Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)1. Definitions |
In this Act, unless the context indicates otherwise—
means any transaction, practice, scheme or other initiative which affects compliance with this Act or any other law promoting broad-based black economic empowerment;
[Definition inserted by section 1(a) of Act No. 46 of 2013]
means a person who performs any work in connection with rating the status of enterprises in terms of broad-based black economic empowerment compliance on the authority of, or for a rating agency accredited by, a B-BBEE Verification Professional Regulator;
[Definition inserted by section 1(a) of Act No. 46 of 2013]
means a body appointed by the Minister for the accreditation or rating agencies or the authorisation of B-BBEE verification professionals;
[Definition inserted by section 1(a) of Act No. 46 of 2013]
is a generic term which means Africans, Coloureds and Indians—
(a) who are citizens of the Republic of South Africa by birth or descent; or
(b) who became citizens of the Republic of South Africa by naturalisation—
(i) before 27 April 1994; or
| (ii) | on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation prior to that date; |
[Definition amended by section 1(b) of Act No. 46 of 2013]
means the viable economic empowerment of all black people, in particular women, workers, youth, people with disabilities and people living in rural areas, through diverse but integrated socio-economic strategies that include, but are not limited to—
| (a) | increasing the number of black people that manage, own and control enterprises and productive assets; |
| (b) | facilitating ownership and management of enterprises and productive assets by communities, workers, co-operatives and other collective enterprises; |
| (c) | human resource and skills development; |
| (d) | achieving equitable representation in all occupational categories and levels in the workforce; |
| (e) | preferential procurement from enterprises that are owned or managed by black people; and |
| (f) | investment in enterprises that are owned or managed by black people; |
[Definition amended by section 1(c) of Act No. 46 of 2013]
means the Broad-Based Economic Empowerment Commission established by section 13B;
[Definition inserted by section 1(d) of Act No. 46 of 2013]
means the Black Economic Empowerment Advisory Council established by section 4;
means the Department of Trade and Industry;
means a transaction, arrangement or other act or conduct that directly or indirectly undermines or frustrates the achievement of the objectives of this Act or the implementation of any of the provisions of this Act, including but not limited to practices in connection with a B-BBEE iniative—
| (a) | in terms of which black persons who are appointed to an enterprise are discouraged or inhibited from substantially participating in the core activities of that enterprise; |
| (b) | in terms of which the economic benefits received as a result of the broad-based black economic empowerment status of an enterprise do not flow to black people in the ratio specified in the relevant legal documentation; |
| (c) | involving the conclusion of a legal relationship with a black person for the purpose of that enterprise achieving a certain level of broad-based black economic empowerment compliance without granting that black person the economic benefits that would reasonably be expected to be associated with the status or position held by that black person; or |
| (d) | involving the conclusion of an agreement with another enterprise in order to achieve or enhance broad-based black economic empowerment status in circumstances in which— |
| (i) | there are significant limitations, whether implicit or explicit, on the identity of suppliers, service providers, clients or customers; |
| (ii) | the maintenance of business operations is reasonably considered to be improbable, having regard to the resources available; |
| (iii) | the terms and conditions were not negotiated at arm's length and on a fair and reasonable basis; |
[Definition inserted by section 1(e) of Act No. 46 of 2013]
when used with respect to a person, and in relation to a particular matter, means that the person either—
| (a) | had actual knowledge of that matter; or |
| (b) | was in a position in which the person reasonably ought to have— |
| (i) | had actual knowledge; |
| (ii) | investigated the matter to an extent that would have provided the person with actual knowledge; or |
| (iii) | taken other measures which, if taken, would reasonably be expected to have provided the person with actual knowledge of the matter; |
[Definition inserted by section 1(e) of Act No. 46 of 2013]
means members of the Council;
means the Minister of Trade and Industry;
means—
| (a) | a national or provincial department as defined in the Public Finance Management Act, 1999 (Act No. 1 of 1999); |
| (b) | a municipality as contemplated in the Constitution; |
| (c) | Parliament; |
| (d) | a provincial legislature: and |
| (e) | a constitutional institution listed in Schedule 1 to the Public Finance Management Act, 1999 (Act No. 1 of 1999); |
includes land, or any building, structure, vehicle, ship, boat, vessel, aircraft or container;
means prescribe by regulation;
means a public entity listed in Schedule 2 or 3 to the Public Finance Management Act, 1999 (Act No. 1 of 1999);
means sectoral transformation charters referred to in section 9;
means a strategy for broad-based black economic empowerment issued in terms of section 11; and
includes any code of good practice or regulation made under this Act.