Author: Bean du Plessis

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Commercial Law

B-BBEE PROPERTY PRACTITIONERS: BE WARNED

The latest amendments to the Property Practitioners Act in South Africa makes it compulsory for Property Practitioners to have a valid BEE Certificate. Without it, they will not be able to renew their Fidelity Fund Certificate (FFC). This means all Property Practitioners now need a valid BEE Certificate to operate.

fence
Labour Law

What private security employers must know before hiring an illegal immigrant

The private security industry comes with a particularly long list of legislation for compliance. A number of security service providers have inadvertently added the Immigration Act 13 of 2002 to this list by employing illegal immigrants. In this article, Bean du Plessis explains the pitfalls and outcomes of ignorance of this contentious choice for employers in the sector.

agriculture
Commercial Law

Civil and Criminal Liability in dealing with Agricultural Land

It’s not as simple as buying and selling – not when it comes to Agricultural Land. In this article, Bean du Plessis explains what many people don’t know: a transaction to buy or sell Agricultural Land is invalid and can lead to imprisonment if concluded without the consent of the Minister.

Private Security

Co-operatives in the Private Security Sector: a fool’s errand?

The use of co-operatives in the private security sector is not new nor uncommon in South Africa. In this article, we walk through the legislation step-by-step to show how a cooperative is in fact not legally providing the benefits nor protection the Private Sector Security thinks it does.

Diverse business team
Corporate Law

B-BBEE Status in terms of the Codes

When all is said and done your enterprise’s B-BBEE compliance results in an awarded B-BBEE level – also called the B-BBEE status. This article explains the status levels that can be achieved and how they are set out in the legislation.

Diverse business team
Corporate Law

Enterprise Types under B-BBEE legislation

When it comes to Broad-based Black Economic Empowerment (B-BBEE) compliance, a business requires certain resources in order to comply at different levels. Naturally, enterprises of different sizes will have different resources available to dedicate to their compliance. This article is a practical guide to enterprise types and B-BBEE compliance.

Diverse team of people presenting business growth on screen
Corporate Law

Sector-specific B-BBEE Scorecards

Our previous article on B-BBEE compliance discussed the categorization of enterprises and what it means for their B-BBEE compliance. In this article explains the second differentiation of enterprises according to the legislation: Sector-specific B-BBEE Scorecards.

Diverse business team
Corporate Law

The Modified Flow-Through Principle: Advantages and Pitfalls

The Modified Flow-Through Principle relates to the Ownership element of the B-BBEE Scorecard. In this article, we give a concise yet detailed breakdown and examples of this principle which is a critical component of many B-BBEE compliance strategies.

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Commercial Law

B-BBEE Scoring elements

The scorecard is the most important element of B-BBEE compliance for enterprises of all sizes. Each scorecard consists of different elements that are scored to achieve a final B-BBEE compliance score, which determines the level of compliance achieved. Let’s look at each of these elements that you will find on scorecards.