Publications
Partners
The document addresses issues raised in the first and subsequent draft charters but the government will still look into it ahead of gazetting. The charter will come into effect on March 1, 2005, when all ICT companies operating in South Africa will be required to conform.
"By that date we are confident that the overall consensus will have been achieved on all major issues. To achieve that, we have to map out a clear strategy to manage what we have termed the "Interim Phase"," ICT charter working group chairperson Dali Mpofu said.
The Interim Phase is the period from November 1 to February 28, which marks the handover and finalisation processes. During this period the working group will cease to exist, making way for the new empowerment council. The council's constitution, composition, rules, powers, limitations and other issues are still under discussion.
Mpofu emphasised that the group consulted with many constituencies and social partners in the ICT sector including organised business, organised labour, the community constituency and the government. The social partners were consulted via the National Economic Development and Labour Council.
The new document says state-owned enterprises (SOEs) will qualify under the equity section. However, SOEs that conduct business in competition with other commercial enterprises in the sector shall be compelled to partner with other empowerment entities when tendering for contracts.
The document promises extra points for enterprises involved in broad- based collective ownership.
On the impact of large equity deals the draft says: "Any company which is independently valued at more than 5 billion rand and has declared an intention to enter into an equity deal in its own right may, upon application to the BEE council and at the Council's discretion, be granted a customised and/or extended schedule in respect of the ownership indicator. Generally, such extended schedule (roadmap) must result in the long term target still being met on the 28 February 2015."
