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Broad Based Black Economic Empowerment (BBBEE)
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Court overturns BBBEE pre-qualification
It has become a usual requirement for tenders to have pre-qualification criteria, especially including its BBBEE compliance level. The recent supreme court of appeal case, Afribusiness NPC v The Minister of Finance (Case no 1050/2019) [2020] ZASCA 140 (2 November...
BBBEE Ownership Transactions
Objects of the Broad-Based Black Economic Empowerment ("BBBEE") Act, 53 of 2003, as amended by Act 46 of 2013(hereafter the “Act”), include promoting economic transformation and achieving a substantial change in the racial composition of ownership. It is with that in...
Fronting under the BBBEE Act
A fronting practice is defined in the Broad-Based Black Economic Empowerment Act 53 of 2003 as amended (the “BBBEE Act” or the “Act”) as: “a transaction, arrangement or other Act or conduct that undermines the achievement of the objectives of the Act." Section...