Please see a proposed revision of the Codes of Good Practice, in particular, Statement 000 (General Principles), as well as Code 300 (Skills Development). This is open for public commentary for sixty days, commencing on the 29th March 2018.
Key Amendments under Statement 000:
There are other amendments that seek to clarify as well as make the codes more compact.
Key Amendments under Statement 300 – Skills Development:
Unfortunately, the issue of what constitutes ‘Mandatory Training’, which is not claimable under this statement, is not addressed in this draft amendment.
Please submit any comments you may have directly to the DTI as per the instructions on the gazetted. Alternatively, speak to your nearest Empowerdex branch, and we can incorporate your comments into our comment letter.
The Empowerdex Team
Dear Valued Client,The Department of Trade and Industry has issued the amended Tourism Sector Code, in terms of Section 9 (1) of the B-BBEE Act 53, effective immediately. All entities requiring a rating within the tourism sector, will need to adhere to this gazette.Further to this, a draft of the AgriBEE Sector Code has been released and the public has been invited to comment for a period of 60 days. Details on where to send any written correspondence can be found on the first page of this document.Should you need any further clarity on the above two sector codes, please feel free to speak to an analyst in your nearest Empowerdex office.The Empowerdex team
Dear Valued Clients,We bring you insights into the announcements made by the DTI in the last week;The Minister of Trade and Industry, Dr Rob Davies (MP), published a Public Statement on the Commencement of Section 3(b) of the Broad-Based Black Economic Empowerment Amendment Act, 2013 (Act No. 46 of 2013) also known as the ‘ trumping provision”. What this then means is: if a law that was passed before the commencement of the Broad-Based Black Economic Empowerment Amendment Act, 2013 (Act No. 46 of 2013) is in conflict with the B-BBEE Act, then the B-BBEE Act will prevail, except in the case for Petroleum and Mining as per the clarification below.
The Petroleum and Mining Industries have been given a further 12 month extension on the requirement to align to the Amended Codes. Read the following notice released by Minister Rob Davies.
In addition, the DTI has called for the final submissions of sector codes; Sector Charter Councils have been given until 15 November to submit aligned sector codes to Trade and Industry or suffer the result of being repealed.
Should you need to understand any of the above in more detail, feel free to speak to an analyst at your nearest Empowerdex office.The Empowerdex Team
Dear Valued Client,
Please see a circular providing clarity to Accounting Officers and Authorities on the acceptance of sworn affidavits as required in terms of CoGP (2013).
Also for your reading are the King lll Practice Notes to give guidelines on how best to incorporate into strategy, and report on B-BBEE in such a way that will give stakeholders a sufficient way to comprehend the compliance level of an entity.
In July we provided a formula for calculating the Employment Equity section of the new Management Control Code, which also affects the Skills Development calculations. We have now finalised our Skills Development formula where you can change EAP targets, taken from the STATS SA website, as required between national and regional demographics (please make sure you adjust these figures accordingly). See the attached document for your use.
Feel free to contact your local office, should you require any clarity on the topics outlined above.
The Empowerdex team
Dear Valued clients,
Please see attached communication from the DTI that provides some leeway and clarity on some issues that have been outstanding as we entered into the new phase of applying the 2013 Codes of Good Practice. Important points to note:
There are other points raised in this clarification statement, and we would be happy to discuss further with you. Please do contact us.
The Empowerdex team
What is your projected annual turnover for the financial year covering 31 December 2016?
0 to R10,000,000 R10,000,001 to R50,000,000 Greater than R50,000,000
A Tender Letter will be issued automatically at the start of the engagement process and is valid for a 3 month period, which is the time within which the verification should be completed even if there are delays. Tender letters may, unfortunately, not be re-issued upon expiry thereof. Please contact your local office should you have further queries regarding a tender letter.
Once verified, a company may only use the Empowerdex Certified Empowerment Contributor trademark logo, when referring to its verification status once it has obtained the written consent of Empowerdex. Please consult the Standard Terms and Conditions of verifications for the terms of utilising the logo. It should be noted that use of the Certified Empowerment Contributor logo must be followed by the actual verified status achieved by the company, i.e. ‘Empowerdex Level Four verified’ and NOT simply ‘Empowerdex verified’. A company may not make use of the Empowerdex branding logo without permission in writing, from Empowerdex.
The Certified Empowerment Contributor is a trademark which may ONLY be used by companies that have been rated by Empowerdex, South Africa's leading verification agency.
The introduction of the Certified Empowerment Contributor trademark is intended to enhance the credibility of your company's BEE status by allowing you the privilege of proudly displaying this token of your company’s commitment to BEE.
Companies that have been rated by Empowerdex and wish to exhibit the Certified Empowerment Contributor status, may use the trademark on corporate stationery, marketing materials and websites.
An Empowerdex verified company with a B-BBEE contributor status above a level 5, according to the DTI Codes of Good Practice.
Any company that meets the licensing criteria will be permitted to utilise the Certified Empowerment Contributor trademark for FREE.
Illegal use of both the Empowerdex logo and the Certified Empowerment Contributor trademark will be dealt with as per our internal policies.
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