Johannesburg - The mining charter in its current form
betrays the principles of empowerment and should be aligned with the BEE Act,
the Black Management forum (BMF) said on Sunday.
"We note with disappointment the fact that mining, a
critical sector of the economy that employs 500 000 people, is the only
industry that has made no attempt to align with the BEE Act and that the
Department of Trade and Industry has not publicly taken steps to address
that," the organisation said in a statement.
The BMF made its recommendations on the revised Broadbased
Black Economic Empowerment (BBBEE) Codes.
The DTI on October 1 opened a 60-day period for comment on
the revised BBBEE codes.
None of the mining companies has a BEE certificate, said the
"Mining is the only sector of the economy where there
is no requirement for independent verification of BBBEE contributions.
"It is the only sector that has made no attempt to
align with the BEE Act," it said.
The organisation urged government to invest resources and
capacity in monitoring the implementation of BBBEE on an ongoing basis.
"The proposed BEE Commission should have the resources
and capacity to monitor and evaluate the implementation of BBBEE in the public
and private sector on an ongoing basis."
The commission should also publish an annual report on the
state of BBBEE within the public and private sectors.
The Johannesburg Stock Exchange (JSE) should also make it
mandatory and part of listing requirements for companies to report on
"The JSE must introduce BBBEE reporting guidelines to
enable comparisons across sectors. Each listed company must publish its
verification certificate and report for public scrutiny."
Non-compliant companies had to be published in a public
register and had to have meaningful fines imposed on them.
The BEE Act had to supersede all other laws and policy tools
that sought to achieve economic transformation.
"It must be the country's trumping legal and policy
framework. The DTI must lead and champion economic transformation...it cannot
also discard its responsibility for driving the implementation of employment
All BEE verification agencies had to be fully transformed
before they could verify the transformation of others. They should be
"superior" contributors to BBBEE.