This year is shaping up to be a busy one. Already the government has provided us with updates to both EE and the PPPFA that will be in effectin 2023.
BEE Procurement Regulations
Last year the future of BEE ended on a bit of a cliffhanger. After a long and tedious court case 2017’s PPPFA regulations were ruled unconstitutional by the high court and our Finance Minister Enoch Godongwa provided us with regulations that will be acting as a placeholder until further decisions have been made.
"While we are finalising the Public Procurement Bill, which will empower the Minister of Finance to set preferential procurement, the 2022 Regulations repeal the 2017 Regulations and take effect on 16 January 2023."
If you missed that or need a refresher you can find our article here.
We will keep you updated as events unfold.
Ammendments To Employment Equity
The employment equity act was originally passed in 1998 with the intended purpose of rectifying discriminatory imbalances present in the economy as a result of apartheid and other laws present in the old South Africa. A new bill was proposed on the 17th of May 2022, though it has not passed as law yet.
More amendments have been planned for 2023. The first of the changes is that EE will now be ranked against sectoral targets rather than universal ones and, significantly, non compliance will result in heavy fines. This is the first time that BEE, in any form, has included coercion through fines and penalties
Previously EE Reporting only applied to “Designated Employers”, meaning companies with more than 50 employees, or companies with less than 50 employees who met certain revenue thresholds. This definition will now be simplified so that “Designated Employers” are only companies that employ more than 50 people. Companies with less than 50 people will be fully exempt from EE.
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If one views EE and B-BBEE together, EE becomes a “Priority Element” with a major impact for non-compliance and transformation risk assessment will need to be reworked in the light of these changes for all affected organisations. Consultants who are not involved with Employment Equity will need to get up to speed urgently as EE and B-BBEE, from a strategic standpoint, will have to be looked at together from now on.
We will keep you updated on how we will be supporting you in this regard.
New Year; New Look
Over the years we have developed our B-BBEE Scorecard Calculators to enhance usability and to keep them aligned with the most recent legislation and interpretations. Now, we are ready to introduce the first of our changes for 2023: a brand new look. We have crafted a dashboard that is slick and easier to navigate and we have added more graphs, increasing readability.
