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

Codes of Good Practice on Black Economic Empowerment

Code Series 000: Framework for Measuring Broad-Based Black Economic Empowerment

Statement 000 : General Principles and Generic Scorecard

3. Application of the Codes

 

3.1) The following entities are measurable under the Codes:

 

3.1.1) all public entities listed in schedule 2 or schedule 3 (Parts A and C) of the Public Finance Management Act:

 

3.1.2) any public entity listed in schedule 3 (Parts B and D) which are trading entities which undertake any business with any organ of state, public entity or any other Enterprise, and

 

3.1.3) any enterprise that undertakes any business with any organ of state or public entity,

 

3.1.4) any other enterprise that undertakes any business, whether direct or indirect, with any entity that is subject to measurement under paragraph 3.1.1 to 3.1.3 and which is seeking to establish its own B-BBEE compliance.

 

3.2) The basis for measuring the B-BBEE compliance of an entity in terms of paragraph 3.1 is-

 

3.2.1) paragraph 4, in the case of an Exempted Micro-Enterprise (EME);

 

3.2.2) the QSE statements in Code 800, in the case of a Qualifying Small Enterprise (QSE);

 

3.2.3) the Generic Scorecard, in the case of other enterprises.

 

3.3) Despite 3.2, a Sector Code published in terms of Statement 003 may provide the basis for measuring enterprises within that sector.