The BEE Commission has been very busy this week, and we have seen them flex their muscles as it pertains to ensuring that the spirit and implementation of BEE is being done as intended. This week, we have seen the following:
- The BEE Commission instructing a private company not to host a fronting seminar to and to refund the intended participating delegates;
- The BEE Commission issuing a practice guide as it pertains to third party procurement
- The BEE Commission issuing a practice guide in connection with BEE Scorecard certificates with regards to EMEs and QSEs (some Verification Agencies are still charging EMEs for a BEE Certificate even though an affidavit will suffice).
One of the significant functions of the BEE Commission is that they can do is to issue a “Practice Guide” which is non-binding but rather should be used to ensure that there is consistent interpretation of the B-BEE Act and the Amended B-BBEE Codes of Good Practice. In some instances, such Practice Guide might not be applicable, and therefore companies are encourage to proactively approach the BEE Commission and request an “advisory opinion”. The fact that it is an “advisory opinion might suggest that may be subject to judicial scrutiny.
NPI Governance Consulting can assist clients and companies in this regard, and are committed to keeping a finger on the pulse of how the B-BBEE Codes should be interpreted. For further assistance, contact Thato Malebane, Head of Business Development on email@example.com.