1. B-BBEE promotes the achievement of the constitutional right to equality, within the historical context of race being used to control access to South Africa’s productive resources during apartheid. The increase of effective participation in the South African economy by the majority of South Africans previously denied such is envisioned, so as to promote the stability and prosperity of the economy in the future to the benefit of all South Africans, irrespective of race.
The examples higlighted of safe houses and children homes for B-BBEE purposes finds insight in the Socio Economic Development element which has a 75% black beneficiary base target. Qualifying Socio Economic Development Initiatives which has a maximum of 25% white beneficaries will enjoy 100% recognition under the Socio Economic Development Element. Black South African citizens as well as White people are thus recognised for the promotion of Socio Economic Development on the B-BBEE Codes of Good Practice. The intent of such donations are crucial as B-BBEE can not be a tick-box exercise.
2. Code Series 500 of the Amended B-BBEE Codes of Good Practice which is the Socio Economic Development pillar extensively documents the requirements for B-BBEE recognition. Eligibility is determined through measurement of:
(i) the specific objective with which the contribution was made; and
(ii) the black beneficiary percentage benefiting from the contribution.
3. . The B-BBEE Codes of Good Practice were gazetted, and thus became effective on 09 February 2007. The Codes were subsequently amended. The Amended B-BEE Codes of Good Practice came into effect on date of gazette thereof, being 11 October 2013. An 18-month transition period was however granted for entities whom wished to be rated in terms of the 2007 Codes of Good Practice to allow them to adopt B-BBEE strategies which speak to the Amended Codes, should it wish to. The election option expired on 01 May 2015.
4. As per Question (1), white children and white disabled persons are not excluded from Socio Economic Development recognition for B-BBEE purposes.
5. -BBEE Measurement is informed by a balanced scorecard, of which the measurement of Ownership makes up only 21.19%. Furthermore, the targets contained within all of the elements are not absolute, i.e none of the elements have a 100% target for black participation. The employment of and financial and social contributions to a white person therefore does not disadvantage a business looking to obtain B-BBEE points.