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Lunga Mzangwe | 28 October 2025 The Democratic Alliance (DA) federal chair, Helen Zille, on Tuesday, argued that black people receive the best service delivery where the DA governs. “They get the best opportunities, best public access through transport and various other things. It is far better for a poor person to end up in DA administration because they can get on the ladder of getting out of poverty,” Zille said. “That is why the DA policies benefit the vast majority of poor black people and turn off the taps to the corrupt ANC elite who rob the poor to enrich themselves, to enrich the party and to illegally put into elections after they flee the state.” These sentiments, however, have not been shared by the black communities that the DA governs. This includes the Western Cape, where the party has been accused of prioritising affluent suburbs and neglecting townships where black people primarily reside. The sentiments were shared by Tshwane residents, where the party was in charge of the municipality for eight years. Last week, the DA announced that it would table a motion in parliament to scrap the broad-based black economic empowerment policy and replace it with its Public Procurement Inclusive Bill. It said it would lobby other parties, including its government of national unity partner, the ANC, to vote to support its bill. Still, the ANC has described the scrapping of the BBBEE as “mad”, “nonsense” and “unconstitutional”. The broad-based BEE policy allows for preferential treatment in government procurement processes for businesses that contribute to black economic empowerment, as measured by criteria including partial or majority black ownership, hiring black employees, and contracting with black-owned suppliers. On Tuesday, the DA unveiled its billboard in Johannesburg, which is calling for BBBEE to come to an end. Zille argued that the BBBEE legalities are corrupt. At the same time, the party’s deputy federal chair Ivan Meyer described BEE as state-sponsored corruption, theft and fraud by “cadres”, designed to enrich only a few politically connected people. “Are we saying black people are corrupt by tackling BBBEE? The answer is absolutely no. Every company that wants to invest in South Africa has to give out a third of its company to the ANC elites before they can even begin,” Zille told journalists in Randburg on Tuesday. She argued that this does not empower anyone but those who have been empowered over and over again. She said the policy then results in the investment not coming at all, adding this is why there has been no investment in mining, as people are not prepared to cooperate with corruption. “If you pass a law that says contracts of the state must go in this way to a particular colour of people, then people will make sure that they can rig the system to benefit their friends and allies to get a big kickback in the process.” ‘Disclaimer - The views and opinions expressed in this article are those of the author(s) and not necessarily those of the BEE CHAMBER’. https://mg.co.za/politics/2025-10-28-zille-poor-black-people-are-better-off-in-da-governed-area/

Nokukhanya Mntambo | 27 October 2025 Fikile Mbalula said it would not sell out on its longstanding transformation agenda to appease US President Donald Trump’s administration. African National Congress (ANC) Secretary-General Fikile Mbalula has likened calls by the US for South Africa to abandon its transformation policies as closing shop. Mbalula made wide-reaching comments on geopolitical tensions, diplomatic ties and domestic politics at a party branch general meeting in Liliesleaf in Rivonia on Sunday. This included ongoing pressure by Washington for Pretoria to reverse the controversial BEE laws and land expropriation. Mbalula said it would not sell out on its longstanding transformation agenda to appease US President Donald Trump’s administration. "They say to us, these Americans of President Trump, that we must do away with BEE. I said: 'You are asking us to close shop'. If you say BEE, BBBEE, affirmative action, you are saying to us we must kill redress. That’s why we are ANC. You are saying then, we must secede power to the DA. We are not them." Mbalula said the ANC was paying a high price in the Government of National Unity (GNU), making concessions to other political parties on some decisions. "Even they force us to take decisions that are wrong, that we don’t support. Why? Because as individuals, let the truth be told, our pockets are lined up – we stand to gain if so and so is elected or is appointed in a particular position. The ANC can’t say no. Comrades, the revolution will punish us, not even the masses." ‘Disclaimer - The views and opinions expressed in this article are those of the author(s) and not necessarily those of the BEE CHAMBER’. https://www.ewn.co.za/ancs-mbalula-likens-us-calls-for-sa-to-abandon-transformation-policies-to-asking-us-to-close-shop/

As per the B-BBEE Act, Section 10, Paragraph 1 – Status of Codes of Good Practice states the following: 1.      Every organ of state and public entity must apply any relevant code of good practice issued in terms of this Act in- a) Determining qualification criteria for the issuing of licences, concessions or other authorisations in respect of economic activity in terms of any law; b)   Developing and implementing a preferential procurement policy; c)   Determining qualification criteria for the sale of state-owned enterprises; d)   Developing criteria for entering into partnerships with the private sector; and e)  Determining criteria for the awarding of incentives, grants and investment schemes in support of Broad Based Black Economic Empowerment.   As per the B-BBEE Act, Section 10, Paragraph 2 – Status of Codes of Good Practice states the following: a)      The Minister may, after consultation with the relevant organ of state or public entity, exempt the organ of state or public entity from a requirement contained in subsection (1) or allow for deviation therefrom if particular objectively verifiable facts or circumstances applicable to the organ of state or public entity necessitate an exemption or deviation. b)     The Minister must publish the notice of exemption or deviation in the Gazette   B-BBEE Strategy Services  are available to Members to understand Section 10 of the B-BBEE Act.

