In Legislation

image001Last week we reverted to the B-BBEE Amendment Act 46 – 2013. The functions of the B-BBEE Commission were illustrated. This week we set focus to disclose various offenses, penalties incurred and the prohibitions to adhere.


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

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