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The GNU will not be reforming BEE, but “refining” it

by | Nov 30, 2025

Some observers may be aptimistic about noises about "reform" from Deputy President Paul Mashatile and Trade & Industry Minister Parks Tau. That would be a dangerous mistake

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Some people have been kind of chipper about the potential of the ANC for ditching BEE. But this is just not happening. Let’s consult the record quickly. The official statement from the 21st of October is that BEE is a “critical policy”. Mashatile says they aren’t scrapping it at all, but reviewing it for some little tweaks.

In Parliament on the 11th, the DA’s Baxolile Nodada asked Mashatile why he didn’t just back the DA’s Bill, and Mmusi Maimane, ever the airhead, asked why BEE doesn’t foster black education: can we not focus triple BEE on the education, particularly of black children? And in that case, if that be so, would you not argue that those who don’t support that view maybe should not be serving in your Cabinet of Government of National Unity?” The sane answer is because its an entirely different policy area, and that Maimane is a moron. 

Mashatile’s answer to both was to affirm that BEE is here to stay, including the legislative framework: We are engaging even our partners in the GNU [to] convince them that this is the right thing to do. You don’t have to throw away the legislation. You review it, amend it, make it better so that we can achieve our objectives.” And then he politely pointed out for Maimane’s benefit that education initiatives belong to other departments, like the Human Resource Development Council.

The DA should know by now that their Bills never get passed – one wonders why they bother spending all those legal consulting fees on drafting the 50-odd private members bills they’ve hocked into the Parliamentary shredder since the advent of democracy. They aren’t scoring any points with the public, who barely know their bills exist.

But, you know, this is Mashatile, he’s just the Deputy President, what does he know? But then this Wednesday, it was DTIC head Parks Tau’s turn to answer the same inane questions from our national pantomime gallery.

Atholl Trollip of Action SA basically asked the ANC why they aren’t BEE-ing harder: “please advise how you propose to move away from the cosmetic compliance focused on elite-driven empowerment that will ensure real economic access for historically disadvantaged communities that will promote long-term structural changes”. 

Maimane asked a more important question on the policy of “equity equivalence”  – letting investors stick a second investment in some make-work charity scheme instead of relinquishing shares to freeloaders. They had already been using this option for select foreign investors, had offered it to Starlink earlier this year: “in guiding the review are you looking at introducing a similar policy to South African companies so as to stimulate investment from their part so that it doesn’t become such that a citizen could sit elsewhere and say I’m not going to invest where South African companies are not. Are you going to expand equity equivalence?”

Tau responded vaguely and indirectly, pointing to the “five pillars” of Islam, er, I mean, BEE: “The Broad-Based Black Economic Empowerment Act has five pillars [Ownership, Management Control, Skills Development, Enterprise and Supplier Development, and Socio-Economic Development]. So to suggest that in fact broad-based black economic empowerment has not reached a vast number of people is a fundamental misunderstanding of the policy  […] Now what we have said is any policy requires constant review in terms of its efficacy, its implementation plans, and progress that you’re making in that regard.”

In other words, probably not.

As for the comments about “constant review”, Tau is quite correct – BEE has gone through a number of policy revisions over the years, becoming stricter, more coercive and more expansive over time. And now is the time for another turn of the screw. But while they’re screwing us, they have to let a few elites get off, or they will risk cutting off all access to capital. So there must be flex in the system, just not for us sublunar rascals.

Tau affirmed that foreign investors can get off the hook with a few goodwill projects, but insists they are promising nothing for us pale natives: “Are we looking at mechanisms through which locally based enterprises could be able to participate [in equity equivalence]? It is part of the discussions [but] we should guard against […] the dilution of transformation and empowerment by creating multiple schemes that undermine the transformation objectives.” 

Ah, ok. Well what are these changes likely to be? I think we can consult Sakeliga on this, because they have been at the coalface of anti-BEE resistance while the DA preens in the mirror.

Since around 2018, the policy has stealthily moved to mandate racial quotas for business licences, mergers and operational approvals, rather than simply using procurement regulations as the enforcement mechanism.

Remember, BEE is mostly enforced by making the scorecard mandatory, and then forcing any company that wants to do business with the state to not only be BEE-compliant themselves, but any company they contract with too, creating an aggressive chain reaction of compliance by restricting access to the third of the economy accounted for by state expenditure.

Now, regulators, wielding amendments and guidelines rather than any particularly bold new laws, now precondition everything from agricultural permits to aviation routes on BEE scores. President Cyril Ramaphosa’s pledges to deepen, not dilute, these measures tell us that we may be looking at a legislative approach coming down the pike. 

Implementation has crept sector by sector, rather than coming all at once, which has made resistance to this a game of whack-a-mole for the private sector. By now, such encroachments are affecting around a dozen industries.

The 2018 Competition Act amendments empower the commission to veto private mergers lacking sufficient black ownership, ensnaring deals far from government coffers. Agriculture’s 2019 guidelines tie export duties and certifications to racial demographics, and the Air Services Licensing Council demanded BEE credentials for domestic routes from late 2023, while its international counterpart harrassed global carriers, which got a modicum of backlash. In April 2024, the Practitioners Regulatory Authority withheld fidelity fund certificates (mandatory for operations) for those without a minimum 40-point B-BBEE score, only to retreat in September amid industry revolt and Sakeliga’s litigation threats.

There have been a few victories in the courts, such as this year’s Pretoria High Court ruling that the Air Services Licensing Council’s B-BBEE impositions were unlawful, confining approvals to safety and residency criteria. Sakeliga hailed it as the first rollback of third-wave overreach, with costs awarded against the regulator. The property sector regulations also saw a reversal, though this was extrajudicial, and pre-empted the potential legal troubles.

Sakeliga is still busy with probes into other sectors and are doing good work to keep up with it all. But if it comes to legislation, the stakes are much higher. If it fails, the house can just roll again; the players only need to lose once to be out of the game forever.

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