Archive for category General
Tutu’s wealth tax and B-BBEE
Posted by Keith in BBBEE Knowledge, General, True Empowerment on August 17th, 2011
The recent comments by Archbishop Tutu caused some controversy. He complained that the rate of transformation is too slow and the inequalities in our economy still remain – the gap between rich and poor is still too great. He is of course correct. The recent release of the employment equity statistics by the commission for employment equity shows that management jobs are still dominated by white people.
Tutu then suggested a wealth tax. Please note he did not suggest a white wealth tax. The “white” was added by the media without foundation. His actual comments can be found here (courtesy of @gussilber via Twitter), and a video of his talk can be seen on Youtube. The Archbishop is probably not aware that B-BBEE is intended to solve all the problems he identified, in a far more elegant manner than a tax.
B-BBEE is not a tax, because it is voluntary and companies are encouraged to comply, by not necessarily only spending money. It is not a tax because it requests actions, rather than a pure monetary spend. In some ways it can be seen as a levy – e..g with regards to skills development it asks companies to spend 2% or 3% of their payroll on training of their own staff. With regards to enterprise development and socio-economic development it asks companies to spend between 1% and 3% of net profit after tax on those activities. The spend does not need to be pure money – it can be a monetary equivalent, e.g a company can spend time helping a smaller business, and this will be classed as enterprise development. There are other methods of earning B-BBEE points that do not require spending money (tax), like procurement where companies will encourage transformation by asking their own suppliers for their B-BBEE certificates. In this way every company will contribute towards transformation, leveling the playing fields, without the need for a wealth tax.
Some companies have done a wonderful job of complying with the B-BBEE codes and genuinely made a difference to the lives of the people they touched. Many other companies have a reluctance to achieve, and it is this reluctance that Tutu, and others are seeing. Their good, but slightly misguided intentions are a direct result at seeing slow transformation.
Some years back we wrote an article headlined “The alternative to B-BBEE is B-BBEE”, implying that when you look at it, and if transformation is needed the best alternate remains the B-BBEE codes, warts and all. Any other alternative proposed would not be as effective or efficient!
With regard to a wealth tax, government does not have a great record of spending our tax money. Given the option I’d far rather decide for myself whom to support, train than let government tell me, and possibly waste the money. This is what B-BBEE proposes. If you do have to spend 3% of profit after tax, why not decide for yourself how best to do it, in the way that works, and makes business sense to you?
For five years we have been saying that B-BBEE has to succeed – the alternative will be people proposing some outrageous solutions taht we are seeing right now, such as nationalisation or wealth taxes.
Comments by Rob Davies dti minister during his budget vote
Posted by Keith in BBBEE Knowledge, Enterprise Development, Fronting, General, Interpretations, True Empowerment on April 20th, 2011
Minister Davies spoke about B-BBEE during his budget vote: He said the following:
“Regarding economic empowerment more generally, the BEE Codes of Good Practice were promulgated 4 years ago and we are now in a better position to assess their impact. The Presidential Advisory Council has made several policy recommendations to allow for greater participation by black people in productive activities and to tackle what is now emerging as increasingly complex practices of fronting. To this end, the dti and the Presidential Advisory Council are focusing on reviewing the BEE Codes of good practice and possibly amending the BBBEE Act. This could entail, amongst others, refinements to ensure greater policy coherence in the application of BBBEE across government and to strengthen access to procurement opportunities through the now approved and aligned PPPFA regulations. We are also looking at ways to strengthen our efforts to combat the fraudulent practice of fronting.”
Business Day – 20th April 2011 is reporting as follows :
“Department of Trade and Industry acting director-general Lionel October said yesterday the recommendations of the advisory council — now being considered by the economic cluster of government departments — would shift the focus of BEE away from equity investment and ownership towards productive activities.
Currently, companies scored high marks on the BEE scorecard for black ownership, which gave them a high overall score even when they performed poorly in areas such as enterprise development and procurement.
A proposal being examined by the economic cluster is that minimum scores would be required for enterprise development and procurement — or the overall score would suffer. This would compel companies to aim for achievement in all areas.
