Gazette of Amended Property Sector Code Change to the APSC

Similar documents
Welcome.

TABLE OF CONTENT. SECTION 2 Transformation Statistics Of The Residential Industry (14 slides)

THE FSC JOURNEY SUMMARY OF THE NEW FSC CODES. 31 January 2017 Sandton, Jhb. Copyright Alternative Prosperity Advisory and Products (Pty) Ltd, 2015

Portfolio Committee on Trade and Industry. Parliament, Cape Town 21 October 2016

Government Gazette Staatskoerant

Amended B BBEE Codes What you need to know!

CODES OF GOOD PRACTICE ON BROAD BASED BLACK ECONOMIC EMPOWERMENT

Codes of Good Practice on Broad-Based Black Economic Empowerment: Amended Financial Sector Code 2017

Baseline Study on the State of Transformation in the Tourism Sector

Amended B BBEE Codes What you need to know!

BROAD BASED BLACK ECONOMIC EMPOWERMENT ACT SECTION 9 (1) CODES OF GOOD PRACTICE AS AMENDED SCHEDULE 2

CODES OF GOOD PRACTICE FOR THE SOUTH AFRICAN MINERALS INDUSTRY

FINANCIAL SECTOR CODE

Arrangement of this statement

An EMPOWERDEX Guide. The Codes of Good Practice. Codes Definitions

BROAD BASED BLACK ECONOMIC EMPOWERMENT VERIFICATION CERTIFICATE

AMENDMENTS TO THE BBBEE ACT AND THE CODES

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No dated 02 February 1998 CONTENTS INHOUD GOVERNMENT NOTICE

STRATEGIES FOR TRANSFORMATION SUCCESS. Ownership in AgriBEE

GUIDANCE NOTE GN100 on CODE SERIES FS100, STATEMENT 100 RULES GOVERNING THE PROVISION OF BLACK BUSINESS GROWTH FUNDING: OWNERSHIP

BEE Calculations contents

March Implementation of Broad Based Black Economic Empowerment (B-BBEE) Challenges faced by organs of state

IRBA Registration No: B Tel: Fax: Date of issue: 08 March 2016

Overview. Broad-Based Black Economic Empowerment (B-BBEE) in terms of Act 53 of 2003 and amended by Act 46 of 2013.

GUIDE BROAD-BASED BLACK ECONOMIC EMPOWERMENT

BROAD-BASED BLACK ECONOMIC EMPOWERMENT COMMISSION EXPLANATORY NOTICE 2 OF 2017

AMENDMENTS TO THE BBBEE ACT AND THE CODES

MINING CHARTER SCORECARD

BLACK ECONOMIC EMPOWERMENT ALERT

B-BBEE. Codes of Practice. Presented by: Prakash Singh. 10-Jul-17 1

LEGAL BRIEF NOVEMBER Introduction

Preliminary BEE Verification Report

BROAD-BASED BLACK ECONOMIC EMPOWERMENT TRANSACTION 18 December 2018

Understanding the key elements of BEE: Charters, Scorecards and Codes of Good Practice for the Mining Industry

Please note that this process must be completed within 2 months from date of signing the Budget Breakdown to certification

Enterprise and Supplier Development (ESD) now counts 40 points on the revised B-BBEE Scorecard

Electronic Communications Amendment Bill (ECA Bill)

TRANSFORMATION POLICY

IS THE TENANT OR LANDLORD RESPONSIBLE FOR THE WATER LEAKS?

CONSTRUCTION MONITOR Transformation Q4 2014

REQUEST FOR PROPOSALS (RFP)

DISCUSSION DOCUMENT ON THE TRANSFORMATION POLICY FOR THE GAMING AND BETTING INDUSTRY IN THE PROVINCE OF KWAZULU-NATAL

DETAILED TERMS ANNOUNCEMENT RELATING TO ALEXANDER FORBES PROPOSED 2

The Director-General National Treasury Private Bag X115 PRETORIA 0001

MBD 6.1 (EFFECTIVE FROM APRIL 2017) PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017

METANC}IA ffi&y$ F*ffiS

NAMIBIAN FINANCIAL SECTOR CHARTER (NFSC)

ADDRESS BY MINISTER OF MINERAL RESOURCES, MOSEBENZI ZWANE (MP) AT THE BLACK BUSINESS COUNCIL (BBC) BUSINESS BREAKFAST, 18 TH AUGUST 2017

