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

2. 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)

3. 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

4. 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.

5. 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

6. 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

7. 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

8. 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

9. 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)

10. 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

11. 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

12. 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

13. 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

15. QUESTIONS AND DISCUSSION

16. THANK YOU