Mr Davies said what was under consideration was that points would be deducted from the overall score if minimum scores for enterprise development and procurement from small companies were not achieved.
It would also not be enough to merely hand over money for an incubator or enterprise development project. Companies would have to be actively involved in fostering small businesses.
“In Asia, small and big businesses have a symbiotic relationship where big business gets a lot of input from small business and works hard to ensure that it has the required capacity and the technology,” Mr Davies said.
Complex forms of fronting also had to be addressed.
“We have seen that people who participate in ownership deals imagine that they have one thing, but then when they look at the fine print, they have something else,” Mr Davies said.
“There is now a whole industry of lawyers and accountants who are structuring these deals in particular ways.”
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The above is not too different from our crystal ball gazing in our previous newsletter. This is what we said:
The dti has been looking at revising the codes, and recently issued a tender for companies, presumably law firms to take this further. Once the service providers are appointed, the process will take many months or even years to evaluate and then re-evaluate the B-BBEE codes. We are quite sure that this will not result in “canceling” B-BBEE, but gazing into a crystal ball we expect in one or two years time to see the following:
Ownership
Ownership indicators will change to award more points to broad-based and employee ownership schemes. Individual ownership will be awarded less points. Less emphasis will be placed on direct voting rights and more emphasis placed on a new form of economic interest to ensure that new owners get direct benefit out of their investment. To date many companies do not declare dividends so a minority owner has no benefit, other than when he sells his shares, and in private companies there is no good way to value shares like the JSE does.
Management Control
Will be worth less points than present. Currently one new black director can be “worth” up to 6 points. This is seen as only benefiting a few, it is not broad-based enough. Management may be reduced to 5 points or even consolidated into the Employment Equity element reducing the number of elements to 6.
Employment Equity
Definitions will be cleared up. Allowing a significantly more objective measure of “senior, middle and junior” management employees. More points will be awarded. There is a possibility to have the definitions expanded to broaden the reach of the management levels. It should be noted that as from next year the targets for EE go up anyway.
Skills Development
Skills is anticipated to be the biggest beneficiary of the re-evaluations and will certainly be worth more points. Additional indicators, similar to the excellent construction charter will be created. This will include a more detailed breakdown including mentorships and bursaries. The cost of Skills Development will not be a major discussion point, rather what does that spend get used for. The cost will therefore be targeted in more specific and beneficial areas.
Preferential Procurement
As from next year the targets for procurement go up anyway. Definitions and interpretations, especially around exclusions – imports, third party will be cleared up. The procurement element cannot change substantially as it is the theoretical driver behind Black Economic Empowerment.
Enterprise Development
Points may drop slightly. More indicators like those in the construction charter will be added. Some “easy” points, may decrease in importance. Mentorships for developing enterprises will be added. Increased emphasis will be placed on the type of beneficiary ensuring better Enterprise Development opportunities and not generic spend with any qualifying beneficiary.
Socio-economic Development
Points may drop slightly in favour of the EE and Skills elements.
QSEs may find that the “easy” points on ED and SED will have less value.
The thresholds on EMEs will rise.
The charters will also have to be re-evaluated, so there may be a recommendation to decrease the number of gazetted charters
Let’s re-look at this in two years time and see how accurate we were.
A dti scandal – The beginning of the end of the sector codes and B-BBEE
Posted by Keith in Accreditation, BBBEE Knowledge, General, Interpretations on March 7th, 2011
The dti, gatekeeper of the BEE codes has wasted an enormous amount of taxpayers money in setting up the BEE codes, and the sector codes. Latest rumours are they are about to dump the sector codes.
Way back, before the B-BBEE act was gazetted, the financial sector came up with its financial sector code, and other sectors stated following suit. The B-BBEE codes specifically made allowances for sector codes. Many sectors, believing that they were being steamrolled into following a charter spent huge amounts of time and effort to try to create their charter, mostly without success. At the time we are totally anti the charters, as we said that it would cause more confusion and costs and not contribute towards transformation. At the time we were criticised by the dti.
It turns out were correct all the time: The sector codes have proven a total waste of time and money. Industry bodies, government and private enterprise have wasted our money, to create a non-functioning sector codes process.
