Jacob Maphuta began the engagement by outlining the principles from which the drafters of Sector Codes are not at liberty to deviate. These included the following elements of Statement 000:
- The establishment of five elements in section 8
- The key principles set out in section 2
- The revised B-BBEE recognition levels set out in section 8
- The elevation of black owned entities set out in sections 4 & 5
- The Priority Elements and attendant discounting principle set out in section 3
- The redefinition of Enterprise and Supplier Development beneficiaries (removal of category B) in section 3.7 of Statement 400
The Sector Charter Councils can deviate on the thresholds for entities (as before), and are at liberty to set targets in excess of those in the Generic Codes.
This is the first time I've come across Seth Randall. I like the way he writes. I recommend everyone read his blog.
Non-negotiables huh? Who the hell do the DTI think they are. This is a democracy and a constitutional democracy at that. Law makers which includes those who enjoy protected employment at the DTI, cannot legislate in this fashion.
Remember that each sectoral code enjoys equal status. They don't have to align with the DTI's ill conceived whims. And we as the public cannot allow them to get away with this.
By the way - my lawyer is finalising our case against Rob Davies and the DTI. I'll be sure to keep a regular update on this blog.
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