Impact of B-BBEE Commission's closure on processes & submissions of documents

The B-BBEE Commission, like many other regulators, has had to close its offices from 27 March to 16 April 2020 (Lockdown Period) as a result of the national lockdown declared on 23 March 2020. All essential meetings between the B-BBEE Commission and clients will be held using video and/or teleconferencing facilities.

In addition, the B-BBEE Commission will not, during this time, accept any documents or correspondence relating to a complaint, transaction, compliance report or any other process referred to in the Broad-based Black Economic Empowerment Regulations, 2016, whether these are filed by email or delivered to the B-BBEE Commission's offices. Documents or correspondence submitted to the B-BBEE Commission during the Lockdown Period will be deemed to have been submitted on 20 April 2020.

The B-BBEE Commission has also granted entities exceptional extensions of time for the following processes:

  • submission of major B-BBEE transactions: parties that have concluded or will conclude a major B-BBEE transaction between 11 March 2020 and 17 April 2020 will be entitled to register their major B-BBEE transaction within 30 calendar days of the end of the Lockdown Period (the normal prescribed timeline for filing a major B-BBEE transaction is within 15 days of its conclusion);
  • submission of B-BBEE compliance reports: all JSE-listed entities, organs of state and public entities, as well as Sector Education and Training Authorities, which are due to submit their B-BBEE compliance reports during the Lockdown Period, will be able to do so within 30 calendar days of the end of the Lockdown Period; and
  • submission of correspondence and documents: all correspondence or documents that have to be submitted to the B-BBEE Commission during the Lockdown Period in relation to responses to allegations in a complaint, responses to findings in an investigation, responses for alignment of major B-BBEE transactions, can be submitted within 30 calendar days of the end of the Lockdown Period.

These indulgences should enable parties to prepare and file or lodge their documents properly with the B-BBEE Commission after the end of the Lockdown Period. Please note that these amended timelines may be adjusted as the situation evolves in South Africa.