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

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Information and Communication Technology (ICT) Charter

ICT Sector Code for Black Economic Empowerment



ICT Sector Code for Black Economic Empowerment




The ICT Sector stakeholders comprising the Broadcasting, Electronics, Information Technology and Telecommunications sub-sectors; together with participants from the social partners, namely Government, Labour, Community, and ICASA, initiated a process of developing a Black Economic Empowerment CODE for the ICT Sector.


The Need for Economic Empowerment

· Under the previous apartheid system, a plethora of policies and legislation was promulgated with the sole objective of denying black people, including black women, access to and control of South Africa's economic productive resources and skills based purely on race and gender considerations;
· More than a decade after the demise of this apartheid system, and in spite of the promulgation of a broad range of policy and legislative instruments introduced by the democratic Government aimed at redressing the imbalances of the past, the majority of South Africans are still excluded from ownership and control of economically productive assets and possession of strategic skills to the detriment of economic development, employment creation and poverty eradication;
· Growth and prosperity in South Africa's economy has not been realised to its full potential due to a lack of meaningful participation by the majority of black South Africans, including black women, in the national economy, and particularly in the ICT sector;
· The Broad-Based Black Economic Empowerment Act 53 of 2003 (B-BBEE Act) and government's generic Black Economic Empowerment Codes of Good Practice, aims to address inequities resulting from the systematic exclusion of black people from meaningful participation in the economy. The ICT Code of Good Practice aims to do this for the ICT sector.


ICT Sector Resolution

Recognising the cross-cutting nature of ICTs and its role in the social and economic development of our country;


Therefore, we, the ICT Sector stakeholders, resolve and commit to:


· The objectives of the B-BBEE Act and to promote its effective implementation in the ICT sector;
· Bridge the "digital divide" by actively promoting access to ICTs;
· Stimulate and support growth in the ICT sector;
· Advance economic and social transformation in the ICT sector;
· Contribute towards the reduction of unemployment and poverty alleviation;
· Support skills development and training initiatives;
· Foster equity and address the legitimate economic aspiration of all South Africans;
· Provide an enabling environment conducive to transparency, fairness, and consistency when adjudicating on matters related to BEE in the ICT sector; and
· Comply with the requirements of the ICT Sector Code as deferred hereunder and where possible meet and exceed targets across the sector.


Gazetting of the ICT Sector CODE

Having initiated the process of developing the BEE CODE for the ICT sector, we therefore propose this ICT Sector CODE to be gazetted as a Code of Good Practice for the ICT sector in terms of Section 9(1) of the B-BBEE Act, (B-BBEE Act 53 of 2003).


The Sector Code shall remain effect until amended substituted or repeal under section 9 of the Act. The Minister of Communications will review the ICT Sector Code following the end of the tenth year following the commencement date of this statement; despite the aforementioned, annual reviews will take place to monitor the implementation of B-BBEE throughout the economy.