The Broad-Based Black Economic Amendment Bill was published by the Department of Trade and Industry for public comment on 9 December 2011. The period for public comment ended on 8 February 2012. One section of the Amendment Bill provided that:
“If any conflict relating to the matters dealt with in this Act arises between this Act and the provisions of any other law save the Constitution and/or any Act expressly amending this Act, the provisions of this Act will prevail.”
This clause created uncertainty as to the effect of the BEE Act and Codes on the Mining Charter and the Mining Codes. For the purposes of licencing and compliance in mining in South Africa, the DMR’s Mining Charter and Codes have been applied universally to mining companies, to the exclusion of the Department of Trade and Industry’s (DTI) more complex and nuanced BEE laws. But many questioned whether the effect of the provision quoted above would be that the DTI’s BEE rules would trump the DMR’s BEE rules.
Well here is some news: The DTI recently made available a copy of a revised draft of the Amendment Bill, following comments from interested parties to the gazetted version of the Amendment Bill, and the so-called “trumping provision”, quoted above, has been removed.
This is a start. Now what about the balance of this contentious bill especially section 12A.