Articles
A MAJORITY OF TRUSTEES HAS THE AUTHORITY TO BIND A TRUST, CONFIRMED BY THE CONSTITUTIONAL COURT.
In an important judgment handed down on Friday, 1 August 2025, the Constitutional Court has clearly and succinctly set out the principles relevant to decision-making processes applicable to trusts.
SASRIA Claims Procedure
SASRIA SOC Limited is the only insurance company in South Africa that provides cover for damages caused by civil commotion, riots and public unrest as has been experienced in KZN and parts of Gauteng this past week
Broad-Based Ownership Schemes: The DTI weighs in on the BBOS debate
On 18 May 2021, Minister Ebrahim Patel published an extraordinary Explanatory Memorandum on “Discretionary Collective Enterprises”, better-known as “broad-based ownership scheme” in BBBEE parlanc
Misconceptions around BBBEE Statement 102 Sale of Assets
One of the more frequently used, and even more frequently misunderstood, chapters in the BBBEE Codes of Good Practice is Statement 102: Sale of Assets.
BBBEE and Broad-Based Ownership Schemes: A Rebuttal to the BBBEE Commissioner's Views
What is the future for broad-based schemes and non-profit schemes in BBBEE ownership structures?
BBBEE and Socio-Economic Development
While the Socio-Economic Development (“SED”) element only counts for a maximum of 5 points on the Scorecard in the generic Codes of Good Practice published in terms of the Broad-Based Black Economic Empowerment (“BBBEE“) Act, this element is not as simple to implement as it appears.
New Rules for B-BBEE
Soon 51% black-owned large enterprises will be level 2; and "At least 30% black-women owned" finally means "at least" and not "more than"!
B-BBEE and Trusts
There have been many questions raised recently regarding the correct application of the principles of B-BBEE to ownership by trusts.
Non-Profit Organisations and B-BBEE
B-BBEE legislation has brought more complexity for NPO's to deal with, particularly as most corporates now prefer to channel their donations to those NPO's that qualify both as "SED Beneficiaries" and as "public benefit organisations with section 18A status".
B-BBEE Major Transaction Threshold
The Minister of Trade & Industry published a proposed threshold for the definition of "Major B-BBEE Transaction" which appears in section 13F of the B-BBEE Act.
Alarming New BEE Regulations
The draft Regulations to the Broad-Based Black Economic Empowerment Act, 2003, published on 17 February 2016 contain some alarming new developments which, if they are finalised in their current form, will severely impact on commercial activities and foreign investment in South Africa.
Broad-Based Black Empowerment Regulations, 2016: Invitation for the public to comment on the draft
In a Notice published on 17 February, the DTI has released for comment draft regulations to the BEE Act. These regulations pertain largely to the conduct of and the referral of complaints to the newly created BEE Commission which was established by the BEE Amendment Act.
Comparison of various BEE Industry Sector Codes
Since the coming into effect of the amended generic Codes of Good Practice on 1 May 2015, several industries which had formulated their own sector codes for their industries have aligned their sector codes with the generic codes. Others have not....
Mining Industry and Petroleum Industry are Exempt from B-BBEE (For Now)
In a notice published on 31 October 2015, the Department of Minerals & Energy has given the mining industry and the upstream petroleum industry a reprieve from applying the principles of Broad-Based Black Economic Empowerment ("B-BBEE"), except the requirement to "continue maintaining compliance with ... the Mining Charter".
Are Sector Charters Aligning with New BEE Codes?
On Friday, the Property Sector Charter was published as a final sector code in terms of the Broad-Based Black Economic Empowerment Act, 2003, giving it the same status as the generic Codes of Good Practice.
BEE Update: What Constitutes "Fronting"?
The Broad-Based Black Economic Empowerment Amendment Act, 2013 ("the Act") introduced a definition of "fronting", a concept which had previously been based on the common law criminal concept of "fraud".
BEE Update: What Constitutes "Fronting"
The Broad-Based Black Economic Empowerment Act, 2013 introduced a definition of "fronting", a concept which had previously been based on the common law criminal concept of "fraud".
New BEE Sector Code for the Media Industry
The new Sector Code for the Media Industry was published in it final form
New BEE Rules Exclude Indian and Coloured and Promote "tenderpreneurs"
Recently released draft regulations to the Preferential Procurement Policy Framework Act state that for tenders under R10 million 50% of the weighting of the bid must be allocated to the price and 50% must be allocated to specific goals, primarily ownership...
DTI withdraws its Notice limiting points for employee share schemes and broad-based schemes!
On Friday afternoon, Minister Rob Davies undid the damage to Broad-Based Black Economic Empowerment (“BEE”) schemes done by acting Minister Lindiwe Zulu on 5 May 2015.
