Mpho Sibanyoni |19th February 2024 Members of the public will be on tenterhooks as Finance Minister Enoch Godongwana delivers the last national budget speech before the upcoming elections expected to take place between May and August. Godongwana will need to answer simple questions on whether the ANC government will have the wherewithal to reduce the high youth unemployment. There are calls for Godongwana to use the speech on Wednesday to increase the R350 social relief distress grant and produce measures to create jobs. Others have proposed he should raise the value added tax by 0.5% to 14.5%, something that will put more pressure on low income households choked by high food prices. “[Godongwana should announce] a massive expansion of the Presidential Employment Stimulus to accommodate at least 1-million people by April and 2 million by November 2024, to help break the back of youth unemployment,” Cosatu acting spokesperson Matthew Parks told Sunday World. Parks also argued that raising the social relief distress grant will help beneficiaries to recover from the grant’s value that has been eroded over the years due to runaway inflation. Members of the public will be on tenterhooks as Finance Minister Enoch Godongwana delivers the last national budget speech before the upcoming elections expected to take place between May and August. Godongwana will need to answer simple questions on whether the ANC government will have the wherewithal to reduce the high youth unemployment. There are calls for Godongwana to use the speech on Wednesday to increase the R350 social relief distress grant and produce measures to create jobs. Others have proposed he should raise the value added tax by 0.5% to 14.5%, something that will put more pressure on low income households choked by high food prices. “[Godongwana should announce] a massive expansion of the Presidential Employment Stimulus to accommodate at least 1-million people by April and 2 million by November 2024, to help break the back of youth unemployment,” Cosatu acting spokesperson Matthew Parks told Sunday World. Parks also argued that raising the social relief distress grant will help beneficiaries to recover from the grant’s value that has been eroded over the years due to runaway inflation. Introduced in May 2020, the social relief grant is offered to SA citizens, refugees, asylum seekers and special permit holders aged between 18 and 60 years at a cost of R35-billion a year.  “There should be a massive injection of financial support for industrial, localisation and export programmes to boost our manufacturing sectors and jobs,” he said. Parks added there should be additional resources for key law enforcement organs to turn the tide against crime, corruption and tax evasion . “He should also announce a stabilisation package for local government, including the 36 municipalities routinely failing to pay staff and those struggling to provide quality municipal services.” Financial institution Investec predicted SA’s budget deficit to narrow to 5% of GDP in the financial year 2024/2025. “Gross debt has grown to 76% of the GDP and is projected to climb to 78% over the next three years,” said the bank.  Black Business Council chief executive Kganki Matabane said Godongwana should prioritise economic growth and job creation. “The budget should be a step to fund interventions that will attempt to deal decisively with the 75% of youth unemployment. Youth unemployment is the single most significant threat to our democratic project. “We have raised the issue of funding of small businesses, black businesses, women businesses and businesses owned by people living with disabilities. They will then create employment but also contribute to the fiscus in the form of taxes.” He said it would be a bad idea to raise VAT. “Businesses and individuals are still trying to recover from the negative impact of Covid-19 and other challenges. Increasing VAT may not be an ideal preferred solution,” he said. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://sundayworld.co.za/news/youth-unemployment-is-top-priority/

Partner | 19 February 2024 With the 2024 budget set to be tabled this month, speculation is beginning to mount. We have valuable clues from November’s Medium-Term Budget Policy Statement, which showed lacklustre economic growth and a gross revenue gap of R56.8 billion. The two are closely interlinked—if the economy is misfiring, the government will have less money to fund its programmes, which will either have to be curtailed or borrowing will have to increase. Lack of economic growth ties the finance minister’s hands. Of course, the solution is for the economy to start growing strongly again, creating jobs and so generating tax revenues. How that’s done is often highly contested, but most economists across the world would agree that a key component is a strong SMME sector. For example, in Organisation of Economic Cooperation and Development (OECD) countries, SMMEs are responsible for 60-70% of employment and contribute up to 60% of gross domestic product (GDP). In South Africa, though, small enterprises only provide 28% of the jobs. “Here’s one answer to our fiscal woes: if we can only get the country’s SMMEs to perform better, as the National Development Plan hoped, many of the budget challenges we currently face could be solved,” says Lunga Siyo, CEO, Telkom Consumer and Small Business. He explains that Telkom Business believes so strongly in the potential of the SMME market it has developed solutions to help this vital sector begin realising its potential this year. The backbone of Telkom Business’s offering is an affordable and reliable connectivity solution tailored for SMMEs. Connectivity enables SMMEs to access information and services cost-effectively via the cloud, enabling them to improve their value proposition, while digital platforms provide ways to reach out to new market segments and interact directly with customers and business partners. There are many options suitable for SMMEs available. In addition, Telkom Business offers other basic services that make it easier for SMMEs to get online easily and safely. A key service is cybersecurity, which is highly specialised but essential. Access to alternate power is another way Telkom Business is serving the country’s vital SMMEs. “The South African e-commerce market is worth around R225 billion, and yet only 20% of SMMEs use e-commerce regularly—that’s a massive untapped opportunity for the taking,” Siyo says. “Based on our extensive in-house customer research, Telkom Business has created a comprehensive offering that makes it easy for SMMEs to enter the e-commerce space.” These offerings