The minister did indeed gazette four sector codes, construction, transport, tourism and forestry back in 2009. All four came into effect on the date of gazetting, and only one had a transitional period – but implying that all had to be followed from the date of gazetting. In 2009, no one bothered to follow those charters.Around about 10 other charters have been or are still in the process of gazetting including covering Financial services, ICT, property, accountants and legal.
Also in 2009, the minister stated that BEE certificates would only be valid if produced by a SANAS accredited verification agency. His initial notice gave a deadline of 31 July 2009. We pointed out to the minister that at the time SANAS did not have a methodology to accredit agencies based on the sector codes. It would imply that every company in the affected industry would be unable to produce a valid certificate. The minister then delayed the deadline to 1st February 2010. Even with this delay SANAS did not manage to accredit any agency to verify against the sector codes until March 2010. Only a small number of agencies ever managed to become accredited for the sector codes.
It did not really matter – most companies in the affected industries continued using the generic codes and passing that certificate off as a valid certificate – contrary to the regulations of SANAS and the codes. One need only look at certificates produced in 2010 for transport companies, hotels, freight and all the other affected industries to see that the sector codes and the minister’s notice was being completely ignored.
The rumours around BEE from SANAS is that “the dti may make a pronouncement as there have been complaints from the industries saying they should have a choice of utilizing the sector codes. Apparently the DG is aware of the complaints. There was a meeting in Cape Town last week where this was discussed, and from the SANAS point of view they will not view this as a non-conformance until clarity is given by the DTI.”
So legislation is being run by the DG “being aware of problems”, and SANAS, four years after the codes were gazetted is still waiting for clarity on an issue they have been accrediting agencies to do for over a year.
Is there anyone at the dti or SANAS who has the faintest idea of what is going on?
We knew this would happen. SANAS and the dti were unable to keep up with the sector codes. Most agencies did not even know about the sector codes, and failed to check the industry of their client when the client requested verification. Each sector code requires the formation of a sector council, so for example the Tourism Sector Council was formed to manage and report back on the progress the sector has been making in accordance with the sector codes. To date, no sector council has reported back to the minister of the BEE Council as to the progress made. It would be quite easy to do so: They would say “NO PROGRESS”. Every sector council is therefore in breach of their own sector code. If the dti, SANAS and sector councils can’t manage the process, it is not surprising that most measured entities have no idea what is going on, and their level of compliance is lower as a result.What is quite ironic is that even companies that were signatories to the sector codes have not even bothered to use them. For example both York Timbers and Hans Merensky were signatories to the forestry charter. Neither even follow the forestry charter.
It is exactly as we said many years back – sector codes are a waste of time and will result in lower levels of compliance. However, once the sector codes did come out we supported them, because that is what the codes say we must do. We are the consultancy raising these issues with the dti and SANAS. We are the people identifying the errors and inconsistencies. We are the people confronting the verification agencies, measured entities, the dti and SANAS about which scorecard to use.
The problem is that until the minister issues a notice removing the sector codes, any company in an affected sector that issues a certificate that bears the SANAS logo as its official BEE status will be misrepresenting its BEE status. The codes say that deliberate misrepresentation constitutes fronting and is fraud.
A COMPANY THAT ISSUES A CERTIFICATE CARRYING THE SANAS LOGO FOR THE WRONG SCORECARD IS FRONTING.
This is the beginning on the end for the sector codes, and I’m not sorry about that. I have to state that the only high profile person who agreed with us about the useless sector codes was Jimmy Manyi! Even as late as the end of last year Thabo Masombuko of the dti angrily confronted anyone who said that the sector codes serve no purpose. Well, his own DG had has to be brought into the fray, and SANAS, the organisation appointed by the dti still don’t know that a certificate issued in terms of the wrong scorecard is non-conformance.
What I am genuinely sorry about is if this debacle by the dti and SANAS is anything to go by, it looks like the B-BBEE codes could die a similar death. Many people will be only too happy to see the BEE codes go the same way. To them I say “Be careful what you wish for”. (I’ll explain this last statement in a future blog.) We personally will continue to support the codes until the very end.
