Broad Based Black Economic Employment Act/BBBEE

PURPOSE

  • Enables wealth to be spread more broadly across all population groups
  • Outline areas that would give the government the platform for bringing equitable spread of wealth
  • Allows for the development of codes of good practice
  • It aims at targeting inequality in the south African economy

IMPACT OF THE BBBEE ON BUSINESSES – POSITIVES/ADVANTAGES

  • Encourages businesses to address the demand for redress/equity directly
  • Provides a variety of business codes to improve employment equity
  • A good bee ratings improve the image of the business
  • Promotes enterprise development, entrepreneurial skills previously disadvantaged individuals
  • Businesses that comply with BBBEE regarding the pillars will be rated high on the bee scoreboard/ may get government tenders/may attract other BBBEE business partners or suppliers
  • Encourages businesses to address the  demand of redress/equity directly
  • Provides for human  resources development through training and development
  • Promotes enterprise development, by developing entrepreneurial skills for designated people to start their own businesses
  • Businesses will have a good overview on how its performing in comparison to other businesses in the rest of the country
  • By focusing on BBBEE the business will show commitment towards the social/education/economic  development in the community/country
  • Once rated the business will understand how to develop BBBEE strategies that will increase BBBEE ratings on an annual basis.
  • Fronting is discouraged, as it may lead to the disqualification of a business,s entire scorecard/BBBEE status.
  • Share prices BBBEE compliant business are likely to increase as they attract more businesses
  • Businesses that support small micro, medium enterprises [SMMES] may increase their own BBBEE ratings
  • Complying with BBBEE requirements give a businesses experience/exposure to be able to provide better employment opportunities/staff development

NEGATIVE/DISADVANTAGES

  • Businesses that want to do businesses with the government must have their own BBBEE assessed annually.
  • Processes may lead to corruption/nepotism if not monitored properly.
  • Investment/ownership issues can cause unhappiness amongst existing shareholders/owners.
  • Businesses have to go through the processes of having their own BBBEE compliance measured/verified by an independent BEE verification agency
  • Provides for preferential procurement so certain businesses may be excluded from supplying goods/services.

DISCRIMINATORY ACTIONS ACCORDING TO BBBEE

  • Failing to implement affirmative  action to meet BBBEE responsibilities
  • Promoting unsuitable people into management position at the expense of qualified pdps
  • Refusal to award tenders to black suppliers who are bee compliant

PENALTIES FOR NON COMPLIANCE WITH THE BBBEE

  • Businesses may face imprisonment for non compliance and fronting practices
  • The penalty could be a fine of up to 10% of the company annual turnover
  • A business can be banned from participating in government contracts for a period of ten years
  • Business  licence may not be renewed and authorisation may not be issued
  • Government will cancel any contracts awarded that was based on false information  regarding BBBEE status
  • Businesses that fail to achieve at least  a minimum 40% of compliance with ownership skills development and new enterprises and supplier development will automatically downgraded the by on e level

WAYS IN WHICH BUSINESSES CAN COMPLY WITH BBBEE

  • Businesses must appoint black people in managerial positions
  • Businesses must sell shares to black employees/people
  • Send black people for black skill development  training
  • Outsource their  services to BEE compliant suppliers
  • Implement affirmative actions when making appointments
  • Develop small business/ SMEs through enterprise development
  • Improve the standard of living of the communities in which they operate

BBBEE COMPLIANCE

OLD PILLARS REVISED PILLARS
MANAGEMENT MANAGEMENT CONTROL
EMPLOYMENT EQUITY  
SKILLS DEVELOPMENT SKILLS DEVELOPMENT
OWNERSHIP OWNERSHIP
PREFERENTIAL PROCUREMENT/SUPPLIER DEVELOPMENT ENTERPRISE AND SUPPLIER DEVELOPMENT
ENTERPRISES DEVELOPMENT  
SOCIAL RESONSIBILITY SOCIO-ECONOMIC DEVELOPMENT/SOCIAL RESPONSIBILITY

According to the Revised BBBEE pillars, five key areas of compliance are used to measure a businesses compliance to BBBEE. These are

Ownership: points are earned by selling shares to black people Management Control: points are earned by appointing black top managers and directors Skills Development: points are earned by training employees through on the job training or formal training Enterprise and Supplier Development: points are earned by assisting smaller black owned businesses to grow Socio economic Development: points are earned by supporting black social causes.

 

IMPLICATION OF BBBEE PILLARS ON BUSINESSES

MANAGEMENT CONTROL

  • Appoint black people in senior executive positions/management
  • Ensure  black female representation in management
  • Implement transformation  at all levels of management
  • Ensure that black people are involved in decision making process.
  • Business must ensure that transformation is implemented at all
  • levels.
  • Businesses are directly penalised for not implementing this pillar.

SKILLS DEVELOPMENT

  • Business must engage black employees in skills development initiatives
  • Provide learnership and learning programmes to black people
  • Business must contribute 1% of their payroll to fund the skills development programme
  • Business benefits from the increased pool of skilled/trained workers
  • Business must go extra mile to train staff where learnership are not offered
  • Productivity is compromised as mentors/coaches have to find to participate in learnership/training

OWNERSHIP

  • Business should include black people in shareholding/partnership/franchise
  • Exempted micro enterprises (EMES) with an ownership of 50% or more of black people are promoted to level 3 of the be scorecard
  • More opportunities are created for black people to become owners /entrepreneurs.
  • Encourage small black investors to invest in big companies and share ownership.
  • Large business should form joint ventures with small black owned businesses and share businesses risks
  • Business sometimes find it difficult to locate suitable black business partners/shareholders
  • Many black people cannot afford shares in companies/contributions to partnership

 

ENTERPRISE AND SUPPLIER DEVELOPMENT

  • Business must create jobs as ESD promotes local manufacturing.
  • Businesses are encouraged to invest/support black owned SMMEs.
  • Contribution can be monetary, e.g. loans/investments/donations.
  • Contribution can be non-monetary, e.g. consulting services/advice/entrepreneurial programmes, etc.
  • Outsource services to suppliers that are BBBEE compliant.
  • Identify black owned suppliers that are able to supply goods and services.
  • Develop the business skills of small/black owned suppliers, e.g.sales techniques, legal advice, etc.
  • Support the cash flow of small suppliers by offering them preferential terms of payment.
  • Businesses should invest in/support black owned SMMEs.

SOCIAL RESPONSIBILITY/ SOCIO-ECONOMIC DEVELOPMENT

  • Businesses should CSI focus on critical areas which can affect growth and development in the country e.g. environmental awareness/education/ housing, poverty/unemployment etc.
  • They should distribute scarce CSI resources to selected beneficiaries in the community.
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