DRAFT STATEMENT 005 OF 2017 FOR BROAD-BASED BLACK ECONOMIC EMPOWERMENT THE B-BBEE VERIFICATION PROFESSIONAL REGULATOR

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017

TRANSFORMATION POLICY OF THE SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED

Southern African-German Chamber of Commerce and Industry Enterprise and Supplier Development Fund

Sasol Limited BEE Transaction Media Briefing

9 Saint Davids Place, Parktown, 2193

REQUEST FOR QUOTATIONS (RFQ)

SAFCOL Presentation to Parliamentary Portfolio Committee on Public Enterprises

BUDGET 2018: Long on Spending, Short on Growth

OVERVIEW OF THIS APPLICATION FORM

Government Gazette Staatskoerant

1. INTRODUCTION 2. THE PROCESS

INVITATION TO SUBMIT QUOTATIONS

Learnership / Full Qualification details:

BLACK ECONOMIC EMPOWERMENT IN SOUTH AFRICA STATEMENT 103 : THE MULTINATIONALS CODE RELYING ON EQUITY EQUIVALENTS? DON'T HOLD YOUR BREATH

ABVA BEST PRACTICE NOTES

REQUEST FOR QUOTATION (RFQ) YOU ARE HEREBY INVITED TO SUBMIT OFFER TO THE DENEL CORPORATE OFFICE

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017

SOUTH AFRICAN NATIONAL PARK REQUEST FOR QUOTATION

Raymond Martin.

AFRICA. A Legal Guide for Business Investment and Expansion SOUTH AFRICA

Introduction to EDD Annual Performance Plan

CONSTRUCTION MONITOR Transformation Q4 2017

Harvest BEE Solutions is a division of Harvest Chartered Accountants Inc. IRBA B-BBEE approved Auditors

NDT Briefing to the SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS

The HRTorQue REPORTER

PRESENTATION TO THE SELECT COMMITTEE ON PUBLIC SERVICES DPW STRATEGIC PLAN AND BUDGET FOR 2012/13 15 MAY 2012

DOCUMENTS ARE OBTAINABLE AT NO COST FROM: SPECIAL CONDITION/S: Preference will be given to registered cooperatives

Information note. Revitalization of the Palestinian Fund for Employment and Social Protection

Enterprise Development Fund- Concept Idea. March 2014

NewFunds NewSA Index Exchange Traded Fund. Corporate and Investment Banking

Click to edit Master title style

SAFCOL s Annual Financial Statements and Report For the year ended 31 March 2011

IMMIGRATION ROUTES TO REMAIN IN THE UK POST STUDIES

"PREVIEW COPY ONLY" TRANSNET SOC LTD. REQUEST FOR QUOTATION [RFQ] No RME JHB 213/2014. TRANSNET FREIGHT RAIL RME, a division of

Prosperous society. Sanlam Sustainability Report 2014

Submission to the Independent Communications Authority of South Africa

Training: Cooperative Management Training Programme DOCUMENTS ARE OBTAINABLE AT NO COST FROM:

PROGRESS WITH THE NATIONAL INFRASTRUCTURE MAINTENANCE STRATEGY

PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE

University Estates: Facilities Planning & Facilities Management

REGISTRAR S DIVISION EMPLOYMENT EQUITY PLAN AND REPORT

City of Johannesburg Supply Chain Management Unit

TENDER DOCUMENT FOR CATERING

For personal use only

PRESENTATION TO PORTFOLIO COMMITTEE ON HUMAN SETTLEMENTS OCTOBER 2017 INTEGRATED ANNUAL REPORT 2017

CENTRAL SUPPLIER. DATABASE No: B-BBEE STATUS LEVEL SWORN AFFIDAVIT

REQUEST FOR QUOTATION [RFQ]

2016/2017 Budget Presentation A stable and incremental budget

ANNEXURE A: TAX CLEARANCE SBD 2

Third-party cell captives as an enabler for transformation in the insurance sector

i Fundi Community of Experts Broad-Based Black Economic Empowerment & BBBEE Ownership after the 11 th Oct 2013

Transcription:

Gazette of Amended Property Sector Code Change to the APSC State of Transformation for the REITS Property Sector Intervention plans Role BBBEE Commission Presidential Requests

AMENDED PROPERTY SECTOR CODE Amended PSC gazetted on 9 th June 2017 Gazette No.40910

