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Thought Leadership
TO BBBEE OR NOT TO BBBEE
BROAD-BASED BEE
   OVERVIEW
Introduction

Empowerdex (Pty) Ltd was established in 2001, by Vuyo Jack and Chia Chao Wu.
Our Mission is to provide support to both the public and private sectors to accelerate
the implementation of broad-based black economic empowerment in South
Africa, thereby helping to bridge the gap between the country's first and second
economies.
Empowerdex was a pioneer of the rating methodology, having worked closely with the
Department of Trade and Industry in developing the framework for BEE and involved in
the drafting of the Codes of Good practice.
Based in Johannesburg, with offices in JHB, Pretoria, Cape Town, Durban, and reach
in all provinces through partnerships with external analysts.
Founding member of the Association of BEE Verification Agencies, and accredited by
the South Africa National Accreditation System.
Experience

•Our research division has worked in the development of sector
charters, and with particular industries on the assessment of BEE in
those industries, including:

    •Produce the Top Empowerment Companies with the Financial
    Mail annually since 2003.
    •Were involved in the drafting of the Codes, Tourism Charter ,
    AgriBEE, as well as the Liquor Charter, which is not finalised as
    yet.
    •Completed studies for the Department of Energy on the progress
    of the petroleum industry in implementing BEE, as well as a similar
    study for the CASA for the state of BEE in the Casino industry.
Some Rated Clients

Standard Bank SA                 Hollard Ltd        Multinationals rated by Empowerdex
African Oxygen Ltd (Afrox)       Nampak Ltd         Toyota                Unilever
Gijima AST                       Bidvest Ltd        Siemens               Volvo
Massmart Ltd                     Barloworld Ltd     DHL                   Accenture
Oceana Ltd                       GlenRand MIB       Chevron SA            Adidas
Mobile Telephone Network (MTN)   Foschini
Adcorp Ltd                       Omnia Ltd
Aspen Pharmaceuticals            African Bank
Sappi Ltd                        Alexander Forbes
Liberty Holdings Ltd

Professional Firms rated by Empowerdex              Other Rated clients:
PriceWaterHouse Coopers        JP Morgan            South African Airways          Astral Foods
Ernst and Young                Deloitte             Tsogo Sun                      ACSA
Bowman Gilfillan               KPMG                 Shanduka                       Nashua Mobile
Werkmens                       Deneys Reitz         Mineworkers Investment Comp.   Primedia Outdoor
Webber Wentzel                 RMB Asset Man        Rhodes Food Group              Landbank
Cliffe Dekker Hofmeyr          Eversheds            Group 4 Securicor              Mweb
                                                    Fidelity Security Services     McCarthy
                                                    Butterworths Publishers        Bateleur
                                                    Protea Hotels                  Southern Sun
                                                    Eskom Holdings Limited         Mweb
Objectives of BEE
  Equitable Economic Opportunities
                                                       Emerging black
                          Ownership                    middle class &
                       And Management                    investors

          The Opportunity Barrier

    Affirmative                          Enterprise         Black
   Procurement                          Development     entrepreneurs

            The Business Barrier
                           Skills                        Black workers,
                       Development &                     professionals,
                        Employment
                          Equity
                                                       graduates, school-
                                                            leavers
               The Skills Barrier

                                      Corporate
   Employment
 Equity/Job creation               Social Investment
                                                       Black unemployed
                                                          & rural poor
             The Poverty Barrier
Business Impact of BEE
                                             Suppliers                                                        Suppliers

             Suppliers

                                                                                 Suppliers
                                                              Suppliers
                                            Suppliers                                                                                      Suppliers
                         Supplier
                                                                                                  Suppliers
 Suppliers



                                                                                                                     Suppliers
                                                                                 Retail
                         Suppliers
                                               Mining
                                                                                                                                       Suppliers
Suppliers



                     Suppliers
                                                               Government
                                            Banks                                             Tourism                             Suppliers

Suppliers
                          Suppliers

                                                                                                                          Suppliers
                                                                                                                                                   Suppliers
                                                         Insurers                 Telecoms
  Suppliers                     Suppliers