include the free use of YEP!, the Yellow Pages reinvented for the Digital Age, as well as a range of software-as-a-service offerings aimed at helping SMMEs achieve operational excellence. YEP! is complemented by Blaze, a dedicated digital platform that aggregates all the content relevant to SMMEs and their success—events, master classes, podcasts and so on. The right technology and connective solutions can help SMMEs lower costs, acquire customers more cheaply, access resources and streamline their business processes. In fact, smart use of technology means that SMMEs can disrupt established industries by adopting models that put the customer first. “SMMEs are vital to our economy’s future growth—and to succeed, they need to be able to take full advantage of the opportunities inherent in digitalisation,” Siyo concludes. “The trouble is that full digital transformation is complex, and SMMEs are often badly placed to make the transition. That’s the thinking behind the tools and support we at Telkom Business have created, and are continually augmenting.” “If business is a race, we aim to be the SMME’s trainer and track shoes.” ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://businesstech.co.za/news/industry-news/752981/the-hidden-key-to-the-budget/

Yolandé Stander | 19 February 2024 PLETTENBERG BAY NEWS - Bitou Municipality has launched an initiative to mitigate unemployment and inadequate skill levels among the youth. Last week, the municipality sent 45 of its employees to pursue an advanced diploma in public administration and an additional 10 employees to enrol for a higher certificate in economic development at the University of the Western Cape (UWC). Illustrating its dedication to gender equality, 21 of the officials participating in the skills development initiative are male and 24 female. "This step follows a Bitou Municipal Council decision on 30 June 2022, to approve the municipality's Education, Training, and Development Policy," the Bitou municipal communication team said. The policy aligns with key South African legislation and frameworks, including the South African Qualifications Authority (Saqa), the National Qualifications Framework (NQF), and the National Skills Development Strategy 3. During the send-off to Cape Town, new Bitou Mayor Claude Terblanche, who is also participating in the programme, encouraged the staff to work hard and use the opportunity to elevate themselves. He also praised Bitou Municipal Manager Mbulelo Memani for his focus on skills development. "Even when I was still a merchandiser, some of my friends were already working with him and they had also benefited," Terblanche said. "The world is changing and it's important to have skills so that you can still stand tall in the face of a rapidly evolving global and technological landscape." He noted that service delivery should not be hampered by them taking on the extra workload. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://www.knysnaplettherald.com/News/Article/Politics/bitou-embarks-on-skills-development-initiative-for-youth-202402160446

Adv Jan Munnik | 22 February 2024 Draft Employment Equity (‘EE’) Regulations (‘the 1 February Draft EE Regulations’) setting out revised Sector Targets, were published by the Department of Employment and Labour (‘DEL’) on 1 February 2024 in preparation for the commencement of Section 15A of the Employment Equity Amendment Act No 4 of 2022 (‘the Amendment Act’) Section 15A of the Amendment Act provides for the introduction of Sector Targets with which Designated Employers (those > 50 employees) will have to comply in setting their EE Goals. Setor Targets are being introduced by the DEL to increase the pace of transformation, and to counter the existing practice on the part of some employers of setting low EE Goals[1]. Salient features of the 1 February Draft EE Regulations are: The subject matter of the Sector Targets has been changed from ‘Black’ to ‘Designated Groups’ i.e., ‘Designated Groups Male’, ‘Designated Groups Female’ and ‘Designated Groups Total’ as opposed to the previous ‘Black Male’, ‘Black Female’ and ‘Black Total’ Targets. There are no longer targets for African, Coloured or Indian Males or Females. Instead, Designated Employers are required to take ‘the applicable EAP’ into account when setting their ‘annual EE Targets’. Except for the Financial and Insurance Activities Sector, where a mistake was corrected, the Targets themselves (and those for the Male and Female target groups) did not change, despite all the well-motivated objections received to them from numerous employer organisations who submitted their comments on the regulations to the DEL. The provision of factors and/or criteria that need to be taken into account when: Setting of 5-Year Sectoral Numerical Targets (sic); and Preparing (which by definition includes the setting of Goals), and implementing an employment equity plan, reporting and compliance analysis of affirmative action in any workplace. No changes were made to the EAP to be used by Designated Employers with a National footprint in setting EE Goals. The provision of justifiable reasonable grounds that can be raised by Designated Employers and/or taken into consideration for not complying with EE Goals set pursuant to the targets. The forbidding of certain consequences arising from the implementation of AA Measures. I deal with the last four bullets below. 1. Setting of 5-Year Sectoral Numerical Targets The factors that need to be take into account by designated employers when setting their Numerical Goals are, inter alia: Their workforce profile (and the extent to which suitably qualified people from the different designated groups are equitably represented within each occupational level in the employers’ workforce in relation to the demographic profile of the National and Regional/Provincial Economically Active Population (EAP)). The relevant 5-year sectoral numerical targets. The applicable EAP. That employers will be measured against the annual targets set towards meeting the ‘relevant 5-year sectoral numerical targets’[2]. That employers should not set (higher?) targets for those groups whose representation has already exceeded their EAP in a particular occupational level. Where a designated employer has exceeded the set numerical target of a particular racial/gender group at an occupational level, such an employer may not regress in that particular racial/gender group but should set targets towards the EAP. 2. Preparing and implementing an employment equity plan, reporting and compliance analysis Criteria relevant to the setting of Goals (and their implementation), which employers are required to take into account, are: The pool of suitably qualified persons in the relevant Occupational Level. The rate of turn-over and natural attrition within a workplace (it is assumed in the Occupational Level in which EE Goals are being set). Criteria relevant to the implementing an employment equity plan, reporting and compliance analysis of affirmative action in any workplace are the: Inherent requirements of the job, Qualification, skills, experience and the capacity to acquire, within a reasonable timeframe, the ability to do the job; and Recruitment and promotional trends within a workplace. 