Gas Act, 2001 (Act No. 48 of 2001)

Regulations

Piped Gas Regulations

5. Information regarding historically disadvantaged South Africans

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(1)Information regarding historically disadvantaged South Africans provided by a licensee must include—
(a)the number of shareholders from historically disadvantaged background and their respective shareholding in the licensee;
(b)the number and positions of historically disadvantaged South Africans who are members of the Board of Directors of the licensee;
(c)the number of historically disadvantaged South Africans who hold senior management positions in the licensee;
(d)the quantity and percentage of subcontracted work to companies with more than 50% ownership by historically disadvantaged South Africans;
(e)proof of compliance with the Employment Equity Act, 1998 (Act No. 55 of 1998); and
(f)plans for and actions taken to develop historical disadvantaged South Africans in the gas sector through training, procurement and enterprise development.

 

(2)The Gas Regulator must utilise the information acquired in terms of subregulation (1) in such a manner so as to facilitate the addressing of historical inequalities and to broaden the country's economic base and accelerate growth, job creation and poverty alleviation.

 

(3)The information acquired may be used to create a scoring schedule mechanism to promote historically disadvantaged South Africans.

 

(4)The scoring mechanism contemplated in subregulation (3) must include—
(a)the core activities of the piped gas industry;
(b)historically disadvantaged South Africans such as shareholders, directors, management and subcontractors;
(c)target indicators;
(d)weighting factors;
(e)achievements; and
(f)bonus provision for exceeding targets.