BEE

Yes To Y.E.S Initiative

The Youth Employment Services (Y.E.S) initiative was gazetted on 28 August 2018 with an accompanying practice note on 12 October 2018. This initiative will be run and monitored by the Yes-4-Youth non-profit organisation. Should an entity wish to implement and take part in the Y.E.S Initiative they need to register on the Yes-4-Youth website at: www.yes4youth.co.za.  If you do not register on this website you will not be able to claim the enhancement for your Broad – Based Black Economic...

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The Tendering Process in South Africa

A tender refers to the process whereby governments invites bids for large projects that must be submitted within a prescribed deadline. During this process, an offer, bid, proposal or expressing interest in response to an invitation are made. It is important for all potential bidders to familiarize themselves with the tender process and principles in South Africa. The process includes attending briefing sessions, reading the whole tender document, ensure you take note of the closing date and...

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The importance of Preferential Procurement on the B-BBEE Scorecard.

Since the inception of the revised codes, companies have placed more time and resources into their Broad-Based Black Economic Empowerment (B-BBEE) journey. However, after 3 years companies have realised that arguably the most important sub-element of the B-BBEE scorecard is Preferential Procurement, under the Supplier & Enterprise Development element. Previously very little attention was given to this element. However, seeing as this forms part of a priority element and also provides...

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Is B-BBEE Compulsory for my business?

Broad-Based Black Economic Empowerment (B-BBEE) legislation is important for businesses and has an impact on the operations of businesses. It is intended to stimulate the process of participation of previously disadvantage groups in the economy and lead to increased economic growth. It is important to note that BEE compliance is technically not compulsory for privately-owned businesses, but it is important for businesses to participate in BEE as it has a big financial impact on the business....

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Scope of Application and what it means for your business

It is very important for a business to be aware of which Broad-Based Black Economic Empowerment (B-BBEE) Codes are applicable to their specific business. The following amended Sector Codes have been gazetted by the Department of Trade and Industry to date: Agriculture Construction ICT (Information Communication and Technology) Finance MAC (Marketing Advertising and Communication) Property Tourism The draft amended Transport Sector Code have been gazetted but not yet finalised. This means that...

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B-BBEE Restructuring – Pitfalls to avoid

Most Broad-Based Black Economic Empowerment (B-BBEE) Sector Codes have been amended and are currently in effect. There is a great need for businesses to become B-BBEE compliant. In order to do these many companies are considering restructuring to assist with compliance, but if this is not done properly the process could actually cause more harm than good. When considering different restructuring options it is important to steer clear of any practice that could be seen as a fronting practice as...

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Enhanced Recognition for EMEs and QSEs with 51% Black Ownership

An Exempted Micro Enterprise (EME) or Qualifying Small Enterprise (QSE) that qualifies for an automatic level 2 due to having 51% black ownership, is required to comply with 40% of the QSE Skills Development target as a compulsory priority element to avoid discounting. How to achieve level 1. The Amended Construction Sector Charter provides that an EME can choose to enhance its status by one of the following ways: Obtain measurement in terms of Skills Development expenditure as per the QSE...

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The employers guide to: The Youth Employment Service

Gazetted on 29 March 2018, The Youth Employment Service (YES), intended to provide work opportunities for black youth between the ages of 18 and 35. This transformative endeavour by the Government aims to lower the increasingly high levels of unemployment in South-Africa to provide 12 month or fixed-term employment contracts. The YES initiative intendeds on incorporating its implementation into the Skills Development element of the Amended Broad-Based Black Economic Empowerment (B-BBEE)...

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What is tender fraud and how to avoid it

Since the political transition of South Africa in 1994 and the implementation of Broad-Based Black Economic Empowerment (B-BBEE), tender fraud became an issue South Africa is facing. There are 7 main types of tender fraud: Misrepresentation of a company’s credentials including their ownership, management and control, directors and turnover, by submitting forged documents. Collusion and manipulation in the tendering process between employees and issue of the tender in the form of bribes or...

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How to minimize Skills Development Expenditure

The Amended Construction Sector Code was published on 1 December 2017. This code has implications for entities that previously, under the Codes of Good Practice, didn’t need to make any contributions to obtain a specific level. This specifically refers to Qualifying Small Enterprises (QSEs) that qualify for automatic level 1 or 2 sworn affidavits in terms of the Codes of Good Practice. In terms of the Codes of Good Practice, if an entity with a turnover between R10 million and R50 million have...

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