Phatshoane Henney Group spends over R50 million on BEE and transformation

The Phatshoane Henney Group, South Africa’s largest association of independent law firms, has just released its first Group Transformation Report to benchmark the impact of the Group on transformation in the country’s legal sector, notwithstanding the continuing absence of a clear legal sector BEE Charter.

“Over the 10 years since the first member firm has joined the association in 2006, many developments have taken place within the Group. Yet one constant has been the core commitment to empowering member firms across South Africa to lead the way for the legal fraternity in respect of transformation,” says Douglas Henney, Phatshoane Henney Group Chair.

While the past decade has seen many other Group initiatives undertaken in respect of transformation and black economic empowerment, none attest stronger to the Group’s commitment than the Group BEE Standards unanimously adopted by all members at the end of 2014. “These standards pave the way for continuing transformation initiatives and best practices across the Group, supporting firms to achieve their transformation objectives. Since 2015 has been the first year of the application of these standards, the Transformation Report provides vital feedback on the progress of firms towards meeting these standards.”

The commitment to diversity and transformation has seen Group firms spend in aggregate of over R50 million this past year on BEE and BEE compliance, transformation, black procurement and community initiatives – reflecting the earnestness of the Group’s commitment. This can be divided into R30 million in BEE procurement spend, R9,6 million in spend on black legal service providers, R3,5 million in pro bono and discounted legal services, R3,5 million invested in learnerships through the enrolment of 100 disabled learners in the Phatshoane Henney Training Academy, R2,25 million in community and socio-economic projects, R2,2 million each on Enterprise Development and skills development respectively, and R500,000 awarded in bursaries to Group candidate attorneys.

“The introduction of the Group BEE standards, combined with graduate recruitment initiatives and the Group candidate attorney bursary programme have also seen the percentage of black and female candidate attorneys being appointed at Group firms escalate to 50% of all candidate attorney appointments in 2015. With time, this growing pool of black and female candidates will contribute to growth in black and female professionals in the Group, as well as the legal sector as a whole,” Henney remarks. 

Another positive reinforcement of each firm’s BEE commitment is the continuing exemplary results achieved through formal BEE verification. 2015 saw group firms achieve an average BEE recognition level of just over a level 2 across 41 firms with no less than 10 firms achieving a Level 1 BEE recognition – which could not be achieved without proper and sustainable planning as well as management commitment towards transformation.

“It is a great privilege to present this first Group Transformation Report for the year 2015. When all of what is addressed herein is considered, I believe it provides undeniable evidence of our communal investment in transformation, and confirms that Phatshoane Henney Group members are indeed setting the standard for transformation in the legal industry,” Henney concludes.

June 29, 2016
Section 8C explained: Tax tips for employee share schemes

Section 8C explained: Tax tips for employee share schemes

Employee share schemes are often introduced to reward, retain, or align employees with long-term business growth. However, under section 8C of the Income Tax Act 58 of 1962 (the “Income Tax Act”), these arrangements can create significant and unexpected tax liabilities for employees when equity instruments vest. This article explains how section 8C operates, what qualifies as an “equity instrument,” and why careful structuring of share schemes is essential to avoid punitive tax outcomes.

The costly consequences of backdated share transactions

The costly consequences of backdated share transactions

The South African legislative framework regards backdated shares as a suspicious and illegal practice, as it arises when a share issue or transfer is recorded as having occurred on an earlier date than the actual transaction. While backdating may be viewed as an administrative oversight, the consequences may constitute compliance risk, serious misconduct on directors, beneficial owners and compliance officers who authorise the backdating of share transactions. This is because backdated shares may manipulate the timing of funds, obscure the source of funds, and distort a company’s beneficial ownership structure.

Tax transparency matters: Are your deals reportable?

Tax transparency matters: Are your deals reportable?

Some deals come with hidden reporting duties. Find out when your transactions could trigger SARS disclosure rules, and how to stay compliant. You may have heard the term “reportable arrangement” in tax conversations around commercial transactions. It sounds technical, and it is, but at its core, it’s about transparency. The South African Revenue Service (“SARS”) seeks information on certain transactions that could be used to avoid or reduce tax. If you enter a reportable arrangement, you may be legally required to report it. Failure to comply can result in significant penalties.

Sign up to our newsletter

Pin It on Pinterest