Gazette of Amended Property Sector Code Change to the APSC State of Transformation for the REITS Property Sector Intervention plans Role BBBEE Commission Presidential Requests

CHANGES TO THE AMENDED PROPERTY SECTOR CODE APPLICABLE ELEMENTS Ownership Management Control Employment Equity Skill Development Preferential Procurement Enterprise Development Socio-Economic Development Old PSC Economic Development TOTAL 8

CHANGES TO THE AMENDED PROPERTY SECTOR CODE APPLICABLE ELEMENTS Ownership Management Control Employment Equity Skill Development Preferential Procurement Enterprise Development Socio-Economic Development Old PSC Amended PSC Economic Development TOTAL 8 7

CHANGES TO THE AMENDED PROPERTY SECTOR CODE APPLICABLE ELEMENTS Old PSC Amended PSC Ownership Management Control Employment Equity Skill Development Preferential Procurement Enterprise Development Merged to be Enterprise & Supplier Development Socio-Economic Development Economic Development TOTAL 8 7

CHANGES TO THE AMENDED PROPERTY SECTOR CODE APPLICABLE ELEMENTS Old PSC Amended PSC Ownership Management Control Employment Equity Management Control & Employment Equity remain split Skill Development Preferential Procurement Enterprise Development Merged to be Enterprise & Supplier Development Socio-Economic Development Economic Development TOTAL 8 7

CHANGES TO THE AMENDED PROPERTY SECTOR CODE WEIGHTING POINTS Old PSC Ownership 20 Management Control 10 Employment Equity 15 Skill Development 15 Preferential Procurement 20 Enterprise Development 10 Socio-Economic Development 2 Economic Development 15 TOTAL 107 Amended PSC 30 9 13 19 39 2 5 117 Diff % 50% -10% -13% 27% 30% 0% -67% 9%

CHANGES TO THE AMENDED PROPERTY SECTOR CODE WEIGHTING POINTS Old PSC Ownership 20 Management Control 10 Employment Equity 15 Skill Development 15 Preferential Procurement 20 Enterprise Development 10 Socio-Economic Development 2 Economic Development 15 TOTAL 107 Amended PSC 30 9 13 19 39 2 5 117 Diff % 50% -10% -13% 27% 30% 0% -67% 9%

CHANGES TO THE AMENDED PROPERTY SECTOR CODE WEIGHTING POINTS Old PSC Ownership 20 Management Control 10 Employment Equity 15 Skill Development 15 Amended PSC 30 9 13 19 Diff % 50% -10% -13% 27% Enterprise & Supplier Development 20 10 39 30% Socio-Economic Development 2 Economic Development 15 TOTAL 107 2 5 117 0% -67% 9%

Principles 3 Priority Elements Elements that require focus and concerted effort Minimum threshold of 40% Failure to meet the minimum requirement of 40% Discount of one level down from the total final level score CHANGES TO THE AMENDED PROPERTY SECTOR CODE PRIORITY ELEMENTS

CHANGES TO THE AMENDED PROPERTY SECTOR CODE PRIORITY ELEMENTS Principles 3 Priority Elements Elements that require focus and concerted effort Minimum threshold of 40% Failure to meet the minimum requirement of 40% Discount of one level down from the total final level score 3 Priority Elements Ownership Skill Development Enterprise & Supplier Development

CHANGES TO THE AMENDED PROPERTY SECTOR CODE PRIORITY ELEMENTS Principles 3 Priority Elements Elements that require focus and concerted effort Minimum threshold of 40% Failure to meet the minimum requirement of 40% Discount of one level down from the total final level score 3 Priority Elements Ownership Skill Development Enterprise & Supplier Development

PRIORITY ELEMENTS CHANGES TO THE AMENDED PROPERTY SECTOR CODE Principles 3 Priority Elements Elements that require focus and concerted effort Minimum threshold of 40% Failure to meet the minimum requirement of 40% Discount of one level down from the total final level score 3 Priority Elements Ownership 40% of the Net Value schedule targets must be realised Skill Development 40% of total Weighting Points Enterprise & Supplier Development 40% of total Weighting points for sub-categories of the ESD namely: Preferential Procurement Supplier Development Enterprise Development