                                                                                                              Suppliers

                                                  Suppliers               Suppliers
                Suppliers
                                                                                             Suppliers                         Suppliers
INTENTION OF BEE

•   Increase the level of participation
    by black people in mainstream         Mainstream Economy
    economy                                 Mainstream Economy

•   Increase the real market in the
    SA economy




                                                  Upliftment
                                                    BEE
•   Increase income through
    resultant economic growth


                                            Second Economy
           More economic participants
                                           Second Economy



            Higher Economic Growth
Generic Scorecard
 BEE ELEMENTS    WEIGHTINGS     CODE
                              REFERENCE

  OWNERSHIP       20 POINTS   CODE 100


 MANAGEMENT       10 POINTS   CODE 200
  CONTROL

 EMPLOYMENT       15 POINTS   CODE 300
   EQUITY

    SKILLS        15 POINTS   CODE 400
 DEVELOPMENT

PREFERENTIAL      20 POINTS   CODE 500
PROCUREMENT

  ENTERPRISE      15 POINTS   CODE 600
 DEVELOPMENT

SOCIO ECONOMIC    5 POINTS    CODE 700
 DEVELOPMENT
BEE Recognition Levels
         BEE Status                     Qualification         BEE procurement
                                                              recognition level
Level One Contributor           ≥100 points on the Generic          135%
                                Scorecard

Level Two Contributor           ≥85 but <100 points on the          125%
                                Generic Scorecard

Level Three Contributor         ≥75 but <85 on the Generic          110%
                                Scorecard

Level Four Contributor          ≥65 but <75 on the Generic          100%
                                Scorecard

Level Five Contributor          ≥55 but <65 on the Generic          80%
                                Scorecard

Level Six Contributor           ≥45 but <55 on the Generic          60%
                                Scorecard

Level Seven Contributor         ≥40 but <45 on the Generic          50%
                                Scorecard

Level Eight Contributor         ≥30 but <40 on the Generic          10%
                                Scorecard

Non Compliant Contributor      <30 on the Generic Scorecard          0%
Ownership indicator                         Weighting   Compliance
                                                            points       Target

    Ownership
Exercisable Voting Rights in the Enterprise in the hands
of black people
                                                               3        25%+1 vote
                                                                                         Scorecard measures the
Exercisable Voting Rights in the Enterprise in the hands
of black women
                                                               2            10%          ability of black shareholders
                                                                                         to exercise and enforce
Economic Interest of black people in the Enterprise            4            25%
                                                                                         their ownership rights to
Economic Interest of black women in the Enterprise             2            10%          prevent exploitation
Economic Interest of the following black natural people
in the Enterprise:                                                                       Measures Voting Rights,
black designated groups;
black Participants in Employee Ownership Schemes;                                       Economic Interest
black beneficiaries of Broad-Based Ownership                  1           2.5%
                                                                                         And Net Equity Value
Schemes; or
black Participants in Co-operatives
                                                                                         Specific Target on Black
Ownership fulfilment                                           1       Dependent on      Women and
                                                                          below
                                                                                         Designated Groups
Net value                                                      7       10 year targets
                                                                        on Formula A

                                                                                         Funding to be repaid over
Involvement in the ownership of the Enterprise of black        2            10%
     new entrants;                                                                       ten years
Involvement in the ownership of the Enterprise of black
     Participants in:
    black Participants in Employee Ownership
     Schemes;                                                  1            10%
    black beneficiaries of Broad-Based Ownership
     Schemes; or
    black participants in Cooperatives
Ownership - QSE

                          Ownership Indicator                               Weighting   Compliance target
                                                                             points
Voting Rights:
•Exercisable Voting Rights in the Enterprise in the hands of Black people      6           25%+1 vote


Economic Interest:
•Economic Interest in the Enterprise to which Black people are entitled        9              25%
Realisation points:
•Ownership fulfilment points                                                   1             Yes/No
•Net equity points                                                             9              25%
Bonus points:
•Involvement of black women                                                    2              10%
•Involvement in the ownership of the business by:                              1              10%
•Black participants in Employee Ownership Schemes
•Black participants of Broad-Based ownership schemes
•Black participants in co-ops
Management


