Statistics Act, 1999
R 385
Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)Amended Codes of Good Practice (2013)Amended Code Series 400: Measurement of the Enterprise and Supplier Development Element of Broad-Based Black Economic EmpowermentStatement 400: The General Principles for Measuring Enterprise and Supplier DevelopmentKey Measurement Principles3.2 Sub-Minimum and Discounting Principle |
3.2.1 | A Measured Entity must achieve a minimum of 40% of each of the targets set out on 2.1, 2.2 and 2.3 excluding bonus points of the Enterprise and Supplier Development Scorecard. |
3.2.2 | Non-compliance to the threshold targets will result in the overall achieved B-BBEE status level being discounted in accordance with paragraph 3.4 in statement 000. |
3.3 | An Empowering Supplier within a context of B-BBEE is a B-BBEE compliant entity, which is a good citizen South African entity, comply with all regulatory requirements of the country and should meet at least three if it is a large enterprise or one if it is a QSE of the following criteria: |
(a) | At least 25% of cost of sales excluding labour cost and depreciation must be procured from local producers or local supplier in SA, for service industry labour cost are included but capped to 15%. |
(b) | Job creation - 50% of jobs created are for Black people provided that the number of Black employees since the immediate prior verified B-BBEE Measurement is maintained. |
(c) | At least 25% transformation of raw material/beneficiation which include local manufacturing, production and/or assembly, and/or packaging. |
(d) | Skills transfer - at least spend 12 days per annum of productivity deployed in assisting Black EMEs and QSEs beneficiaries to increase their operation or financial capacity. |
3.3.1 | Exempted Micro Enterprises and Start-Ups are automatically recognised as Empowering Suppliers. |
3.4 | The Weighting points in the Enterprise and Supplier Development scorecard represent the maximum number of points possible for each of the criteria. |
3.5 | If a Measured Entity procures goods and services from a supplier that is: |
3.5.1 | A recipient of supplier development contributions from a Measured Entity under Code series 400 has a minimum 3 year contract with the Measured Entity, the recognisable B-BBEE Procurement Spend that can be attributed to that Supplier is multiplied by a factor of 1.2; |
3.5.2 | A black owned QSE or EME which is not a supplier development beneficiary but that has a minimum 3 year contract with the Measured Entity, the recognisable B-BBEE Procurement Spend that can be attributed to that Supplier is multiplied by a factor of 1.2; |
3.5.3 | A first time supplier to the Measured Entity, the recognisable B-BBEE Procurement Spend that can be attributed to that Supplier is multiplied by a factor of 1.2. |
3.6. | Procurement of goods and services and any other activities that fall under 2.1 will not qualify for scoring under 2.2 and 2.3 and vice versa. |
3.7 | Beneficiaries of Supplier Development and Enterprise Development are EMEs or QSEs which are at least 51% black owned or at least 51% black women owned. |