The Financial Sector Transformation Council (FSTC) issued a Formal Notice  calling for the submission of B-BBEE Reports for the issue date between 01 January 2025 and 31 December 2025. Submission Platform: All reports should be submitted electronically via email to reporting@fstc.org.za  with the subject: FSTC 2025 Reporting – (name of entity). Submission Deadline: All required documentation must be submitted no later than the close of business on Friday, 27 February 2026.Should you have any inquiries or require further assistance regarding the submission process, please contact the FSTC at reporting@fstc.org.za  or call (087) 062 5950.   Members are also welcome to engage with the BEE Chamber if anything further clarification is needed.

Creamer Media | 9 July 2024 Agile Capital, a leading private equity firm, has acquired a significant minority share in Berry Astrapak.  Berry Astrapak is a specialised manufacturer of an extensive range of rigid moulded, and thermoformed plastic packaging products serving the African market. The Group has manufacturing operations in Gauteng, Western Cape and Kwa-Zulu Natal and focuses on innovation -led growth in plastic packaging . Astrapak’s growth has included the acquisition of the business in June 2017 by the RPC Group which then spent several developing years as RPC Astrapak (Pty) Ltd.  Due to the nature of the business , manufacturing capabilities and good supply chain, the Berry Global Group, Inc. subsequently completed the acquisition of RPC Group Plc in June 2019. Astrapak services a number of industries from personal care products , food services right through to the automotive market. The organisation is well positioned to grow top-line sales to take advantage of African market opportunities.  Some reports indicate that the Africa Packaging Market size is currently estimated at USD43 billion and is expected to reach USD52 billion by 2029.  This is attributed to the increasing number of young consumers in Africa particularly, intensifying the demand for consumer goods. It is also worth noting that sustainability within the packaging industry has become a significant selling point. “We pursue opportunities across diverse sectors,” explains Liz Kolobe, Partner: Agile Capital. “We seek to invest in businesses which have a sound strategy for growth with solid operational track records and solid management teams for long term partnerships.  Berry Astrapak is well established and we look forward to continuing the journey of growth with the business .” “Agile Capital was a good cultural fit for us, we see them as part of a strategic edge for the business ,” says Craig Matthews, Managing Director: Berry Astrapak. One of the cornerstones of the Group’s B-BBEE strategy is to partner with appropriate companies for specific initiatives which fits neatly with Agile’s philosophy that the right BEE partner provides more than just credentials within a given transaction. “Our experienced executive team brings diverse skills to this partnership and we view this transaction as a remarkable opportunity to make a substantial contribution to the South African business landscape”, concludes Kolobe. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://www.engineeringnews.co.za/article/agile-capital-acquires-a-stake-in-berry-astrapak-2024-07-09-1

Paramount to the success of any B-BBEE Strategy is the holistic knowledge of the definitions and interpretations held in Schedule 1 of the Amended General B-BBEE Codes of Good Practice.  The core reason is that definitions contained within other pieces of legislation, in some instances, differ from Schedule 1.   Schedule 1 directs that: Interpretation of the B-BBEE Codes of Good Practice must be according to the provisions in Schedule 1 unless the context requires a different meaning. In interpreting the provisions of the B-BBEE Codes of Good Practice, any reasonable interpretation consistent with the objectives of the Act must take precedence. Words importing persons shall, where the context so requires or admits, include individuals, firms, partnerships, trusts, corporations, governmental bodies, authorities, agencies, unincorporated bodies of persons or associations and any organisation having legal capacity.   Requirements under B-BBEE Sector Codes of Good Practice may differ.   Technical Compliance Services  are available to assist members with understanding definitions.

