Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)RegulationsBroad-Based Black Economic Empowerment Regulations, 2016Regulating the Administration and Implementation of the Broad-Based Black Economic Empowerment Act and the Functions of the CommissionPart 1 : General ProvisionsDivision A - Interpretation2. Interpretation |
| (1) | Section 1 of the Act applies to the interpretation of these Regulations. |
| (2) | A word or expression that is defined in the Act bears the same mean meaning in these Regulations as in the Act. |
| (3) | In these Regulations unless context indicates otherwise, any word or expression to which a meaning has been provided in the Act has the same meaning: |
| (a) | a reference to a section by number refers to the corresponding section of the Act; |
| (b) | a reference to a Regulation by number refers to the corresponding item of these Regulations; and |
| (c) | a reference to a subregulation or paragraph by number refers to the corresponding item of the Regulation in which the reference appears. |
| (4) | In these Regulations unless the context indicates otherwise: |
| (a) | "Act" means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), as amended by the Broad-Based Black Economic Empowerment Act, 2013 (Act No. 46 of 2013), and includes any code of good practice or regulations made under the Act; |
| (b) | "alternative dispute resolution" means conciliation, mediation or arbitration services to assist in the resolution of a complaint or matter lodged with the B-BBEE Commission; |
| (c) | "application" means a request for a deviation or an exemption submitted in terms of section 10(2) and a permission to exceed submitted in terms of section 9(6) of the Act; |
| (d) | "certificate of approval" means a certificate issued by the Minister granting permission to exceed the qualification criteria in terms of section 9(6), or an exemption or deviation in terms of section 10(2) of the Act; |
| (e) | "certificate of registration" means a certificate issued by the Commission to the registrant as confirmation that a major broad-based black economic empowerment transaction has been registered in terms of section 13F(1)(f) of the Act; |
| (f) | "certified copy" means a copy of a document certified by a Commissioner of Oaths; |
| (g) | "Codes of Good Practice" means the generic codes or the sector codes, as the case may be; |
| (h) | "Chairperson" means a chairperson of the Panel, and may include the Commissioner; |
| (i) | "Commissioner" means the office holder appointed in terms of section 13B of the Act; |
| (j) | "Commissioner of Oaths" means a person qualified and authorised to administer oaths on affidavits, solemn or attested declaration and other legal documents or certify documents of another, and designated as such in terms of Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963) as amended; |
| (k) | "complaint" means either— |
| (i) | a matter initiated by the Commissioner in terms of section 13J(1) of the Act; or |
| (ii) | a matter that has been submitted to the Commission in terms of section 13F(1)(c) of the Act; |
| (l) | "Complainant" means either— |
| (i) | a person who filed a complaint with the Commission in terms of section 13F(1)(c) of the Act; or |
| (ii) | the Commission in respect of a matter that it has initiated in terms of section 13J(1) of the Act; |
| (m) | "confidential information" means information that belongs to a person and is not generally available to or known by others; |
| (n) | "Court" means the Magistrates' Court established in terms of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), as amended; |
| (o) | "day" means calendar days unless prescribed otherwise; |
| (p) | "deliver" depending on the context, means to serve, or to file, a document; |
| (q) | "deviation" means a deviation of the organ of state or public entity from the Codes of Good Practice in terms of section 10(2) of the Act; |
| (r) | "exceed" as contemplated in section 9(6) of the Act, in addition to the requirements of the Codes of Good Practice means— |
| (i) | forty (40) percent sub-minimum targets set out in the Codes of Good Practice for each priority element of equity ownership, skills development and enterprise and supplier development; and |
| (ii) | targets set out in each of the five (5) elements of the Codes of Good Practice; |
| (s) | "exemption" means relief from implementing the Codes of Good Practice as granted by the Minister in terms of section 10(2) of the Act; |
| (t) | "file" when used as a verb, means to submit or deposit with the Commission; |
| (u) | "major broad-based black economic empowerment transaction" means a transaction that must be registered with the Commission in terms of section 13F(1)(f) of the Act, above a threshold determined by the Minister by notice in the Gazette; |
| (v) | "month" means a calendar month; |
| (w) | "other economic activities" means any business transaction involving individuals, groups of people or entities with the aim of gaining or granting a benefit or opportunity; |
| (x) | "Panel" means a group of not more than five (5) persons that may be appointed by the Commission to preside in a formal hearing during an investigation in terms of section 13J(2) of the Act; |
| (y) | "public holiday" means the days mentioned in Schedule 1 of the Public Holidays Act, 1994 (Act No. 36 of 1994); and |
| (z) | "Regulation" includes any footnote to a Regulation, and any Table included within or referred to in a Regulation. |