U-turn on elitist BEE codes a step in the right direction
11 May 2015
The DA welcomes the Department of Trade and Industry’s sudden U-turn on its clarification notice issued last week on the B-BBEE Codes of Code Practice. The department stated that the clarification notice will not have a retrospective effect, meaning all B-BBEE Deals concluded prior to 1 May 2015 will not be affected by its contents.
Last week’s notice sought to effectively change the manner in which BEE scorecards are to be calculated. Employee share ownership schemes (and other broad based projects) would no longer count as much as individual share ownership on the BEE scorecard, which was a departure from the widely accepted reading and understanding of the codes.
Hundreds of companies which had already, in good faith, taken action on ownership transformation on the basis of the Codes of Good Practice would have had their ownership schemes and agreements retrospectively changed or nullified. This would have been highly prejudicial for many companies which already struggle in South Africa’s rigid business environment, and thus the DA welcomes the DTI’s U-turn in this regard.
However, in its statement, the DTI further indicated that a Technical Task Team will be appointed to explore the appropriate balance between active (direct) and passive (broad-based schemes) ownership. The Technical Task Team will report to the Minister of Trade and Industry on its recommendations within 30 days.