In a
previous newsflash, we highlighted the significant changes made
to the broad-based black economic empowerment
("B-BBEE") landscape in South Africa
that were introduced by the new B-BBEE Regulations (the
"Regulations") issued by the Department
of Trade and Industry (the "DTI") on 6
June 2016.
In terms of the Regulations, all parties to a "major B-BBEE
transaction" are required to register the transaction with the
B-BBEE Commission. A transaction constitutes a "major B-BBEE
transaction" if it falls above a certain threshold, which was
not published at the time the Regulations were issued.
On 8 November 2016, the DTI published proposed thresholds for
"major B-BBEE transactions" for public comment. In terms
of this publication, all major B-BBEE ownership transactions, as
per code 100 of the B-BBEE Codes of Good Practice, which equal or
exceed ZAR100-million, calculated by either combining the annual
turnover of both entities or their asset values, must be