FAQ

FAQ2019-06-04T07:45:49+00:00

B-BBEE ICT Sector Council Guidance Schedule FAQ

The guide is a collection of enquires received by the ICT Sector Council for guidance or referred to us by the DTI. It should not be used to interpret any provision of the Amended ICT Sector Code. The interpretation of the Amended ICT Sector Code should be referred to the BEE Commission.

Supplier Development contributions are not restricted to ICT entities in terms of the Amended ICT Code, although a focus on ICT is encouraged. We accept that an ICT measured entity may not, in fact, have ICT suppliers in its supply chain.

By contrast, Enterprise Development contributions must be directed at ICT beneficiaries who are not in the measured entity’s supply chain. They may graduate into any measured entity’s supply chain, not necessarily the one facilitating the development.

Yes, a 51% Black-owned QSE can complete the affidavit to confirm Level 2 status. A template of the affidavit can be found on our web site, under the Resources tab.
First, changes to the current Amended ICT Sector Code only come into effect when gazetted. Thus, if the Sector Council wishes to align the Sector Code with the Generic Code, it would have to publish the change in the Government Gazette.

Second, it was the intention of the drafters of the Code to differentiate between Supplier Development and Enterprise Development. The former are in the Measured Entity’s supply chain and the latter are not. Developed enterprises MAY graduate into the Measured Entity’s supply chain but not necessarily so – they may graduate into another entity’s supply chain.

For example, an international vendor will develop many enterprises’ capacities to support its products but those enterprises will become service providers to their own customers, not to the vendor. As another example, a manufacturer may intend to buy components from a small enterprise but finds its quality control inadequate – the manufacturer assists the SME with achieving the required standards (this is enterprise development) and later enters into a beneficial agreement to purchase components from the SME (who has graduated into Supplier Development).

The proposed change to Statement 400 of the Generic Code makes clear the interpretation that should currently be in place.

To date (190411), only one Sector Specific Initiative has been approved by the ICT Sector Council. You can find the details on our website and you may contact the Numeric Company for further information on participation.
Be advised that the affidavit templates for the ICT Sector are available on our website (www.ictsectorcouncil.org.za) under the Resources tab.
Any entity that falls within the scope of the Amended ICT Sector Code that came into effect in November 2016 must comply with that Code and not the Generic Code. Thus, the correct Affidavit templates are the ones referred to above.
The ICT Sector Code sets out to promote transformation of roles in ICT practice at all levels, to overcome the acknowledged reality that ICT employment was dominated by white males. Growing the pool of Black people with ICT skills is essential for South Africa’s future.

For this reason, the Amended ICT Sector Code does not include non-ICT training in its recognition of skills development. Mandatory training, such as your example of scaffolding, or driver training or first aid training is to the benefit of the employee and the enterprise but does not fill the skills gaps in the ICT industry.

  1. Internet access – browsing and Gaming – extended business hours
  2. Printing-scanning-copying -faxing
  3. Supply of computer peripherals
  4. Repairs to Computers and printers
  5. Supply of computer stationery

My question is, would this ED Beneficiary qualify as a 51% Black -owned ICT company in your opinion, so that this client can legitimately qualify for the possible 15.00 points available on the Generic ICT Scorecard, for the assistance they have given this business to develop further.

The QSE beneficiary is not an ICT enterprise, i.e. is not currently within the ambit of the Amended ICT Sector Code. However, the proposed activities would bring at least part of its business into the Sector.

We suggest that the QSE beneficiary signs an ICT Sector affidavit (see the Resources tab at our web site www.ictsectorcouncil.org.za) to enable the Measured Entity to claim the Enterprise Development score.

The 2016 Amended B-BBEE ICT Sector Code is effective from the date of publication, i.e. 7 November 2016. All verifications in the ICT Sector conducted from the date of publication must be done in terms of the Amended B-BBEE ICT Sector Code.

B-BBEE Certificates issues in terms of the 2012 ICT Sector Code prior to the publication of this Amended BBBEE ICT Sector Code, are valid for 12 months from date of issuing of such certificates.

All verifications not concluded should comply with the Amended BBBEE ICT Sector Code.

The 2016 Amended B-BBEE ICT Sector Code is effective from the date of publication, i.e. 7 November 2016. All verifications in the ICT Sector conducted from the date of publication must be done in terms of the Amended B-BBEE ICT Sector Code.
Verifiction Agencies accredited on the 2012 Amended B-BBEE ICT Sector Code must now verify The 2016 Amended B-BBEE ICT Sector Code

Where the Amended B-BBEE ICT Sector Code is silent on certain provisions, including Skills as demonstrated in the example, the provisions of the Amended Generic Code shall take precedence.

The fundamental principle for measuring B-BBEE compliance is that substance takes precedence over legal form.
In interpreting the provisions of the Amended B-BBEE ICT Sector Code any reasonable interpretation consistent with the objectives of the Act and the B-BBEE Strategy must take precedence.
The basis for measuring B-BBEE initiatives under the Amended B-BBEE ICT Sector Code is the B-BBEE compliance of the measured entities at the time of measurement.
Any misrepresentation or attempt to misrepresent any enterprise’s true B-BBEE Status may lead to the disqualification of the entire scorecard of that enterprise.
Initiatives which split, separate or divide enterprises as a means of ensuring eligibility as an Exempted Micro-Enterprise, a Qualifying Small Enterprise or a Start-Up Enterprise are a circumvention of the Act and may lead to the disqualification of the entire scorecard of those enterprises concerned.
Any representation made by an entity about its B-BBEE compliance must be supported by suitable evidence or documentation. An entity that does not provide evidence or documentation supporting any initiative, must not receive any recognition for that initiative.
Wherever a Standard Valuation Method applies to measuring an indicator, the same standard should apply, as far as reasonably possible, consistently in all other applicable calculations in this statement.
Where the Amended B-BBEE ICT Sector Code is silent on certain provisions, the provisions of the Amended Generic Code shall take precedence.

The Amended B-BBEE ICT Sector Code is effective from the date of publication in the government gazette and applies to entities listed under paragraph P above.
All verifications in the ICT Sector conducted from the date of publication must be done in terms of the Amended B-BBEE ICT Sector Code.
B-BBEE Certificates issues in terms of the 2012 ICT Sector Code prior to the publication of this Amended BBBEE ICT Sector Code, are valid for 12 months from date of issuing of such certificates and should be acceptable.

The MICT SETA has published a list of ICT priority skills that will be published on the DTPS website.