ED and SED Proposed Changes
Posted by Keith in Accreditation, BBBEE Knowledge, Enterprise Development, General, Interpretations, Socio-economic development on March 1st, 2011
The minister has gazetted proposed changes to the B-BBEE Codes of Good Practice.
The proposals are gazetted in terms of Section 9(5) of the act, which gives interested persons the opportunity of commenting for a period of 60 days from the date of publication of his notice. (18th February 2011).
The proposals affect enterprise development (codes 600/806) and socio-economic development (codes 700/807).
1) Enterprise Development – Shorter payment periods:
Change in shorter payment periods: The existing codes state that you can earn ED points by offering shorter payment periods to suppliers. The codes say that if you pay COD, you can claim 15/15 (i.e 100%) of the value of the payment. If you pay one day after receiving the invoice you can recognise 14/15th of the value. If you pay 5 days after receiving the invoice you can recognise 10/15th , ie. 66.6% of the payment value and so on. The old codes stated that you cannot go beyond 10 days for your payment.
The actual formula used is (15 minus number of days from date of invoice)/15
The proposed amendment allows you to take as long as 15 days to repay. It should actually be only 14 days though!
If you take 14 days to pay then you can recognise (15-14)/15 of your payment: ie 1/15th of the payment – 6.67% of the payment.
If you take 15 days to pay, the formula is (15-15)/15 = 0% which is why we stated that it can only be 14 days!
Commentary:
This is an extra dispensation given to companies and public enterprises that find it difficult to arrange payment as fast as 10 days. The extra benefit is very small though. If you take 12 days to pay an invoice to an approved beneficiary, you can only recognise 3/15th, ie 20% of your payment spend.
What is more interesting is the fact that the minister has given this dispensation on the shorter payment periods. Without doubt shorter payment periods is the most controversial ED activity. In the past many agencies used to regard only a small portion of the shorter payment as being recognisable ED spend. They use the formula of (15 – days to pay) as a percentage. so, if you paid COD, ie zero days, they saw it as (15-0)% of the payment = 15% of payment. We had asked the dti for an explanation and they gave us the interpretation as we have always used. Recently ABVA issued practice notes reverting back to the old arrangements. Fortunately only a few verification agencies are following this incorrect method.
There must be a reason for the dti emphasising shorter payment period, and maybe this is it. In our own submission, we will recommend that the dti issue a very specific explanation and worked example to ensure consistency.
2) Enterprise Development/Socio-economic development – Change from average annual spend to annual basis:
The codes state that ED and SED contributions are measured cumulatively (average annual) from date of inception of the codes, or even up to 5 years prior to the codes (which were issued in 2007.). This means that if your NPAT (net profit after tax) in 2007 was R1m and R1.5m in 2008, R1.3m in 2009 and R2m in 2010, then for your ED calculation our target is set at 3% of the cumulative profit of R5.8m = R174 000.
Your spend is also cumulative so if you spent R24 000 in 2007, R100 000 in 2008, R50 000 in 2009, then you would have reached target in 2010 by 2009 already, and would earn full points in 2010. We used to use the phrase “you can bank your overspend”, so if a company had overspent one year, the overspend would be carried forward to the next. There are good reasons to use the cumulative method: No one really knows what their net profit after tax will be until after their audit and their tax assessment. The best they can do prior to the year-end is use estimates and budgeted figures. With the new proposal, to be on the safe side, a company will have to overspend slightly just in case it turns out that their net profit after tax is higher than expected. The overspend will be lost next year.
Other considerations:
Many companies have not yet begun their empowerment journey. Some have spent no money on ED or SED, so they would have had to make up a huge amount of spend if the cumulative had applied. This could have been asking them to spend 12% of NPAT on ED and 4% on SED over the past 4 years. Since the majority of businesses are not yet compliant they will be happy with the new proposed ruling. Businesses that have overspent on their ED and SEC will be unhappy.
Transitional period: There is no direct transitional period for the proposed changes. Paragraph 5 of code 600 and code 700 does state: “The Minister may from time to time by notice in the gazette revise or substitute the Benefit Factor Matrix. Any changes will only be applicable to Compliance Reports prepared for a measured entity in respect of the first 12 month period following the gazetting of a revision or substitution.”