CHANGES TO THE AMENDED PROPERTY SECTOR CODE PRIORITY ELEMENTS Principles 3 Priority Elements Elements that require focus and concerted effort Minimum threshold of 40% Failure to meet the minimum requirement of 40% Discount of one level down from the total final level score B-BBEE Contributor Status Level One Level Two Level Three Level Four Level Five Level Six Level Seven Level Eight Non-Compliant 100 points New Qualification 95 but <100 points 90 but <95 points 80 but <90 points 75 but <80 points 70 but <75 points 55 but <70 points 40 but <55 points <40 points

CHANGES TO THE AMENDED PROPERTY SECTOR CODE Black Voting Rights Ownership Weighting Points = 30 Black Economic Interest Economic Interest Groups & New Entrants Net Equity -Schedule

CHANGES TO THE AMENDED PROPERTY SECTOR CODE OWNERSHIP Amended PSC Weighting Points Ownership 30 Management Control 9 Employment Equity 13 Skill Development 19 Enterprise and Supplier Development 39 Socio-Economic Development 2 Economic Development 5 TOTAL 117

CHANGES TO THE AMENDED PROPERTY SECTOR CODE OWNERSHIP Amended PSC Weighting Points Ownership 30 Management Control 9 Employment Equity 13 Skill Development 19 Enterprise and Supplier Development 39 Socio-Economic Development 2 Economic Development 5 TOTAL 117

Bonus OWNERSHIP (30) CHANGES TO THE AMENDED PROPERTY SECTOR CODE OWNERSHIP Property owning companies Black Voting rights 27% 4 Black Women Voting Rights 10% 2 Black Economic Interest 27% 4 Black Women Economic Interest 10% 2 Black Economic Interest groups 2.5% 4 Black New Entrants 2% 2 8 Net Equity Schedule Financial Support to Black 1-3yrs -1% 4 companies 4-5yrs - 2% Disposal of asset to 51% Black 35% 3 owned TOTAL 30+3 Amended PSC Weighting Points Ownership 30 Management Control 9 Employment Equity 13 Skill Development 19 Enterprise and Supplier Development 39 Socio-Economic Development 2 Economic Development 5 TOTAL 117

Bonus OWNERSHIP (30) CHANGES TO THE AMENDED PROPERTY SECTOR CODE OWNERSHIP Property owning companies Black Voting rights 27% 4 Black Women Voting Rights 10% 2 Black Economic Interest 27% 4 Black Women Economic Interest 10% 2 Black Economic Interest groups 2.5% 4 Black New Entrants 2% 2 8 Net Equity Schedule Financial Support to Black 1-3yrs -1% 4 companies 4-5yrs - 2% Disposal of asset to 51% Black 35% 3 owned TOTAL 30+3 Ownership Mandated Investment 50% mandated Investment Voting rights 27% voting rights target 27% Economic interest Dilution Normalisation formula Number of share in issue is calculated as: Y x (1+X) ⁿ Where Y= number of share in issue at the time of doing direct BBBEE deal X=Average 10 year compounded increased number of shares in issue for top 50 listed companies (excluding real estate) n= year of Measurement Financial Support in partnership will be measured as a % of development/redevelopments spend on properties not currently owned by the measured entity. Bonus Points 35% of Disposal of assets

Bonus OWNERSHIP (30) CHANGES TO THE AMENDED PROPERTY SECTOR CODE OWNERSHIP Property owning companies Black Voting rights 27% 4 Black Women Voting Rights 10% 2 Black Economic Interest 27% 4 Black Women Economic Interest 10% 2 Black Economic Interest groups 2.5% 4 Black New Entrants 2% 2 8 Net Equity Schedule Financial Support to Black 1-3yrs -1% 4 companies 4-5yrs - 2% Disposal of asset to 51% Black 35% 3 owned TOTAL 30+3 Ownership Mandated Investment 50% mandated Investment Voting rights 27% voting rights target 27% Economic interest Dilution Normalisation formula Number of share in issue is calculated as: Y x (1+X) ⁿ Where Y= number of share in issue at the time of doing direct BBBEE deal X=Average 10 year compounded increased number of shares in issue for top 50 listed companies (excluding real estate) n= year of Measurement Financial Support in partnership will be measured as a % of development/redevelopments spend on properties not currently owned by the measured entity Bonus Points 35% of Disposal of assets

