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Broad Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Industry Charters

Agri-BEE Charter

6. Governance

 

6.1 An AgriBEE Charter Council has been established and will report to the Black Economic Empowerment Advisory Council, appointed in terms of the Act and the Minister of Trade and Industry, on progress made by the Sector in terms of the AgriBEE Charter.

 

6.2 The fundamental principles of the AgriBEE Charter Council are as follows:

 

 

• The AgriBEE Charter Council will be established as an independent body with a mandate to oversee the implementation of the AgriBEE Charter;
• The AgriBEE Charter Council will address issues of principle relating to the implementation of the Charter;
• The AgriBEE Charter Council will conduct reviews and take decisions;
• The AgriBEE Charter Council will consider whether the targets and implementation strategies are still appropriate, and if not how they should be varied should there be a material change in the circumstances or the environment in which the Charter has to be implemented;
• There will be equitable composition of Stakeholders in the members of the AgriBEE Charter Council.
• Decisions of the Charter Council will be taken on a consensual basis. If, on any issue, the Charter Council is unable to achieve consensus, there will be a dispute-breaking mechanism in the Charter Council either by some agreed mechanism within the Charter Council, or by reference to arbitration or mediation.

 

6.3 The Charter Council should be tasked with ensuring that the verification of BEE contributions in the Agricultural Sector:

 

• consists of a valid and reliable process that is practical and legally defensible;
• is an accessible, flexible and cost effective system for the industry which may include electronic systems such as e-filing of BEE contribution data and self assessment tools;
• is subject to audit by agencies appointed in terms of the Codes of Good Practice;
• includes the issuing of qualified and unqualified BEE verification certificates, which respond to the unique needs of the Sector; and
• is universal and generally accepted and nationally recognised standards.