A homogeneous team would include people who are as similar as possible, with similar points of view, learning abilities and life experiences. Heterogeneous teams include a mixture of races, genders, cultures and ages that provides a wider range of life experiences and opinions. Building a solid business strategy is fundamental to the success of an organisation, as it provides direction for harnessing opportunities with foresight. Essentially, those developing a tactical plan for an organisation need to develop the ability to think strategically through analysing the competitive environment, then recommending a firm position and value proposition. The next step is measuring the impact a Business Strategy has on a business. A mechanism used by many organisations is that of SMART+C that measures its implementation based on: The SMART+C evaluation is revered as the epitome of the strategic direction to delivering results. The Codes of Good Practice target every area of a business, beginning with the ownership structure, to how a business is managed, to the skills necessary to run a business, the diversification of the supply chain and how to deliver income-generating activities. Therefore, having a robust B-BBEE Strategy that runs parallel to an organisation’s Business Strategy is paramount to meeting its overall objectives. Essentially a Business Strategy and a B-BBEE Strategy should be read as one document. A B-BBEE Strategy should be developed and measured using the same methodology as a Business one, focusing on growth. Unfortunately, more often than not, the importance of correlating the two strategies is overlooked, as is its intrinsic value. Historically organisations have developed their Business Strategy and B-BBEE Strategy as separate entities. Hence many fail to meet the objective of either. To BEE or not to BEE It is not a legal requirement for an organisation to have a B-BBEE Certificate; however, in choosing to have one, it is a legal requirement that it be credible and accurately depicts the reality of an organisation’s transformation strides. Let’s unpack the DNA of a robust B-BBEE Strategy that can provide leverage over an organisation’s competitors and areas for consideration to mitigate any risks. A B-BBEE Strategy , by design, will drive good governance. It tests finances, spending patterns, employee roles, responsibilities, skills interventions and systems that drive development. It can be the tool for quantifying and testing accuracy through the systematic processing of data, which culminates in delivering shareholder value. A B-BBEE Verification, an evidence-based process, measures strategic performance areas, supporting the financial objectives and convergence of business areas through scorecard indicators and weightings. Although not directly linked to shareholder value, the Management Control and Skills Development Scorecards measure how an organisation recruits, remunerates, trains, develops or performs. Evidence such as employment contracts, confirming an employee’s occupational level and renumeration, all support an organisation’s B-BBEE Verification claims. Employment equity annual submissions and plans support targets and performance milestones in these areas. In effect, Management Control and Skills Development provide Strategic Human Resource Planning. “A Business Strategy and B-BBEE Strategy should be read as one document.” A B-BBEE Strategy must make good business sense. Essentially, shareholders demand a return on their investment. A comprehensive B-BBEE Strategy measures an organisation’s shortfalls and milestones in the overall business performance. How an organisation performs against its B-BBEE Strategy is crucial for the leverage in gaining and retaining business. It is a sense of market-based voluntarism with rules of the game guided by legislation. A robust B-BBEE Strategy is essentially a competitive commodity that demonstrates an organisation’s commitment to the Government’s priority of an inclusive society. Preferential Procurement feeds into the National Development Plan that targets small businesses as the vehicle to drive future economic growth. The net effect of Preferential Procurement is the diversification of an organisation’s supply chain. It encourages organisations to shift from standard procurement patterns by removing barriers to entry for smaller ‘Black’-owned businesses. Core to a well developed B-BBEE Strategy are the policies that guide it to ensure they do not inadvertently become a barrier to entry. For example, a Business Strategy for an organisation in the manufacturing space historically steers a procurement policy using the matrics quality, cost and delivery as Key Performance Indicators. Subsequently, the historic matric steers an organisation away from meeting the targets necessary to achieve its Preferential Procurement mandate. Consequently, it negates ‘Black’ Ownership, ‘Black Woman-ownership and support for Exempted Micro Enterprises and Qualifying Small Enterprises. Food for thought, there is always a sweet spot for adapting the two metrics to meet an organisation’s strategic objectives without creating a tug of war, which is often the case when breaking down barriers to entry. As a B-BBEE Strategy leads an organisation toward sustainability, it pursues financial benefit for shareholders reasonably without compromise. In setting the targets for a B-BBEE Strategy, then moving to the implementation phase, an organisation must have standard processes that include accountability systems and procedures that align with the desired outcome. Uniformity is crucial to ensure that everyone in the organisation steers towards the end goal, both in their strategic and behavioural approaches to drive the strategic objectives. Mitigate the Risk There is one element that neither Business nor B-BBEE Strategies can predict, that being the human factor. There are many reasons strategies can be taken off course, from powerful coalitions to a surprise resignation. However, part and parcel of both strategies is +C, the challenges, whereby managing the leading risk factor, which is the human factor, is critical to meeting objectives. Organisations often opt for the two-pronged performance measured approach, which measures behaviour against critical goals; this essentially equates measuring an employee’s key performance and development. Unfortunately, this approach, more often than not, yields confusion, thus putting the human factor more at risk than ever. A common differentiator between a Business and a B-BBEE Strategy is the frugal budget allocated for the latter. Organisations expect to achieve a Status Level that provides leverage over their competitors, produces innovation, and harnesses diversity and inclusion without any investment, which amounts to incongruence. Findings in the McKinsey and Company study, Delivering Through Diversity 2018, observed that: “many successful companies regard diversity and Inclusion as a source of competitive advantage, and specifically as a key enabler of growth”. The report supports that Homogeneous workforces perform at 33% compared to Heterogeneous ones and where boards of Heterogeneous are 43% likely to realise more profits. It goes without saying that a robust B-BBEE Strategy , read with a Business Strategy as one document, will go a long way to organisations meeting their overall business strategy. Click on the link below to download the PDF:

