Let’s say you’re Tsogo Sun and you need a level 2 under the revised codes – maybe you should start exiting the gambling game

The first thing you need to understand is how many points you need to be a level 2 under the revised codes. Id est

Contribution Level

2007 Codes

2013 Codes

Recognition level

Level One

≥ 100 points

≥ 100 points

135%

Level Two

≥ 85 points but < 100 points

≥ 95 points but < 100 points

125%

Level Three

≥ 75 points but < 85 points

≥ 90 points but < 95 points

110%

Level Four

≥ 65 points but < 75 points

≥ 80 points but < 90 points

100%

Level Five

≥ 55 points but < 65 points

≥ 75 points but < 80 points

80%

Level Six

≥ 45 points but < 55 points

≥ 70 points but < 75 points

60%

Level Seven

≥ 40 points but < 45 points

≥ 55 points but < 70 points

50%

Level Eight

≥ 30 points but < 40 points

≥ 40 points but < 55 points

10%

Non-Compliant Contributor

< 30 points

< 40 points

0%

Gaming companies need to achieve a level 2 BEE score in order to retain their gambling licence. The scenario below is a speculative maximum score that Tsogo Sun might hope for under the revised codes. The score is probably too generous. It will take quite a few years for them to get to a level 2.

2007 Codes

2013 Codes

Element

Weighting (excluding bonus points)

Tsogo Sun 2013 score

Element

Actual points as per each code (excluding bonus points)

Possible Tsogo Sun score

Ownership

20

23

Ownership (priority element)

25

25

Management

10

4.44

Management control

19

5.3

Employment Equity

15

10.91

Skills development (priority element)

20

10

Skills development

15

13.45

Enterprise and Supplier Development (priority element)

40

19.5

Preferential procurement

20

18.38

Socio-economic development

5

5

Enterprise Development

15

15

 

  

  

Socio-economic development

5

5

  

  

  

TOTAL

100

90.18 (level 2)

  

109

64.8

         

Level 7, but Preferential Procurement subminimum has not been met, demoted to a level 8

They've been demoted to a level 8 under procurement because it's going to take years for their suppliers to get to an acceptable score under the revised codes.  The submminimum under the revised codes is not going to be reached in a hurry.

Subdivision 

Total Points 

Required subminimum 

Preferential Procurement 

25 

10 

Supplier Development 

10 

4 

Enterprise Development 

5 

2 

TOTAL 

40 

16 

Their only hope is to allocate 40% of their spend to 50% black owned businesses (many of which need to be black women owned). I don't think this will happen. Even if they do they are not going to get to a level 2. What then becomes of their gaming licence? It's managed by a DTI company – I think it's under an absolute threat. It's not likely that the clerk or board that considers the longevity of such a licence will understand why Tsogo has not hit its level 2 under the revised codes.

As a matter of interest there is a large group who have expressed a desire to support our action against the minister. I'll keep you posted.

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