The benefit factor matrix (annexe 600 (a)) lists the various types of contributions that can qualify as ED (and similar with SED). Paragraph 5 states that any changes to this annexure comes into effect only after 12 months. The Minister’s proposed changes however affect both the benefit factor matrix – the early payment periods , and the actual code 600 – the change from average annual to annual.
The shorter payment period will therefore only come into operation in 12 months time, but the change from cumulative to annual would come into effect as soon as it is gazetted.
Overall Commentary:
We do not disagree with the proposed amendments, though we will recommend that the minister allow a transitional period for those companies that have overspent on their ED and SED targets. We welcome the fact that the minister is issuing amendments, proving that B-BBEE is still top of mind. We still have huge problems with lack of standards, fronting and lack of clear interpretations of the codes. Even these proposed changes will not clear up many issues and we will be issuing our comments to the dti recommending that when they issue this amendment, they clarify some of the issues referred to.
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Categories of B-BBEE Compliance
Posted by MPUMULO MAPHOSA in BBBEE Knowledge, General, Interpretations, Scorecard points, True Empowerment on November 26th, 2010
The Codes of Good Practice provide for 3 categories of broad-based Black Economic Empowerment compliance and the only criteria used to define these categories is a measured entity’s total annual revenue. The listed categories therefore include:
- Exempted Micro Enterprise
- Qualifying Small Enterprise
- Generic Enterprise
In this article we will focus on the first category; Exempted Micro Enterprises.
What Is An Exempted Micro Enterprise (EME)?
Measured entities with less than R5m annual turnover are accordingly exempted from producing a BEE Scorecard. Annual turnover thresholds for the Tourism and Construction (Built Environment Professionals) industries is R2,5m and R1,5m respectively. Qualifying entities are therefore regarded as Exempt Micro Enterprises (EMEs) and are deemed to be automatic level 4 (four) BEE Contributors. Any qualifying purchases from such an enterprise can be claimed at 100%. In a scenario where black ownership is more than 50%, such an entity is deemed as a level 3 BEE contributor whereupon Procurement Recognition is at 110%.
Start-up companies are regarded as EMEs for the first year following their formation regardless of their expected revenue with the exception of tendering for contracts above R5million.
What Does an EME Need?
An EME must obtain the relevant documents as full proof for their status. At EconoBEE this is a very short and simplified process, which has a turnaround time of 2 working days. For further information, please contact us at eme@econobee.co.za or 0861 11 3094
The points mean something
Posted by Keith in BBBEE Knowledge, General on November 16th, 2010
Imagine watching your team play rugby and at the end of the match, a panel of experts gather to decide which is the better team. They then award the World Cup trophy to the team they think is best. It would be ridiculous. Rugby is a game with rules. The rules are enforced by the referee. Each team, and coach works out strategies beforehand to find weaknesses in the other team to find a way to score points. Depending on the team, conditions and players your team will win the game by scoring the most points – be it via tries, conversions, penalties or drop goals. A game has a specific duration, rules, players and methods of scoring. To score points takes 5 or 10 minutes, or more and is earned by following the required strategies.
Let’s look at B-BBEE: B-BBEE has many more ways of scoring points, 7 elements and over 30 indicators, all of which contribute towards earning points. Some commentators have been saying that points are not a good measure of transformation. They see companies chasing points instead of transformation. The point (pun intended) they miss is that points are an excellent indication of transformation. The only way to earn points is to follow transformational guidelines. Anyone who says that the points don’t matter has no real understanding on the intricacies
You don’t earn points by “giving your business” to someone else. You don’t earn many points by doing “non-transformational” activities. The only way to earn lots of points is by following transformational principles. To earn points shows commitment to many aspects of society and the economy – that is why it is called “broad-based”. It shows commitment to charitable institutions, to helping grow businesses, to training your staff, to improving employment equity, to finding ways of helping suitable business people get involved in ownership. While it may sound complicated, the rules for points even include involving women and disabled. To say that this is not true transformation is not true.