3. No changes made to the EAP to be used by Designated Employers with a National footprint in setting EE Goals With regard to the EAP, the regulations again require that designated employers conducting their business/operations nationally use the National EAP, and that those conducting their business provincially, that province’s EAP. Although the wording is confusing it appears that designated employers conducting their business/operations nationally may instead choose to use the EAP of the province with the most employees.  However, they cannot use more than one EAP in the setting of their Goals. 4. Justifiable Reasonable Grounds for not achieving targets These may include: Insufficient recruitment opportunities. Insufficient promotion opportunities. Insufficient target individuals from the designated groups with the relevant qualification, skills and experience. CCMA awards/Court Order. Transfer of business. Mergers/Acquisitions. Impact on business economic circumstances. 5. The forbidding of certain consequences arising from the implementation of Sector Targets These are that: No absolute barrier may be placed upon any employment practices affecting any persons (as per Section 15(4) of the EE Act). No employment termination of any kind may be affected as a consequence of affirmative Action. Conclusion The DEL has not, except for one Sector, changed any of the Sectors Targets, or expanded the Sectors to include Sub-Sectors, as requested by numerous employer organisations in their well-motivated written submission in response to the Draft Regulations published on 12 May 2023. It has, however, introduced regulations relevant to the setting of Goals and their implementation which appear to have opened the door to the setting of EE Goals that are achievable, and do not necessarily comply strictly with a Designated Employer’s Sector’s Targets, be it for both Males and Females, or its Male or Female Targets. I am of the view that if this is indeed the case, such pragmatic approach by the DEL is likely to result in a much earlier implementation of Sector Targets than would otherwise have been the case. The opposition to the present proposed Sector Targets and call for the inclusion of Sub-Sectors with their own targets to cater for the differences in their workforce profiles and Male:Female ratios by Employer Organisations, is likely to be withdrawn in such event. I will be dealing with the following aspects in subsequent articles on the 1 February Draft EE Regulations: Why the change from ‘Black’ to ‘Designated Groups’ Targets in the 1 February Draft EE Regulations is ill-conceived and should be reversed. The positive impact of the Agreement between Solidarity and the DEL on Sector Target EE Goal setting and implementation in the 1 February Draft EE Regulations. Why the provisions in the 1 February Draft EE Regulations with regard to the usage of National or Provincial EAP is unlawful. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://www.polity.org.za/article/overview-of-the-draft-employment-equity-regulations-published-on-1-february-2024-2024-02-22

Engineering News | 22 February 2024 The IWD 2024 theme to ‘Inspire Inclusion’ aims to create a gender-equal world that is free of bias, stereotypes, and discrimination. In celebration of International Women’s Day (IWD)  on 8 March, Bühler Johannesburg recognises the social, economic, cultural, and related achievements of women, while advocating for gender equality, by highlighting three exceptional women at the company. The theme for IWD 2024 is to ‘Inspire Inclusion’. The campaign aims to create a gender-equal world that is free of bias, stereotypes, and discrimination, and where difference is valued and celebrated. It encourages everyone to celebrate women’s achievements, raise awareness about discrimination, and take action to drive gender parity. Alice Nchabang, HR Officer An example of how women have forged successful career paths at Bühler Johannesburg is HR Officer Alice Nchabang, one of the company’s learners and now part of a team of six. Her diverse duties range from preparing monthly HR reports for management, to developing a skills plan involving all stakeholders, to monitoring apprentices and learners, and monthly reporting of employment equity statistics. What keeps Alice passionate about her role is that it feels like home and not being at work. “The work culture is amazing, and we accord each other mutual respect, whether male or female. I love the work I do. It comes with a lot of changes and challenges, which I enjoy even more. Going above and beyond my duties does not feel forced or an additional burden – I simply enjoy it.” Her career highlights to date were her appointment as HR Officer in March 2023 and travelling to Dubai for HR training. She started working at Bühler Johannesburg in October 2015 as a HR learner, progressing to HR Administrator/Payroll Administrator in 2017. In January 2018, she was appointed permanently, followed by her present role. Commenting on how Bühler Johannesburg promotes diversity and inclusivity, Alice explains that, when any new employee is appointed, the company looks at who is best suited for the position in question, irrespective of race or gender.  “We also host events just to educate our employees,” adds Alice. Focusing on the 2024 IWD theme of #InspireInclusion, she says: “I love the idea. As women, we need to be respected and be able to embrace ourselves, our identities, abilities and much more. I fully support the initiative.” In terms of changes Alice would like to see in society and in the workplace to make the IWD 2024 theme a lived reality, she highlights soft skills, having a clear and aligned skills and development plan at the company, more workplace benefits, and a continued focus on inclusion and diversity. Fikile Mfusi, Production Planner A production planner for the value stream department, Fikile Mfusi schedules production and monitors the production process for problems, ensuring that the workshop meets all deadlines by scheduling and managing timeliness. “I am self-motivated and career-driven, doing what makes me happy. What excites me about my work is that I am the first female production planner here in Bühler Johannesburg, combined with the support I receive from my male colleagues,” highlights Fikile, who started out as a boilermaker apprentice. “It was not an easy journey, but with the support of my family and my foreman, I became a qualified boilermaker artisan.” Fikile adds that Bühler Johannesburg is steadily employing more women in the company, especially in traditional male-dominated roles. It also hosts a career expo to promote the benefit of STEM education and careers to the youth. “Nothing is impossible when you have a dream. A lot of people will tell you that you cannot make it and you do not have what it takes. But if it is in your heart and you feel it, there is nothing that will stop you.” Fikile’s message on the occasion of IWD 2024 is for young people to have the courage to think differently, the courage to invent, to travel the unexplored path, the courage to discover the impossible, to conquer problems, and always succeed. “These are great qualities that they must work towards. Remember, it always seems impossible until it is done.” Jaimee Woods, Installation Supervisor Jaimee Woods is the first female mechanical erector and mechanical site supervisor in Bühler globally. She started her career as a boilermaker apprentice for Bühler. The company saw her potential and afforded her the necessary opportunity to actualise it. “The tank is not yet empty, and I still have a journey to travel.” Jaimee leads the teams that install Bühler equipment, combined with fault-finding activity where necessary. Her role encompasses planning, assisting with electrical drawings, and plant layout design in the mechanical engineering department. “Over the years I have worked at Bühler Johannesburg, I have taken the time to invest in learning and developing skills that allow me to assist in multiple roles. Hence my profile has become highly diversified,” explains Jaimee. “If I look at myself as just being human as opposed to being a woman, it makes all the difference in how I react and respond. When a task is allocated to me, it indicates a level of trust and faith in the skills I have to offer. I choose to see myself as a person wanting to make a difference and an impact; I choose not to see myself as what society labels me as. To make a difference and an impact, I must break barriers that seem impossible to break. This is what drives me and keeps me excited about what is next in line,” says Jaimee. Bühler Johannesburg provides equal opportunities to all. “It is not solely about gender; it is about what you can do, what you can offer, and how far you are willing to go.” Learnerships and apprenticeships at the company always feature a healthy demographic. “There is a lot of work we have to do as women working in this industry to encourage other women to part take in engineering and manufacturing as engineers, technicians, and artisans,” she concludes. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://www.engineeringnews.co.za/print-version/bhler-johannesburg-celebrates-international-womens-day-2024-02-22

Emmarentia Booysen | 20 February 2024 Emmarentia Booysen, National Skills and Business Development Manager for CTU Training Solutions, has been in the industry for over 25 years and is well-placed to highlight trends in the rapidly evolving skills development sector. Booysen is taking the vast store of knowledge that she’s built up over the years in the skills development environment and putting it to good use at CTU Training Solutions. “Not only do we have to stay abreast of the latest developments, but we also have to ensure that our programs are promoted to existing and potential new clients.” Booysen ensures that CTU’s skills development programs reflect the growth and changes that occur in the South African skills development environment. She assists in designing curricula, registering programs for skills development and assisting with accreditations to run certification programs. She is based at the training provider’s Western Cape campus and is quick to highlight that it’s not just a student campus. “We assist businesses with learnerships, internships, skills development, short courses and vendor-specific programs. We’re able to provide programs to upskill their staff or unemployed youth, which adds to their B-BBEE scorecard and enables them to claim VAT rebates. We also consider how to incorporate legacy qualifications in the skills development environment to assist clients in running successful programs.” Evolving skills development trends In South Africa’s learning and development sector, one of the biggest challenges is balancing socioeconomic factors with evolving industry demands. “This requires a balanced understanding of how digital transformation, B-BBEE compliance and industry-specific training needs influence learning and development strategies,” says Booysen. She highlights five current trends that are impacting how skills development programs are rolled out: Learners must be provided with personalised, meaningful and supportive learning experiences. Less focus on authority and more on insight, values, personal accountability and action. AI-based and adaptive learning that includes AI coaching, data-driven learning analytics and adaptive learning platforms. Continuous learning to stay relevant and competitive. Soft skills development. The landscape of skills development is evolving rapidly, driven by the fast pace of technological advancements, changing work environments and global mega trends. Businesses must prepare their workforce for these changes. First and foremost, human skills are taking centre stage, says Booysen. “Organisations are increasingly recognising the importance of human skills alongside technical competencies. These include curiosity, insight, empathy and resilience. The latter quality plays a critical role in problem-solving, allowing us to navigate obstacles and find alternative solutions.” Then there’s increasing focus on personalisation and transferable skills, where learning and reskilling approaches are shifting from one-size-fits-all to personalised experiences. “Organisations want to develop transferable skills that enhance professional resilience and adaptability. Skills like emotional intelligence, collaboration and critical thinking are relevant across roles and industries.” Finally there’s digital transformation across all industries and sectors, together with industry-specific training. “South Africa faces unique challenges in learning and development. Factors like digital transformation, B-BBEE compliance and