ARTICLES

March 29, 2018

On the 29th March 2018, the DTI issued two new draft codes for comment by the Public for the next 60 days. Traditionally, after comment, these drafts on the Codes are gazetted in a substantially similar form as they are released. The first is the Amendment to Code 000 specifically relating to Ownership and ownership recognition, and the second is the Amendment to Code 300 specifically in relation to Skills Development under B-BBEE.

If these Amendments are gazetted in their current form or a form substantially similar they will affect how Companies spend their Skills Development money under B-BBEE,...

January 10, 2018

The Amended B-BBEE Codes put pressure on companies to implement Learnerships, Internships and Apprenticeships for both employees and the unemployed.

The definitions of these are sometimes different in the B-BBEE Codes and for the Setas so it is important to ensure that you are implementing the right kinds of programmes.

What is a Learnership?

A learnership is a programme which involves both classroom training and workplace experience. The programme will result in a qualification which is registered on the NQF. The learner will need to be registered with the Seta and an accredited training provider w...

November 16, 2017

If your company has a financial year end of February and your company intends to continue to be verified for B-BBEE, the actions of this current financial period will be those that are verified for your next verification under the Amended Codes of Good Practice. Here are a few important points to remember!

Ownership and Management Control

These elements are verified as at the date of rating and so any changes to these elements after your financial year end need to be monitored to ensure that your score during verification does not drop below your expectations.

Skills Development, Enterprise Developm...

September 22, 2017

Under the (2013) Revised B-BBEE Codes of Good Practice, an EME is only required to obtain a sworn affidavit on an annual basis confirming this status. Any entity with an annual revenue less than R10 million qualifies as an Exempt Micro Enterprise (EME). BEE Certificates are no longer used for any Exempt Micro Enterprise Entities who do not fall in any sector charter.

Any EME automatically qualifies as follows:

  • Level 1 issued if black ownership is 100% (Procurement recognition level of 135%)

  • Level 2 issued if black ownership is 51% or more (Procurement recognition level of 125%)

  • Level...

July 13, 2017

The draft Amended Construction Sector Code was published for comment on 28 October 2016. The period for public comments to be submitted for this document is 60 days.

The Amended Construction Sector Code is likely to have a large impact on companies operating in the construction sector. In this article I will highlight the differences for this sector in the EME companies.

This draft sector code separates Construction Contractor and Built Environment Professional organisations (BEPs).

BEPs include, but are not limited to consulting engineers, architects, quantity surveyors and town planners.

What is an...

May 30, 2017

South Africa has for a long time endorsed human rights and constitutional rights, the general well-being of its populace has always been a priority; therefore the implementation of Ergonomics regulations is on par with the status of the country. The purpose of these regulations is to establish programmes that will manage physical and cognitive ergonomics in the workplace, ensuring comfortable working conditions for employees.

Why ergonomics is beneficial for both employer and employee

In general, people are more receptive to positivity; it is inclination to be more productive under “happier” condit...

March 27, 2017

After the Construction Council unveiled the Construction Sector Code draft to the public on the 28th October 2016, up to 35 comments were received during the 60 day period. Most of these comments related to the calculation formulas, technical queries on the weighing points, corrections and minor additions on the text as well as few contesting the new scope of application of the sector.As a result of the recommendations and suggestions that were received from the public, the construction sector scope of application will be amended.

PPPFA effect on BBBEE

The revised Preferential Procurement Policy Fr...

July 20, 2016

The Amended B-BBEE Codes which are now in effect are very clear when it comes to the application of the sector codes. The Codes state that:

“A Measured Entity in a sector in respect of which a sector code has been issued in terms of Section 9 of the BBBEE Act as amended, may only be measured for compliance in accordance with that code.”

The question about what would need to happen in terms of companies operating in sectors arose as most of the Sector Codes were either not amended or gazetted by the time the Amended Codes of Good Practice came into effect

What now for Sector companies?

On the 17 Febru...

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