Companies are abusing workers trust to hack B-BBEE

Ujuh Reporter
More and more companies are fronting their employees through (questionable) trusts to gain Broad-Based Black Economic Empowerment (BBBEE) points, says BBBEE Commissioner Zodwa Ntuli.
“Although complaints decreased slightly this year, fronting practice remains constant. We find more and more companies’ schemes fronting workers through trusts. As a Commission, we are looking forward to the Minister of Trade and Industry, Dr Rob Davies issuing the statement on broad-based schemes following the retraction in 2015,” said Ntuli.
Ntuli’s statement resonates with trends observed by ujuh, the alternative business and economy news platform. The scandal surrounding the G4S’s wokers BBBEE deal gone wrong is one case in point.
Ntuli was speaking in Parliament today where she briefed Members of Parliament belonging to the Select Committee on Trade and International Relations on the work of the Commission since its inception in 2016.
The Commission reported that the 83% of the 334 complaints that it handled as part of its objective of Implementing corrective enforcement to achieve compliance with the Broad-Based Black Economic Empowerment Act related to fronting practices.
She added that there were also more opportunistic intermediaries and existing entities creating new 51% black-owned entities through which they do business.
“We have issued 45 companies with findings and most are being referred for prosecution and criminal investigation. We issued 63 non-investigations on lack of jurisdiction and no merit, but these have shown us fronting practices date back as early as 2003. Companies such as Servest, Tempest Fire, Mammoet SA, Kearley Transport, Colentrade and Zimele Broadcasting resolved their complaints through the Alternative Dispute Resolution process that is allowed for in the Act,” said Ntuli.
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