Broad-Based Black Economic Empowerment Act, 2003

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To establish a legislative framework for the promotion of black economic empowerment; to empower the Minister to issue codes of good practice and to publish transformation charters; to establish the Black Economic Empowerment Advisory Council; and to provide for matters connected therewith.

 

Last update: October 2024


Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996


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Latest Developments:

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with the Replacement of N4024 of 2023 and new Application for Market Access Permits for Agricultural Products in terms of the World Trade Organisation (WTO) Agreement For 2025, as per Notice No. 5390 of GG51357 dated 7 October 2024.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with the Replacement of N4023 of 2023 and new Procedures for the Application, Administration and Allocation of Export Quotas under the Economic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Southern African Customs Union Member States and Mozambique, of the other part, for the year 2025, as per Notice No. 5253 of GG51315 dated 4 October 2024.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with the Replacement of N4020 of 2023 and new Procedures for the Application, Administration and Allocation of Export Quotas under the Economic Partnership Agreement between the European Union and Southern African Development Community for the year 2025, as per Notice No. 5251 of GG51345 dated 3 October 2024.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with Sector Codes – Legal Sector Code – effective on date of publication of this notice, as per Notice No. 5221 of GG51271 dated 20 September 2024.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with Payment Procedures for Import and Export Permits, as per Notice No. 4828 of GG50665 dated 17 May 2024.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with the Replacement of Notice 2512 of 2022 and new Application for Market Access Permits for Agricultural Products in terms of the World Trade Organisation (WTO) Agreement for 2024, as per Notice No. 4024 of GG49591 dated 2 November 2023.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with the Replacement of Notice 2517 of 2022 and new Procedures for the Application, Administration and Allocation of Export Quotas under the Economic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Southern African Customs Union Member States and Mozambique, of the other part, tor the Year 2024, as per Notice No. 4023 of GG4959 dated 1 November 2023.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with the Replacement of Notice 2513 of 2022 and new Procedures for the Application, Administration and Allocation of Export Quotas under the Economic Partnership Agreement between the European Union and Southern African Development Community for the Year 2024, as per Notice No. 4020 of GG49588 dated 31 October 2023.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with the Replacement of Notice 793 of 2021 and new Procedures for the Application, Administration and Allocation of Export Quotas under the Economic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Southern African Customs Union Member States and Mozambique, for the year 2023, as per Notice No. 2517 of GG46951 dated 23 September 2022.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with the Procedures for the Application, Administration and Allocation of Export Quotas under the Economic Partnership Agreement between the European Union and Southern African Development Community for the Year 2023, as per Notice No. 2513 of GG46931 dated 22 September 2022.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been updated with the Application for Market Access Permits for Agricultural Products in terms of the World Trade Organisation (WTO) Agreement for 2023, as per Notice No. 2512 of GG46922 dated 20 September 2022.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by the Replacement of Notice R. 1227 of 2020 and New Application for Market Access Permits for Agricultural Products in terms of the World Trade Organisation Agreement for 2022 as per Notice No. 795 of GG 45083 dated 2 September 2021.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by the Procedures for the Application, Administration and Allocation of Export Quotas under the Economic Partnership Agreement between the Southern African Customs Union and Mozambique and the United Kingdom for the Year 2022 as per Notice No. 793 of GG 45078 dated 1 September 2021.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by the Publication of the Permitting of the Department of Tourism to specify qualification criteria for the Tourism Equity Fund, as per Notice No. R102 of GG 44172 dated 19 February 2021.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by the granting of permission to the Department of Mineral Resources and Energy to specify qualification criteria for procurement and other economics for its Risk Mitigation Independent Power Producer Procurement Programme, as per Notice No. R91 of GG 44157 dated 12 February 2021.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by the Publication of Procedures for the Application, Administration and Allocation of Export Quotas under the Economic Partnership Agreement between the European Union and Southern African Development Community for the Year 2021, as per Notice No. 1228 of GG43910 dated 18 November 2020.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by the Publication of the Application for Market Access Permits for Agricultural Products in terms of the World Trade Organisation (WTO) as per Notice No. 1227 of GG43909 dated 17 November 2020.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by the Publication of the Memorandum of Agreement 2020 as per Notice No. 1076 of GG43784 dated 9 October 2020.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by Amended Code Series 000: Practice Note 1 of 2018 - Youth Employment Service Initiative as per Notice No. 640 of GG41975 dated 12 October 2018.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by Amended Codes of Good Practice (2018): Youth Employment Service Initiative as per Notice No. 502 of 2018 of GG 41866 dated 28 August 2018.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated to publish the address of the Broad-Based Black Economic Empowerment Commission, as per Notice No. 428 of GG43591 dated 7 August 2020.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated with the Amended AgriBEE Sector Code (2017), as per GG 41306, Notice No. 1354 dated 8 December 2017.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by the Amended Codes of Good Practice (2017) – Construction Sector, as per GG 41287, Notice No. 931 dated 1 December 2017.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been amended by Codes of Good Practice on Broad-Based Black Economic Empowerment, Amended Property Sector Code, Notice No. 560 of 2017, Government Gazette 40910, dated 9 June 2017.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), has been amended by Notices, Threshold for Major B-BBEE Transactions, Notice No. 551 of 2017, Government Gazette dated 9 June 2017.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been amended by Notice in terms of Section 14(1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), Government Gazette 40053, Notice No. R. 689, dated 6 June 2016.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by Government Gazette 37271, Notice No. 55, Broad-Based Black Economic Empowerment Amendment Act, 2013 (Act No. 46 of 2013), dated 27 January 2014.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been amended by Government Gazette 36928, General Notice 1019, dated 11 October 2013. Issue of Codes of Good Practice. Determine that these Codes will come into operation within twelve (12) months from date of this publication.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been amended by Government Gazette 35423, dated 6 June 2012 – Notice 485; Codes of Good Practice (ICT Sector).

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been updated by Government Gazette 35400 dated 1 June 2012 - Notice 450; Codes of Good Practice.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) Government Gazette 29617 dated 9 February 2012 - Notice 112; Broad-Based Black Economic Empowerment Act: Codes of Good Practice on Black Economic Empowerment.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been amended by Chartered Accountancy Charter, Government Gazette 34267, Notice No. 277, dated 10 May 2011.

 

This Act has been updated by Notice no. 1162 of 2009 in Government Gazette No. 32511 dated 21 August 2009, (Integrated Transport Sector Codes) and a link created to the relevant Gazette.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been amended by Forest Sector Charter, Government Gazette 32320, Notice No. 873, dated 12 June 2009.

 

This Act has been updated with Notice 862 of 2009 regarding Codes of Good Practice – Construction Sector Charter, published in Government Gazette No. 32305 dated 5 June 2009.

 

This Act has been updated by Government notice No. 810 of 2009 published in Government Gazette No. 32467 dated 31 July 2009.

 

The Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) has been amended by Financial Sector Charter, Government Gazette 29610, Notice No. 110, dated 9 February 2007.

 

This Act, as published in Government Gazette No. 25899 dated 9 January 2004 (Act No. 53 of 2003) has been added to the site.