Section 1 of the Employment Equity Act  defines People with Disabilities as “ people who have a long-term or recurring physical. or mental impairment, which substantially limits their prospects of entry into, or advancement in, employment”   Furthermore, the Codes of Good Practice for Persons  with disabilities outlines more detailed requirements and definitions in line with the above. Members need to ensure that the definition of People with Disabilities is clearly understood.   Human Capital Services  are available to assist members in understanding the definition of People with Disabilities in line with B-BBEE requirements.

Section 1 of the Employment Equity Act defines People with Disabilities as “ people who have a long-term or recurring physical. or mental impairment, which substantially limits their prospects of entry into, or advancement in, employment” Furthermore, the Codes of Good Practice for Persons with disabilities outlines more detailed requirements and definitions in line with the above. Members need to ensure that the definition of People with Disabilities is clearly understood. Human Capital Services are available to assist members in understanding the definition of People with Disabilities in line with B-BBEE requirements.

Kiran Molloy | 10 August 2025 The Pretoria High Court has declared it unlawful for the Air Service Licensing Council (ASLC) to impose Broad-Based Black Economic Empowerment (B-BBEE) or race-based requirements on applicants for air service licenses. According to the complainant, Sakeliga, a litigator for the business and industry chamber network, the ASLC has been denying or delaying domestic air service providers with criteria such as B-BBEE certifications and transformation undertakings since December 2023. The High Court’s final ruling prescribed that the ASLC must issue licenses as long as an applicant complied with the Air Services Licensing Act 115 of 1990 requirements on safety, residency and control and registration of aircraft. It also prohibits the ASLC from adding any race-based criteria.  “The policy and practice of the first respondent (ASLC) in including as a requirement in applications for licences in terms of the criteria set out in the B-BBEE Act is declared unlawful,” the judgement reads. International licences also affected Sakeliga claims that the ASLC’s counterpart for licensing of international air services, the International Air Services Council (IASC), has also been making similar demands of major international airlines and local companies engaging in international air services. This allegedly affected airlines from the Americas, Europe, Australia, Africa, the Middle East and East Asia, causing significant diplomatic unease, said Sakeliga. George Mothema, CEO of the Board of Airline Representatives of Southern Africa (Barsa) said: “The inclusion of B-BBEE requirements created regulatory uncertainty for all airlines. This in turn may have limited participation and reduced competitive dynamics in the market. “A number of (Barsa) members expressed concern about unclear and inconsistently applied B-BBEE conditions, which have, in some cases, contributed to delays in the licensing process. We therefore welcome the clarity provided by the recent court ruling.” Court demands public ASLC hearings The court also declared unlawful the ASLC’s prohibition on the use of electronic devices during hearings and on making recordings of interactions with ASLC staff. This part of the order followed Sakeliga’s discovery that the ASLC had allegedly prohibited applicants from recording their licensing application hearings, despite the fact that the Act stipulates that the hearings should be public.  “During and between hearings, applicants found themselves confronted with arbitrary and verbal demands regarding BEE and transformation, which often appeared nowhere on paper,” explained Sakeliga. ‘Disclaimer - The views and opinions expressed in this article are those of the author(s) and not necessarily those of the BEE CHAMBER’. https://www.travelnews.co.za/article/court-blocks-bee-air-licences