industry-specific needs impact learning and development strategies.” While the onus is on businesses to ready their own workforces for these changes, it also places pressure on the training provider. Booysen says challenges faced by both business and training providers include aligning learning programs to business goals; upskilling employees and the unemployed communities; creating a culture of learning; and improving employee retention by making people more employable. Her single best piece of advice for businesses to overcome these challenges is to partner with a training provider that is knowledgeable about the trends, challenges and constant changes in the skills development space. “Your training provider should be able to assist with assessing the skills gaps within your business, planning and actioning learning interventions, and creating an exceptional learning experience for the learners, ensuring a stronger, more knowledgeable and employable workforce.” Skills for sectors Booysen says certain skillsets overlap regardless of industry or sector. She goes on to list skills that cut across all industries and sectors: Management and leadership skills: Effective management and leadership are essential in all sectors. This includes skills such as leading a team, making strategic decisions or ensuring efficient operations. Technical proficiency: Industries such as engineering, IT and manufacturing demand technical expertise. Skills like programming, data analysis and process optimisation are valuable across the board. Communication skills: Clear communication is crucial in any workplace. Whether it’s conveying ideas, collaborating with colleagues or interacting with clients, strong communication skills are universally beneficial. Customer service: Regardless of the industry, providing excellent customer service is vital to any business. Adaptability and problem-solving: Employees who can adapt, think critically and solve problems creatively thrive in any setting. All of these skills and more are covered by CTU Training Solutions’ arsenal. “We offer career-focused qualifications, short courses and international certifications. IT skills gaps – such as those required around AI and the 4IR – can be bridged with learnerships,” concludes Booysen. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’ https://www.itweb.co.za/article/staying-abreast-of-skills-development-trends/lwrKx73YwzPqmg1o

Israel Ojoko | 25 February 2024 Delve into the implications of Judge Motha's inquiry on racial diversity within South Africa's legal profession, challenging the status quo and calling for meaningful change towards inclusivity. Imagine stepping into a courtroom where the matter at hand delves deep into the heart of black economic empowerment, only to find the legal team assembled before you strikingly homogeneous, missing the very representation it seeks to address. This scenario, unfolding at the Pretoria High Court, caught the discerning eye of Judge Mandlenkosi Motha, sparking a critical conversation on racial diversity within the legal profession in South Africa. In a case centered around the pivotal issue of black economic empowerment, the absence of any black lawyers among the four white advocates representing the case prompted Judge Motha to demand an explanation, a move that echoes far beyond the courtroom walls. The Inquiry That Stirred the Pot Through a simple yet profound email inquiry, Judge Motha not only questioned the composition of the legal team but also spotlighted the broader issue of racial inclusivity in the legal field. This action, as reported by City Press, underscores a lingering disconnect between the principles of black economic empowerment and the real-world practices within one of the country's most esteemed professions. The case, inherently tied to addressing racial and economic disparities, found its integrity questioned by the very makeup of its advocates. A Mirror to the Legal Profession The response to Judge Motha's query is yet to unfold, but the implications of his action reverberate deeply. It serves as a mirror, reflecting the challenges and progress—or lack thereof—towards achieving racial diversity within South Africa's legal profession. The legal field, renowned for its role in upholding justice and equality, is now under the microscope, challenged to reassess its commitment to these very principles in its ranks. This incident, while isolated, is emblematic of the systemic barriers that persist, hindering the full realization of inclusivity and representation. Looking Ahead: The Path to Inclusivity The conversation ignited by Judge Motha's email is not just about the composition of a legal team in a single case. It is a call to action for the entire legal community and beyond. As South Africa continues to navigate the complexities of racial equality and economic empowerment, the legal profession's role in embodying these principles becomes increasingly paramount. The challenge laid forth by Judge Motha is not merely a question of diversity for appearance's sake; it is an imperative to align practice with principle, ensuring that the legal teams tasked with addressing issues of racial disparity truly reflect the diversity of the society they serve. The unfolding response to this scenario will be telling of the legal profession's readiness to confront and rectify imbalances within its ranks. It is a pivotal moment that may well define the path towards genuine inclusivity and representation in one of society's cornerstone professions. As the legal community reflects on Judge Motha's probing inquiry, it stands at a crossroads, with the power to reinforce the status quo or to embrace change, paving the way for a more equitable and representative legal system in South Africa. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://bnnbreaking.com/world/south-africa/pretoria-high-court-judge-challenges-lack-of-diversity-in-legal-team-on-black-empowerment-case

