Amber Kardamilakis

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Since its establishment, the BEE Commission has held strong views which often diverge from industry practice.  The BEE Commission’s views have sometimes resulted in businesses abandoning BEE ownership structures, or other BEE initiatives, altogether.  The guidance issued by the Department of Trade, Industry and Competition in 2021 went some way toward clarifying the contradicting views,…

This blog was co-authored by: Caitlin Gardiner, Candidate Attorney

The South African court system has found itself in a new digitised era following the restrictive lock‑down measures introduced as a result of the Covid-19 pandemic. Directives were introduced to safeguard the public’s access to justice which included the widespread adoption of remote technologies such as…

State procurement has been in a state of flux over the last three years following a number of developments in the enforceability of the legal framework.  State procurement is regulated in terms of the Preferential Procurement Policy Framework Act, 2000 (PPPFA).  Since coming into effect on 20 January 2017, the Preferential Procurement Regulations, 2017…

Donations to non-profit entities may carry a tax benefit for the donor – the hallowed section 18A certificate. This allows the donor to claim a tax refund and encourages donations. Non-profit entities that are Public Benefit Organisations (PBO) can issue these certificates. PBO status is granted by the South African Revenue Service (SARS) under the…

Broad-based black economic empowerment (BEE) ownership transactions that have gone wrong are often exciting fodder for emotive news articles. But BEE ownership transactions are fundamentally the same as any other ownership transaction and shareholder selection process that would be undertaken in the ordinary course. However, a lack of understanding of the regulatory framework often creates…

Companies which are registered to perform essential services during the lockdown should have by now received a new certificate from the Companies and Intellectual Property Commission (CIPC) for the extended lockdown period. The old certificates are no longer valid and will have to be disposed of.

The new certificates should be automatically emailed to companies…

COVID-19 is affecting businesses globally. However, its impact on the broad-based black economic empowerment (BEE) status of a business is an effect which is unique to South Africa.

Here are 10 things to know about the potential effects of COVID-19 on BEE and your business:

1. BEE verifications can still be conducted

The South African…

Like many other changes being experienced by companies as a result of COVID-19, the requirement for an on-site visit as part of the BEE verification process prescribed by the South Africa National Accreditation System (SANAS) has been amended to take into account COVID-19.

Prior to COVID-19, SANAS required BEE verification agents to verify and evaluate…