Bonus OWNERSHIP (30) CHANGES TO THE AMENDED PROPERTY SECTOR CODE OWNERSHIP Property owning companies Black Voting rights 27% 4 Black Women Voting Rights 10% 2 Black Economic Interest 27% 4 Black Women Economic Interest 10% 2 Black Economic Interest groups 2.5% 4 Black New Entrants 2% 2 8 Net Equity Schedule Financial Support to Black 1-3yrs -1% 4 companies 4-5yrs - 2% Disposal of asset to 51% Black 35% 3 owned TOTAL 30+3 Ownership Mandated Investment 50% mandated Investment Voting rights 27% voting rights target 27% Economic interest Dilution Normalisation formula Number of share in issue is calculated as: Y x (1+X) ⁿ Where Y= number of share in issue at the time of doing direct BBBEE deal X=Average 10 year compounded increased number of shares in issue for top 50 listed companies (excluding real estate) n= year of Measurement Financial Support in partnership will be measured as a % of development/redevelopments spend on properties not currently owned by the measured entity Bonus Points 35% of Disposal of assets

Bonus OWNERSHIP (30) CHANGES TO THE AMENDED PROPERTY SECTOR CODE OWNERSHIP Property owning companies Black Voting rights 27% 4 Black Women Voting Rights 10% 2 Black Economic Interest 27% 4 Black Women Economic Interest 10% 2 Black Economic Interest groups 2.5% 4 Black New Entrants 2% 2 8 Net Equity Schedule Financial Support to Black 1-3yrs -1% 4 companies 4-5yrs - 2% Disposal of asset to 51% Black 35% 3 owned TOTAL 30+3 Ownership Mandated Investment 50% mandated Investment Voting rights 27% voting rights target 27% Economic interest Dilution Normalisation formula Number of share in issue is calculated as: Y x (1+X) ⁿ Where Y= number of share in issue at the time of doing direct BBBEE deal X=Average 10 year compounded increased number of shares in issue for top 50 listed companies (excluding real estate) n= year of Measurement Financial Support in partnership will be measured as a % of development/redevelopments spend on properties not currently owned by the measured entity Bonus Points 35% of Disposal of assets

Bonus OWNERSHIP (30) CHANGES TO THE AMENDED PROPERTY SECTOR CODE OWNERSHIP Property owning companies Black Voting rights 27% 4 Black Women Voting Rights 10% 2 Black Economic Interest 27% 4 Black Women Economic Interest 10% 2 Black Economic Interest groups 2.5% 4 Black New Entrants 2% 2 8 Net Equity Schedule Financial Support to Black 1-3yrs -1% 4 companies 4-5yrs - 2% Disposal of asset to 51% Black 35% 3 owned TOTAL 30+3 Ownership Mandated Investment 50% mandated Investment Voting rights 27% voting rights target 27% Economic interest Dilution Normalisation formula Number of share in issue is calculated as: Y x (1+X) ⁿ Where Y= number of share in issue at the time of doing direct BBBEE deal X=Average 10 year compounded increased number of shares in issue for top 50 listed companies (excluding real estate) n= year of Measurement Financial Support in partnership will be measured as a % of development/redevelopments spend on properties not currently owned by the measured entity. Bonus Points 35% of Disposal of assets

CHANGES TO THE Management Control and Employment Equity Split between management Control and Employment Equity Skill Development AMENDED PROPERTY SECTOR CODE MANAGEMENT CONTROL & EMPLOYMENT EQUITY Skill Development expenditure increased from 3% to 5% Enterprise and Supplier Development out of 39 points Preferential procurement- 24 points Supplier Development 10 points Enterprise Development 5 points Amended PSC weighting Ownership 30 Management Control 9 Employment Equity 13 Skill Development 19 Enterprise and Supplier Development Socio-Economic Development Economic Development 5 TOTAL 117 39 2

Bonus SKILL DEVELOPMENT (19) CHANGES TO THE AMENDED PROPERTY SECTOR CODE SKILL DEVELOPMENT Management Control and Employment Equity Split between management Control and Employment Equity Skill Development Skill Development expenditure increased from 3% to 5% Enterprise and Supplier Development out of 39 points Preferential procurement- 24 points Supplier Development 10 points Enterprise Development 5 points Skill Development expenditure for Black people Skill Development expenditure for Black people with disability Number of Black people participating in learnerships, Apprenticeship and Internship Number of unemployed black people participating in learnerships, Apprenticeship and Internship Number of Black people absorbed at the end of the learnership Target Weighting 5% 8 0.3% 3 2.5% 4 2.5% 4 100% 3 TOTAL 19+3

