Business Day

Body to issue findings against B-BBEE breaches

• Commission­er to issue 50 findings against companies

- Linda Ensor Political Writer ensorl@businessli­ve.co.za

The Broad-Based Black Economic Empowermen­t Commission planned to issue about 50 preliminar­y and final findings against companies found to have allegedly contravene­d the B-BBEE Act, commission­er Zodwa Ntuli said. The companies involved will have an opportunit­y to comment on a finding before it is made final.

The Broad-Based Black Economic Empowermen­t (B-BBEE) commission plans to issue about 50 preliminar­y and final findings against companies for contravent­ions of the B-BBEE act, according to commission­er Zodwa Ntuli.

Companies will have opportunit­ies to comment on findings before they are made final. The commission began investigat­ing alleged noncomplia­nce by 17 companies, including Nokia, MTN and Netcare, and verificati­on agencies in August. More investigat­ions are under way.

A major form of noncomplia­nce is fronting, or the introducti­on of spurious schemes that purport to introduce black shareholde­rs (sometimes a domestic worker) without assigning any benefits to them.

This enhances a company’s B-BBEE status and increases its chance of winning contracts. “Fronting is prevalent and some companies have already been issued with findings and more are following,” Ntuli said.

“We will prosecute those that front, but will assist those willing to make redress for the mess they have caused and commit to compliance going forward.”

In some cases, companies approached the commission to reach a settlement before findings on fronting were made, agreeing to pay black shareholde­rs their due dating back to when they were appointed.

One black shareholde­r was paid about R22m. In another case, three black shareholde­rs were paid R63m.

No prosecutio­ns for fronting have taken place, but the commission has reached agreement with the National Prosecutin­g Authority on how such referrals will happen.

Ntuli said companies would be given an opportunit­y to correct the situation before a prosecutio­n was initiated. An administra­tive penalty paid into the National Revenue Fund could be imposed as an alternativ­e to referral for prosecutio­n.

She said the commission was concerned about “the overrelian­ce on consultant­s by companies, as well as verifiers who cut corners. We are acting against them as well.”

Consultant­s often wrongly advised companies to use trusts as vehicles for black ownership. This is particular­ly prevalent in the mining industry.

“Most companies say they were advised and thought they were doing things the right way. But … consultant­s have provided wrong advice and the verifier has confirmed that this is okay.

“When you look at who advised them, there is a pattern

WE WILL PROSECUTE THOSE THAT FRONT BUT WILL ASSIST THOSE WILLING TO MAKE REDRESS FOR MESS THEY CAUSED

of people who are advising on certain structures.

“When we investigat­e a company, we also look at who the verifier and consultant­s were.

“From 2003 until the commission started, there was no one to say that this was not the right thing.”

The commission also advises company boards and directors on proposed B-BBEE structures. Since inception, the commission has received 780 requests for clarificat­ion and about 100 requests for advisory opinions.

Under the act, every B-BBEE ownership transactio­n with a value of R25m or more must be submitted to the commission.

 ??  ?? Zodwa Ntuli
Zodwa Ntuli
 ?? /File picture/ Trevor Samson ?? Approachab­le: B-BBEE commission head Zodwa Ntuli says many companies are led astray by consultant­s, while others will be prosecuted for fronting.
/File picture/ Trevor Samson Approachab­le: B-BBEE commission head Zodwa Ntuli says many companies are led astray by consultant­s, while others will be prosecuted for fronting.

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