OFFENCES, PENALTIES AND PROHIBITIONS
Offenses in connection with the Commission include
Ø Unauthorised disclosure of confidential information by a person acting on behalf of the Commission
Ø Hindering, Obstructing or improperly influencing the Commission
Ø Knowingly providing false information to the Commission
Ø Misrepresenting the B-BBEE status of an enterprise
Ø Providing false information or misrepresenting information to a B-BBEE verification professional in order to secure a particular B-BBEE status
Ø Providing false information or misrepresenting information relevant to assessing the B-BBEE status of an enterprise, to any organ of state or public entity
Ø Engaging in a ‘fronting’ practise
Ø Failing to report an offence (applies to verification professionals, procurement officers or other officials of an organ of state or public entity)
Ø Minimum penalty 10 years imprisonment (and/or a fine) or
Ø If the offender is not a natural person, a fine of 10% of its annual turnover
Ø Maximum penalty for an offence relation to the Commission, or for a failure to report, is 1 year imprisonment (and/or a fine)
Ø Value of the transaction which was derived from. Or sought to be derived from to be considered