in its regional operations. The practice must have existed before the promulgation of the Act;

57.

Grant Contribution

means the monetary value of Qualifying Contributions made by the Measured Entity to a beneficiary in the form of grants, donations, discounts and other similar quantifiable benefits which are not recoverable by the Measured Entity;

58.

Group Structure

means an ownership arrangement whereby one or more Measured Entities that are juristic persons are subsidiaries of another Measured Entity that would qualify as a holding company;

59.

Higher Education Institution

means a higher education institution as defined under the Higher Education Act of 1997;

60.

Indicator Percentage

means the percentage compliance of the Associated Entity for all the indicators of the Associated Enterprises ownership Scorecard. The calculation of indicator Percentages follows the rules in statement 100 using the actual percentage compliance for each indicator and not the resulting scores;

61.

Industry Specific Initiatives

means the qualifying contributions that are unique to the industry in which enterprises operate. For the purposes of the Codes an industry may be grouped in major divisions in accordance with the Standard Industrial Classification Coding System used by Statistic South Africa;

62.

Internship

means an opportunity to integrate career related experience into an undergraduate education by participating in planned, supervised work;

63.

Junior Management

means an employee of the Measured Entity who is a member of the occupational category of “Junior Management” as determined using the Employment Equity regulations;

64.

Learnership

means a work–based route to a qualification. It is a workplace education and training programme comprising both structured practical workplace (on-the-job) experience and structured theoretical training.

65.

Learning Programmes

means any learning programme set out in the Learning Programme Matrix;

66.

Learning Programme Matrix

means the Learning Programme Matrix Annexured as Annexure “300A” in statement 300;

67.

Leviable Amount

bears the meaning as defined in the Skills Development Levies Act of 1999 as determined using the Fourth Schedule to the Income Tax Act;

68.

Management Fees

means the total Economic Interest received by a Broad-Based Ownership Scheme or Black participants in any year less the amounts distributed or applied to beneficiaries and the amounts reserved for future distribution or application;

69.

Mandated Investments

means any investments made by or through any third party regulated by legislation on behalf of the actual owner of the funds, pursuant to a mandate given by the owner to a third party, which mandate is governed by that legislation. Some examples of domestic mandated investments and the portions of those investments subject to the exclusion principle are contained in Annex 100A attached to statement 100;

70.

Measured Entity

means an Entity as well as an organ of state or public entity subject to measurement under the Codes;

71.

51% Black Owned

means an Entity in which:

(a) Black people hold at least 51% of the exercisable voting rights as determined under Code series 100;
(b) black people hold at least 51% of the economic interest as determined under Code series 100; and
(c) has earned all the points for Net Value under statement 100;

72.

51% Black Women Owned

means an Entity in which:

(a) Black women hold at least 51% of the exercisable voting rights as determined under Code series 100;
(b) Black women hold at least 51% of the economic interest as determined under Code series 100; and
(c) has earned all the points for Net Value under statement 100;

73.

30% Black Women Owned

means an Entity in which:

(a) Black women hold more than 30% of the exercisable voting rights as determined under Code series 100;
(b) Black women hold more than 30% of the economic interest as determined under Code series 100; and
(c) has earned all the points for Net Value under statement 100;

74.

Middle Management

means an employee of the Measured Entity who is a member of the occupational category of “Middle Management” as determined using the Employment Equity regulations;

75.

Multinational Business

means a Measured Entity with a business in the Republic of South Africa and elsewhere which maintains its international headquarters outside the Republic;

76.

77.

National Skills Development

Strategy

means the national skills development strategy referred to in section 5(1)(a)(ii) of the Skills Development Act;

78.

Net Profit After Tax

means the operating profit of a measured entity after tax. It incorporates both the equity / loss figures and abnormal items, but excludes extra ordinary items as determined by (GAAP) Generally Accepted Accounting Practices;

79.

“Net Profit Before Tax”

means the operating profit of a measured entity before tax. It incorporates both the equity / loss figures and abnormal items, but excludes extra ordinary items as determined by (GAAP) Generally Accepted Accounting Practices;

80.

Net Value

means the percentage resulting from the formula in Annexure 100(C) of statement 100;

81.

Net-Value date

means the later occurring of the date of commencement of statement 100 and the date upon which the earliest of all still operative transactions undertaken by the Measured Entity in order to achieve black rights of ownership, became effective and unconditional;

82.

New Enterprise

means an early stage business which is similar to a start-up. However, an early stage business is typically 3 years old or less.

83.

Non-Profit Organisation

means a non-profit organisation registered under the Non-Profit Organisation Act of 1997;

84.

