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The document provides information on measuring management control and skills development according to the revised Black Economic Empowerment (B-BBEE) Codes of Good Practice in South Africa. It discusses the indicators and formulas used to measure management control, which focuses on black representation at executive, senior, middle, and junior management levels. It also outlines the scorecard and criteria for measuring skills development expenditures aimed at developing black employees and unemployed black people. Compliance targets are based on national demographic representation data from sources like the labour force survey.

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GENERAL PRINCIPLES FOR MEASURING MANAGEMENT CONTROL & SKILLS DEVELOPMENT 29 January, 2014
INTRODUCTION Revised B-BEE Codes of Good Practice were gazetted in October 2013. The revised Codes also measure : Management Control and Skills Development. Management Control element encourages the employment of black people in management positions which are core to the company. Skills Development measures the extent to which employers develop competencies of black people internally and externally. The Management Control element seeks to address: representation of black people at executive board level with the intention of changing the face of executive directorships of companies; and involvement of black people in the daily operations and strategic decision-making at management level. In the old Codes - Management control and the employment equity separate elements. They have been fused into one. Management Control carried 10 points and employment equity carried 15 points. Under the revised Codes Management Control carries 15 points. 2
MANAGEMENT CONTROL - WHO IS A BLACK PERSON? In terms of Employment Equity Act (EEA) black people is a generic term which means an African, Coloured and Indian: (a) who are citizens of the Republic of South Africa by birth or descent; or (b) who became citizens of the Republic of South Africa by naturalisation (i) before 27 April 1994; (ii) on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation prior to that date, but who were precluded by apartheid policies. 3
INDICATORS FOR MEASURING MANAGEMENT CONTROL CONTRIBUTIONS The Codes use 6 criteria for deriving a score for Management Control, namely: Board participation; Other Executive Management; Senior Management; Middle Management; Junior Management; and Employees with disabilities. 4
MANAGEMENT CONTROL SCORECARD Weighing Points Compliance targets 2 50% 1 25% 2.1.3 Black Executive directors as a percentage of all executive directors 2 50% 2.1.4 Black female Executive directors as a percentage of all executive directors 1 25% 2.2.1 Black Executive Management as a percentage of all executive directors 2 60% 2.2.2 Black female Executive Management as a percentage of all executive directors 1 30% Measurement Category & Criteria 2.1 Board Participation: 2.1.1 Exercising voting rights of black board members as a percentage of all board members 2.1.2 Exercising voting rights of black female board members as a percentage of all board members 2.2 Other Executive Management 5
MANAGEMENT CONTROL SCORECARD (contd) 2.3 Senior Management 2.3.1 Black employees in Senior Management as a percentage of all management 2 60% 2.3.2 Black female employees in Senior Management as a percentage of all management 1 30% 2.4.1 Black employees in Middle Management as a percentage of all middle management 2 75% 2.4.2 Black female employees in Middle Management as a percentage of all middle management 1 33% 2.5.1 Black employees in Junior Management as a percentage of all junior management 1 88% 2.5.2 Black female employees in Junior Management as a percentage of all junior management 1 44% 2 2% 2.4 Middle Management 2.5 Junior Management 2.6 Employees with disabilities 2.6.1 Black employees with disabilities as a percentage of all employees 6
DEMOGRAPHIC REPRESENTATION Regarding senior, middle and junior management - compliance targets for the Management Control Scorecard are based on the overall demographic representation of black people as defined in the Regulations to the EEA and Commission on Employment Equity Report, as amended. In determining a measured entitys score, a further breakdown of the targets into specific criteria according to the different race sub-groups within the definition of black in terms of the EEA on an equitable basis is required. Employers are required to consider the economical active population according to race and gender, taking into account the demographic profile of national and regional economical active population. This interpretation is available for Labour force survey, Department of Labour website or statistics South Africa and of course the employer can use other relevant demographic data sources when conducting an analysis of the workplace. 7
MANAGEMENT CONTROL HOW ARE THE POINTS OBTAINED? A measured entity receives points by meeting the targets for participation of black people and black women at Board, Executive and Other Management levels. If an entity, however, does not distinguish between the Other Executive Management and Senior Management, then executive management is measurable as a single indicator with the weighing of six (6) points under paragraph 2.2.1 and 2.2.2 split as 4 and 2 points respectively. An entity must use the current payroll data in calculating its score under Management Control. 8