Bonus ENTERPRISE & SUPPLIER DEVEOPMENT (39) Management Control and Employment Equity Split between management Control and Employment Equity Skill Development Skill Development expenditure increased from 3% to 5% Enterprise and Supplier Development out of 39 points Preferential procurement- 24 points Supplier Development 10 points Enterprise Development 5 points CHANGES TO THE AMENDED PROPERTY SECTOR CODE ENTERPRISE & SUPPLIER DEVELOPMENT Targets Weighting BBBEE Procurement Spend with recognition level 80% 2 BBBEE Procurement Spend on QSE 15% 2 BBBEE Procurement Spend on EME 15% 2 BBBEE Procurement Spend on 51% black owned 40% 8 BBBEE Procurement Spend on 31% black Owned 12% 4 Procurement Spend on Black owned Property services enterprise 40% 6 Total Preferential Procurement 24 Annual value of suppliers development contribution-2 NPAT 2% NPAT Total supplier Development 10 Annual value of Enterprise Development contribution 1% NPAT Total Enterprise Development 5 BBBEE Procurement spend are 51% black owned from designated group that Graduation of 1 or more ED beneficiaries to supplier Development Creating 1 or more jobs directly in the beneficiary entity as a result of supplier Development 10 TOTAL 39+4 5 2 1 1

DEVIATIONS IN AMENDED PROPERTY SECTOR CODE Special Definition REITS NPAT Property Management levels Senior Management Middle Management Junior Management Economic Development Development in under-developed areas

REVISED BBBEE CODES Implication of revised BBBEE Act to our Amended Property Sector Code Scorecard points & Qualification criteria for awarding of B-BBEE status levels adjusted B-BBEE Contributor Status Old Qualification Level One Level Two Level Three Level Four Level Five Level Six Level Seven Level Eight Non-Compliant 100 points 85 but <100 points 75 but <85 points 65 but <75 points 55 but <65 points 45 but <55 points 40 but <45 points 30 but <40 points <30 points

REVISED BBBEE CODES Implication of revised BBBEE Act to our Amended Property Sector Code Scorecard points & Qualification criteria for awarding of B-BBEE status levels adjusted B-BBEE Contributor Status Old Qualification New Qualification Level One 100 points 100 points Level Two 85 but <100 points 95 but <100 points Level Three 75 but <85 points 90 but <95 points Level Four 65 but <75 points 80 but <90 points Level Five 55 but <65 points 75 but <80 points Level Six 45 but <55 points 70 but <75 points Level Seven 40 but <45 points 55 but <70 points Level Eight 30 but <40 points 40 but <55 points Non-Compliant <30 points <40 points

REVISED BBBEE CODES Implication of revised BBBEE Act to our Amended Property Sector Code Scorecard points & Qualification criteria for awarding of B-BBEE status levels adjusted B-BBEE Contributor Status Old Qualification New Qualification Level One 100 points 100 points Level Two 85 but <100 points 95 but <100 points Level Three 75 but <85 points 90 but <95 points Level Four 65 but <75 points 80 but <90 points Level Five 55 but <65 points 75 but <80 points Level Six 45 but <55 points 70 but <75 points Level Seven 40 but <45 points 55 but <70 points Level Eight 30 but <40 points 40 but <55 points Non-Compliant <30 points <40 points

Gazette of Amended Property Sector Code Change to the APSC State of Transformation for the REITS Property Sector Intervention plans Role BBBEE Commission Presidential Requests

STATE OF TRANSFORMATION REPORT PROPERTY SECTOR

2015/2016 Property Sector Code Certificates & Reports STATE OF TRANSFORMATION REPORT PROPERTY SECTOR

STATE OF TRANSFORMATION REPORT PROPERTY SECTOR 2015/2016 Property Sector Code Certificates & Reports PROPERTY SECTOR BBBEE Level 4

KEY FINDINGS: 1. Sampling Small Sample-Reflective of industry Outlook. Few large companies- high market value dominate the sector 2. Industry performance Reasonable effort-slow pace. Varying industry have varying level of implementation commitment Commercial reasonable effort, Residential lesser progress & Public sector not active role in transformation agenda. 3. Property Sector BBBEE Recognition level Level 4 on previous recognition level. Cautioned interpretation because new recognition level could be 6 4. Performance in EE, MC and SD Under-performance in EE, MC and SD as a package. EE: V. low target for middle & senior management MC: Higher Indep. none-exec but low voting rights SD: difficult to achieve if no EE and MC are not progressing 55. Skills Development Lack of investment in SD perpetuate lack of transformation. Sector & academic collaborate in dev curriculum for current & future trends. 6. Performance of Enterprise Development and Socio-Economic Development Good achievement ED & SED future create & grow sustainable enterprises 7. Performance of Economic Development Poor performance of ED in future need to targeted at the poorest areas of the areas 8. for transformation a required pace 37

PROPERTY SECTOR OWNERSHIP

OWNERSHIP PROPERTY SECTOR 16.21 2015/2016 Property Sector is tracking below target at 16.2 weighting against 20 points (81%).

