Importance Of B-Bee Act

2367 Words10 Pages
HOW THE SOUTH AFRICAN CONSTITUTION OF 1996, THE EMPLOYEMENT EQUITY ACT OF 1998 AND THE PREFERENTIAL PROCUREMENT ACT OF 2000 SUPPORT THE BROAD-BASED BLACK ECONOMIC EMPOWERMENT ACT, NO 56 OF 2003 SUPPORT, AS AMENDED 1. INTRODUCTION The Broad-Based Black Economic Empowerment Act, No 53 of 2003, as amended, was adopted by the South African government to serve as a cornerstone for Black Economic Empowerment (BEE). The goal of the BEE is readdressing historical injustice and to empower all of those previously disadvantaged with the goal to advance economic development and transformation and to improve South Africa’s black empowerment policies. According to the B-BEE legislative and strategic framework, BEE has three components namely direct…show more content…
SOUTH AFRICAN CONSTITUTION OF 1996 The South African Constitution provides the legal foundation for existence of the republic, it sets out the rights and duties of its citizens and defines the structure of the government. The constitutions supports the B-BEE Act in two sections namely section 9 and 217. The B-BEE Act serves as an example of the Right to Equality as indicated in section 9 of the South African Constitution of 1996. Section 9 of the South African constitution contains strong provision on equality before the law and from freedom from discrimination. Section 9 which is very similar to the Universal Declaration of Human Rights prohibiting discrimination “on one or more grounds including…” The constitution of South Africa compared to equality provisions in most human rights acts is much broader as it specifically lists the following grounds "race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth." The constitution specifically distinct between “sex” and “gender” as well as between “race” and…show more content…
Companies receive tenders and other contracts due to favouritism, biasedness and the lack of providing public information preventing the whole public to participate in the bid for tenders. It is therefore difficult for new SMMEs to access the market. The tender process should not only be made available to the public but sufficient time should be given to all applicants to prepare and participate in the bid. Another Barrier to entry for new SMMEs is a lack of knowledge, skills and capacity. The article Procurement Challenges in the South African Public Sector by Johanna Badenhorst-Weiss suggest that two-model curriculums should be implemented giving learners the choice to focus on the private or public sector. The skills obtained in this curriculum will be general procurement skills and industry-specific

More about Importance Of B-Bee Act

Open Document