THE CODES OF GOOD PRACTICE FOR BROAD – BASED BLACK ECONOMIC EMPOWERMENT FRAMEWORK FOR MEASURING BROAD-BASED BLACK ECONOMIC EMPOWERMENT

B-BBEE Codes of Good Practice Implementation Framework Broad-based BEE Act No. 53 of 2003 Legislative Enabling Framework Broad-based BEE Strategy Strategic Framework Codes of Good Practice Implementation Framework and Guidelines Generic or Sector-specific BEE Scorecards Interpret BEE Definitions & Principles Set BEE Indicators, Weightings and Targets Guidelines to draw up BEE charters Guidelines to maintain Institutional Framework (BEE Council /Accreditation Agencies)

BROAD BASED BENEFICIARY BASE Equitable Economic Opportunities Emerging black middle class & Investors Ownership And Management The Opportunity Barrier Black entrepreneurs Affirmative Procurement Enterprise Development The Business Barrier Skills Development & Employment Equity Black workers and job-seekers The Skills Barrier Employment Equity/Job creation Corporate Social Investment Black unemployed & rural poor The Poverty Barrier

STRUCTURE OF THE CODES OF GOOD PRACTICE The Benefits of the Adopted Structure: Logical Flow of the Structure: The Code is structured according to the logical flow of the BEE scorecard. Flexibility of the Structure: It enables the Minister and DTI to expand, amend or remove individual statement as and when required, without having to re-issue the entire Code of Good Practice. Best Practice: The structure is similar to that used by the Generally Accepted Accounting Practice internationally.

ARRANGEMENT OF THE CODES What is it? 000 Conceptual Framework of B-BBEE 100 Ownership 200 Management Control 300 Employment Equity 400 Skills Development 500 Preferential Procurement 600 Enterprise Development 700 Socio- Economic Development General Principles and the Generic Scorecard Measures effective ownership of enterprises by black people Measures effective control of enterprises by black people Measures initiatives intended to achieve equity in the workplace Measures the extent that employers carry out initiatives designed to develop the competencies of black employees Measures the extent that enterprises buy goods and services from BEE Compliant suppliers as well as black owned entities Measures the extent to which enterprises carry out initiatives contributing to Enterprise Development Measures the extent to which enterprises carry out initiatives contributing to socio-economic development 800 Qualifying Small Enterprises Measures the extent to which enterprises carry out contributions made by Qualifying Small Enterprises

CODE 000 : GENERIC SCORECARD Element Weighting Compliance Targets Ownership 20 points 25% +1 Management control 10 points (40% to 50%) Employment Equity 15 points (43% to 80%) Skills Development 3% of payroll Preferential Procurement 70% Enterprise Development 3% (NPAT) Socio-Economic Development 5 points 1% (NPAT) TOTAL 100 points

CODE 004 : SCORECARD FOR SPECIALISED ENTERPRISES THE TREATMENT OF OWNERSHIP FOR SPECIALISED ENTERPRISES FOR THE PURPOSES OF B-BBEE Companies limited by guarantee Higher Education Institutions Non-profit Organisations Public entities and other Enterprises wholly owned by organs of state Public Benefit Schemes Section 21 Companies; and Specify scorecards applicable to Measured Entities subject to this statement

CODE 004 : ADJUSTED GENERIC SCORECARD Element Weighting Code series reference Management control 15 points 200 Employment equity 300 Skills development 20 points 400 Preferential procurement 500 Enterprise Development 600 Socio-Economic Development 700

CODE 000 : BEE STATUS Level BEE Score 1 100 2 85 ~ 100 3 75 ~ 85 4 65 ~ 75 5 55 ~ 65 6 45 ~ 55 7 40 ~ 45 8 30 ~ 40 Not Compliant < 30 BEE Recognition Level 135 % (e.g. R1 = R1.35) 125 % 110 % 100 % (e.g. R1 = R1) 80 % 60 % 50 % 10 % 0 % (e.g. R1 = R0) BEE status for companies will be recognised based on the status table above Customers (public and private sector) will prefer to interact and procure from companies with higher BEE status (for its own recognition)

CODE 000 : Key Principles Key Principles Description Implication Substance over Form Broad-based BEE must be measured and reported according to economic reality rather than legal form Penalize the use and reporting of ‘fronting’ or ‘sham’ BEE structures and entities Broad-based BEE Scorecard BEE is measured based on seven core elements: ownership, management, employment equity, skills development, preferential procurement, enterprise development and socio-economic development Facilitate changes in business behaviour (in all key elements) Extend BEE benefits to as many beneficiaries as possible Systematic and quantifiable approach BEE Recognition Tiers and Multiplier Effect All companies measure BEE based on a score system, and receive higher recognition for higher BEE compliance Foster competition among companies and industries Encourage all companies to implement and monitor BEE compliance in all its economic interactions

CODE 000 : General Principles Description Parity Principle Beneficiaries should compromise: Black women: 40 – 50 % Black people with disabilities, black youth, black people living in rural areas and black unemployed people: 2 – 3 % (“Black Designated Groups”) Transitional Period 12 Months transitional period to allow for conversion from narrow-based to scorecard approach Provide mechanism to facilitate the adoption of scorecard in reporting and decision-making

Government and State Organs APPLICATION OF THE CODES OF GOOD PRACTICE Procurement, Licensing and Other Implementation Levers Procurement Other Economic Participants Licensing Procurement Financing Partnership Economic Economic Partnership First Tier Economic Beneficiaries Government and State Organs Financing Procurement Financing Partnership Economic Monitoring Other Economic Participants

CODE 000 : Guidelines for the Development and Gazetting of Transformation Charters and Sector Codes Objectives: Outline recommended charter formulation process Describe the role and constitution of charter councils Specify principles for gazetting charters as: for information purposes and to give credibility to the charter (s12 of BEE Act) for implementation as a code of good practice (s9 of BEE Act) encourage alignment of key principles and definitions throughout all sector charters with the codes

QUESTIONS AND DISCUSSION

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