This newsletter highlights the latest statutory amendments, enactments, case law, notices, and ancillary developments relevant to the SERR Synergy legal compliance products and services for the month.

Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) (B-BBEE Act):

B-BBEE Commission

  • In a media release dated 31 July 2022, the B-BBEE Commission announced that it has released the Annual Report on National Status and Trends on Broad-Based Economic Empowerment (B-BBEE) for the calendar year 2021. The media release concluded by stating that “[it] has recommended to Minister Patel and Parliament to strengthen the B-BBEE Act to incorporate administrative sanctions for non-compliance for effective consequence management [which will] help to deal more decisively with fronting schemes that undermine the gains made with B-BBEE”.


Critical Skills List

  • The Minister of Home Affairs, Aaron Motsoaledi, in Government Gazette No. 47182 dated 2 August 2022, published an extended Critical Skills List for 2022. The skills added to the list mainly relate to specialist medical and health practitioners.
  • The Minister of Trade, Industry and Competition, Ebrahim Patel, in Government Gazette No. 46838 dated 31 August 2022, invited  stakeholders and interested parties to submit comments in writing on the Draft Block Exemption Regulations for Small, Micro and Medium-Sized Businesses, 2022 within 30 days of the publication of this notice, to lherbst@thedtic.gov.za.
  • The Department of Employment and Labour published a media statement dated 31 August 2022, indicating that the amended Employment Equity Act, 1998 (Act No. 55 of 1998) (EEA) will come into force on 1 September 2023, empowering the Minister of Employment and Labour to regulate sector-specific Employment Equity (EE) targets and set compliance criteria for issuing an EE Compliance Certificate in terms of section 53 of the EEA. 

The Employment Equity Amendment Bill, 2020 was passed by Parliament (National Assembly and National Council of Provinces) on 17 May 2022 and is awaiting assent and signing into law by the President. 

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