             Voting Rights in the hands of black-people
             using the Adjusted Recognition




             Bonus point for black independent
             directors
Management - QSE


                   Management Control Indicator      Weighting    Compliance target
                                                      points

•Black representation at top manager level              25       50.1% of top manager
                                                                     representation

•BONUS: Black women representation as top managers      2               25%
Employment Equity


                    40%
                    subminimum
                    applied


                    Adjustment for
                    Gender
Employment Equity - QSE

                    Employment Equity Indicator                           Weighting   Compliance target
                                                                           points

•Black employees in management,          as   a   percentage   of   all      15             40%
management, adjusted for gender

•Black employees, as a percentage of all employees, adjusted for             10             60%
gender

•BONUS: Meeting or exceeding the EAP (economically active population)        2
in each indicator above (unadjusted)
CONCLUSION
Skills Development

                        2008                   2009
  Total Points          55.17                  71.32
  Level contribution    5                      4

                                                             Expenditure on
                                                            training of black
                                                                 people
 This level can be maintained , especially if the work on procurement
 and skills development is maintained.


                                                           Black people
                                                           participating
                                                           Accredited
                                                           learning
                                                           programmes
CONCLUSION
Skills Development - QSE

                                     2008                        2009
       Total Points Development Indicator
               Skills
                                    55.17                     Weighting
                                                                  71.32
                                                               points
                                                                          Compliance target


•AdjustedLevel Development spend on learning programmes for
          Skills contribution              5                     4
                                                                25               2%
black employees, as a percentage of the leviable amount




     This level can be maintained , especially if the work on procurement
     and skills development is maintained.
CONCLUSION
Procurement
                                                Compliance targets
                                2008            Years 0 -   Years 6 -
                                                            2009
           Criteria                                  5           10
      Total Points              55.17
                                 Weighting                  71.32
                                       points
      Level contribution        5                           4
B-BBEE Procurement     Spend         12           50%           70%
from all Suppliers
B-BBEE Procurement Spend         3                10%           15%
from       Qualifying   Small
     This level can be maintained
Enterprises or Exempted Micro-            , especially if the work on procurement
Enterprises
B-BBEE skills development
    and Procurement Spend       is maintained.
                                     5            15%           20%
from any of the following
Suppliers:
 Suppliers that are 50% black
owned
 Suppliers that are 30% black
women owned
CONCLUSION - QSE
 Procurement

                                        2008                     2009
              Preferential Procurement Indicator              Weighting   Compliance target
       Total Points                     55.17                     71.32
                                                               points
•BEE procurement spend from all suppliers, based on BEE         25              40%
         Level contribution                  5
recognition levels, as a percentage of total measured spend
                                                                 4




     This level can be maintained , especially if the work on procurement
     and skills development is maintained.
CONCLUSION
Enterprise Development

                         2008                  2009
  Total Points           55.17                 71.32
  Level contribution     5                     4
             Criteria                Weighting          Compliance
                                      Points              Target
 Average annual value of all              15               3% of NPAT
 Qualifying Contributions made by especially if the work on procurement
 This level can be maintained ,
 the Measured Entity as a
 and skills development is maintained.
 percentage of the target.
Enterprise Development
CONCLUSION
- QSE

                         2008                  2009
  Total Points           55.17                 71.32
  Level contribution     5                     4
             Criteria                Weighting          Compliance
                                      Points              Target
 Average annual value of all              25               2% of NPAT
 Qualifying Contributions made by especially if the work on procurement
 This level can be maintained ,
 the Measured Entity as a
 and skills development is maintained.
 percentage of the target.
Socio-economic
CONCLUSION
Development

                         2008                     2009
   Total Points          55.17                    71.32
             Criteria               Weighting         Compliance Target
   Level contribution    5             Points
                                                  4

Average annual value of all Socio-    5%                  1% of NPAT
   Economic           Development
   Contributions and Qualifying
 This level can be Development , especially
   Socio-Economic     maintained               if the work on procurement
   Contributions made by the
 and skills development is maintained.
   Measured Entity as a percentage
   of the target.
Socio-economic
 CONCLUSION
Development - QSE

