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Port Folio Committee on Trade & Industry - Black Economic Empowerment Bill 5 August 2003

Port Folio Committee on Trade & Industry - Black Economic Empowerment Bill 5 August 2003. Contents. General architecture of Initial Bill Summary of NB comments Changes effected Comment on changes not effected. 2. General Architecture of Initial Bill. Enabling statute

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Port Folio Committee on Trade & Industry - Black Economic Empowerment Bill 5 August 2003

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  1. Port Folio Committee on Trade & Industry - Black Economic Empowerment Bill 5 August 2003

  2. Contents • General architecture of Initial Bill • Summary of NB comments • Changes effected • Comment on changes not effected 2

  3. General Architecture of Initial Bill • Enabling statute • Other strategic interventions include: • Creating buy-in from private sector via charters • Leveraging state procurement • Facilitating finance from state and private sector • Licencing, SOE etc 3

  4. Initial Bill - Key Elements • Setting clear objectives for broad based empowerment • Enabling framework for Codes of Good Practise • Creation of a BEE Advisory Council • Legislative endorsement for sector Charters 4

  5. Main request was to expand/strengthen the enabling infrastructure in Bill & to align the Bill & Strategy • Also to: • Define composition of Council • Council not to include President • Spell out Government obligations • “Broad based empowerment” to be defined in the Bill Submissions 5

  6. Submissions (continued) • Particular emphasis to black women under empowerment process • Provisions for finance • Appendixes of strategy to be incorporated in Bill • Definition of “black” • Monitoring/compliance 6

  7. Revised Draft • Revised Draft proposed to expand the structure of the initial bill without departing from the principle of creating an Enabling Act • Preamble amended allows for the cross referencing to Constitution and other national legislation • Definition of broad based empowerment has been added • Definition of “black people” being in line with Employment Equity Act. • Organs of state reference aligned to PFMA 7

  8. Council & Code of Practice COUNCIL • Expand to set out composition and function • Allows Minister to develop Constitution to be included CODE OF PRACTISE • Revised to distinguish black men and women to achieve constitutional equality • Code of Practice to be consistent with Preferential Procurement Framework • Expansion of charters when state needs to take account of codes 8

  9. Incorporate BEE Plans and Strategy • BEE plans a requirement for national, provincial departments and public entities • Bill to require that issuing of a strategy be explicitly recorded 9

  10. Proposals Not Agreed To • Exclusion of President • Compulsion on organs of state re Codes • Definition on BEE to be in statute • Other submission related to strategy will be dealt with separately 10

  11. Final Questions 11

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