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ARTICLE · 21 OCTOBER 2013

Black Economic Empowerment - Final BEE Codes

On Friday, 11 October 2013 the Department of Trade and Industry released the revised Broad-Based Black Economic Empowerment Codes of Good Practice ("the Final BEE Codes").

South AfricaCorporate/Commercial Law

On Friday, 11 October 2013 the Department of Trade and Industry released the revised Broad-Based Black Economic Empowerment Codes of Good Practice ("the Final BEE Codes"). It has been a long and anxious wait from 5 October 2012, when the proposed amendments to the BEE Codes were first published for comment ("the Draft BEE Codes"). 

There is a transitional period of 12 months, from the date of promulgation of the Final BEE Codes until 11 October 2014, before the Final BEE Codes are applicable, although entities who elect to, may immediately use the Final BEE Codes to be measured, instead of the BEE Codes of Good Practice promulgated on 7 February 2007 ("the Old BEE Codes").  The Final BEE Codes provide, however, that where a sector code has been issued in terms of section 9 of the Broad-Based Black Economic Empowerment Act No. 53 of 2003, then a measured entity who falls within that sector may only be measured for compliance in accordance with that specific sector

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