DETERMINATION OF EXECUTIVE MANAGEMENT Executive Management includes positions such as CEO, COO, CFO and other executive managers that serve on the Board of Directors. Other Executive Management positions include all executive management that do not serve on the Board such as HR Executives, Transformation Executives and people in similar positions. The above is in contrast with the EEA Regulations which define the Senior Manager to include the CEO, COO, CFO and other managers that serve on the Board of Directors. 9
FORMULAS FOR MEASUREMENT OF MANAGEMENT CONTROL INDICATORS The criterion for the management scorecard is measured using three formulas set out in Annexe 200 (A). Further clarity would need to be provided by the DTI regarding how these formulas are to be applied. At present, it is very confusing and many entities are still unable to figure out their exact application. 10
A: MEASUREMENT OF SENIOR MANAGEMENT, MIDDLE MANAGEMENT, AND JUNIOR MANAGEMENT. The calculation of the Management Control indicator provided for in paragraphs, 2.3.1 2.5.2 is as follows: . For each indicator where: A is the percentage of Black employees for each occupational level as measured in the Management Control Scorecard using the annual EAP targets as published in the Regulations of Employment Equity Act and Commission on Employment Equity Report, as amended from time to time. AM is the percentage of employees in the measurement category that are African Males. CM is the percentage of employees in the measurement category that are Coloured Males. IM is the percentage of employees in the measurement category that are Indian Males. AF is the percentage of employees in the measurement category that are African Females. CF is the percentage of employees in the measurement category that are Coloured Females. IF is the percentage of employees in the measurement category that are Indian Females. C is the compliance target as per the Regulations of Employment Equity Act and Commission on Employment Equity Report for that measurement sub-category. 11
B: MEASUREMENT OF MANAGEMENT CONTROL INDICATORS ANNEXE 200A The management control criteria provided for in paragraphs 2.1, 2.2, is calculated as follows: Where A is the score achieved in respect of a Measured Entity subject to measurement for the management control criteria specified in paragraph 2.1, 2.2. B is the of Voting Rights in the hands of black members of the Board as percentage of Voting Rights of all members of the Board in the Measured Entity. Or B is the percentage of all employees in the executive and other executive management category that are black people of that Measured Entity. Or B is the percentage of black employees as calculated in Formula A. C is the percentage compliance target in respect of the applicable management control criteria being measured as specified in paragraph 2.1, 2.2, 2.3, 2.4, and 2.5. D means the weighting points allocated to the applicable management control criteria being measured as specified in paragraph 2.1, 2.2, 2.3, 2.4, and 2.5. 12
C: MEASUREMENT OF EMPLOYEES WITH DISABILITIES The measurement of the criteria under paragraph 2.6 of the Management Control scorecard is as follows: Where A is the score for the given criteria as referred to in paragraph 2.6.1 of the scorecard under statement 200. B is the total number of black employees with disability as a percentage of all employees. C is the target for the applicable criteria as referred to in the scorecard under statement 200. D is the Weighting for the applicable criteria as referred in the scorecard under statement 200. 13
SKILLS DEVELOPMENT 14
SKILLS DEVELOPMENT The Skills Development Element: measures the extent to which employers carry out initiatives designed to develop the competitiveness of black employees and black people internally and externally. has been increased in weighting to 25 points. is one of the priority elements. A measured entity must achieve a minimum of 40% of the total weighting points for skills development. 15
SCORE CARD FOR MEASURING SKILLS DEVELOPMENT Indicators Expenditure on the following: Learning Program Matrix For black people For black employees Learnerships, Apprenticeships and Internships Bonus points may be earned for training unemployed black persons and the number of black people absorbed at the end of the learnership programmes. Further breakdown per racial category (determining target for each racial group within the definition of black). 16
EXPENDITURE AND TRAINING Expenses incurred for any Learning Programme offered by a measured entity and its employees. Informal training cannot represent more than 15% of the total value of the skills development expenditure. Accommodation, catering and travelling costs cannot exceed 15% of the total value of the expenditure. Scholarships and bursaries to employees (if recoverable do not constitute skills development expenditure). Foreign qualifications to be considered as expenditure and must meet the South African Qualification Authority requirements. 17
THANK YOU Sandile July Date Legal notice: Nothing in this presentation should be construed as formal legal advice from any lawyer or this firm. Readers are advised to consult professional legal advisors for guidance on legislation which may affect their businesses. 息 2014 Werksmans Incorporated trading as Werksmans Attorneys. All rights reserved.