Staff Reporter | 25 February 2024 Higher Education and Training, Science and Technology Minister Blade Nzimande will officially launch the Motheo TVET College National Artisan Development Academy (NADA) in Bloemfontein on March 1. This is the second NADA campus, after the the launch of the first of its kind in Bloemfontein in April 2022. According to the college’s communications officer, Lame Morubane, the artisan academy is funded by the Services Sector Education and Training Authority (SETA) board, with an injection of R450 million to bring the vision to life. A construction site was handed over to the college in October 2015. “This marked the beginning of a transformative journey for countless aspiring artisans,” Morubane said. Construction of the first NADA campus began at the start of 2019, and was set to be completed in June of the same year. However, there were project delays and Covid-19 and the college was launched three years later. It began fully operating in June 2022. The academy aims to produce 30 000 qualified artisans per year by 2030, in accordance with the National Development Plan (NDP) and National Skills Development Strategy. Morubane explained that the college plans to produce more than 300 artisans per year from 2026. In total, 360 apprentices were produced last year, and this year the school aims to produce 720 apprentices. It wants to produce 1080 apprentices in 2025. “From 2025, the artisan academy aims to produce a significant number of qualified artisans. Based on an average pass rate of 70% for the apprentices, it is estimated that 252 artisans will be produced per year from the academy alone, but this number is expected to increase to more than 300 artisans per year from 2026 onwards,” he said. Nzimande, during an address in 2022, highlighted that artisanal skills are quite rare and crucial. Therefore, he noted, the country needs at least 60% of school leavers to pursue artisanal training for youth employment and economic growth. In addition, he said the government’s NDP and White Paper for Post-Education and Training states that South Africa should produce 30 000 artisans per year by 2030. Morubane told The Star that the academy offers various artisanal training programmes such as operational certificates for welders, boilermakers, bricklayers and plumbers, among other programmes. The institution provides three workshop buildings, each with 12 workshops and trade test centres for various skills. In addition, there are 16 computer labs, a classroom with a 780 seating capacity, hostels and matrons’ houses, a kitchen and a dining hall with a 502 seating capacity, a multi-purpose hall and admin offices, he said. The school also has student accommodation with 372 beds. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://www.iol.co.za/the-star/news/bloemfontein-tvet-college-launches-second-artisan-academy-campus-2ef024df-b9af-4ab2-9b9c-459e65bcca81

Zolani Sinxo | 23 February 2024 Cape Town - The Department of Forestry, Fisheries and the Environment (DFFE) has disputed claims by EFF MP Nazier Paulsen that coloureds and black Africans were under-represented in the fishing sector. Paulsen said the sector had always been a major economic activity of the coloured community, and that since democracy, coloureds and black Africans were increasingly denied access to the ocean. The department said not only was Paulsen’s claim untrue, “but it is a gross abuse of parliamentary privilege and represents political grandstanding of the worst kind”. It said medium- and long-term rights allocations in the commercial fishing sectors achieved significant transformation, measured in terms of black ownership of total allowable catch (TAC) and total allowable effort (TAE). “It is worth highlighting, for instance, that the average black shareholding in the West Coast Rock Lobster Nearshore Fishery is 93.13%; the West Coast Rock Lobster Offshore Fishery is 90.73%; the Hake Inshore Trawl is 89.60%; the Large Pelagics is 74.20%; the Horse Mackerel is 84.49%; and the Patagonian Toothfish is 69.17%,” the department said. Paulsen said the department had to quantify the value of quotas given in the fishing rights allocation process (FRAP) for commercial fishing companies compared with small-scale fishers. “The size that is shared among small-scale fishermen pales in comparison with what is given to commercial fishing companies. “The small-scale is nothing more than a ploy to exclude coloured and African fishers from building viable fishing companies that will contest for space against existing commercial fishing companies,” said Paulsen. He asked for the total allocation for black people compared with those for whites. “Giving us percentages of participants is another smokescreen. “We must know the size of TAC given to black people compared to white people,” Paulsen said. The department said percentages of black African and coloured ownership and shareholding, as well as those for women and persons with disabilities, improved significantly since fishing rights were first allocated in 2005. According to a study by the DFFE, the percentage and total number of declared small-scale fishers per ethnic group that participated in the study showed that for the Western Cape, the majority of small-scale fishers in the province were made up of 70% coloureds, followed by 25% black fishers. “The remaining marginal ethnic groups, according to the figure above, are white and ‘other’ that constitute 3% and 2%, respectively. The figure above does not further define ‘other’.” The Masifundise Development Trust, a civil society organisation within the small-scale fishing sector, asked to reserve their comments on the matter. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://www.iol.co.za/capeargus/news/dffe-clashes-with-eff-mp-nazier-paulsen-over-transformation-in-fishing-sector-b1e21e77-917c-473a-9b49-566685a18cd1

Loyiso Sidimba | 25 February 2024 EXPERIENCED business executive Zibusiso Kganyago, the SA Reserve Bank governor Lesetja Kganyago’s wife, is demanding substantial redress from Tsogo Sun for unfairly discriminating against her on the basis of gender and race in its compensation scheme. At the centre of the dispute between Kganyago and Africa's biggest casino operator is the company’s decision to pay other executives sizeable amounts of money when they left, while she never received the same treatment despite serving with them in its group executive committee (GEC). Kganyago, who was Tsogo Sun's group development director until December 2020, has complained that her former white male colleagues who were retired due to the impact of Covid-19 received millions of rand and were rewarded handsomely for their service, unlike her. She is now the executive responsible for Pareto Housing, whose parent company, retail investment fund Pareto Limited, owns shopping malls across the country such as Sandton City, Menlyn Park, Cresta, Pavilion, Tyger Valley and Mimosa. The Tsogo Sun Casino Management Company terminated Kganyago’s employment in December 2020 in terms of the Labour Relations Act (LRA), which determines the process to be followed when employers with more than 50 employees dismiss a part of their workforce based on operational requirements. She then referred a dispute concerning whether there was a fair reason for the dismissal to the Labour Court as provided for in the LRA. Kganyago told the Labour Court