DEPARTMENT OF
TRADE AND INDUSTRY
By virtue of
the powers vested in me in terms of section 14 of the
Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of
2003) I, Rob Davies, Minister of Trade and Industry, hereby
determine that-
-
from 1
February 2010, only BEE verification certificates issued by
Accredited Verification Agencies that are in possession of a
valid pre-assessment letter from South African National
Accreditation System will be valid;
-
despite
the provision in paragraph (a) above, all verification
certificates issued by non-accredited verification agencies
before 1 February 2010, will remain valid for 12 months from
the date of issue;
-
the
period of validity of the certificates contemplated in
paragraph (a) above, will be 12 months from the date of
issue;
-
Notice
354 of 2009 issued on 9 April 2009 and Notice 677 of 2009
issued on 5 June 2009 are deemed to be repealed with effect
from 1 August 2009; and
-
this
notice will be deemed to be effective from 1 August 2009.
Rob Davies
MINISTER OF TRADE AND INDUSTRY
DATE: 28
July 2009
DRAFT PREFERENTIAL PROCUREMENT REGULATIONS, 2009
EXPLANATORY MEMORANDUM
1.
The purpose of the Preferential Procurement Regulations,
2009 is to ensure that Government's preferential procurement
procedures are aligned with the aims of the Broad-Based Black
Economic Empowerment Act, 2003 and associated Codes of Good
Practices.
2.
The effect of the new regulations can be summarized as
follows:
I.
The preference points systems as per the current Act and
Regulations will be retained.
II.
The current Preferential Procurement Regulations
determine that the HDI status and certain RDP goals should be
used to determine preference points in the awarding of bids.
The new Regulations replace the awarding of bids on the basis of
HDI status and the promotion of RDP goals with the BEE rating of
a bidder.
III.
In addition, the threshold value to distinguish between
the 80/20 and the 90/10 preference points systems, is increased
from R500 00 in the current regulations to R1, 0 million in the
new regulations to strengthens the contributions towards the
development of small, medium and micro enterprises.
IV.
The application of the new Regulations is further
extended to apply to all organs of state and not only to
national and provisional departments and provisional
departments, municipalities, Parliament, provisional legislature
and schedule 3A and 3C public entities.
3. The draft Preferential Procurement
Regulations, 2009 are gazetted for comments.
