Ah Rob, Rob the Red, Rob the nasty commie, Rob the destroyer of the economy. Rob who has been placed over a barrel and is waiting to receive the American AGOA bullet. Rob who is under the influence of the single minded black business council. Rob who doesn't read what he signs.
You might have seen this note. Here it is summarised a bit
COMMENCEMENT OF SECTION 3(b) OF THE BROAD-BASED BLACK ECONOMIC EMPOWERMENT AMENDMENT ACT, 2013 (ACT NO. 46 OF 2013)
The Broad-Based Black Economic Empowerment Amendment Act came into operation on 24 October 2014, except for section 3(b). In terms of section 10 (3) of the Amendment Act…section 3(b) comes into operation one year after the date on the Amendment Act was proclaimed.
I therefore deem it necessary to (inform the public) that section 3(b) …. automatically commenced on 24 October 2015.
I suppose you haven't seen the problem yet. The BEE Amendment Act that was published in 2013 only included the amendments to the 2003 BEE Act, the final Act must be read in conjunction with the original BEE Act. The complete section 3 reads as follows
3. Any person applying this Act must interpret its provisions so as
1) (a) to give effect to its objectives and purposes; and
(b) to comply with the Constitution
2) In the event of any conflict between this Act and any other law in force immediately prior to the date of commencement of the Broad-Based Black Economic Empowerment Amendment Act, 2013, this Act prevails if the conflict specifically relates to a matter dealt with in this Act.
What Rob's clever cleavers did was only look at the Amendment Act and saw that the section that referred to section 3(2) was 3(b). They write a note with remarkably no spelling errors and refer to a section that DOESN'T EXIST. It did under the 2003 Act, but no longer does. You might argue that 3(b) is the bit about complying with the constitution. But that would be wrong. Under the amendment code that subsection is 3(1) (b). This is just pathetic and typifies a government that forces us to second guess them because they deliberately choose to be vague. I have my doubts whether this is because they want to fuck us around, I think it's because of the sheer incompetence that operates at all level of state – from government through to the parastatals. Believe t or not it was a note issued by the Department of Mineral Resources on the 30th of October 2015 which correctly refers to the relevant section as 3(2).
It doesn't really matter, Rob's statement is "a loud sounding nothing", it was designed to bring the Mining Charter within his control. No sooner had he published his note the DMR announced (in the 30th of October note) that they are going to need another year to fuse the two.
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