Comparison of various BEE Industry Sector Codes
Since the coming into effect of the amended generic Codes of Good Practice on 1 May 2015, several industries which had formulated their own sector codes for their industries have aligned those sector code with the amended generic codes. However, others have not. For those industries that had aligned their sector codes with the amended generic Codes prior to 15 November 2015, their industry Sector Code will be the sole basis of their BEE verification. For others, the amended generic Codes take precedence.
We have compiled a comparison table setting out which Codes apply in which industries and highlighting some of the differences between them.
CODE |
THRESHOLDS |
ELEMENTS & MAX. POINTS (LARGE ENTERPRISES) |
STATUS |
COMMENTS |
GENERIC CODES OF GOOD PRACTICE
(published 11 October 2013)
|
Large: Annual turnover of R 50 million + QSE: Annual t/over btw. R10 mill & R 50 million EME: Annual t/over of R10 million and less
Deemed levels: All EME's: Level 4 EME / QSE 51% black owned: Level 2 EME / QSE 100% black-owned: Level 1
|
Ownership: 25 points (target = 25.1% black; 10% black female) Management: 19 points Skills: 25 points Ent & Supp. Dev: 44 points Socio-Eco: 5 points Total: 118 points |
Effective from 1 May 2015 (although old Codes could still apply for audits on financials pre-1 May 2015) |
Priority Elements:
Large must meet 40% of all to avoid discounting QSE's must meet 40% of o/ship + 1 other to avoid discounting
QSE's have separate scorecard measuring all 5 elements
Sub-race group calculations required for Management & Skills
"Empowering supplier" requirement for all the procurement sub-elements (EME's are deemed empowering suppliers). |
TOURISM SECTOR
(published 20 November 2015) |
Large: Annual turnover of R 45 million + QSE: Annual t/over btw. R5 mill & R 45 million EME: Annual t/over of R5 million and less
Deemed levels: All EME's: Level 4 EME / QSE 51% black owned: Level 2 EME / QSE 100% black-owned: Level 1
|
Ownership: 27 points (target = 30% black; 15% black female) Management: 21 points Skills: 25 points Ent & Supp. Dev: 42 points Socio-Eco: 5 points
Bonus (TOMSA levy collector status): 3 pts Total: 123 points |
Effective from 20 November 2015.
Takes precedence over generic Codes |
Applies to:
Same priority elements as generic Codes
Sub-race group calculations required for Management & Skills
Currently only 470 TOMSA levy collectors in RSA, collecting levies for SA Tourism / Destination SA |
MARKETING, ADVERTISING & COMMUNICATIONS SECTOR (MAC)
(published 4 September 2015) |
Marketing, Advertising and Communication: Large: Annual turnover of R 50 million + QSE: Annual t/over btw. R10 mill & R 50 million EME: Annual t/over of R10 million and less
Public Relations: Large: Annual turnover of R 10 million + QSE: Annual t/over btw. R1 million & R 10 million EME: Annual t/over of R1 million and less
|
Ownership: 25 points (Target for votes= 40% black; 20% black female; Target for dividends: 30% black; 10% black female) Targets increase in 2018 Management: 27 points Skills: 30 points Ent & Supp. Dev: 42 points Socio-Eco: 5 points Bonus: contributions to promote responsible behavioural changes: 5 pts Total: 134 points |
Aligned draft published & awaiting comments & finalization |
Applies to:
Specific exclusions from procurement
QSE's have separate scorecard measuring all 6 elements
|
PROPERTY SECTOR (Published 30 October 2015)
|
Property-owning entities: Large: R 400 million assets + QSE: Between R 400 million – R 80 million assets EME: Less than R 80 mill assets
Service-providers: Large: R 50 million t/over + QSE: Btw. R 50 million and R 10 million t/over EME: Less than R 10 mill turnover
Estate Agencies: Large: R 35 mill turnover + QSE: Between 2.5 mill – 35 mill turnover EME: Less than R2,5 mill turnover |
Ownership: 27 points (target = 25.1% black; 10% black female) Management: 11 points Employ Equity: 15 / 19 pts (depends on type of business) Skills: 22 points Ent & Supp. Dev: 43 points Socio-Eco: 2 points Total: 120 / 124 points |
Aligned draft published & awaiting comments & finalization |
Applies to:
|
FOREST SECTOR
(published 6 November 2015)
|
Large: Annual turnover of R 50 million + QSE: Annual t/over btw. R10 mill & R 50 million EME: Annual t/over of R10 million and less
Deemed levels: All EME's: Level 4 EME / QSE 51% black owned: Level 2 EME / QSE 100% black-owned: Level 1
|
Ownership: 30 points (target = 25.1% black; 10% black female) Management: 19 points Skills: 25 points Ent & Supp. Dev: 47 points (Targets for procurement to be adjusted annually by government) Bonus – Compliance with Industry Codes of Contracting: 2 points Socio-Eco: 8 points Total: 131 points |
Aligned draft published & awaiting comments & finalization |
Applies to all businesses engaged in commercial forestry and first level processing of wood products:
Same priority elements as generic Codes
Sub-race group calculations required for Management & Skills |
AgriBEE
(published 20 November 2015)
|
Large: Annual turnover of R 50 million + QSE: Annual t/over btw. R10 mill & R 50 million EME: Annual t/over of R10 million and less
Deemed levels: All EME's: Level 4 EME / QSE 51% black owned: Level 2 EME / QSE 100% black-owned: Level 1
|
Ownership: 25 points (target = 25.1% black; 10% black female) Management: 19 points Skills: 25 points Ent & Supp. Dev: 44 points Socio-Eco: 15 points Total: 128 points |
Aligned draft published & awaiting comments & finalization |
Applies to any entity that derives majority of its turnover from:
Same priority elements as generic Codes
|
PETROLEUM PRODUCTS
(published as Schedule to Petroleum Products Amendment Act 2003 on 26 April 2004) |
|
|
Included as part of Petroleum Products Act |
With effect from 31 October 2015, Petroleum Industry, DME is excluding from applying B-BBEE Act. DME does not need to assess applicants for licences on the basis of B-BBEE and can apply any other criteria as a basis for issuing licences.
|
MINING SECTOR
(published in 2004 as a Schedule to the Mineral & Petroleum Resources Development Act, 28 of 2002) |
|
|
Included as part of Mineral & Petroleum Resources Development Act |
With effect from 31 October 2015, Mining Industry, DME is excluding from applying B-BBEE Act. DME does not need to assess applicants for licences on the basis of B-BBEE and can apply any other criteria as a basis for issuing licences.
Mining Industry still expected to "continue maintaining compliance with … the Mining Charter".
|
TRANSPORT SECTORS:
|
|
|
With exception of Public Sector & Taxi sub-sectors, these codes have been aligned with the amended generic Codes and submitted to DTI. We await approval by DTI. Not yet published |
|
FINANCIAL SECTOR |
|
|
Aligned draft not published before 15 November 2015 & awaiting repeal by DTI |
|
ICT |
|
|
Aligned draft not published before 15 November 2015 & awaiting repeal by DTI |
|
ACCOUNTANCY |
|
|
Aligned draft not published before 15 November 2015 & awaiting repeal |
|
CONSTRUCTION |
|
|
Aligned draft not published before 15 November 2015 & awaiting repeal. |
|