Once upon a time competent minister of trade and industry published the Broad-based Black Economic Empowerment Act (53 of 2003). The incumbent then decided to amend it and added in a lot of unmonitorable rubbish and sent it off to the most competent of competent people, the Duke of Nkandla, for signature. The amendment lies gathering dust somewhere, but it did include the original section 9(5) which stated the following
The Minister must, before issuing, replacing or amending a code of good practice in terms of subsection (1)
- Publish the draft code of good practice or amendment in the Gazette for public comment; and
- Grant interested persons a period of at least 60 days to comment on the draft code of good practice or amendment as the case may be.
On Friday, Rob dumped the remaining statements and codes on us with this preamble
Maybe there is something that I missed here, but I see these as either new codes or amendments of existing codes. Rob has however given us just over 30 days to comment – that's round about half the period that the Act prescribes.
Is there any point in asking him why he did this, the answer is no because we know that he has very little time to publish the final codes and needs to get moving here. I also think that he's made his mind up and that these statements are final. I'm not going to get into the nitty gritty of the new statements, other than they read better than 36928. But if you want to read them you can download them here.
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