                          2008                     2009
    Total Points          55.17                    71.32
              Criteria               Weighting         Compliance Target
    Level contribution    5             Points
                                                   4

 Average annual value of all Socio-     25                 1% of NPAT
    Economic           Development
    Contributions and Qualifying
  This level can be Development , especially
    Socio-Economic     maintained               if the work on procurement
    Contributions made by the
  and skills development is maintained.
    Measured Entity as a percentage
    of the target.
A Practical Application
THANK YOU
EmpowerDEX Details

Contact Person        : Duncan de Groot
                      : Regional Executive (W. Cape)
E-Mail                : duncan@empowerdex.com
Cell                  : 082 410 6081
Tel                   : 021 419 5130
Fax                   : 021 419 5131

Physical Address:

14th Floor, Metropolitan Life Centre
7 Coen Steytler Avenue
Cape Town
Transforming Minds & Futures
              Details

Contact Person   : Chalwyn Vorster
                 : Managing Director
E-Mail           : chalwyn@transformingminds.co.za
Cell             : 082 502 7111
Fax              : 086 522 0019

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Thought leadership bee presentation

  • 1. Thought Leadership TO BBBEE OR NOT TO BBBEE
  • 2. BROAD-BASED BEE OVERVIEW
  • 3. Introduction Empowerdex (Pty) Ltd was established in 2001, by Vuyo Jack and Chia Chao Wu. Our Mission is to provide support to both the public and private sectors to accelerate the implementation of broad-based black economic empowerment in South Africa, thereby helping to bridge the gap between the country's first and second economies. Empowerdex was a pioneer of the rating methodology, having worked closely with the Department of Trade and Industry in developing the framework for BEE and involved in the drafting of the Codes of Good practice. Based in Johannesburg, with offices in JHB, Pretoria, Cape Town, Durban, and reach in all provinces through partnerships with external analysts. Founding member of the Association of BEE Verification Agencies, and accredited by the South Africa National Accreditation System.
  • 4. Experience •Our research division has worked in the development of sector charters, and with particular industries on the assessment of BEE in those industries, including: •Produce the Top Empowerment Companies with the Financial Mail annually since 2003. •Were involved in the drafting of the Codes, Tourism Charter , AgriBEE, as well as the Liquor Charter, which is not finalised as yet. •Completed studies for the Department of Energy on the progress of the petroleum industry in implementing BEE, as well as a similar study for the CASA for the state of BEE in the Casino industry.
  • 5. Some Rated Clients Standard Bank SA Hollard Ltd Multinationals rated by Empowerdex African Oxygen Ltd (Afrox) Nampak Ltd Toyota Unilever Gijima AST Bidvest Ltd Siemens Volvo Massmart Ltd Barloworld Ltd DHL Accenture Oceana Ltd GlenRand MIB Chevron SA Adidas Mobile Telephone Network (MTN) Foschini Adcorp Ltd Omnia Ltd Aspen Pharmaceuticals African Bank Sappi Ltd Alexander Forbes Liberty Holdings Ltd Professional Firms rated by Empowerdex Other Rated clients: PriceWaterHouse Coopers JP Morgan South African Airways Astral Foods Ernst and Young Deloitte Tsogo Sun ACSA Bowman Gilfillan KPMG Shanduka Nashua Mobile Werkmens Deneys Reitz Mineworkers Investment Comp. Primedia Outdoor Webber Wentzel RMB Asset Man Rhodes Food Group Landbank Cliffe Dekker Hofmeyr Eversheds Group 4 Securicor Mweb Fidelity Security Services McCarthy Butterworths Publishers Bateleur Protea Hotels Southern Sun Eskom Holdings Limited Mweb
  • 6. Objectives of BEE Equitable Economic Opportunities Emerging black Ownership middle class & And Management investors The Opportunity Barrier Affirmative Enterprise Black Procurement Development entrepreneurs The Business Barrier Skills Black workers, Development & professionals, Employment Equity graduates, school- leavers The Skills Barrier Corporate Employment Equity/Job creation Social Investment Black unemployed & rural poor The Poverty Barrier
