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Proposed Amendments to the Codes of Good Practice

Proposed Amendments to the Codes of Good Practice

The Department of Trade and Industry have published the following 2 draft statements on 29 March 2018:

  1. Amend the following Draft Statement 000, Code Series 000 of 2018 (Gazette No.41546)
  2. Amend the following Draft Statement 300, Code Series 300 of 2018 (Gazette No. 41546)

Both these draft statements are open for 60 days from the date of publication for public commentary. Generic Entities are encouraged to work through these proposed amendments and provide the DTI with their commentary. You are also more than welcome to forward your prosed commentary to SEESA (geralene@seesa.co.za). We will then incorporate the commentary into our commentary.

The first proposed draft deals with the Generic Entities who are 51% Black Owned or 100% Black Owned. They will be entitled to obtain an automatic level 2 and 1 B-BBEE Certificate respectively. They will however not be entitled to an Affidavit as they will have to be rated on the Ownership element. This draft statement also deals with the Youth Employment Services (Y.E.S).

The second proposed draft deals with the amendment of the Skills indicator for Generic entities. The target of 6% will be divided into 3.5% for Skills expenditure on black people, for 6 points, and 2.5% for expenditure on bursaries for black people at Higher Education Institutes, for 4 points. The weighting for Learnerships and unemployed people participating in Learnerships, Apprenticeships and Internships have also been decreased from 4 to 3. An important point that we will put in our commentary is that the proposed skills amendments must only come into effect in the next financial year seeing as most entities have already spent their skills expenditure in the financial year ending February 2018.

We would really like to urge our clients to take part in the commentary process and also to highlight the importance of the skills amendments only coming into effect after the inaugural year. Commentary can be sent to the DTI directly at JManus@thedti.gov.za.

ABOUT THE AUTHOR

Geralene van Wyk obtained her BA (Psychology) and LLB degrees from the North-West University. After her studies, she completed her articles in Pretoria and was admitted as a practicing attorney in 2006 and a conveyancer in 2007. She joined SEESA BEE in 2011 as a legal advisor and is currently a SEESA BEE National Training Senior Legal Advisor at the Pretoria Head Office.

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