Paul Janisch

When do the ICT Charter and Property Charter begin to be operational – from SANAS (and new targets)

From: Phinda Ndabula [mailto:[email protected]]

Sent: After the charters were gazetted

Subject: RE: Property Charter

As far as I understand Sector Codes are not gazetted today and applicable tomorrow there is always an effective date with them. I have not read the sector code yet therefore I cannot comment on whether there is an effective date in it but the logic is that if it is gazetted today no one has implemented it yet thus no one can be evaluated on it until they have been given time to implement it.

Phinda Ndabula

Field Manager: BBBEE

Tel: +27 (0) 12 394 3861 / Fax: +27 (0) 12 394 4861 / E-mail: [email protected] / Website: www.sanas.co.za

the dti Campus, Building G, Ground Floor, 77 Meintjies Street, Sunnyside, 0132

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So spake Phinda today. This makes sense. Both the Property Charter and ICT Charter have come out in the last week or so. The preamble to the ICT Charter says

This Notice is effective from the date of publishing and means that the ICT Sector Code is binding on all stakeholders operating in the ICT Sector.

I understand this as being that from that date of gazetting the charter comes into effect. You start measuring from today onwards. My ICT client that has been measured up until January is going to be rated under the DTI's codes within the next couple of weeks. That's fair enough. Although whatever you do DO NOT ASK Andile Tlhoaéle for advice, it will be wrong on all levels – although I'm sure he'll mention the words "measured entity" at least 852 times in answering.

Then there are those that are going to concerned about that irritating PLT Keith Levenstein alleging fronting (how are the cases coming along Keith?) because the wrong charter was used. I wouldn't worry about that, he's not that clued up about much. Id est a newsletter he sent out a few weeks' ago tells us that the old targets under EE and procurement still apply. That's not what I heard (although I'd love to believe our resident expert). It seems that Phinda sent out an email on the 30^th of May stating that even though the new targets come in at a very strange time (like half way through a calendar month!!), they still apply.

Y'see Keith – what you need is friends in the industry who send you this information. Must be lonely where you are.  Also Keith - you've had more than enough time to send out a correction to your incorrect posting.

Of course – no official notice has been sent out by the DTI. And this makes me wonder whether the same notice was sent to the IRBA. Perhaps a little more official clarity would be appreciated.

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From: Phinda Ndabula [mailto:[email protected]]
Sent: 30 May 2012 01:43 PM

To: Dees Dhanraj

Subject: FW: New Targets

Greetings

Please note that as per the e-mail below the dti wishes to retract its earlier e-mail on the applicability of the Year 6 targets.

Kind Regards

Phinda Ndabula

Field Manager: BBBEE

Tel: +27 (0) 12 394 3861 / Fax: +27 (0) 12 394 4861 / E-mail: [email protected] / Website: www.sanas.co.za

the dti Campus, Building G, Ground Floor, 77 Meintjies Street, Sunnyside, 0132

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From: Makhosazana Seate [mailto:[email protected]]

Sent: 30 May 2012 12:00 PM

To: Phinda Ndabula

Cc: Mashudu Mannde (he's from the DTI)

Subject: Fwd: New Targets

Dear Phinda,

The above subject refers. Kindly find below and disseminate to all accredited verification agencies.

With regards to the clarification on the subject matter, kindly note that the dti is in the process of issuing an official announcement in due course. It is therefore requested that any communiqué issued after the gazetted notice should be ignored until an official announcement is issued by the dti.

Kind regards,

Ms Makhosazana Seate

BEE Director

The Department of Trade and Industry

Tel: +27 12 394 1694

Fax: +27 12 394 2630

Cell: 074 172 2096

e-mail: [email protected]

New targets: DTI explains - or do they?

This was sent to me by @edeni.  It's the gazette we've all been waiting for (no 35013).  It tell us when the new targets kick in.  The DTI writes:

With effect from the 9 February 2012, the 0-6 year targets will come into operation. However for measured entities whose Measurement Date is prior to 9 February 2012, the 0-5 year targets will still be applicable.  But, for measured entities whose Measurement Date is post 9 February 2012 the new targets will be applicable.

Clear?  Not really.  Is it fair that we the public have to attempt to interpret poorly drafted government notices - what are 0-6 year targets? We all know that they are the 6-10 year targets.  

@edeni also writes

This seems to have come out of the workshops:

1. Any business whose financial year-end is completed as at 9 February 2012, will be measured, on whatever date their rating is conducted, on the 0-5 year targets;
2. Any business whose financial year-end is completed AFTER 9^th February 2012 will be measured on the year 6 – 10 targets

 Also, the new draft Codes will be published in March 2012 and be open for 60 days for commentary. 

This is just unfair.  All those companies that use the standard financial year as their measurement period now are measured using the new targets, even though they only are measured under this for 20 days.  Why not make it the end of February.  

Well thought out DTI - when on earth are you actually going to do something that we like and that makes sense.  It just can't be that hard.