  • 7. Business Impact of BEE Suppliers Suppliers Suppliers Suppliers Suppliers Suppliers Suppliers Supplier Suppliers Suppliers Suppliers Retail Suppliers Mining Suppliers Suppliers Suppliers Government Banks Tourism Suppliers Suppliers Suppliers Suppliers Suppliers Insurers Telecoms Suppliers Suppliers Suppliers Suppliers Suppliers Suppliers Suppliers Suppliers
  • 8. INTENTION OF BEE • Increase the level of participation by black people in mainstream Mainstream Economy economy Mainstream Economy • Increase the real market in the SA economy Upliftment BEE • Increase income through resultant economic growth Second Economy More economic participants Second Economy Higher Economic Growth
  • 9. Generic Scorecard BEE ELEMENTS WEIGHTINGS CODE REFERENCE OWNERSHIP 20 POINTS CODE 100 MANAGEMENT 10 POINTS CODE 200 CONTROL EMPLOYMENT 15 POINTS CODE 300 EQUITY SKILLS 15 POINTS CODE 400 DEVELOPMENT PREFERENTIAL 20 POINTS CODE 500 PROCUREMENT ENTERPRISE 15 POINTS CODE 600 DEVELOPMENT SOCIO ECONOMIC 5 POINTS CODE 700 DEVELOPMENT
  • 10. BEE Recognition Levels BEE Status Qualification BEE procurement recognition level Level One Contributor ≥100 points on the Generic 135% Scorecard Level Two Contributor ≥85 but <100 points on the 125% Generic Scorecard Level Three Contributor ≥75 but <85 on the Generic 110% Scorecard Level Four Contributor ≥65 but <75 on the Generic 100% Scorecard Level Five Contributor ≥55 but <65 on the Generic 80% Scorecard Level Six Contributor ≥45 but <55 on the Generic 60% Scorecard Level Seven Contributor ≥40 but <45 on the Generic 50% Scorecard Level Eight Contributor ≥30 but <40 on the Generic 10% Scorecard Non Compliant Contributor <30 on the Generic Scorecard 0%
  • 11. Ownership indicator Weighting Compliance points Target Ownership Exercisable Voting Rights in the Enterprise in the hands of black people 3 25%+1 vote Scorecard measures the Exercisable Voting Rights in the Enterprise in the hands of black women 2 10% ability of black shareholders to exercise and enforce Economic Interest of black people in the Enterprise 4 25% their ownership rights to Economic Interest of black women in the Enterprise 2 10% prevent exploitation Economic Interest of the following black natural people in the Enterprise: Measures Voting Rights, black designated groups; black Participants in Employee Ownership Schemes; Economic Interest black beneficiaries of Broad-Based Ownership 1 2.5% And Net Equity Value Schemes; or black Participants in Co-operatives Specific Target on Black Ownership fulfilment 1 Dependent on Women and below Designated Groups Net value 7 10 year targets on Formula A Funding to be repaid over Involvement in the ownership of the Enterprise of black 2 10% new entrants; ten years Involvement in the ownership of the Enterprise of black Participants in:  black Participants in Employee Ownership Schemes; 1 10%  black beneficiaries of Broad-Based Ownership Schemes; or  black participants in Cooperatives
  • 12. Ownership - QSE Ownership Indicator Weighting Compliance target points Voting Rights: •Exercisable Voting Rights in the Enterprise in the hands of Black people 6 25%+1 vote Economic Interest: •Economic Interest in the Enterprise to which Black people are entitled 9 25% Realisation points: •Ownership fulfilment points 1 Yes/No •Net equity points 9 25% Bonus points: •Involvement of black women 2 10% •Involvement in the ownership of the business by: 1 10% •Black participants in Employee Ownership Schemes •Black participants of Broad-Based ownership schemes •Black participants in co-ops
  • 13. Management Voting Rights in the hands of black-people using the Adjusted Recognition Bonus point for black independent directors
  • 14. Management - QSE Management Control Indicator Weighting Compliance target points •Black representation at top manager level 25 50.1% of top manager representation •BONUS: Black women representation as top managers 2 25%
  • 15. Employment Equity 40% subminimum applied Adjustment for Gender
