Black Economic Empowerment (BEE)

Our BEE team is widely recognised as one of the top BEE and regulatory practices in South Africa. Our practitioners have considerable experience in advising South African and international businesses seeking to implement BEE compliance within the legislative framework.

 

The Black Economic Empowerment (BEE) practice at Cliffe Dekker Hofmeyr is widely recognised as being one of the most knowledgeable and experienced BEE regulatory teams in South Africa.

Our expertise includes advising on the Broad-Based BEE Act, the Codes of Good Practice, Transformation Charters and Sector Codes, and related legislation and regulations.

Our experience is deep and varied and covers a wide range of advisory services, including:

  • Formulating BEE strategy to align commercial outcomes with BEE expectations.
  • Advising on the development and BEE effects of BEE ownership and management control structures, and drafting the legal documents for implementing these structures.
  • Consideration of general scorecard compliance and advising on improving compliance.
  • Conducting BEE due diligence investigations.
  • Advising on the development of broad-based schemes and employee share ownership schemes, and drafting the legal documents for implementing them.
  • Advising on and drafting transformation charters and sector codes.
  • Advising on and devising transaction structures that are BEE compliant.

We also provide the following BEE-related services:

  • Tax advice.
  • Assistance in formulating potential BEE partners’ selection criteria and managing the selection process.
  • Project management in relation to BEE transactions.
  • Preparing submissions to rating agencies and regulators regarding the BEE structure.

Advisory services

Our experience is deep and varied and covers a wide range of advisory services, including:

  • Formulating BEE strategy to align commercial outcomes with BEE expectations.
  • Advising on the development and BEE effects of BEE ownership and management control structures, and drafting the legal documents for implementing these structures.
  • Consideration of general scorecard compliance and advising on improving compliance.
  • Conducting BEE due diligence investigations.
  • Advising on the development of broad-based schemes and employee share ownership schemes, and drafting the legal documents for implementing them.
  • Advising on and drafting transformation charters and sector codes.
  • Advising on and devising transaction structures that are BEE compliant.

BEE-related services

We also provide the following BEE-related services:

  • Tax advice.
  • Assistance in formulating potential BEE partners’ selection criteria and managing the selection process.
  • Project management in relation to BEE transactions.
  • Preparing submissions to rating agencies and regulators regarding the BEE structure.

Services

The Black Economic Empowerment (BEE) practice at Cliffe Dekker Hofmeyr is widely recognised as being one of the most knowledgeable and experienced BEE regulatory teams in South Africa.

Our expertise includes advising on the Broad-Based BEE Act, the Codes of Good Practice, Transformation Charters and Sector Codes, and related legislation and regulations.

Our experience is deep and varied and covers a wide range of advisory services, including:

  • Formulating BEE strategy to align commercial outcomes with BEE expectations.
  • Advising on the development and BEE effects of BEE ownership and management control structures, and drafting the legal documents for implementing these structures.
  • Consideration of general scorecard compliance and advising on improving compliance.
  • Conducting BEE due diligence investigations.
  • Advising on the development of broad-based schemes and employee share ownership schemes, and drafting the legal documents for implementing them.
  • Advising on and drafting transformation charters and sector codes.
  • Advising on and devising transaction structures that are BEE compliant.

We also provide the following BEE-related services:

  • Tax advice.
  • Assistance in formulating potential BEE partners’ selection criteria and managing the selection process.
  • Project management in relation to BEE transactions.
  • Preparing submissions to rating agencies and regulators regarding the BEE structure.

Advisory services

Our experience is deep and varied and covers a wide range of advisory services, including:

  • Formulating BEE strategy to align commercial outcomes with BEE expectations.
  • Advising on the development and BEE effects of BEE ownership and management control structures, and drafting the legal documents for implementing these structures.
  • Consideration of general scorecard compliance and advising on improving compliance.
  • Conducting BEE due diligence investigations.
  • Advising on the development of broad-based schemes and employee share ownership schemes, and drafting the legal documents for implementing them.
  • Advising on and drafting transformation charters and sector codes.
  • Advising on and devising transaction structures that are BEE compliant.

BEE-related services

We also provide the following BEE-related services:

  • Tax advice.
  • Assistance in formulating potential BEE partners’ selection criteria and managing the selection process.
  • Project management in relation to BEE transactions.
  • Preparing submissions to rating agencies and regulators regarding the BEE structure.

Black Economic Empowerment (BEE) Lawyers

Our team is commercial, solution-oriented, responsive and dynamic in its approach, and also includes leading professionals from our various practice areas where necessary. Our experience is deep and varied and covers a wide range of advisory services.

Our Black Economic Empowerment (BEE) Lawyers

Black Economic Empowerment (BEE) News

More news

What is BBBEE and why is it important?

South Africa is a country rich in diversity. This diversity extends not only to its natural environment but to its people and cultures. Apartheid subverted and stymied the development potential of this diversity by enabling laws and policies that oppressed and excluded the majority of its people, on the basis of racial classification, from effective political and economic participation.

Webinar Recording - Interpretation of the B-BBEE Codes

The B-BBEE Codes are subject to varying and sometimes contradictory interpretation by stakeholders.

B-BBEE practice note issued by the DTIC brings clarity on the rules for discretionary collective enterprises

On 18 May 2021, the Minister of Trade, Industry and Competition published a practice note, in terms of the Broad-Based Black Economic Empowerment Act 53 of 2003, as amended (B-BBEE Act), on the rules for entities such as broad-based ownership schemes (BBOSs), employee share ownership programmes (ESOPs), trade unions, not-for-profit companies, co-operatives and trusts (together referred to as discretionary collective enterprises (DCEs)) for purposes of B-BBEE measurement and recognition. The practice note aims to address the misalignment in the manner in which, amongst others, the B-BBEE Commission, verification agencies and B-BBEE advisors have been interpreting the treatment of DCEs in terms of B-BBEE legislation, in particular when it comes to ownership recognition.