Broad-Based Black Economic Empowerment
Advisory Council
Introduction and Background
The Broad-Based Black Economic Empowerment
Act, No. 53 of 2003, (the Act) makes provision for the
establishment of the Broad-Based Black Economic Empowerment
Advisory Council (The B-BBEEAC). In order to fulfil the legal
mandate as outlined in the Act, President Jacob Zuma appointed the
members of the Advisory Council, contemplated in section 6(1)(c)
and (d) of the Act, on 03 December 2009.
The Advisory Council will provide guidance and
overall monitoring on the state of B-BBEE performance in the
economy with a view of making policy recommendations to address
challenges in the implementation of this transformation policy.
Functions of the Council
The Council is responsible for providing
leadership and direction in the implementation of B-BBEE in the
country. The functions of the Council are to:
-
Advise government on black economic
empowerment;
-
Review progress in achieving black economic
empowerment;
-
If requested to do so, advise on draft
transformation charters; and
-
Facilitate partnerships between organs of
state and the private sector that will advance the objectives of
this Act.
Who are Members of the Council
Nominations were considered from all the
relevant constituencies, including organised labour, the private
sector, community-based organisations and academic institutions.
The members are the following:
-
President Jacob Zuma, Chairperson of the
Council;
-
The lead Minister, the Minister of Trade and
Industry, Rob Davies;
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Minister of Labour, Membathisi Mdladlana;
-
Minister of Economic Development, Ebrahim
Patel;
-
Minister of Women, Children and Persons with
Disabilities, Noluthando Mayende-Sibiya;
-
Professor Mohammed I. Jahed, professor of
macro-economic policy, economics and public finance at the Wits
University Graduate School of Public and Development Management;
-
Prof Eltie Links, a professor extraordinaire
at University of Stellenbosch Business School and also lectures
on international trade and economic issues at the University of
Pretoria's Investment and Trade Policy Centre;
-
Ms Wendy Lucas-Bull, a businesswoman and the
founder of Peotona Group Holdings, and a former CEO of First Rand
and Executive Director of Rand Merchant Bank;
-
Mr Andile Lungisa, Chairperson of the
National Youth Development Agency, with extensive experience on
issues of youth development;
-
Ms Sebenzile Matsebula, an independent
consultant and former Director in the Office on the Status of
Disabled Persons in the Presidency, who has worked in the human
rights sector from 1986 to date;
-
Mr Jerry Vilakazi, chief executive officer of
Business Unity South Africa and a former Managing Director of the
Black Management Forum;
-
Dumisani Mthalane, a member of the National
Working Committee of the South African National Civics
Organisation;
-
Ms Ellen Tshabalala, a business and
management consultant with expertise in small, medium and
micro-sized enterprises development, banking and marketing;
-
Adv Matshego Ramagaga, Vice-President of
Black Lawyers Association and former Chairperson of the Gauteng
Branch from 2006 to 2008;
-
Ms Tsakani Matshazi, President of the
Association of Black Accountants and Vice-President of the
Confederation of Black Business Organisations, with expertise in
the provision of financing solutions to SMMEs operating in
various sectors of the regional economy;
-
Mr Sidumo Dlamini, President of the Congress
of South African Trade Unions, representing the labour sector;
-
Mr Sandile Zungu, businessman with extensive
experience having served in various companies at a senior level
including NAIL and Denel;
-
Don Mkhwanazi, a former president of the
Black Management Forum with a good track record in campaigning
for broad-based black economic empowerment;
-
Dr Claudia Manning, businesswoman who has
worked extensively as adviser on policy issues as well as
transaction advice pertaining to Public Private Partnerships
B-BBEE and local and regional economic development strategy; and
-
Chantyl Mulder, senior executive for
transformation and growth at the SA Institute of Chartered
Accountants, who has served as facilitator of the BEE Charter
process amongst other work on economic transformation.
The Roles of the Sub-Committees
One of the functions of the Secretariat is to
facilitate the establishment of the Sub-Committee for the Council.
This task will be carried out as advised by the Council. The main
responsibilities of these Sub-Committees will include the
following:
-
To deal with specific matters pertaining to
the implementation of B-BBEE and make
recommendations to the Council;
-
To analyze and request sectoral research in
order to have informed position on the performance of different
sectors in the implementation of B-BBEE;
-
To assess progress or lack of progress on
different elements of the B-BBEE's scorecard;
-
Recommend action to address non-compliant
with B-BBEE legislative framework by different Organs of State
and other entities;
-
Recommend action to address misrepresentation
and fraudulent activities (fronting) reported to the Council.
In establishing the Sub-Committees, the
Secretariat will consider experts and practitioners of B-BBEE in
the private and government sectors to assist the Council on
technical matters relating to the B-BBEE and the relevant economic
transformation legislations. This approach will ensure that
Sub-Committee members with required content will be invited to
serve on the Committees.
Constitution
Section 7 (1) of the Act provides that the
Minister of Trade and Industry must establish a constitution for
the Council. In fulfilment of this provision, the Minister has
drafted the constitution for the Council's consideration.
The constitution outlines amongst other
things, the powers of the Council, frequency of meetings, quorums
and decisions, qualification criteria for membership of Council,
termination of membership, conflict of interest, reporting to
Parliament on transformation and others.
The Act states that the Minister may amend the
constitution of the Council from time to time, after consultation
with the Council. The Act further requires that the Council may,
by resolution, and after consultation with the Minister, make
rules to further regulate the proceedings of the Council.
Council Meeting Schedules
The Council will meet at least four (4) times
a year, and, if needs be, the Council may hold ad-hoc meetings as
and when required to deal with urgent matters regarding the
implementation of B-BBEE.
The Sub-Committee may meet on a monthly basis
to deal with specific matters discussed at the Council meetings.
Council Sectretariat
The Secretariat of the Council is located at
the dti, and it works closely with the Presidency to administer
the work of the Council.
the dti has already established the
Secretariat which is made up of the members of staff in the B-BBEE
Unit from the dti, namely;
Ms. Nomonde Mesatywa - Chief Director
Mr. Takalani Tambani - Director
Ms. Lindiwe Madonsela - Deputy Director
The Secretariat is accountable to the Minister
of Trade and Industry and must -
-
Keep full and proper records of all income
and expenditure of the Council;
-
Within three months of the end of the
financial year, prepare and submit to the Council financial
statements reflecting the income and expenditure of the Council;
-
Keep accurate minutes of all Council meetings
and circulate these to Council members;
-
Make all the necessary logistical
arrangements for Council meetings;
-
Facilitate the appointment of Sub-Committee
members of the Council;
-
Facilitate B-BBEE studies and research on
behalf of the Council and its Sub-Committees;
-
Develop working relationships with key
stakeholders, including Sector Council and others, to facilitate
their reporting on B-BBEE;
-
Carry out any other task assigned to the
Secretariat by the Minister of Trade and Industry, after
consultation with the Council.
Contact Information
The B-BBEE AC Secretariat:
the dti Campus
Ground Floor, Block B
77 Meintjies Street
Sunnyside
Pretoria
0001
Tel: (+27) 12 394 1941
Fax: (+27) 12 394 2941
E-mail: BBBEEAC@thedti.gov.za
