| (1) | In order to promote the purposes of the Act, the Minister may by notice in the Gazette issue codes of good practice on black economic empowerment that may include— |
| (b) | qualification criteria for preferential purposes for procurement and other economic activities; |
| (c) | indicators to measure broad-based black economic empowerment; |
| (d) | the weighting to be attached to broad-based black economic empowerment indicators referred to in paragraph (c); |
| (e) | guidelines for stakeholders in the relevant sectors of the economy to draw up transformation charters and codes of good practice for their sector; and |
[Paragraph (e) amended by section 5(a) of Act No. 46 of 2013]
| (f) | any other matter necessary to achieve the objectives of this Act. |
| (2) | A strategy issued by the Minister in terms of section 11 must be taken into account in preparing any code of good practice. |
| (3) | A code of good practice issued in terms of subsection (1) may specify— |
| (a) | targets consistent with the objectives of this Act; and |
| (b) | the period within which those targets must be achieved. |
| (4) | In order to promote the achievement of equality of women, as provided for in section 9(2) of the Constitution, a code of good practice issued in terms of subsection (1) and any targets specified in a code of good practice in terms of subsection (3), may distinguish between black men and black women. |
| (5) | The Minister must, before issuing, replacing or amending a code of good practice in terms of subsection (1)— |
| (a) | publish the draft code of good practice or amendment in the Gazette for public comment; and |
| (b) | grant interested persons a period of at least 60 days to comment on the draft code of good practice or amendment, as the case may be. |
| (6) | If requested to do so, the Minister may by notice in the Gazette permit organs of state or public entities to specify qualification criteria for procurement and other economic activities which exceed those set by the Minister in terms of subsection (1). |
[Subsection (6) inserted by section 5(b) of Act No. 46 of 2013]
| (7) | A code of good practice remains in effect until amended, replaced or repealed. |
[Subsection (7) inserted by section 5(b) of Act No. 46 of 2013]