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Sandilejuly beeseminar29jan2014-140129072114-phpapp01

  • 1. GENERAL PRINCIPLES FOR MEASURING MANAGEMENT CONTROL & SKILLS DEVELOPMENT 29 January, 2014
  • 2. INTRODUCTION Revised B-BEE Codes of Good Practice were gazetted in October 2013. The revised Codes also measure : Management Control and Skills Development. Management Control element encourages the employment of black people in management positions which are core to the company. Skills Development measures the extent to which employers develop competencies of black people internally and externally. The Management Control element seeks to address: representation of black people at executive board level with the intention of changing the face of executive directorships of companies; and involvement of black people in the daily operations and strategic decision-making at management level. In the old Codes - Management control and the employment equity separate elements. They have been fused into one. Management Control carried 10 points and employment equity carried 15 points. Under the revised Codes Management Control carries 15 points. 2
  • 3. MANAGEMENT CONTROL - WHO IS A BLACK PERSON? In terms of Employment Equity Act (EEA) black people is a generic term which means an African, Coloured and Indian: (a) who are citizens of the Republic of South Africa by birth or descent; or (b) who became citizens of the Republic of South Africa by naturalisation (i) before 27 April 1994; (ii) on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation prior to that date, but who were precluded by apartheid policies. 3
  • 4. INDICATORS FOR MEASURING MANAGEMENT CONTROL CONTRIBUTIONS The Codes use 6 criteria for deriving a score for Management Control, namely: Board participation; Other Executive Management; Senior Management; Middle Management; Junior Management; and Employees with disabilities. 4
  • 5. MANAGEMENT CONTROL SCORECARD Weighing Points Compliance targets 2 50% 1 25% 2.1.3 Black Executive directors as a percentage of all executive directors 2 50% 2.1.4 Black female Executive directors as a percentage of all executive directors 1 25% 2.2.1 Black Executive Management as a percentage of all executive directors 2 60% 2.2.2 Black female Executive Management as a percentage of all executive directors 1 30% Measurement Category & Criteria 2.1 Board Participation: 2.1.1 Exercising voting rights of black board members as a percentage of all board members 2.1.2 Exercising voting rights of black female board members as a percentage of all board members 2.2 Other Executive Management 5
  • 6. MANAGEMENT CONTROL SCORECARD (contd) 2.3 Senior Management 2.3.1 Black employees in Senior Management as a percentage of all management 2 60% 2.3.2 Black female employees in Senior Management as a percentage of all management 1 30% 2.4.1 Black employees in Middle Management as a percentage of all middle management 2 75% 2.4.2 Black female employees in Middle Management as a percentage of all middle management 1 33% 2.5.1 Black employees in Junior Management as a percentage of all junior management 1 88% 2.5.2 Black female employees in Junior Management as a percentage of all junior management 1 44% 2 2% 2.4 Middle Management 2.5 Junior Management 2.6 Employees with disabilities 2.6.1 Black employees with disabilities as a percentage of all employees 6
  • 7. DEMOGRAPHIC REPRESENTATION Regarding senior, middle and junior management - compliance targets for the Management Control Scorecard are based on the overall demographic representation of black people as defined in the Regulations to the EEA and Commission on Employment Equity Report, as amended. In determining a measured entitys score, a further breakdown of the targets into specific criteria according to the different race sub-groups within the definition of black in terms of the EEA on an equitable basis is required. Employers are required to consider the economical active population according to race and gender, taking into account the demographic profile of national and regional economical active population. This interpretation is available for Labour force survey, Department of Labour website or statistics South Africa and of course the employer can use other relevant demographic data sources when conducting an analysis of the workplace. 7
  • 8. MANAGEMENT CONTROL HOW ARE THE POINTS OBTAINED? A measured entity receives points by meeting the targets for participation of black people and black women at Board, Executive and Other Management levels. If an entity, however, does not distinguish between the Other Executive Management and Senior Management, then executive management is measurable as a single indicator with the weighing of six (6) points under paragraph 2.2.1 and 2.2.2 split as 4 and 2 points respectively. An entity must use the current payroll data in calculating its score under Management Control. 8
