Broad Based Black Economic Empowerment (BBBEE) advice and planning

If you are needing advice as to whether you are required to adhere to the Broad Based Black Economic Empowerment (“BBBEE”) Act, regulations, sector codes or need to implement the parameters of these provisions then, make use of our professional expertise to ensure that you setup your infrastructure so that you achieve the most optimal BBBEE score.

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Suggested reading and related topics:

Find an Attorney:  BBBEE – a short summary

skills development

Understanding “Skills Development” for BBBEE purposes

Understanding Skills Development is no longer only a nice-to-have, it is a necessity for all companies.  Skills Development has always been regarded as an important pillar for economic success and stability, however, with practical issues, like a lack …

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New Mining Charter – Are You ready?

The Department of Mineral Resources (“DMR”) has recently released an updated draft of the Reviewed Broad-Based Black-Economic Empowerment Charter for the South African Mining Industry, 2016 (“Reviewed Mining Charter”). The reviewed mining charter provi …

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BBBEE employee share schemes: The tax consequences for the employee

A key question comes to mind from an employee’s perspective particularly… If benefits under a BBBEE employee share scheme are linked to an employment relationship, are these benefits subject to income tax in the hands of employee? Or dividends tax in t …

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Commercial Law South Africa: Trading assets for shares

In many instances assets are traded for shares in order to avoid complex legal and tax considerations. This will happen particularly when a business wishes to transfer assets from an existing to a new entity.   Section 42 of the Income Tax Act 58 …

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BBBEE Ownership Compliance: Employee Share Schemens – The Do’s and the Don’ts

Since the recent amendment of the Broad Based Black Economic Empowerment Act 53 of 2003 and its regulations, i.e. the Codes of Good Practice, (jointly referred to as the “BBBEE Act”), whereby complying with the ownership requirement of the BBBEE scorec …

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New BBBEE Codes of Good Practice – Time to get a move on!

The BBBEE Amended Codes of Good Practice came into law on 1 May 2015 (already) and it has made fundamental changes to our current BBBEE regulations.  All businesses should speedily assess the impact of these changes on their BBBEE rating/status and gen …

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BBBEE compliance, fronting – how alive and well is it really?

BBBEE compliance has become a popular item for debate. It is common cause, that examples of fronting include very clear violations, where companies appoint their secretaries, tea ladies or gardeners as directors, often without their knowledge in order …

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The Star: Get legal advice when you need it

Read our feature in The Star Newspaper, published on 30 October 2015. …

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The Star: Relook revised broad-based codes

Read our feature in The Star Newspaper, published on 7 August 2015. …

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Tax consequences of Incentive Trusts…a real incentive, or not?

Over the past few months the DTI as issued various clarification notices regarding the nature and potential impacts broad-based schemes and employee share schemes would have on the BBBEE score of companies. In addition, the now compulsory ownership ele …

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The Star – BBBEE: Managerial levels should be adjusted

Read our feature in The Star Newspaper, published on 3 July 2015. …

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BEE Codes of good practice. So, the BBBEE ownership debate continues – what to do?

In October 2013, the revised Broad-Based Black Economic Empowerment (Codes of Good Practice) Codes were gazetted by the Minister of Trade and Industry (DTI). These (new) BEE Codes of Good Practice came into operation on 30 April 2015 (“new codes”) ther …

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It’s a Bird, it’s a Plane… No it’s a BBBEE Share Scheme

As the title implies the average person would see a BBBEE share scheme as a miracle. In reality, it is not, like all share schemes it is aimed at purely distributing the wealth of the company amongst the employees. Yet BBBEE schemes are to do more with …

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Employee share schemes and compliance with BBBEE ownership

BBBEE (or Broad Based Black Economic Empowerment) is very topical, especially now with the upcoming compliance deadline in April 2015. BBBEE is a programme launched by Government to redress the inequalities of Apartheid, by giving certain previously di …

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The Management Control Element of the Revised Broad-Based Black Economic Empowerment Codes

Earlier this month (March 2014) it was reported that the Department of Trade and Industry (“DTI”), the custodian of the Revised Broad-Based Black Economic Empowerment Codes of Good Practice (“New Codes”), has decided to delay the implementation date of …

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Ownership Element In Terms Of The Revised Broad-Based Black Economic Empowerment Codes

In our last month’s edition we provided a summary of some of the salient features of the Revised Broad-Based Black Economic Empowerment Codes of Good Practice (“Codes”). We mentioned that the elements have now been reduced from seven to five. In this m …

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The Revised Broad-Based Black Economic Empowerment Codes

On 11 October 2013 the Minister of Trade and Industry (DTI), Dr Rob Davies, gazetted the revised Broad-Based Black Economic Empowerment (BBBEE) Codes. The new Codes will replace the existing BEE Codes of Good Practice when they come into operation on 1 …

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Are you up-to-speed with the new B-BBEE codes?

In October 2012, the Department of Trade and Industry (DTI) released the revised Broad-Based Black Economic Empowerment (B-BBEE) Codes of Good mzo tshaka (newsletter article feb 2013) v5 FINAL (mt) Practice for public comment. The 60 days allowed for c …

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Should the implementation of affirmative action measures be stifled if implementing them would adversely affect people from non-designated groups?

It has been said that affirmative action is a process that seeks to create a working environment based on principles of substantive equality whose ultimate aim is to create a workforce that represents South Africa’s population. In a country like South …

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The new Companies Act – BEE

In the next of a series of articles, to be published in De Rebus magazine, regarding the implications of new Companies Act of 2008, Malokane, briefly discusses the implications of the new Act on BEE transactions. Share sale transactions and transfers p …

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The co-operative as an appropriate enterprise for BEE [abstract]

The co-operative is the most empowering business entity that there is. And it is an amazing tool to empower people, being a business activity by the people, for the people… <Read more – part 1> <Read more – part 2> …

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