OWNERSHIP PROPERTY SECTOR PLSA & APUTS/REITS 16.21 2015/2016 2015/2016 Overall - Property Sector is tracking below target at 16.2 against 20 points (81% achievement). The Listed sector are tracking below target at around 14 against 20 points (70% achievement).

PROPERTY SECTOR MANAGEMENT CONTROL 5.79 Property Sector is tracking below target at 5.79 weighting against 10 points (58%).

MANAGEMENT CONTROL PROPERTY SECTOR PLSA & APUTS/REITS 5.79 Property Sector is tracking below target at 5.79 weighting against 10 points (58%). Overall Achieved lower than target Loan stocks we achieved less than half the target of 10% APUTS entity/ies had a positive contribution & good achievement on this element

PREFERENTIAL PROCUREMENT PROPERTY SECTOR 16.52 Overall - Property Sector is tracking below target at 16.53 against 20 points (83% achievement) Although is below target there has been reasonable efforts put against this element

PREFERENTIAL PROCUREMENT PROPERTY SECTOR PLSA & APUTS/REITS 16.52 Overall - Property Sector is tracking below target at 16.53 against 20 points (83% achievement) Although is below target there has been reasonable efforts put against this element Overall - Although still below target - Listed sector has performed better than entire sector achievement PLSA had reached their target of 20 points and APUTS tracking slightly behind but still higher than sector at 18 against 20 points (90% achievement)

ENTERPRISE DEVELOPMENT PROPERTY SECTOR 11.5 Overall Property Sector has exceed target of 10 and achieved good record of 11 points (115%) Sector have spent more than 3% NPAT target

ENTERPRISE DEVELOPMENT PROPERTY SECTOR PLSA & APUTS/REITS 11.5 Overall Property Sector has exceed target of 10 and achieved good record of 11 points (115%) Sector have spent more than 3% NPAT target Overall Listed sector had great performance record on this elements The target of 10 has been reached and exceeded (120% achievement). There is great performance of the listed sector spending more than 3% NPAT

SKILL DEVELOPMENT PROPERTY SECTOR 10.46 Overall - The sector has not performance well under Skill Development Property Sector achieved 10.5 points out of 15 (70% achievement) Areas of focus under spent skill expenditure on senior black employees, people with disability and possible opportunity to increase learnership.

SKILL DEVELOPMENT Property Sector PLSA & APUTS/REITS 10.46 Overall - The sector has not performance well under Skill Development Property Sector achieved 10.5 points out of 15 (70% achievement) Areas of focus under spent skill expenditure on senior black employees, people with disability and possible opportunity to increase learnership. Overall Listed Sector there is general under performance Caution Not all listed entities were measured under skill development (Externally managed excluded) There is not consistent performance on skill development for learnership

SOCIO-ECONOMIC DEVELOPMENT PROPERTY SECTOR 2.16 Overall Property Sector has exceeded the target and achieved 2.16 against 2 points (108% achievement) Sector have spent more than 1% NPAT target

SOCIO-ECONOMIC DEVELOPMENT PROPERTY SECTOR PLSA & APUTS/REITS 2.16 Overall Property Sector has exceeded the target and achieved 2.16 against 2 points (108% achievement) Sector have spent more than 1% NPAT target Overall Listed property sector have a good performance record of this elements The target of 2 points has been reached There is good performance of the Listed property sector spending more than 1% NPAT

ECONOMIC DEVELOPMENT PROPERTY SECTOR 8.84 16.5 Overall- Property Sector is tracking below target with 8.84 against 15 points (58% achievement) Sector achieved under 20% of the 35% target for disposal of assets to black owned entities that are level 1-3 Sector is performing very well with 38% spent in under resourced areas against the target of 10%