In a way B-BBEE is therefore similar but more complex than a simple game of rugby. It has to be – it has to try to improve the lives of all South Africans. Anything less than using a scorecard would not be able to measure the impact of various activities.
Many management experts have used the phrase: “If you can’t measure it, you can’t manage it”, and in the case of B-BBEE, this is very applicable. One company that achieves a level 3 can be fairly regarded as having a better B-BBEE score, and better credentials than a level 4.
The points do matter. Points are an excellent way to monitor and manage transformation.
Broad-based continues to make gains
Posted by Keith in BBBEE Knowledge, General, Marketing, True Empowerment on October 5th, 2010
The PIC has now stated that they are unhappy with the ArcelorMittal deal. They specifically ask why the BEE deal was not broad-based. See http://www.businessday.co.za/articles/Content.aspx?id=122763.
We were the first BEE Consultancy to express reservations about the deal, by calculating the number of points that AM would earn via the deal. Our concern then, and now is AM chose to call this a broad-based deal when it hardly earned 5 points on the scorecard. They had various clauses in their deal that were unenforceable, showing really poor knowledge of B-BBEE and the codes. At one point they have stated that after the deal is completed they will call in a verification agency to evaluate their BEE score. Our view has always been that you evaluate your score BEFORE doing the deal, and getting a verification agency only to verify the points earned. You never call in a verification agency to help you see how many points you have earned, AFTER the deal. It is obvious that the deal was never intended to be broad-based.
At the same time we have noticed that some government departments are using the B-BBEE level as a criterion for awarding grants. We have recently asked the Public Protector to investigate why government departments, organs of state and public enterprises invariably do not use B-BBEE as a criteria in doing business. There now seems to be a distinct trend to slowly using B-BBEE principles, which we sincerely welcome.
We believe that this new approach to empowerment is going to remove a lot of the negativity around BEE, and ensure that the right people benefit, in the right way.
Congratulations – Broad-based is the winner
Posted by Keith in BBBEE Knowledge, DA, General, True Empowerment, politics on September 21st, 2010
The leader of the DA, Mrs Helen Zille has written at length about the need for empowerment to be broad-based. The DA has had a broad-based policy for a long time, but for unknown reason has never publicised it widely. Nevertheless we congratulate Premier Zille’s call for broad-based empowerment. However the DA’s policy falls way short of the dti’s codes of good practice. It offers no objective measurement, like the scorecard does, and it gives no targets or indicators to guide compliancy. It falls back onto a subjective approach to broad-based black economic empowerment.
Congratulations today must also go to the department of trade and industry – and the specific people how guided the original act through parliament, and then spent many years developing the codes. In researching this article we looked back at the draft codes of 2005 and 2006 and compared them to 2007. It is very instructive to see how they progressed and improved to the final stage.
Congratulations must also go to the tens of thousands of companies that are making an effort to comply and have produced their own scorecard or verified certificate. While there is a long way to go, some progress is being made towards true, and broad-based empowerment. Many companies are spending a lot of money on skills development. Many are working very hard on enterprise development. Corporate social responsibility is still being implemented and helping the poor and poverty stricken.
Yes, there is a long way to go, but our first fight was to get everyone to start thinking broad-based. The ArcelorMittal deal, on which we were the first to comment has turned out to be the catalyst, or the final straw to narrow-based to making the whole of South Africa realize that broad-based was the way to go, and that broad-based was always the policy of the dti. We are now seeing the politicians calling for broad-based. The SACP has also condemned narrow-based, in favour of broad-based.
Most companies – our clients are very happy to follow broad-based once they know what it entails.
It’s taken some time, but we are getting very excited that broad-based is the winner.
B-BBEE is NOT a box ticking exercise
Posted by Keith in BBBEE Knowledge, General, True Empowerment on September 17th, 2010
Many people often refer to B-BBEE as a “box ticking” exercise. They use this to explain why B-BBEE can’t work, doesn’t work, won’t work. Some use it to justify the need for a change in B-BBEE policy.
