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1 No. 10177 Regulation The Government Printing Works willnot be held responsible for the quality of Hard Copies or Electronic Files submitted for publication purposesAIDS HELPLINE: 0800-0123-22 Prevention is the cureGovernment GazetteStaatskoerantREPUBLIC OF SOUTH AFRICAREPUBLIEK VAN SUID AFRIKAVol. 6126 June Junie 2016No. 40053 Regulation GazetteNo. 10610 Regulasiekoerant9771682 584003 ISSN 1682-584340053No* ice submission de a dl ineisNate, WNW) dadRcsThis gazette is also available free online at No. 40053 GOVERNMENT GAZETTE, 6 JUNE 2016 Government Printing WorksNotice submission deadlinesGovernment Printing Works has over the last few months implemented rules for completing and submitting the electronic Adobe Forms when you, the customer, submit your notice line with these business rules, GPW has revised the notice submission deadlines for all gazettes.

2 Please refer to the GPW website familiarise yourself with the new of notice submissions are accepted by GPW according to the deadlines stated in the table above. Non-compliance to these deadlines will result in your request being failed. Please pay special attention to the different deadlines for each note that any notices cancelled after the cancellation deadline will be published and charged at full for cancellation must be sent by the original sender of the notice and must accompanied by the relevant notice reference number (N-) in the email to noticesCustomer inquiriesWith effect from 01 October, GPW will not longer accept amendments to notices. The cancellation process will need to be followed and a new notice submitted thereafter for the next available publication of our customers request immediate feedback/confirmation of notice placement in the gazette from our Contact Centre once they have submitted their notice While GPW deems it one of their highest priorities and responsibilities to provide customers with this requested feedback and the best service at all times, we are only able to do so once we have started processing your notice submission.

3 GPWhas a 2-working day turnaround time for processing noticesreceived according to the business rules and deadline keep this in mind when making inquiries about your notice submission at the Contact reminds you that all notice submissions MUSTbe submitted with an accompanying proof of payment (PoP) or purchase order (PO). If any PoP s or PO s are received without a notice submission, it will be failed and your notice will not be submitting your notice request to please ensure that a purchase order (GPW Account customer) or proof of payment (non-GPW Account customer) is included with your notice submission. All documentation relating to the notice submission must be in a single reminder that documents must be attached separately in your email to GPW. (In other words, your email should have an Adobe Form plus proof of payment/purchase order 2 separate attachments where notice content is applicable, it should also be a 3rd separate attachment).

4 Proof of paymentsReminder of the GPW BUSINESS RULES Single notice, single email with proof of payment or purchase order. All documents must be attached separately in your email to GPW. 1 notice = 1 form, each notice must be on a separate form Please submit your notice ONLY ONCE. Requests for information, quotations and inquiries must be sent to the Contact Centre ONLY. The notice information that you send us on the form is what we publish. Please do not put any instructions in the email gazette is also available free online at STAATSKOERANT, 6 JUNIE 2016 No. 40053 3 Government notices GoewermentskennisGewinGsTrade and Industry, Department of/ Handel en Nywerheid, Departement vanR.

5 689 Broad Based Black Economic Empowerment Act (53/2003): Notice in terms of Section 14(1) of the Act .. 40053 NOTICE:The GovernmenT PrinTinG Works Will noT be held resPonsible for any errors ThaT miGhT occur due To The submission of incomPleTe / incorrecT / illeGible fuTure queries Will be handled in connecTion WiTh The NOTICE Department OF TRADE AND INDUSTRY No. 2016 NOTICE IN TERMS OF SECTION 14(1) OF THE BROAD -BASED BLACK ECONOMIC EMPOWERMENT ACT, 2003 (ACT NO. 53 OF 2003), AS AMENDED BY THE BROAD -BASED BLACK ECONOMIC EMPOWERMENT AMENDMENT ACT, 2013 (ACT NO. 46 OF 2013) 1 By virtue of the powers vested in me in terms of section 14(1) of the Broad - Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), I Rob Davies, Minister of Trade and Industry, hereby - (a) make the Regulations following hereunder; and (b) determine that the Regulations will come into effect on the date of publication of this Notice.