Outsourced Labour Expenditure

means any expenditure incurred in:

(a) procuring the services of or from a labour broker; and
(b) procuring the services of any person who receives any remuneration or to whom any remuneration accrues because of any services rendered by such person to or on behalf of a labour broker;

85.

Participant

means a natural person holding rights of ownership in a Measured Entity;

86.

PIVOTAL report

means a report on ‘Professional, Vocational, Technical and Academic Learning’ programmes that meet the critical needs for economic growth and social development,generally combining course work at universities, universities of technology and colleges with structured learning at work.

87.

Priority Skills

means Critical and Scarce Skills as well as any skills specifically identified:

(a) in a Sector Skills Plan issued by the Department of Labour of the Republic of South Africa;
(b) National Skills Development Strategy III;
(c) New Growth Path; and
(d) National Development Plan Remove.

88.

Private Equity Fund

means a third party fund through which investments are made on behalf of the actual owner of the funds pursuant to a mandate given by that person to the private equity fund;

89.

Professionally Qualified, Experienced Specialist and Mid-management

in terms of the Employment Equity element, is as per the EEA9 Form issued as a regulation under the Employment Equity Act.

90.

Public Benefit Organisation

means an entity as defined in section 30 of the income Tax Act of 1962;

 

Qualifying Enterprise and Supplier Development Contributions

means a collective term describing Enterprise Development and Supplier Development Contributions targeting EME’s and QSE’s which are at least 51% black owned or at least 30% black women owned, black youth in rural, and underdeveloped areas in statement 400;

91.

Qualifying Small Enterprise

means an Entity that qualifies for measurement under the Qualifying Small Enterprise scorecard with a turnover of R10 million or more but less than R50 million;

92.

Qualifying Socio-Economic Contributions

Is a collective term for Socio-Economic Project Contributions and Socio-Economic Contributions;

93.

Qualifying Transaction

means a sale of a business, valuable business assets or shares that results in the creation of sustainable business opportunities and transfer of specialised skills or productive capacity to Black people;

94.

Realisation Points

means the Ownership Fulfilment points added to the Net Value points in the ownership scorecard.

95.

Related Enterprise

means an Entity controlled by a Measured Entity whether directly or indirectly controlled by the natural persons who have direct or indirect control over that Measured Entity or the immediate family of those natural persons;

96.

Rights of Ownership

Is a collective term for the right to Economic Interest and the right to Exercisable Voting Rights;

97.

Scarce Skills

are those skills identified as being scarce by any SETA; both AgriSETA and FoodBev SETA publish lists of scarce skills on their websites

98.

Section 21 Company(Non-Profit

Company)

means an association not for gain incorporated under section/ schedule applicable to Non-Profit Companies of the Companies Act (as amended);

99.

Sector Code

means a code in series 003 which is applicable to a particular sector;

100.

Seller

means the Entity or the person concluding a Qualifying Transaction with the Associated Enterprise;

101.

Senior Management

means an employee of the Measured Entity who is a member of the occupational category of “Senior Management” as determined using the Employment Equity regulations;

102

Senior Top Management

means Employees of a Measured Entity who are:

(a) members of the occupation category of “Top Management” as defined using the EE Regulations as qualified in a Sector Code;
(b) appointment by or on the authority of the Board to undertake the day-to-day management of that Measured Entity and who:
(i) have individual responsibility for the overall management and for the financial management of that Measured Entity; and
(ii) actively involved in developing and implementing the Measured Entity’s overall strategy.

103.

Skilled Technical and Academically Qualified Workers, Junior Management, Supervisors, Foremen, Superintendents

in terms of the Employment Equity element, is as per the EEA9 Form issued as a regulation under the Employment Equity Act

104.

Skills Development Expenditure

comprises the money that a Measured Entity spends on skills development. It excludes the skills development levy payable by the Measured Entity under the Skills Development Levies Act;

105.

Socio-Economic Development Contributions

means monetary or non-monetary contribution implemented for communities, natural persons or groups of natural persons where at least 75% of the beneficiaries are Black people. The objective of Socio-Economic Development Contributions is the promotion of sustainable access for the beneficiaries to the economy. Socio-Economic Development Contributions commonly take the following forms:

(a) development programmes for women, youth, people with disabilities, people living in rural areas;
(b) support of healthcare and HIV/AIDS programmes;
(c) support for education programmes, resources and materials at primary, secondary and tertiary education level, as well as bursaries and scholarships;
(d) community training; skills development for unemployed people and adult basic education and training; or
(e) support of arts, cultural or sporting development programmes;

106.