The fact of the matter is B-BBEE is no box ticking exercise. You do not earn BEE points by ticking various boxes. B-BBEE is a policy that measures the success of many transformation indicators. It is similar to a company’s financial statements. No one wold say that producing financial statements is a typing exercise, or that applying for a loan a box ticking exercise. If a company has an annual turnover of R1 billion and a net profit at R75 million, then while the financial statements may only show numbers, those numbers have huge meaning and a long story behind them. To turnover R1 billion implies people have worked hard to find customers, make sales, produce goods or services and supply them to their customers. To make a profit means careful analysis of costs and turnover.
In the same way a company that states “Level 2″, is not just writing something on a piece of paper. It means that the company had made serious efforts in many areas – ownership, management, employment equity, skills development, procurement, enterprise development and socio-economic development to achieve that level 2. It may have spent R750 000 on donations to charity. t may have spent R3 million on staff training. It may have contacted 3000 suppliers to request their own scorecard. It is not an insignificant amount of work that a company must have performed in order to reach its level 2. It is definitely not ticking a box on a piece of paper.
The financial statements give a good indication of the financial well-being of a business. The statements are not perfect – there could be errors, or the full story may not be included in the statements. Items such as customer goodwill are not easily measurable, and external factors are not always taken into account. By and large the financial statements reflect as best the financial situation of the business as can be expected.
The same again goes for a B-BBEE scorecard. The scorecard tells a story – how transformed the company is. It is not always entirely accurate and sometime ignores aspects of transformation that some companies consider important. It is based on nearly 40 indicators, and is a far better indicator of the progress that a company is making than a subjective assessment.
It can be argued that some indicators are allocated have too much importance on the scorecard, or too low an importance. It can be said that some of the weightings are too low, or the targets too low and easy to achieve. It can be said that the rules and interpretations are too loosely defined. If any of the above is true, all it means is that by discussion and negotiation those rules should be changed, the weightings and targets adjusted. It does not mean that B-BBEE needs an overhaul, or that the concept of a scorecard is wrong. If we need more indicators, we sohlud add them. If B-BBEE is too complicated, with too many indicators, some should be removed.
As it stands the scorecard covers those seven elements, with nearly 40 indicators. Many of those indicators are closely linked to other indicators making it more difficult to front or misrepresent the score. Each indicator and element certainly does provide an excellent indicator of the progress that a company is making and helping there country towards true transformation.
Almost every complaint about B-BBEE can be answered by looking at the indicators, for example “It enriches only a few”. Not so – if only a few people are involved in an ownership deal the company will only earn a few points. The only way to earn lots of points is by working on all the elements.
The indicators award points for diverse activities, such as “black new entrants” – including people in an ownership deal who are “new entrants” i.e.have not done any big deals previously. Points are awarded for employing black disabled people, and bonuses for training those disabled people. Points are awarded for purchasing from small businesses, black owned and even black female owned businesses. Points are awarded for helping small businesses and donating to certain charitable institutions.
If one had to try to identify what is needed to transform the country, they would probably come up with the exact B-BBEE policy that we have – and it is no box ticking exercise.
Is it a duck?
Posted by Keith in BBBEE Knowledge, General, Scorecard points, True Empowerment on August 26th, 2010
If it does not look like a duck, does not walk like a duck, does not sound like a duck, then it probably is not a duck, even if it tells you its name is “Duck”.
If they call it a BEE deal or a BEE company but it does not sound like a BEE deal or a BEE company, then it is not a BEE deal.
I’ve said this hundreds of times, and the media, commentators, businesspeople and government still insist on calling it BEE even if it is not BEE.
B-BBEE was created and defined by the Broad-Based Black Economic Empowerment Act, 53 of 2003. It defined a set of codes that set up a system of measuring B-BBEE complaincy. That system is called the scorecard. The scorecard measures various indicators against targets, and assigns weightings to each indicator which convert to points. The final result after doing all the calculations is a B-BBEE scorecard. The scorecard needs to be verified (checked) and a certificate is issued. That valid certificate is the ONLY measurement of B-BBEE compliance. If someone talks of a BEE deal, or a BEE company, the only question to ask is “How many points does this deal earn/has this BEE company achieved? ” If there is no answer, or the answer is zero, there is no B-BBEE compliance, and no one may call this a BEE deal.
Even if they say it is BEE, does not make it BEE.

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