ECONOMIC DEVELOPMENT PROPERTY SECTOR PLSA & APUTS/REITS 8.81 16.5 Overall- Property Sector is tracking below target with 8.84 against 15 points (58% achievement) Sector achieved under 20% of the 35% target for disposal of assets to black owned entities that are level 1-3 Sector is performing very well with 38% spent in under resourced areas against the target of 10% Overall mixed performance PLSA internalised entities achieved the overall target of 15 points (100% achievement) Whilst PLSA externally managed entities and APUTS have under performed with 7.33 and 7.97 against 15 points respectively

Gazette of Amended Property Sector Code Change to the APSC State of Transformation for the REITS Property Sector Intervention plans Role BBBEE Commission Presidential Requests

STATE OF TRANSFORMATION REPORT PROPERTY SECTOR INTERVENTION PLAN

INTERVENTION PLAN FOR PROPERTY SECTOR CHALLENGES Ownership Unlock obstacles in property ownership to ensure meaningful participation Unlock where feasible accessibility of finance for property ownership and property development; Control and Management Achieve a substantial change in the racial and gender composition of control and effective advancement of employment equity in the property sector and encourage diverse organisational cultures; Skill Development Address skills development as a sector in a manner that accelerates the advancement of black people using even current levels of investment in the skills to give us highest impact; 55

STATE OF TRANSFORMATION REPORT PROPERTY SECTOR Increase the pool of intellectual capital amongst black people, particularly black women, in the sector by focusing on entire value chain including developing appropriate curricula; Enterprise and Supplier Development Enhance entrepreneurial development and increase the number of BBBEE enterprises and SMMEs providing services and products to the sector. Economic Development Promote development and investment in underresourced areas which enhances basic infrastructure. 56

Skill Development Property Sector Foundation Ownership Engagement on DPW Property Empowerment Policy & participation of REITS Separate engagements with banks had started & will continue Enterprise and Supplier Development Creating enabling legislation (adjustment) recognition of 2 nd and 3 rd tier Supplier Development (for landlords and Property Services) Job Creation INTERVENTION PLAN FOR PROPERTY SECTOR CHALLENGES 2018/2019 Our Focus areas for Interventions Job Creation of trained youth - in partnership with Shopping Centre council & SETAs 57

Gazette of Amended Property Sector Code Change to the APSC State of Transformation for the REITS Property Sector Intervention plans Role BBBEE Commission Presidential Requests

Role of the B-BBEE Commission

ROLE OF B-BBEE COMMISSION What are the processes and timelines? 60

Fronting Practice ROLE OF B-BBEE COMMISSION What is fronting Practice? Transaction/Arrangement/ Conduct/Act Directly/Indirectly Frustrates/Undermine Achievement of objectives/implementation of any provision Includes inhibiting or discouraging participation in core activities, economic benefits not flowing to black people in the ratio applicable, bringing the black person on board for purpose of achieving high level status, concluding agreement with enterprise with limitation of identity of suppliers, etc, improbable business operation given available resources, terms not negotiated at arms length or fair

ROLE OF B-BBEE COMMISSION Concerning B-BBEE Arrangements Employees Share Ownership Schemes and similar collective schemes beneficiaries vis-a-vis owners Definition of black person foreign nationals recognised as black people incorrectly Creation of opportunistic intermediaries- joint ventures, partnerships Willing frontees passive shareholding with financial benefit Corporate governance and minority shareholders rights - not respected Lock-in provisions and creative use of trusts in collective ownership schemes entities appointing trustees and controlling trusts 62

Complaints TYPES OF COMPLAINTS per Type

Complaints COMPLAINS per PER Sector SECTOR

Gazette of Amended Property Sector Code Change to the APSC State of Transformation for the REITS Property Sector Intervention plans Role BBBEE Commission Presidential Requests

PRESIDENTIAL REQUEST TO ALL SA ECONOMIC SECTORS What is the Property Sector Contribution? Job Creation (Committed to 1 million) What is the Property Sector Contribution (Public & Private sector). Request for frequent report on stats Skill Development Funding the missing middle for Higher Education Black industrialisation Projects

THANK YOU SA REITS Contact person : Sedise Moseneke Tel: 011 288 1052 Direct email: sedise.moseneke@vukile.co.za www.sareits.com Property Sector Charter Council Contact person : Portia Tau-Sekati Tel: 011 880 9918 Cell: 082 619 2507 Direct email: portia@propertycharter.co.za General email: info@propertycharter.co.za www.propertycharter.co.za