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B-BBEE Sector Charters

The responsibility of the dti is to ensure that Sector Charters submitted for gazetting are sufficiently aligned to the B-BBEE Act and Codes of Good Practice and more importantly, that they advance the objectives of sustainable B-BBEE.

A B-BBEE Sector Charter, gazetted in terms of Section 12 of the B-BBEE Act, means that it:

• Has been developed and agreed upon by major stakeholders in the industry;
• Is published for information purposes only and used as a statement of intent by industry players; and
• Is fully binding between and amongst businesses operating in the industry.

A B-BBEE Sector Charter, gazetted in terms of Section 9(5) of the B-BBEE Act, means that it:

• Is a Draft Sector Code, which has complied with the provisions of Section 12 of the B-BBEE Act, in that major stakeholders have agreed to the stipulations of the Charter; and
• Is a Draft Sector Code, which has been published nationally for public comment and input, for a period of sixty (60) days.

• Becomes a Sector Code of Good Practice (Sector Code) and shares the same status as the B-BBEE Codes of Good Practice, published by the Minister of Trade and Industry, in February 2007; and
• Is fully binding between and amongst businesses operating in the industry.

Definitions of Concepts

B-BBEE Act	Any reference to 'the Act' means the B-BBEE Act
Transformation Sectors	Section 12 of the Act refers to the gazetting of Transformation Charters. These are also referred to as Sector Charters, developed by major stakeholders in the relevant industries, and seek to achieve broad-based transformation.
Sector Charters	These are the same as Transformation Charters, and are developed by major stakeholders in the relevant industries. They are referred to as Sector Charters for as long as they are gazetted under Section 12 of the Act.
Draft Sector Codes	These refer to Sector Charters that have been submitted to the dti for gazetting in terms of Section 9(5) of the Act.
Sector Codes of Good Practice (Sector Codes)	These refer to the Draft Sector Charters that have been gazetted in terms of Section 9(1) of the Act.
Generic Codes	These refer to the Codes of Good Practice that were gazetted in February 2007, in terms of the Act.

Sector Codes gazetted under Section 9(1):

Sector Codes	Effective date	Highlight	Gazette number
Integrated Transport Sector Codes	21 August 2009	The Minister of Trade and Industry, Dr Rob Davies (MP) announced the gazetting of the Integrated Transport Sector Codes, in terms of the B-BBEE Act. The Integrated Transport Sector Codes comprise eight (8) sub-sectors, which seek to boost one of South Africa’s largest infrastructure and Gross Domestic Product (GDP) contributors. In alignment with government's national transport action plan, the Codes aim to fast-track the implementation of efficient transportation, freight and logistics sectors within the economy. One of the main highlights is the achievement of a 35% black-ownership target, within a period of five (5) years, as prescribed by the Bus Commuter Service Sub-Sector Code. Unlike other Sector Codes gazetted earlier this year, the Integrated Transport Sector Codes will be continuously reviewed, at five (5) year intervals, from the date of publication thereof.	Download Government Gazette 32511 here
Forest Sector Code	12 June 2009	The Sector Code is an industry-agreed empowerment initiative in the Forest Sector and seeks to deal with transformation challenges in Forest Sub-Sectors of commercial primary growth, fibre production, contracting, sawmilling, pole and charcoal. The Forest Sector Code gives bonus points as an incentive for enterprises to achieve the requisite 30% BEE ownership. It further seeks to encourage and support entities to undertake BEE-compliant procurement and job creation initiatives in the sector.	Download Government Gazette 32320 here: Part 1 (Pages 1 - 24), Part 2 (Pages 25 - 36)
Construction Sector Code	5 June 2009	It presents the industry with the ideal opportunity for the advancement of transformation and BEE in the procurement of construction programmes and services. The Code also seeks to regulate a target of 30% black ownership in the industry over the next 10 years.	Download Government Gazette 32305 here
Tourism Sector Code	22 May 2009	The highlight of the Tourism Sector Code is that it has a reduced threshold of R2.5 million, as compared to a threshold of R5 million, set out in the Generic Codes. This decrease seeks to ensure that a significant number of enterprises doing business in the tourism industry are not excluded from compliance with the Sector Code.	Download Government Gazette 32259 here

Sector Charters gazetted under Section 9(5)

Draft Sector Charter	Effective date	Highlight	Gazette number
Draft Chartered Accountancy Charter	30 October 2009	With this charter the Chartered Accountancy Profession aims to increase the number of Black people, particularly black women entering the profession to reflect the country’s demographic population. Black CAs have been identified as critical skills that is short supply and yet in greater demand.	Download Government Gazette 32665 Part 1 Part 2 Part 3

Sector Charters gazetted under Section 12

Sector Charter	Effective date	Gazette number
Property Sector Charter	5 October 2007	Download Government Gazette 30333 here
Financial Sector Charter	9 February 2007	Download Government Gazette 29610 here
Agri-BEE Charter	20 March 2008	Download Government Gazette 30886 here
Marketing, Advertising and Communication (MAC) Sector Charter	29 August 2008	Download Government Gazette 31371 here

Sector Charters submitted for gazetting and consideration

• ICT Charter

Enquiries regarding the above can be directed to:

Jacob Maphutha
Tel: +27 12 394 3430
Fax: +27 12 394 4430
E-mail:jmaphutha@thedti.gov.za

or

Xolisile Zondo
Tel: +27 12 394 1609
Fax: +27 12 394 2609
E-mail:xzondo@thedti.gov.za