GRANT REGULATIONS 2012 declared invalid
BUSA’s various attempts to persuade the Minister against these measures and to avoid litigation were unsuccessful, and BUSA ultimately resorted to court proceedings to review and set aside both of the offending regulations. In its judgement the Labour Court declared both regulations to be invalid, and it set them aside with effect from 31 March 2016.
The court found that the Minister of Higher Education had failed to consult the National Skills Authority as required. The court also found that the Minister had acted irrationally by reducing the mandatory grant to employers since this would not assist in achieving the training and education objectives set out in the Skills Development Act. In relation to the sweeping mechanism, the court held that the Minister had exceeded his powers by prescribing that surplus SETA funds be moved to the National Skills Fund. The Skills Development Act did not give the Minister any authority to prescribe that these funds be disposed of in this way.
The order of invalidity has been suspended until 31 March 2016, and the Minister was ordered to pay BUSA’s costs in the application.
This means that SETAs now have a period of approximately six months to prepare for the return to the previous skills funding regime that will be in place when the offending regulations are invalidated.
SEIFSA will communicate further about the precise implications of the judgement on the SETA grant funding regime, so that members can participate actively in the further steps that will be necessary to give effect to the judgment.
The Minister of Higher Education and Training appealed the outcome on 28 August 2015. SEIFSA will keep its members updated with any further developments in the matter.
Employment Equity Amendment Act
The Employment Equity Amendment Act has been gazetted and is effective from 1 August 2014. The new Amendment Act contains changes that may affect your business. Please familiarise yourself with the amendments as well as the Regulations which accompany the Act:
Annexure 1- 37238 Act 47 of 2013 Employ Equity
2014 EE Regulations published on 1 August 2014
Employment Equity Amendment Act
The Employment Equity Amendment Act has been gazetted and is effective from 1 August 2014. The new Amendment Act contains changes that may affect your business. Please familiarise yourself with the amendments as well as the Regulations which accompany the Act:
Annexure 1- 37238 Act 47 of 2013 Employ Equity
2014 EE Regulations published on 1 August 2014
BBBEE Amended Codes of Good Practice: Taking advantage of the transitional period
The effective date of the amended Codes of Good Practice will be 1 May 2015. A B-BBEE Certificate issued prior to the 1 May 2015, will be valid for a period of 12 months from date of issue.
Measured entities whose measurement is post 30 April 2015 the amended Codes of Good Practice will be applicable, and all certificate issued post this date onwards must be based on the amended Codes.
So what does this mean for your company and how can you use it to your advantage?
The Amended Codes of Good Practice come with priority elements and failure to comply to them will result in a drop in your current score.
However, you can buy your organisation more time by getting verified on the old codes prior to the effective date of the amended codes which is 1 May 2015. This certificate will be valid for 12 months from the date of issue, effectively meaning that you have more time to prepare and align your organisation to these amended codes.
SEIFSA has the in-house capacity to assist companies from the start to finish. This is of enormous value to companies because we assist companies with the preparation for verification and will facilitate the entire process up to the issuing of the certificate.
Broad-Based Black Economic Empowerment
Honeycomb Transformation is an Alliance Partner with SEIFSA and can enable and support businesses with the following services:
BEE Ratings
On-Site Document Verification
A Broad-Based rating is an in-depth process and an on-site verification of the evidence submitted for each one of the elements is required. The end result of this process is a rating certificate issued by Honeycomb that may then be used by the measured entity when tendering for government business or for other procurement purposes.
Pre-Rating Assessment
A pre-rating assessment is conducted on all of the evidence collated by the client, and is not verified by Honeycomb through an on-site visit. The result of this exercise is a B-BBEE scorecard, indicating the points received for each element as well as the B-BBEE Contribution status. This exercise is useful for companies to determine their readiness for an on-site BEE verification.
Rating Preparation
Collation of Documents and Information
The collation of evidence that supports your BEE score is essential, since the rating process is based on the evidence submitted. Our collation service team will assist in collating the proper evidence that is required for your BEE rating.
Contact Details
0861 HONEYCOMB
Phone: (011) 880 1630
Fax: (011) 447 2456
GENERAL enquiries: info@honeycombtransformation.co.za
BEE RATINGS enquiries: info@honeycomb-bee.co.za
257 Oxford Road,
Ground Floor, Block 2, Illovo
PO Box 328, Saxonwold, 2132