Chinese and B-BBEE


Die Chinese is volgens die hofuitspraak geregtig op swart bemagtiging en moet ingesluit wees in “voordele”.  The Pretoria High Court  granted a landmark ruling that Chinese South Africans are to be included in the definition of “black people” in legislation designed to benefit previously disadvantaged groups.

Image result for b-bbee chinese photo




Judge Cynthia Pretorius granted an order in terms of which Chinese South Africans are included in the definition of “black people” in the Broad-Based Economic Empowerment Act and the Employment Equity Act. Both laws cover Africans, coloureds and Indians.

None of the government departments cited as respondents in the case, brought by the Chinese Association of South Africa (Casa), opposed the application.
The departments also accepted liability to pay the legal costs.

The ruling is the culmination of an eight-year struggle by Casa to obtain clarity from the government on whether Chinese South Africans—who were classified as “coloured” during the apartheid era—qualify for the benefits in terms of the two Acts, designed to restore historical injustices in the country.

Casa’s chairperson, Patric Chong, was overjoyed at the judgement. He said the community would like to make use of this newfound freedom to create even more jobs for the unemployed.

“As Chinese South Africans we were officially classified as ‘coloured’ during the apartheid era and suffered under the same discriminatory laws prior to 1994. The logical inference was thus that Chinese South Africans would automatically qualify for the same benefits afforded to the ‘coloured’  group, post-1994.

“However, this was not the case and Chinese South Africans have suffered a second round of unfair discrimination by not being sure of their status under the two Acts,” he said.

Casa’s lawyer, George van Niekerk, said that justice had now been served for Chinese South Africans—one of the country’s most politically marginalised communities.

He said although the two Acts did not specifically exclude Chinese South Africans, the fact that they were not mentioned by name led to a lot of confusion in the marketplace.

“For example, one commercial bank would, given the historical considerations, classify Chinese South Africans as ‘black’ for the purposes of the Employment Equity Act and the Broad-Based Black Economic Empowerment Act, whereas another commercial bank declined to do so. The net result was that Chinese South Africans were never sure of their status,” he said.

Casa has attempted to get a definitive answer from the South African government for the past eight years, even making formal representations to Parliament’s labour portfolio committee in 2004, but when repeated letters and enquiries received no response, it had no other option but to turn to the court for clarity.

Although the ministers of trade and industry, labour, and justice and constitutional development initially filed a notice to oppose Casa’s application, they eventually conceded the merits of the case in April this year.



A few questions

  • Will the Department of Labour amend Forms EEA 1, EEA 2 and EEA 4 in time for the October submission deadline?
  • Does this ruling only apply to Chinese persons who were citizens of South Africa as at 27 April 1994 (See EE Regulations 1.5 “Designated Groups”?
  • How long will it take to amend all the relevant scorecards, charters etc to take into account the import of this ruling?
  • Can our skills shortages in fields such as IT etc now be easier to achieve?
  • With the influx of Chinese money and in light of this ruling, will we see more a greater demand for persons to become fluent in Mandarin? Is Mandarin not becoming an essential competency for business executives?

In a landmark ruling, the Pretoria High Court ruled yesterday that South Africas 10 000-strong ethnic Chinese community be included in the definition of black people for purposes of black economic empowerment status. This follows a 2007 application brought against the minister of labour, the minister of trade and industry and the minister of justice by the Chinese Association of South Africa, a private organisation representing the interests of South Africans of Chinese descent. The government originally opposed the motion, but in April this year withdrew its intention to fight the case. – The Times website

South African court classifies Chinese as “black” – 18 June
South Africa’s High Court has decided that the Chinese qualify as ‘black people’ for disadvantaged status that grants them privileged legal rights, SAPA news agency reported Wednesday. Judge Cynthia Pretorius ordered that the Chinese be included in the definition of black people under the Broad-Based Economic Empowerment Act and the Employment Equity Act that grant benefits to Africans, coloureds and Indians. – Monsters and Critics website

We agree that you are black, South African court tells Chinese – 19 June
They have already taken over much of the continent’s economy. Now they have gone one step farther. The Chinese in South Africa were officially declared black yesterday. In a landmark ruling the Pretoria High Court accepted the Chinese as a previously disadvantagedgroup. This means that – at least in legal terms – Chinese South Africans will now be included in the definition of black people in legislation covering lucrative black economic empowerment (BEE) deals. – Times Online [UK] website

Chinese say : we want to be black – 16 June
Buffalo Citys Chinese community want to be considered black. Yesterday, they said they supported a move by the Chinese Association of South Africa to ask the courts to redefine them as black people. If approved, the move will see them benefiting from BEE and employment equity laws designed to restore historical injustices of the past. The Sunday Times reported yesterday that the Chinese Association would on Wednesday ask the Pretoria High Court to include their members in the definition of black people in the Broad-Based Economic Empowerment Act and the Employment Equity Act.We would definitely support the move, as we were shunted from pillar to post in the past, East Londons Chinese Association chairperson Soong-Fong Lee said. – Dispatch Online website

The Government launched a Youth Employment Portal in March to tackle the massive Youth Unemployment epidemic in South Africa.   This included the unemployed of the BRICS countries – no whites.   Black racism.
Swart rassisme : Jeug / Racism





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