Staff Writer | 2 May 2024 The Property Practitioners Regulatory Authority (PPRA) says despite precedents set in the past, level 8 BEE compliance is now non-negotiable for all real estate agencies with a turnover of more than R2.5 million. In April, Jan le Roux, CEO of the Real Estate Business Owners of South Africa (Rebosa), voiced his concern over what he called a surprise shift in the PPRA’s Broad-Based Black Economic Empowerment (B-BBEE) requirements for the next round of Fidelity Fund Certificates (FFCs) for 2025. Section 48 of the new Property Practitioners Act (which came into effect in February 2022) states that no entity may act in the capacity of a property practitioner without a valid FFC, and it further makes it clear that an FFC may not be issued without a BEE certificate. According to Le Roux, the only requirement is a valid BEE certificate issued by a SANAS-registered verification entity, and no minimum score is currently necessary. He added that most BEE certificates from the previous FFC round were noncompliant, with the majority scoring below 40 points. Despite this, Le Roux said the PPRA issued FFCs without the minimum requirement, mainly for information-gathering purposes. However, this appears to have changed. Legal manager and acting transformation manager at the PPRA, Deli Nkambule, explained that “the PPRA’s position is that it will not issue an FFC unless a compliant BEE certificate accompanies the application. “The accepted level of compliance is 40 points or more (BEE Level 8). You will not be issued a BEE certificate if you score below 40 (making your BEE certificate non-compliant),” she said. Le Roux said this is a major concern, especially for small businesses, sole proprietorships, “one-man bands or mom-and-pop shops,” as he calls them because it amounts to more than 50% black ownership. Responding to Le Roux’s concerns, the PPRA CEO, Thato Ramaili, doubled down on Nkambule’s comments and said despite precedents set in the past, compliance to the BEE requirements for the next round of FFCs is non-negotiable. “Regarding Rebosa’s points, while precedents may have been set in the past to allow additional time for industry alignment, it is imperative to underscore that compliance with regulations such as those set forth by the Property Practitioners Regulatory Authority (PPRA) is non-negotiable. “PPRA plays a vital role in ensuring compliance, and it is incumbent upon all industry stakeholders, including REBOSA, to proactively work towards meeting these requirements,” said Ramaili. He added that it is essential for all organisations within the industry to remain cognizant of compliance obligations. “While individual businesses ultimately bear the responsibility for compliance, industry associations such as Rebosa have a significant role in supporting their members and facilitating compliance efforts. “Despite the challenges posed by regulatory changes, it is encouraging to see the initiatives undertakenby various entities within the industry to drive transformation,” he said. Moving forward, Ramaili said the PPRA remains committed to working collaboratively with all stakeholders to ensure a smooth transition and uphold industry standards. ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://businesstech.co.za/news/business/770346/bee-rules-for-real-estate-agents-in-south-africa-non-negotiable-property-authority/

Glenneis Kriel | 13 November 2023 Various articles were published in the media over the past week that made it sound as if government had published “new rules” in the Government Gazette that would force farmers to meet black economic empowerment (BEE) requirements to continue exports to Europe. Farmers’ Weekly spoke to various sources, who concluded these articles were misleading, factually incorrect and sensationalist. Anton Rabe, executive director of Hortgro, said the rules were nothing new, and only involved a limited list of tariff-free products under the European Partnership Agreement. It included fruit juice and canned fruit but excluded fresh fruit. Rabe pointed out that BEE was not a prerequisite for the quotas, but rather just one of the criteria used to consider the allocation of quotas, as was done in the past. This was reaffirmed in a statement from Agbiz, according to which the requirements mirrored the previous years’ requirements and only applied to certain products exported to the EU or UK under the preferential Tarriff Rate Quota. Agbiz also clarified that there was no threshold or level that an applicant had to reach to be awarded an export permit. The broad-based BEE status of an applicant was but one factor that had to be considered in conjunction with all factors. Under the Agri BEE Sector Code, entities with a turnover of less than R10 million were classified as Exempted Micro Enterprises and were deemed Level 4. They merely needed an affidavit to this effect, and not a verified certificate. Theo Boshoff, CEO of Agbiz, warned that factually incorrect and sensationalist articles could harm the sector’s prospects, as these agreements were currently being reviewed with an eye to extending and improving upon them. “It is vital that public comments are made from a factual and contextualised point of view. We urge all parties to refrain from such reporting, devoid of correct facts and context,” said Boshoff. The links to the two gazettes that sparked the articles can be viewed at the following links for more clarity: za-government-gazette-dated-2023-10-31-no-49588.pdf (gazettes.africa) za-government-gazette-dated-2023-11-01-no-49590.pdf (gazettes.africa) ‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’. https://www.farmersweekly.co.za/agri-news/south-africa/clarity-on-bee-agricultural-produce-export-rules/