that Tsogo Sun’s conduct was grossly unfair and rendered her retrenchment substantively unfair, as set out in the LRA. She maintained that she was unfairly discriminated against by Tsogo Sun by not being afforded the benefit of participation in a special share loan scheme and the payment of ex gratia payments. According to Kganyago, Tsogo Sun Gaming Limited employed a number of senior executives who carried on the business of the Tsogo Sun Group. Tsogo Sun Casino Management Company is a wholly owned subsidiary of Tsogo Sun Gaming Limited and Kganyago was employed by both. She said that between 2014 and 2019 she was among a number of senior executives where members of the Tsogo Sun GEC and one of only two black women executives, with the other being Laurelle MacDonald, the current chief financial officer (CFO) of Southern Sun (formerly Tsogo Sun Hotels). Kganyago, who joined Tsogo Sun in January 1997, also sat on boards of several of its subsidiaries and by virtue of being a GEC member and the subsidiaries’ board member she carried responsibilities and enjoyed a status similar to those of other senior executives employed within the group, including others who were also GEC members. Her fellow senior executives consistently enjoyed generous standards of terms and conditions of employment and entitlement and benefits on termination of employment (on a no-fault basis) they received generous ex gratia payments. Tsogo Sun Gaming Limited paid the ex gratia payments in addition to other retrenchment and resignation entitlements and benefits received on termination of employment and these were made as part of the companies’ consistent practice for senior executives. The company’s policy was that interest free loans were repayable upon the realisation of shares or on termination of employment but Tsogo Sun Gaming Limited and Tsogo Sun Casino Management Company extended a special dispensation to former CFO Rob Huddy and erstwhile group legal director and company secretary Graham Tyrrell. Huddy and Tyrrell got a deal extending the date for repayment of the interest-free loans, determining that if at the time of their loans’ maturity and the shares were still trading below the price at which the two acquired them, Tsogo Sun Gaming Limited would consider a further extension of the duration of the interest-free loans or write them off. Former Tsogo Sun chief executive Jacques Booysen, who retired on June 30, 2019, was granted an extension to dispose of his shares and repay his interest-free loan in September 2022. Kganyago explained that Huddy, Tyrrell and Booysen all received ex gratia payments and benefited from the special share participation scheme as Tsogo Sun Group executives. They belonged to the category which enjoyed generous standards of terms and conditions of employment and entitlement and benefits on termination of employment (on a no-fault basis). Tsogo Sun’s financial statements from the period of the executives’ departure show that in 2014 the company made available an executive facility for the sole purpose of acquiring shares in the company at R25.75 a share. Booysen was granted R47 million, Huddy received R27m while former group human resources director Vusi Dlamini and Tyrrell each received R20m. Huddy and Tyrrell resigned on July 31 and February 28, 2020, respectively. Despite her request for an ex gratia payment on termination of her employment commensurate with her status as a senior executive as was received by other employees who fell within the category of senior executives, Tsogo Sun Casino Management Company and Tsogo Sun Gaming Limited refused to do so. Kganyago argued that Tsogo Sun Gaming Limited’s refusal to treat her on the same basis as the other senior executives who fell within the same category as she did constituted conduct relating to the remuneration and employment benefits of an employee that was irrational and incapable of reasonable explanation, offended her dignity and constituted unfair discrimination on the ground of her race and gender as contemplated in the Employment Equity Act. At the Labour Court, Tsogo Sun Casino Management Company and Tsogo Sun Gaming Limited have stated that Kganyago’s belated introduction of the latter coupled with the allegations that both companies employed her appear to have been made in order to attempt to support her legal claims of unfair dismissal and unfair discrimination but were not based on facts that she could prove in evidence. The matter is still awaiting a trial date, and, Kganyago's lawyer, Mira Briel of Harris Nupen Molebatsi Inc, was unable to indicate when the trial would be. “At this stage pleadings have not yet closed so there is some way to go before a date is applied for and allocated,” she told the Sunday Independent. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://www.iol.co.za/sundayindependent/news/reserve-bank-governors-wife-fights-casino-groups-gender-racial-discrimination-0756f614-0768-4348-a11a-3df23aab7c63

Edge Growth | 26 February 2024 For small business development specialist, Edge Growth, the recent Investing in Africa Mining Indaba in Cape Town proved an invaluable opportunity to further entrench the important role they play in developing SMEs, also increasingly within the mining sector. Mining is becoming an important player given commodity price booms coupled with host community pressures. Benefiting host communities within the mining sector has long been a priority for the industry. When employment opportunities are not created within these communities and they do not stand to benefit from the mining operation, a mine’s social license to operate is at risk. Edge Growth are managing to step in and assist these mining companies to use Enterprise and Supplier Development (ESD) as the basis for fostering sustainable, thriving communities beyond the life of the mine. With successful existing collaborations with the likes of Royal Bafokeng Holdings, Gold Fields and other major mining houses, Edge Growth saw this deal sourcing and corporate matchmaking event for the mining industry as an ideal platform to grow their footprint and to learn more about the needs of this crucial sector. Noluvo Nela, Edge Growth investment principal and Edge Action fund owner, says that besides interacting with existing and potential funders, the Investing in Africa Mining Indaba reinforced the important role that Edge Growth and other specialists in SME development play in helping corporates to maintain their social license, while aiding the creation of thriving communities through job creation and SME empowerment. Nela adds that the Indaba provided valuable insight into the types of SMEs that are looking for