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B-BBEE Charters
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A number of Sector Charters have been introduced, vetted, analysed for compliance and
recommended for gazetting. The Department initiated separate engagements with all Sector
Councils, to align the Charters with relevant BEE legislation and to gain a bettering
understanding of the principles embedded in the Charters.
The below include the B-BBEE Charters gazetted in terms of Sections 12 and 9 of the B-BBEE Act.
A B-BBEE Charter gazetted, in terms of Section 12 of the B-BBEE Act, means that:
- The Charter has been agreed by major stakeholders in the industry for
information purposes only, and is used as a statement of intent; and
- The Charter is only binding between and amongst the businesses operating in the
industry and has no bearing on state organs and departments.
A B-BBEE Charter gazetted in terms of Section 9 of the B-BBEE Act, means that:
- Members of the public are afforded sixty (60) days in which to comment and make
inputs on the Draft Sector Charter.
- Once completed, the gazetted Charter receives the same status as the B-BBEE Codes of
Good Practice and is fully binding between and against any person and/or entity that seeks
to do business in the industry.
Final Sector Codes Gazetted in May/June 2009
- Forest Sector Code no 31676:
Part 1 (Pages 1 - 24),
Part 2 (Pages 25 - 36)
The Forest Charter has been gazetted as a Sector Code in terms of Section 9 (1)
of the BBBEE Act 53 of 2003. The Sector Code is an industry agreed empowerment initiative in
the Forest Sector and seeks to deal with a number of transformation challenges in Forest Sub-Sectors in
commercial primary growth, fibre production, contracting, sawmilling, pole and charcoal.
Amongst other highlights, the Forest Sector Code gives bonus points as an incentive for
enterprises to achieve the 30% ownership. It further seek to encourage and support entities to do procurement
and job creation initiatives in the sector.
The Forestry Sector Charter No. 31676:
(Draft Sector Charter gazetted in terms of section 9(5) in 2008)
- Construction Sector Code no 32305:
the dti announces the gazette of the Construction Sector Code in terms of Section 9 (1) of the BBBEE Act.
The gazette means that the Construction Sector Code is final and binding amongst stakeholders in the Construction
industry and it presents the industry with the ideal opportunity for the advancement of transformation and
Black Economic Empowerment 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.
The Construction Sector Charter No. 31675:
(Draft Sector Charter gazetted in terms of section 9(5) in 2008)
- Tourism Sector Code no 32259:
The Tourism Sector Charter has been gazetted as a Sector Code in terms of Section 9 (1) of the B-BBEE Act. 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.
The Tourism Sector Charter No. 31168.
(Draft Sector Charter gazetted in terms of section 9(5) in 2008)
The following Charter was gazetted in terms of Section 9 (5) in 2008:
- The Integrated Transport Sector Charter no 31744:
Published on 24 December 2008, public comment was requested, up to the 2009 deadline of 24 February.
On completion of the 60-day period, a technical analysis of the Charter will be concluded to ensure final
alignment with the Act and the Codes of Good Practice. The Integrated Transport Charter deals with a number of
Sub-Sector Charters, comprising different transformation challenges in the Transport Industry.
Enquiries regarding the above should be directed to:
Contact person : Xolisile Zondo
Tel: (012) 394 1609
Fax: (012) 394 2609
Cell: 084 293 4861
Other Charters previously gazetted in terms of Section 12, include the following:
Gazetted between 2004 - 2008
Sector Charters Gazetted in terms of the Mineral and Petroleum Resource Development Act:
Charters that are still work in progress
- Information, Communication & Technology (ICT) Sector Charter;
- Liquor Sector Charter; and
- Automotive Sector Charter.
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