262018Feb
SA: Broad-Based Black Economic Empowerment Commission (“Commission”) finalises its first case

SA: Broad-Based Black Economic Empowerment Commission (“Commission”) finalises its first case

On 23 January 2018, the Commission issued final findings against SAB & T BEE Services (Pty) Ltd (“SAB&T“) and Ms Shameema Ismail (“Ismail“). This is the first case that the Commission has finalised since it was established in April 2016 and resulted from a complaint lodged by Mr Keith Levenstein, the chairperson and founder of…

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252017Oct
Recent High Court Case clarifies Fronting practices

Recent High Court Case clarifies Fronting practices

Given the serious consequences of fronting practices, it is vital that businesses carefully review their existing and future B‑BBEE initiatives including B‑BBEE ownership structures to ensure compliance with the B-BBEE Act. In the recent High Court case involving the Passenger Rail Agency of South Africa (PRASA) and Swifambo Rail Agency Proprietary Limited, Judge Francis set…

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182017Oct
Broad-based Black Economic Empowerment Commission announces investigations of Trusts used in B-BBEE ownership structures

Broad-based Black Economic Empowerment Commission announces investigations of Trusts used in B-BBEE ownership structures

On 7 August 2017, the B-BBEE Commission announced that it had initiated 17 investigations for possible contraventions of the Broad-Based Black Economic Empowerment Act (B-BBEE Act). Six cases deal with the use of trusts in B-BBEE ownership structures, 6 deal with B-BBEE verification agencies and 2 involve Government entities (Eskom and the South African Social…

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