Why the need for the codes?
For B-BBEE to work properly consistently, visible and clearer direction is needed.
BEE initiatives to date have been characterised by:
- Lack of understanding leading to inconsistent application and appreciation of B-BBEE.
- Lack of clarity resulting in delays in the implementation of B- BBEE initiatives.
- Disparity in Charter definitions and targets between various sectors of the economy.
- Lack of implementation guidelines resulting in ‘Most going to few’, ‘fronting’ or
‘Sham’ transactions.
- Lack of underlying economic substance to many BEE transactions.
- Focus on narrow based BEE leading to a narrow base of beneficiaries.
Arrangement of the Codes of Good Practice
Code 000 (1000)
This outlines the general framework of BBBEE and includes specific detail on elements
of BBBEE; guidelines for developing Industry Charters; the accreditation of BBBEE
verification agencies; how to identify and report fronting practices and other misrepresentations;
how the BBBEE status of complex structures such as joint ventures will be verified;
and how BBBEE contributions are transferred in the event of the sale of a business.
Code 100 (1100)
This outlines how black ownership will be measured, including ownership resulting
from sales of equity instruments or assets in BBBEE transactions; the recognition
of contributions by public and state owned entities, multinations, guaranteed and
section 21 companies; and recognition of investments by BBBEE targeted warehousing
funds. Warehousing funds are a recent addition to the draft Codes and are designed
to provide a way for black shareholders to sell their interest in a business without
immediately losing its BBBEE ownership points.
Code 200 (1200)
This describes the measurement of BBBEE management and control within an organization.
Code 300 (1300)
This outlines how employment equity is recognized and measured. While code 300 focuses
on the appointment of black people in management positions, code 1300 (which is
especially for QSEs) emphasises the inclusion of black people in non- managerial
and unskilled positions, as well as the role of black woman at senior to middle
management levels.
Code 400 (1400)
This describes how skills development is measured, with specific detail on the recognized
of skill development and organisational transformation contributions.
Code 500 (1500)
This is perhaps the most difficult code to understand, and deals with the recognition
and measurement of preferential procurement contributions, ie, the extent to which
enterprises procure from companies that are BBBEE-compliant.
Code 600 (1600)
This outlines how enterprise development is recognised and measured. It focuses
on initiatives that assist or accelerate sustainable development and job creation.
Code 700 (1700)
This describes the measurement and recognition of residual BBBEE contributions (corporate
social investment) that provide black people with a means of generating income for
themselves.
Code 800 (1800)
This allows for the inclusion of Industry Charters, as and when each Charter is
passed into law, after the codes are gazetted.
Rating Benefits
BEE Ratings can be used for the following purposes:
Increased procurement opportunities by entities wishing to enhance their own broad
based BEE status through preferential procurement
Government licensing eligibility or licensing renewal process Financing decisions,
where empowerment is a key criterion for sourcing the fund, e.g. BEE Funds
Independent, reliable proof of contributions made towards economic empowerment
WHAT DO I GET? – Rating Outcome
Once you have gone through the rating process, you will be awarded a rating report
with a rating certificate. The overall rating score is equivalent to a rating status
,i.e. BBB, which in turn, is equivalent to a level contribution status, as per the
guidelines in the Codes of Good Practice.
Below is a table showing what would be on your report and what it means:
|
|
Total BEE Score
|
BEE Contributor status
|
|
Ratings
|
Above 100%
|
Level One Contributor
|
|
|
85%~100%
|
Level Two Contributor
|
|
|
75%~85%
|
Level Three Contributor
|
|
|
65%~75%
|
Level Four Contributor
|
|
|
55%~65%
|
Level Five Contributor
|
|
|
45%~55%
|
Level Six Contributor
|
|
|
40%~45%
|
Level Seven Contributor
|
|
|
30%~40%
|
Level Eight Contributor
|
|
|
0%~30%
|
Non Compliant Contributor
|