funding, as well as the opportunity to build relationships with small businesses that are already fully operational and meet the mandate requirements for their existing mining portfolios. Another key insight were the challenges of those SMEs working within the somewhat stagnant platinum sector, compared to the current business opportunities for those servicing the gold mining sector. Nabeela Vally, head of business development at Edge Growth, says that while the Indaba provides the opportunity for role-players to engage with senior decision-makers within the mining sector, a strong theme from this year’s event were the many conversations around the needs of communities, as well as the importance of empowering women within mining. “This is where the world of Edge Growth and the mining sector really align and reinforces the relevance of the work that we do,” says Vally. “Forward-looking macroeconomic trends are indicating contraction within a number of commodities which impacts the degree of support to host communities. This puts added pressure on mines to maintain their commitments in order to retain social licence to operate, thus working with the right partners becomes vital. Edge addresses this risk using holistic support which includes getting SMEs investment ready and providing them with affordable, more accessible funding. Enabling SMEs to ignite job creation in host communities more sustainably.” With their primary objective being to attract new investors for Edge Growth’s funding offerings amongst the major mining houses and corporates within the industry, what resulted was reinforcing the relevance of focused SME development through experienced service providers and the benefits that an impactful SME development approach is having for mining companies and communities alike. Edge Growth is a leading SME and venture fund manager, specialising in developing small businesses and creating jobs and real transformation by connecting corporates and entrepreneurs, growing SMEs by addressing their key constraints: access to finance, markets and skills. The Edge Action ESD Fund was established in 2011 and is Edge Growth’s in-house enterprise and supplier development fund, providing effective ESD solutions, maximising socio-economic impact through responsible investment and ensuring B-BBEE code compliance. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://www.bizcommunity.com/PressOffice/PressRelease.aspx?i=326363&ai=246327

Darren Parker | 27 February 2024 The Energy and Water Sector Education and Training Authority (Ewseta) has said it cannot accurately determine critical skills needs in the sector because industry participants do not accurately report their skills demands. In a media briefing, in Johannesburg, on February 27, Ewseta CEO Mpho Mookapele revealed that, of the 3 106 South African energy and water companies coded to the Ewseta in the 2022/23 financial year, only 1 028 paid their skills development levies as required under the Skills Development Act, while only 202 submitted their workplace skills plans (WSPs) and annual training reports (ATRs). The submission of WSPs and ATRs is a core component of the skills development priority element on a company’s black economic empowerment (BEE) scorecard. However, Mookapele noted that companies should submit this information to help ensure the right skills are developed for the industry, rather than merely for BEE certification purposes. “Many see the critical skills list and don't agree with it. Industry doesn't agree with it, but guess what? I get it from them,” Mookapele said. She said the aim each year was to develop a credible mechanism for determining the most critical skills and hard-to-fill vacancies, but that a lack of meaningful participation from industry was undermining that process. “Every year we ask: What are you struggling with? What are the critical skills that are required to drive strategy? And they tell me PowerPoint skills, software development, presentation skills, or project management. Yet the sector is fighting for modellers, but you won't see financial modelling as a skill that's required,” Mookapele illustrated. She noted that independent power producers were experiencing poaching challenges, with skilled personnel moving between different companies owing to high skills demand. “But we will never see that on the information submitted to us. That information informs the critical skills list,” Mookapele said, saying that the industry was to blame for failing to submit the relevant information. However, human resources service provider Grok Consulting operations director Thornton van Wyngaardt noted that many companies failed to submit their WSPs and ATRs because they did not have a certified skills development facilitator (SDF) to do it for them, as was required by law. “There is a lack of knowledge throughout many different sectors, not just the energy and water sector, that SDFs are needed for these submissions,” he said. In addition, the perception that many companies had was that the submission process was a heavy administrative burden, and therefore viewed it as a begrudging exercise in compliance. However, he noted that this perception was unfounded, as the submission was handled by the SDF. “The fact is that companies that support their SDFs in fulfilling the submissions accurately not only benefit from being compliant, and the receival of BEE points and skills development funding, but they also benefit from the development of the right critical skills needed within their sector, thereby encouraging economic growth,” he told Engineering News . He noted that SDF-supported WSP and ATR submissions helped to ensure the long-term sustainability of entire sectors because they provided sector education and training authorities (Setas) with accurate critical skills information. “I have been in battles with employers who are demanding their BEE certificate because a deal depends on it, and we didn't approve it because they submitted late or not at all. “This shows the prevailing attitudes to skills development, that company CEOs or executives will complain about the impact of non-approval, but they will not talk about the impact on the country of them not submitting their WSPs or ATRs,” Mookapele added. She said this information, provided by companies through certified SDFs, was essential for determining where Setas should invest funds for training and skills development to ensure that they could assist companies to build capabilities. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://www.engineeringnews.co.za/article/industry-failure-to-report-skills-requirements-undermining-economic-growth-2024-02-27