Legal Sector Code Gets Green Light

Trade, Industry, and Competition Minister Parks Tau has given the green light to the Legal Sector Code under section 9(1) of the B-BBEE Act, which aims to expedite transformation within the legal sector.

“This administration is dedicated to speeding up transformation, as guided by the preamble of the South African Constitution, which underscores the need to address past injustices. This commitment is reflected in the Government of National Unity’s (GNU) statement of intent,” Tau stated.

The process has paved the way for the sector to achieve its Broad-based Black Economic Empowerment (B-BBEE) objectives of the following:

  • an ownership target of 50% and black women ownership of 25% over 5 years.
  • a management control (executive and board participation) target of 50% representation of black practitioners and a target of 25% for black women practitioners, particularly as equity partners and associates.
  • a skills development target of 3.5% expenditure on training programmes for black candidates. The aim is also to ensure training in specialised skills for black legal practitioners, candidate legal practitioners, candidate legal practitioners and black junior advocates within the following designated categories: black women, black youth, black people with disabilities and black people from rural areas.
  • a procurement target of 60% by the private sector, and there is a target of 80 % to be achieved through the specialised procurement scorecard applicable to the public sector. This will ensure fair and equitable access to specialised areas of law and complex matters when the state procures legal services from black Legal Sector Measured Entities (LSMEs) and ensure the sustainability of LSMEs.

With the recent approval of the Legal Sector Code, legal professionals and firms must stay ahead of these transformative changes. Our team is ready to assist you in understanding and implementing the new regulations to ensure your practice remains compliant and competitive.

Contact us at consult@beeanalyst.co.za to schedule a consultation.

ICT Council Notification

Reminder: ICT Council 2023/24 Annual Fees Due by December 1, 2024

This is a friendly reminder that your annual fees for the ICT Council 2023/24 are due by December 1, 2024. Please confirm your ICT suppliers’ contributions to the ICT Council Private Contribution Model.

The Private Sector Contribution Model helps determine the financial contributions of ICT Measured Entities to support the ICT Council’s operations. These contributions are based on the annual turnover as reflected in your B-BBEE verification certificate or B-BBEE Sworn Affidavit under the 2016 Amended ICT Sector Code.

Note that these contributions cannot be claimed for B-BBEE points under the 2016 Amended ICT Sector Code.

After making your payment, email the proof to ictcouncil@ictsectorcouncil.org.za. We will send you a proof of contribution letter to the same email address.

For any questions, please contact the Acting Secretariat, Mrs Stefani Naidoo, at ictcouncil@ictsectorcouncil.org.za.

Read the notification here and see the bank confirmation letter here.

President Ramaphosa Signs Public Procurement Bill into Law

President Cyril Ramaphosa approved the Public Procurement Bill on 23 July 2024, marking a pivotal step towards streamlining and regulating public procurement practices across South Africa. The enacted legislation establishes a unified framework designed to oversee the procurement activities of all state organs.

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370 Qualifications Receive an Extension from QCTO

For all the South African Skills Development Providers:

Everyone knows by now that the QCTO is on a mission to improve and align all occupational and trade-related qualifications. QCTO will be replacing SETA accreditations with their own, from 30 June 2024.

Key points you should be aware of:

  • A directive from SAQA and QCTO issued on 3 June 2024 provides the transitional arrangements for the expired pre-2009 qualifications.
  • Over 1 400 qualifications issued prior to 2009 have now concluded their registration period.
  • More than 1 100 qualifications will be deregistered since the qualifications have been replaced, inactive or deemed irrelevant.
  • Therefore, just over 370 qualifications will receive an extension to allow for realignment. The list of certain qualifications being extended (maximum of 2 years) beyond 30th June 2024 was recently posted by the QCTO. 
  • The qualifications not included in the list will still expire on 30 June 2024.

There’s still a long road ahead to secure the ongoing collaboration between workplaces, talent, and skills development programs (SDPs) to guarantee that South Africa possesses a skilled and employment-ready workforce.

 

Still unsure about the upcoming changes?

BEE Analyst are here to help!

Contact us at consult@beeanalyst.co.za for more information.

Exploring Employment Equity Regulations

Fikiswa Bede, Department of Employment and Labour Chief Director: Statutory & Advocacy Services emphasised the significance of the department’s interest in ensuring compliance with the Employment Equity Act. He warns all businesses that misrepresentation on the Employment Equity Act is a criminal act in his speech at the Department’s EE Dinner and Awards ceremony, held in Johannesburg on 9 May 2024.

He warns that employers risk facing criminal charges in addition to fines for the misrepresentation of their compliance with EE regulations. Businesses should remember that the Employment Equity Act allows the department to pursue legal action against non-compliant employers. Bede underscores the accountability of company chief executives for signing off on EE plans and stresses the responsibility of both executives and EE managers to ensure adherence to regulations. The Department will no longer accept EE reports at face value and will scrutinize them more rigorously. It was also highlighted that employers should adhere to EE regulations without external pressure and encourage employers to cooperate willingly.

Bede once again reiterated the importance of Section 61. Section 6 states that “no person may – obstruct or attempt to improperly influence any person who is exercising power or performing a function in terms of this Act; or knowingly give false information in any document or information provided to the Director-General or a labour inspector in terms of this Act.”

In conclusion, the Department’s commitment to enforcing EE regulations should not be understated, this includes the threat of criminal charges for non-compliance.

A Shift in Skills Development on the Horizon

The QCTO changes being implemented have the potential to not only significantly impact your skills development plan reporting to the SETA, but also your BEE scorecard. It is important to consider these changes carefully and take any necessary steps to ensure that your company remains compliant and achieves its desired outcomes.

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Latest Update in Construction

A revised list has been published by the Construction Sector Charter Council announcing new Professional Registration bodies for the Construction Sector Code. This list is published in accordance with Statement CSC Code Series 200 and 300 of the Amended Construction Sector Code.

If your business falls within the scope of the Construction Sector Codes, additional BEE points can be earned on your Management Control and Skills Development elements on your BEE scorecard, if proof of membership is submitted.

This is an important notice for all South African businesses that operate in the Construction Sector.

Download the list here and contact BEE Analyst for more information at (012) 997 0037 or email us at consult@beeanalyst.co.za