BEE Scorecard

 
Cracking the BEE codes

John Etkind

Many of South Africa’s small businesses are white-owned family enterprises needing clarification on how they can comply with the Department of Trade and Industry’s (dti’s) BEE codes of good practice. According the BusinessMap Foundation director, Khehla Shubane, “small enterprises were arguing that the one-size-fits all approach did not suit them, since it would require them to welcome people who did not add value for the sake of complying with the charter.

A BusinessMap report suggests some synergy with black and white-owned businesses might be found in the small enterprise environment. It says small white-owned businesses might have opportunities to score points by developing black skills, buying from black suppliers and helping black enterprise. At the same time, some black-owned emerging companies already comply with BEE requirements but lack the skills to fully exploit preferential opportunities open to them.

South Africa’s small enterprise sector has boomed since 1994, led by a number of factors — amongst them high levels of unemployment, increasing downsizing and retrenchments, the introduction of affirmative action and the Employment Equity Act, and the satisfaction of being the boss regardless of the pain that might bring.
“The more recent trend of supporting and promoting the development of black entrepreneurs through enterprise development on the broad-based BEE scorecard has also made starting a business more attractive for black entrepreneurs,” says Natalie Clow-Wilson, research and special projects manager at Empowerdex. “Although BEE has clearly been one of the drivers of self-employment and the creation of small and micro-enterprises, it is essential that broad-based BEE now successfully transforms the self-employed and small business sector into one that creates jobs and profits.”

She believes that one way to make sure this happens is to effectively implement incentives for procuring from small businesses.

“The draft codes on procurement have specific set-asides for procurement from micro-enterprises and qualifying small enterprises (QSEs),” Clowe-Wilson points out, “but these are problematic in the sense that large businesses are disinclined to award larger contracts to small businesses lest the contract catapults the small business’s turnover to such an extent that it is no longer a ‘qualifying small enterprise’. In such cases, the big company will effectively lose some preferential procurement points.”

An important way to ensure the growth of small enterprises is by decreasing the cost of doing business, Clowe-Wilson believes.

The answer? Tandem franchising, says franchising guru, Eric Parker, the mastermind behind South African home-grown Nando’s Chicken fast food outlets and now an international brand. The concept is a made-in-Heaven solution for BEE prospects looking for a business home and the know-how to go with it.
The tandem franchising system envisages the franchisee buying into the venture with a minimum 10 percent stake, where after he and his franchisor mentor run the business together until the fledgling franchisee is able to manage the business on his own, emulating the company’s successful formula.

The key to how SME’s will fit into the BBBEE scheme of things lies in the codes for QSEs and will differentiate how some small companies will qualify for measurement under the QSE scorecard as opposed to the generic scorecard, and basically rests on the company’s turnover and number of employees, with differentiation between sectors.

“For example,” says Jabu Thobela, a director at Denys Reitz attorneys, “an entity in the retail and motor trade and repair services sector that has an annual turnover of less than R15mn and employs fewer than 50 full-time employees qualifies for measurement in terms of the QSE scorecard. The same entity would not qualify if it fell within the construction sector, where the annual turnover threshold is R5mn, and would have to be measured in terms of the generic scorecard.”

The QSE scorecard lowers the sights somewhat on compliance targets and responds to calls for codes that are easier to manage and implement, and more user-friendly for small businesses.

“What is clear at the very least is that there is a recognition that small businesses should be assessed differently to larger enterprises, public entities and organs of state,” says Thobela.

The regulations or strategy governing the implementation and measurement of BBBEE are set by either the dti’s generic codes of good practice or an industry-specific transformation charter. They are due for signature by the minister of trade and industry.

Paul Janisch, CEO of BEE specialists Caird Consulting, says the act only provides guidelines to how BBBEE should be constructed, while the finer detail has been left to the codes of good practice.

“Companies are more than happy to comply with regulations,” maintains Janisch, “but they need clarity. They also do not wish to begin a comprehensive empowerment process using one scorecard, to discover that their new charter has set different targets.”

Neva Makgetla, economist with Cosatu, says negotiations on sector charters and the empowerment regulations often end up in class wars, as different groups try to grab more benefits or avoid costs. “This new version of class conflict emerges because the BBBEE Act moves beyond ownership to give all major stakeholders in the black community a chance to win something. The result is endless debates over who should get how much.”

She maintains that rising black businesspeople want more ownership, more financing and less risk while workers demand higher targets for skills development, employment equity and local procurement to safeguard jobs, and communities want more appropriate, lower-cost services.

“Labour and poor communities prefer collective forms of ownership such as pension funds and community trusts, over shareholding by a few rich individuals,” she observes. “And Union members fear big companies will boost their empowerment scores by outsourcing activities to black entrepreneurs at the cost of workers’ conditions and security.”

The hardest nut to crack

Early into its tenure the new government made a substantial commitment of people and resources to small business development. In fact, this was the first high-profile new programme of the department of trade and industry. It was prominent because it fitted into the ANC’s view that the economy was unbalanced in favour of the giant conglomerates, and that small business development was a key strategy for the economic advancement of historically disadvantaged individuals and communities.

In the early 1990s, it was estimated that there were at least 500 000 black-owned businesses in South Africa, including some 100 000 taxis, 150 000 hawkers and vendors, 50 000 small shopkeepers, 70 000 backyard manufacturers and around 40 percent of all liquor was sold was sold in ‘shebeens’, in the black townships.
By making small business its initial BEE focus, the dti was unknowingly jumping in at the deep end. The challenge of building new institutions to support a constituency as weak, politically and economically, as small black business, stretched the capabilities of a fledgling administration. As a business consultancy later put it, “The small and medium enterprise sector was the hardest nut to crack.”

This article was first published in Business in Africa Magazine, June 2006.

Source: www.businessinafrica.net, 19 July 2006

 
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