6 DR ROB DAVIE , MP MINISTER OF TRADE AND INDUSTRY DATE: 21 I S / 2016 This gazette is also available free online at No. 40053 GOVERNMENT GAZETTE, 6 JUNE 2016 Government notices GoewermentskennisGewinGsTrade and Industry, Department of/ Handel en Nywerheid, Departement vanDEPARTMENT OF TRADE AND INDUSTRYNO. R. 689 06 JUNE 2016R. 689 Broad Based Black Economic Empowerment Act (53/2003): Notice in terms of Section 14(1) of the Act 40053 This gazette is also available free online at STAATSKOERANT, 6 JUNIE 2016 No. 40053 5 BROAD-BASED BLACK ECONOMIC EMPOWERMENT REGULATIONS, 2016 REGULATING THE ADMINISTRATION AND IMPLEMENTATION OF THE BROAD-BASED BLACK ECONOMIC EMPOWERMENT ACT AND THE FUNCTIONS OF THE COMMISSION TABLE OF CONTENTS Part 1 General Provisions.

7 3 Division A - Interpretation .. 3 title .. 3 Division B Commission Office Functions .. 8 hours and address of Commission .. of time limits .. s functions .. of documents .. documents .. documents .. of notices and applications .. of Certificates, Notices and Receipts .. 11 Part 2 Reporting Duties ..13 duties .. 13 Part 3 Access to information ..18 or Confidential information .. to information .. 20 Part 4 Complaint Process ..22 a Complaint .. of complaints .. complaints .. 26 Part 5 Registration of a Transaction ..28 This gazette is also available free online at No. 40053 GOVERNMENT GAZETTE, 6 JUNE 2016 No. xxxx GOVERNMENT GAZETTE, DD/MM/YYYY BROAD-BASED BLACK ECONOMIC EMPOWERMENT REGULATIONS for registration of a transaction .. 28 Division C Applications to the Minister.

8 30 Part 6 Permission to Exceed the Qualification Criteria ..30 to Exceed the Qualification Criteria .. 30 Part 7 Application for Exemption or Deviation ..35 for the application for exemption or deviation .. 35 Table B-BBEE 1 Methods and times for delivery of Documents .. 40 SCHEDULE B-BBEE FORMS ..48 This gazette is also available free online at STAATSKOERANT, 6 JUNIE 2016 No. 40053 7 BROAD-BASED BLACK ECONOMIC EMPOWERMENT REGULATIONS 3 Part 1 General Provisions 1 Division A - Interpretation title3 These Regulations may be cited as theB-BBEE Regulations. (1)Section 1 of the Act applies to the interpretation of these Regulations. 6(2)A word or expression that is defined in the Act bears the same meaning in 7these Regulations as in the Act.

9 8(3)In these Regulations unless context indicates otherwise, any word or 9expression to which a meaning has been provided in the Act has the same 10meaning: 11(a)a reference to a section by number refers to the corresponding section of 12the Act; 13(b)a reference to a Regulation by number refers to the corresponding item 14of these Regulations; and 15(c)a reference to a sub-regulation or paragraph by number refers to the16corresponding item of the Regulation in which the reference appears. 17(4)In these Regulations unless the context indicates otherwise: 18(a) Act means the Broad-Based Black Economic Empowerment Act,192003 (Act 53 of 2003), as amended by the Broad-Based Black 20 Economic Empowerment Amendment Act, 2013 (Act 46 of 2013), and 21includes any code of good practice or regulations made under the Act; 22 This gazette is also available free online at No.

10 40053 GOVERNMENT GAZETTE, 6 JUNE 2016 BROAD-BASED BLACK ECONOMIC EMPOWERMENT REGULATIONS 4(b) alternative dispute resolution means conciliation, mediation or 1arbitration services to assist in the resolution of a complaint or matter 2lodged with the B-BBEE Commission; 3(c) application means a request for a deviation or an exemption 4submitted in terms of section 10(2) and a permission to exceed 5submitted in terms of section 9(6) of the Act;6(d) certificate of approval means a certificate issued by the Minister 7granting permission to exceed the qualification criteria in terms of 8section 9(6), or an exemption or deviation in terms of section 10(2) of 9the Act; 10(e) certificate of registration means a certificate issued by the 11 Commission to the registrant as confirmation that a major broad-based 12black economic empowerment transaction has been registered in terms 13of section 13F (1) (f) of the Act; 14(f) certified copy means a copy of a document certified by a 15 Commissioner of Oaths; 16(g) Codes of Good Practice means the generic codes or the sector codes, 17as the case may be; 18(h) Chairperson means a chairperson of the Panel, and may include the 19 Commissioner; 20(i) Commissioner means the office holder appointed in terms of section 2113B of the Act.