I stopped listening to 702 because of YouseewhatadoosIam McHysbak. I don't think 702 misses me but I do wish they'd fire this idiot (I'm not using very fiery language on purpose). I was sent this article which contains an interview with our minister of tourism. At about 7:18 she talks about an application for exemption from BEE. I can't make out whether this is for an exemption in the application process or whether she is referring to an EME certificate as I discussed in the last post. It certainly does sound like she has no idea what she's talking about when it comes to BEE – if she is referring to EMEs, then it's not application – it's an affidavit.
In the Timeslive article she tells the disbelieving public that she is hamstrung by section 10 of the BEE Act
Over and above the moral imperative of transforming the economy, the department of tourism is compelled to apply sector codes as stated in section 10 of the B-BBEE Act: "[E]very organ of state … must apply any relevant code of good practice issued in terms of this act in … determining criteria for the awarding of incentives, grants and investment schemes in support of B-BBEE".
Let's check to see how this measures up against section 10, I've include the relevant subsections of section 10 below
10. Status of codes of good practice
(1) Every organ of state and public entity must apply any relevant code of good practice issued in terms of this Act in
(a) determining qualification criteria for the issuing of licences, concessions or other authorisations in respect of economic activity in terms of any law;
(b) developing and implementing a preferential procurement policy;
(c) determining qualification criteria for the sale of stateowned enterprises;
(d) developing criteria for entering into partnerships with the private sector; and
(e) determining criteria for the awarding of incentives, grants and investment schemes in support of broadbased black economic empowerment.
2(a) The Minister may, after consultation with the relevant organ of state or public entity, exempt the organ of state or public entity from a requirement contained in subsection (1) or allow a deviation therefrom if particular objectively verifiable facts or circumstances applicable to the organ of state or public entity necessitate an exemption or deviation.
(b) The Minister must publish the notice of exemption or deviation in the Gazette.
She's spot on in section 10 (1). It could be either (a) or (e). But what she's not doing is telling us about section 10(2). My reading of 10(2) is that the minister (being hotfood masala Ebie Patel) can exempt the tourism minister from section 10(1). The pandemic being a force majeure in the case of most businesses in the country must measure up as an "objectively verifiable facts or circumstances applicable to the organ of state or public entity". And for those that argue that this is not applicable to the tourism ministry, an organ of state is defined in section 239 of the Constitution as
"organ of state" means
a. any department of state or administration in the national, provincial or local sphere of government; or
b. any other functionary or institution
i. exercising a power or performing a function in terms of the Constitution or a provincial constitution; or
ii. exercising a public power or performing a public function in terms of any legislation, but does not include a court or a judicial officer;
Of course she counters the legitimate concerns about her selective reading of section 10 with
Evidently, the DA and its surrogates have decided to deliberately conflate non-compliance with the B-BBEE Act and exclusion on the basis of race. Perhaps the question we need to ask and give an honest answer to is, why is it that so many businesses are still failing to comply with B-BBEE?
That the DA, Afriforum and Solidarity have chosen to oppose the application of B-BBEE policy in the administration of the fund is hardly surprising, because these three organisations have, on many occasions, expressed their opposition to the B-BBEE policy and want it scrapped. However, what is unfortunate is that these organisations have chosen to use this crisis as a theatre for political posturing on such an important issue.
Then you have to ask, if she is so concerned with section 10 then why has she ignored paragraph 3.1.1 of STATEMENT 000: GENERAL PRINCIPLES AND THE GENERIC SCORECARD (DTI's generic scorecard) which says
3. APPLICATION OF THE CODES
3.1 The following Entities are measurable under the Codes:
3.1.1 all Organs of State and Public Entities;
She's a charlatan and has been caught out and she doesn't have a case. She has to resort to racist rhetoric – she's an ANC (uppercase as an exception, only because I like Cyril) politician. The minute you get caught out you accuse your accusers of being racist or anti-transformation. Hence the accusation will be thrown at me.
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