  • 9. DETERMINATION OF EXECUTIVE MANAGEMENT Executive Management includes positions such as CEO, COO, CFO and other executive managers that serve on the Board of Directors. Other Executive Management positions include all executive management that do not serve on the Board such as HR Executives, Transformation Executives and people in similar positions. The above is in contrast with the EEA Regulations which define the Senior Manager to include the CEO, COO, CFO and other managers that serve on the Board of Directors. 9
  • 10. FORMULAS FOR MEASUREMENT OF MANAGEMENT CONTROL INDICATORS The criterion for the management scorecard is measured using three formulas set out in Annexe 200 (A). Further clarity would need to be provided by the DTI regarding how these formulas are to be applied. At present, it is very confusing and many entities are still unable to figure out their exact application. 10
  • 11. A: MEASUREMENT OF SENIOR MANAGEMENT, MIDDLE MANAGEMENT, AND JUNIOR MANAGEMENT. The calculation of the Management Control indicator provided for in paragraphs, 2.3.1 2.5.2 is as follows: . For each indicator where: A is the percentage of Black employees for each occupational level as measured in the Management Control Scorecard using the annual EAP targets as published in the Regulations of Employment Equity Act and Commission on Employment Equity Report, as amended from time to time. AM is the percentage of employees in the measurement category that are African Males. CM is the percentage of employees in the measurement category that are Coloured Males. IM is the percentage of employees in the measurement category that are Indian Males. AF is the percentage of employees in the measurement category that are African Females. CF is the percentage of employees in the measurement category that are Coloured Females. IF is the percentage of employees in the measurement category that are Indian Females. C is the compliance target as per the Regulations of Employment Equity Act and Commission on Employment Equity Report for that measurement sub-category. 11
  • 12. B: MEASUREMENT OF MANAGEMENT CONTROL INDICATORS ANNEXE 200A The management control criteria provided for in paragraphs 2.1, 2.2, is calculated as follows: Where A is the score achieved in respect of a Measured Entity subject to measurement for the management control criteria specified in paragraph 2.1, 2.2. B is the of Voting Rights in the hands of black members of the Board as percentage of Voting Rights of all members of the Board in the Measured Entity. Or B is the percentage of all employees in the executive and other executive management category that are black people of that Measured Entity. Or B is the percentage of black employees as calculated in Formula A. C is the percentage compliance target in respect of the applicable management control criteria being measured as specified in paragraph 2.1, 2.2, 2.3, 2.4, and 2.5. D means the weighting points allocated to the applicable management control criteria being measured as specified in paragraph 2.1, 2.2, 2.3, 2.4, and 2.5. 12
  • 13. C: MEASUREMENT OF EMPLOYEES WITH DISABILITIES The measurement of the criteria under paragraph 2.6 of the Management Control scorecard is as follows: Where A is the score for the given criteria as referred to in paragraph 2.6.1 of the scorecard under statement 200. B is the total number of black employees with disability as a percentage of all employees. C is the target for the applicable criteria as referred to in the scorecard under statement 200. D is the Weighting for the applicable criteria as referred in the scorecard under statement 200. 13
  • 15. SKILLS DEVELOPMENT The Skills Development Element: measures the extent to which employers carry out initiatives designed to develop the competitiveness of black employees and black people internally and externally. has been increased in weighting to 25 points. is one of the priority elements. A measured entity must achieve a minimum of 40% of the total weighting points for skills development. 15
  • 16. SCORE CARD FOR MEASURING SKILLS DEVELOPMENT Indicators Expenditure on the following: Learning Program Matrix For black people For black employees Learnerships, Apprenticeships and Internships Bonus points may be earned for training unemployed black persons and the number of black people absorbed at the end of the learnership programmes. Further breakdown per racial category (determining target for each racial group within the definition of black). 16
  • 17. EXPENDITURE AND TRAINING Expenses incurred for any Learning Programme offered by a measured entity and its employees. Informal training cannot represent more than 15% of the total value of the skills development expenditure. Accommodation, catering and travelling costs cannot exceed 15% of the total value of the expenditure. Scholarships and bursaries to employees (if recoverable do not constitute skills development expenditure). Foreign qualifications to be considered as expenditure and must meet the South African Qualification Authority requirements. 17
  • 18. THANK YOU Sandile July Date Legal notice: Nothing in this presentation should be construed as formal legal advice from any lawyer or this firm. Readers are advised to consult professional legal advisors for guidance on legislation which may affect their businesses. 息 2014 Werksmans Incorporated trading as Werksmans Attorneys. All rights reserved.