The commercial case for better ESD evidence is real as a programme-design need. It should not depend on presenting a proposal as enacted law.

What was inspected

The Department of Trade, Industry and Competition’s Draft Statement 400 and Draft Statement 000 of 2026 were inspected for this note on 10 September 2026. Both are issued for public comment under section 9(5). No subsequent final implementing notice was identified in this review.

What the proposal supports

Draft Statement 400, clause 4.15, proposes needs analysis, performance metrics with outputs and outcomes, and an annual M&E report. Its examples include turnover, employment, market access, profitability and innovation. Verification is part of the proposed recognition process.

What the 40% threshold means

The draft framework uses applicable sub-minimum thresholds. Draft Statement 000 describes a one-level overall status discount for non-compliance with applicable priority-element rules, while retaining actual points. It does not say that one beneficiary missing a performance target zeroes the scorecard. The applicable sector code and entity category matter.

What we did not establish

We did not find a universal five-year ESD evidence-retention mandate in the inspected Statement 400. The five-year references in that text address other recognition circumstances. Retention must be determined against actual legal, contractual, verification and data-protection requirements.

What WithNova recommends

As a delivery practice, establish a relevant baseline for each participating business, define indicators and evidence owners, retain a traceable intervention record and review progress before the programme ends. Agree a retention and handover plan. These are programme-design recommendations, not a claim that every detail is newly mandated.

WithNova supports measurement and evidence preparation. It does not guarantee B-BBEE recognition or provide independent assurance of its own work. Confirm effective requirements with your appointed verification and legal professionals before relying on a regulatory interpretation.

Primary sources

dtic: Draft Statement 400 of 2026 (PDF)
dtic: Draft Statement 000 of 2026 (PDF)