Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Codes of Good Practice on Black Economic Empowerment

Integrated Transport Sector Codes

Maritime Transport & Services Industry Sub-Sector Code for B-BBEE

2. Long-term Vision

2.4 National Government Undertakings (to achieve the vision):
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2.4.1Over and above the above, Government is committed towards developing South Africa into a leading maritime nation by adopting a  more active stance and increasing its advocacy around maritime matters and the proposed Ship South African Campaign.

 

2.4.2.Continue to create an environment that is conducive for the country to substantially increase its trade (exports and imports) with the rest of the world. Recognising that the level of trade is the main driver of growth and, therefore, job creation in our industry. Key elements of an enabling environment for trade include:  trade promotion; enhancing feeder and inland transport connections; improving the quality of available maritime infrastructure & superstructure and restructuring to ensure reliability and cost effectiveness of port operations.

 

2.4.3Resolve legislative and fiscal restrictions, which have a negative impact on the competitiveness of the South African Maritime Industry.

 

2.4.4Use its leverage in the industry to incentivise all stakeholders to achieve the objectives of this Sub-Sector Code.

 

2.4.5Set up structures that will ensure inter-governmental co-ordination between departments to align their programmes with the Transport sector wide and MT & SI B-BBEE Sub-Sector Code processes. Examples of cross-cutting issues that require interventions across government departments and agencies include:

 

2.4.5.1The Department of Trade & Industry's (DTI) Maritime Industry Strategy;

 

2.4.5.2Discussions  with  the  National  Treasury  to  address  fiscal  issues  e.g. tonnage tax;

 

2.4.5.3Department of Foreign Affairs - Free Trade Agreements;

 

2.4.5.4The Department of Labour and the Transport Education and Training Authority to monitor compliance with the Employment Equity and Skills Development Act;

 

2.4.5.5The countrywide shortage of engineers and artisans across all disciplines; and

 

2.4.5.6Increasing   awareness   within   the   transport   sector   about   available government investment incentives and grants;

 

2.4.5.7Monitoring of stakeholder achievements in terms of the indicators in the MT & SI Scorecard.

 

2.4.6Convene a stakeholder forum to investigate the scale of B-BBEE opportunities in the MT & SI. The stakeholder forum will also:

 

2.4.6.1Engage public and private funding institutions to highlight opportunities in the sector;

 

2.4.6.2Make proposals on financing mechanisms; and

 

2.4.6.3Investigate, together with stakeholders in other Transport sub-sectors, the feasibility of setting up a Transport Sector Bank.

 

2.4.7Engage public and private sector funding agencies to develop innovative funding mechanisms for B-BBEE compliant or black-owned enterprises seeking to invest in the sector. This will require a high-level workshop with these agencies and major black-owned and B-BBEE compliant companies to inform  them about opportunities that will emerge in the MT  & SI following the adoption of this Sub-Sector Code.

 

2.4.8Increase awareness among B-BBEE companies in the transport sector about investment and matching grants, tax allowances and other incentives that are provided by the DTI and The Enterprise Organisation (TEO) and investigate the possibility of motivating for new products that take into account the unique nature of the maritime industry.

 

2.4.9Ensure that the restructuring of Ports to effect new institutional arrangements and to increase the international competitiveness of ports, port operations and services must proceed in a manner that results in an increase in black participation at all levels - in ownership, management, employment and the procurement of services and goods and to increase the international competitiveness of the ports, port operations and services. The restructuring of port operations must not result in a reversal of B-BBEE gains made by the Transnet National Ports Authority (TNPA) and Transnet Port Terminals (TPT). Public sector contributions to B-BBEE will be measured against the Public Sector Sub-Sector Code.

 

2.4.10Enforce and monitor compliance with existing legislation that may impact on B-BBEE such as the Employment Equity, Skills Development and Competition Acts.

 

2.4.11Publish an annual report on B-BBEE within the MT & SI that consolidates various reports and information from all stakeholders. Stakeholders will use this report to review progress at an annual Transport Industry B-BBEE Forum.