SECTION 10 OF THE B-BBEE ACT

As per the B-BBEE Act, Section 10, Paragraph 1 – Status of Codes of Good Practice states the following:

1.      Every organ of state and public entity must apply any relevant code of good practice issued in terms of this Act in-

a) Determining qualification criteria for the issuing of licences, concessions or other authorisations in respect of economic activity in terms of any law;

b)   Developing and implementing a preferential procurement policy;

c)   Determining qualification criteria for the sale of state-owned enterprises;

d)   Developing criteria for entering into partnerships with the private sector; and

e)  Determining criteria for the awarding of incentives, grants and investment schemes in support of Broad Based Black Economic Empowerment.

As per the B-BBEE Act, Section 10, Paragraph 2 – Status of Codes of Good Practice states the following:

a)      The Minister may, after consultation with the relevant organ of state or public entity, exempt the organ of state or public entity from a requirement contained in subsection (1) or allow for deviation therefrom if particular objectively verifiable facts or circumstances applicable to the organ of state or public entity necessitate an exemption or deviation.

b)     The Minister must publish the notice of exemption or deviation in the Gazette

B-BBEE Strategy Services are available to Members to understand Section 10 of the B-BBEE Act. 

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