Amendements to the DTI B-BBEE COGP INTRODUCED BY GAZETTE 42496

  • Posted on: 22 November 2019
  • By: admin

The above gazette becomes compulsory in a few days time on 1st December 2019.  Sector Codes will possibly align with gazettes in the 1st half of 2020 but some of these changes will apply from 1st December where they are silent on a specific provision. 

The input we have received from the Dti on this subject is as follows:

“Any proof of B-BBEE Status Level, whether it be a Verification Certificate, Sworn Affidavit or an Exempted Micro Enterprise (EME) Certificate issued by the Companies Intellectual Property Commission (CIPC) on or after 01 December 2019, MUST be measured against the 2019 amended provisions of Code Series 000, Code Series 300, Code Series 400 and Schedule 1 (Gazette 42496).

This is as the repeal of the 2013 versions thereof becomes effective on this date. The relevant amendments are applicable to the Amended Generic Codes of Good Practice, all Measured Entities rated as an Exempt Micro Enterprise, Qualifying Small Enterprise or Generic Enterprise are thus bound by it.

Any Measured Entity in a sector in respect of which a B-BBEE Sector Code of Good Practice has been issued in terms of Section 9 (1) of the BBBEE Act as amended, may only be measured for compliance in accordance with that code. Such entities will therefore not be affected by these amendments. However, where matters are silent within B-BBEE Sector Codes of Good Practice, the amended provisions of Code Series 000, Code Series 300, Code Series 400 and Schedule 1 will be applicable for implementation. B-BBEE Sector Councils are encouraged to initiate an alignment process for their various B-BBEE Sector Codes of Good Practice.”

Note:

    * The Tourism Sector Code Council is first out of the blocks and has already published their aligned amendments for comment under Gazette 42725 so Tourism is not included in the analysis.
    * The CA sector code is still in draft
    * None of these changes apply to the Transport Sector Codes that are still based on the Old Codes (These must surely be repealed shortly)

Article courtesy of Mantis Networks

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