| (a) | determining qualification criteria for the issuing of licences, concessions or other authorisations in respect of economic activity in terms of any law; |
| (b) | developing and implementing a preferential procurement policy; |
| (c) | determining qualification criteria for the sale of state-owned enterprises; |
| (d) | developing criteria for entering into partnerships with the private sector; and |
(2)
| (a) | The Minister may, after consultation with the relevant organ of state or public entity, exempt the organ of state or public entity from a requirement contained in subsection (1) or allow a deviation therefrom if particular objectively verifiable facts or circumstances applicable to the organ of state or public entity necessitate an exemption or deviation. |
| (b) | The Minister must publish the notice of exemption or deviation in the Gazette. |
| (3) | Subject to section 9(6), an enterprise in a sector in respect of which the Minister has issued a sector code of good practice in terms of section 9, may only be measured for compliance with the requirements of broad-based black economic empowerment in accordance with that code. |
| (4) | Enterprises operating in a sector in respect of which the Minister has issued a sector code of good practice in terms of section 9, must report annually on their compliance with broad-based black economic empowerment to the sector council which may have been established for that sector. |
[Section 10 amended by section 6 of Act No. 46 of 2013]