  • 16. Employment Equity - QSE Employment Equity Indicator Weighting Compliance target points •Black employees in management, as a percentage of all 15 40% management, adjusted for gender •Black employees, as a percentage of all employees, adjusted for 10 60% gender •BONUS: Meeting or exceeding the EAP (economically active population) 2 in each indicator above (unadjusted)
  • 17. CONCLUSION Skills Development 2008 2009 Total Points 55.17 71.32 Level contribution 5 4 Expenditure on training of black people This level can be maintained , especially if the work on procurement and skills development is maintained. Black people participating Accredited learning programmes
  • 18.
  • 19. CONCLUSION Skills Development - QSE 2008 2009 Total Points Development Indicator Skills 55.17 Weighting 71.32 points Compliance target •AdjustedLevel Development spend on learning programmes for Skills contribution 5 4 25 2% black employees, as a percentage of the leviable amount This level can be maintained , especially if the work on procurement and skills development is maintained.
  • 20. CONCLUSION Procurement Compliance targets 2008 Years 0 - Years 6 - 2009 Criteria 5 10 Total Points 55.17 Weighting 71.32 points Level contribution 5 4 B-BBEE Procurement Spend 12 50% 70% from all Suppliers B-BBEE Procurement Spend 3 10% 15% from Qualifying Small This level can be maintained Enterprises or Exempted Micro- , especially if the work on procurement Enterprises B-BBEE skills development and Procurement Spend is maintained. 5 15% 20% from any of the following Suppliers: Suppliers that are 50% black owned Suppliers that are 30% black women owned
  • 21. CONCLUSION - QSE Procurement 2008 2009 Preferential Procurement Indicator Weighting Compliance target Total Points 55.17 71.32 points •BEE procurement spend from all suppliers, based on BEE 25 40% Level contribution 5 recognition levels, as a percentage of total measured spend 4 This level can be maintained , especially if the work on procurement and skills development is maintained.
  • 22. CONCLUSION Enterprise Development 2008 2009 Total Points 55.17 71.32 Level contribution 5 4 Criteria Weighting Compliance Points Target Average annual value of all 15 3% of NPAT Qualifying Contributions made by especially if the work on procurement This level can be maintained , the Measured Entity as a and skills development is maintained. percentage of the target.
  • 23.
  • 24. Enterprise Development CONCLUSION - QSE 2008 2009 Total Points 55.17 71.32 Level contribution 5 4 Criteria Weighting Compliance Points Target Average annual value of all 25 2% of NPAT Qualifying Contributions made by especially if the work on procurement This level can be maintained , the Measured Entity as a and skills development is maintained. percentage of the target.
  • 25. Socio-economic CONCLUSION Development 2008 2009 Total Points 55.17 71.32 Criteria Weighting Compliance Target Level contribution 5 Points 4 Average annual value of all Socio- 5% 1% of NPAT Economic Development Contributions and Qualifying This level can be Development , especially Socio-Economic maintained if the work on procurement Contributions made by the and skills development is maintained. Measured Entity as a percentage of the target.
  • 26. Socio-economic CONCLUSION Development - QSE 2008 2009 Total Points 55.17 71.32 Criteria Weighting Compliance Target Level contribution 5 Points 4 Average annual value of all Socio- 25 1% of NPAT Economic Development Contributions and Qualifying This level can be Development , especially Socio-Economic maintained if the work on procurement Contributions made by the and skills development is maintained. Measured Entity as a percentage of the target.
  • 29. EmpowerDEX Details Contact Person : Duncan de Groot : Regional Executive (W. Cape) E-Mail : duncan@empowerdex.com Cell : 082 410 6081 Tel : 021 419 5130 Fax : 021 419 5131 Physical Address: 14th Floor, Metropolitan Life Centre 7 Coen Steytler Avenue Cape Town
  • 30. Transforming Minds & Futures Details Contact Person : Chalwyn Vorster : Managing Director E-Mail : chalwyn@transformingminds.co.za Cell : 082 502 7111 Fax : 086 522 0019