Socio-Economic Project Contributions

means monetary or non-monetary contributions carried out for the benefit of any projects approved for this purpose by any organ of state or sectors including without limitation:

(a) projects focusing on environmental conservation, awareness, education and waste management; and
(b) projects targeting infrastructural development or reconstruction in underdeveloped areas; rural communities or geographic areas identified in the government’s integrated sustainable rural development or urban renewal programmes;
(c) New projects promoting beneficiation;

107.

Stakeholder

used as a broad term to describe participants in the entire agricultural value chain as well as current and potential beneficiaries of the AgriBEE including government.

108.

Standard Valuation

means a standard valuation method for an asset, an Economic Interest, or any other instrument or right relevant to measurement under statement 100, undertaken using normal valuation methods that represent standard market practice;

109.

Start-up Enterprise

means a recently formed or incorporated Entity that has been in operation for less than 1 year. A start-up enterprise does not include any newly constituted enterprise which merely a continuation of a pre-existing enterprise;

110.

Subsidiary

has the meaning defined in section 1(3) of the Companies Act;

111.

Superior Contributor to B-BBEE

is a Level One to Level Four Contributor to B-BBEE;


Supplier

means any supplier or service provider to a Measured Entity if any portion of the supply or service provision falls within the definition of Total Measured Procurement Spend;

112.

Supplier Development Contributions

means monetary or non-monetary contributions carried out for the benefit of value-adding suppliers to the Measured Entity, with the objective of contributing to the development, sustainability and financial and operational independence of those beneficiaries:

(a) Supplier Development Contributions to suppliers that are Exempted Micro-Enterprises or Qualifying Small Enterprises which are at least 51% black owned or at least 51% black women owned;

113.

Target

means the targets for the various Elements in the Generic and QSE Scorecard;

114.

the Act

means the Broad-Based Black Economic Empowerment Act 53 of 2003 as amended by B-BBEE Act 46 of 2013;

115.

the Codes

means the Codes of Good Practice including all the statements as issued under section 9 of the Act;

116.

the Generic Scorecard

means the balanced B-BBEE scorecard as contained in statement 000;

117.

the PFMA

means the Public Finance Management Act 1 of 1999 as amended;

118.

the QSE Scorecard

means the QSE scorecard referred to in statement 000;

119.

the Skills Development Act

means the Skills Development Act of 1998;

120.

the Skills Development Levies Act

means the Skills Development Levies Act of 1999;

121.

the Strategy Document

means the document entitled “South Africa's Economic Transformation – A Strategy for Broad-Based Black Economic Empowerment” published by the department of trade and industry in March 2003 as amended or substituted under section 11 of the Act;

122.

Third Party Rights

means third party legal or commercial rights that restrict withhold or defer any benefit associated with ownership of any Equity Instrument. Third party rights include only those rights:

(a) created against a black Participant to secure, for a lender, repayment of a loan advanced to that Participant for financing their purchase of their equity instrument in the Measured Entity;
(b) held against a juristic person or trust that is in the chain of ownership between the Measured Entity and that the eventual black Participant serving the same purpose mentioned in (a) above;

123.

Top Manager

means employees of a Measured Entity who hold rights of ownership, serve on the Board, undertake the day to day management, have overall responsibility for the overall financial management and are actively involved in developing and implementing the overall strategy of the Measured Entity.

124.

Total Labour Cost

means the total amount of remuneration paid by an Entity to its employees determined using section 3(4) of the Skills Development Levies Act of 1999 and the Forth Schedule of the Income Tax Act of 1962;

125.

Total Revenue

means the total income of an Entity from its operations as determined under South African Generally Accepted Accounting Practice;

126.

Transformation Charters

means the sectoral transformation charters referred to in section 12 of the Act;

127.

Uncertified Learning Programme

means any Learning Programme of the Measured Entity that is not a Certified Learning Programme.

128.

Unemployed Learner

means a learner that was not in the employment of the employer party to the learnership agreement concerned when the agreement was concluded. The employer and learner must therefore enter into a contract of employment. Refer to the Skills Development Act.

129.

Unincorporated Joint Venture

means a joint venture between two or more Measured Entities effected by agreement without incorporation;

130.

Value-Adding Enterprise

means an Entity registered as a vendor under the Value-Added Tax of 1991, whose Net Profit Before Tax summed with its Total Labour Cost exceeds 25% of the value of its Total Revenue.

131.

Voting Right

means a voting right attaching to an Equity Instrument owned by or held for a participant measured using the Flow through Principle or the Control Principle;

132.

Weighting

means the weightings applied to various Elements in the Generic Scorecard and QSE Scorecard;

133.

Workplace Skills Plan

Means the plan of a Measured Entity approved by the relevant SETA.