“B-BBEE” “EE” factors in SA

Met al hierdie wat bykom, saam die meer as 80% wat reeds swart is, is dit slegs die swart elite wat baat by swart bemagtiging en regstellende aksies vir die afgelope 25 jaar.   Voeg daarby die 7.5 miljoen swartes wat reeds eiendom bekom het na 1994 en titelaktes besit.  ‘n Verdere byvoeging is al die miljoene hektaar grond vir trustgebiede en kommunale gebiede, wat gereserveer is vir etniese swart en khoi san volke, met 8840 tradisionele leiers in plek.   Die mineraalregte wat uitgedeel word, waar ons as blankes nooit enige direkte ontvangstes uit een van hierdie groeperinge ontvang het nie.   Aparte gebiede het dus nooit verdwyn nie maar is ingeskryf in die liberaal verligte kommunistiese grondwet net soos wat die grondwetregters dit wou gehad het, al van 1980 af.   Dit sluit swart bemagtiging en regstelaksies hierby in.  Grondwetskrywers van Kodesa is saam die regering en het hul hulself lank voor 1990 verbind tot kommunisme.


They are a leading full service law firm and the largest law firm in central South Africa with offices in Bloemfontein and Sandton.    They serve private individuals, corporations, institutional and governmental entities across multiple industry sectors, providing a broad range of legal, support and business advisory services.  The Phatshoane Henney Group is the largest association of independent law firms in South Africa. The group, currently comprising of nearly 50 law firms with more than 60 offices in 9 provinces and over 500 professionals, continues to grow year-on-year and expand its presence to major centres across South Africa.

“My start-up business has been growing rapidly and I’m considering bringing a partner on board to invest and help take the business to the next level. I’m keenly aware of the importance of transformation and have identified a potential BEE partner who is prepared to take up a 51% stake in my business. That said, a new partner is a big decision and I just want to make sure there is sufficient strategic benefit in doing so?”

Since the Amended Codes of Good Practice for BEE (“BEE Codes”) came into operation about three years ago, many larger companies have found it increasingly difficult to comply with the elevated targets set for them under the Procurement element of their BEE scorecard.

Such larger companies (Generic entities) must ensure that 40% of their total procurement expenditure is from 51% black owned suppliers. Accordingly, 51% black owned suppliers have become highly sought after and favoured by larger companies who are under tremendous pressure to maximise their points under the Procurement element. This has created opportunities for companies that are 51% black owned to be highly competitive and contend for supplier contracts, previously not open to them.

Recently proposed amendments to the BEE Codes propose to further enhance the opportunities for 51% black owned companies by establishing additional incentives for companies to procure from 51% black owned suppliers, thereby strengthening the strategic value for a company to be 51% black owned. The draft amendments published for comment on 15 June 2018 propose the following amendments:

  • The target for procurement expenditure on 51% black owned suppliers is to be increased from 40% to 50% of the total measured procurement expenditure.
  • The total scorecard points for procurement expenditure on 51% black owned suppliers are to be increased from 9 to 11 points, ensuring that this sub-category accounts for nearly half of the total points available under the Procurement element.
  • The current separate sub-categories for EME’s and QSE’e under the Procurement element are to be merged into a single sub-category with a target of 25% of the total measured procurement expenditure for this combined category. Additionally, in a further nod towards 51% black owned suppliers, these amendments propose to allow suppliers that have 51% black ownership measured using the flow-through principle, to also be recognised for expenditure under this combined sub-category.
  • It is further proposed that companies can multiply their expenditure on suppliers that are at least 51% black owned, measured using the flow-through principle, by a factor of 2, enhancing the attractiveness of procuring from such companies.

Aside from the above procurement benefits, any entity which is at least 51% black owned, measured using the flow-through principle, can also qualify as a beneficiary for Supplier Development or Enterprise Development contributions. Currently, only EME’s or QSE’s (companies with a turnover of less than R50 million) qualify as beneficiaries. The proposed amendments wish to extend this by allowing all 51% black owned companies, measured using the flow-through principle, to qualify as beneficiaries, irrespective of turnover, thereby also including Generic companies (more than R50 million annual turnover) as potential beneficiaries and positioning such companies to benefit from investment or support through supplier or enterprise development agreements concluded with business partners wishing to claim points under their Enterprise and Supplier Development elements.


Importantly, the proposed amendments will only apply to entities that are measured under BEE Codes. If your business falls under a specific sector charter such as the ICT or Construction Sector BEE Charter, these amendments will not automatically apply until these sector charters have been aligned with the proposed amendments.

What is clear from the above is that from a transformation and BEE Scorecard perspective there is a clear and definite advantage to being a 51% black owned company. There are specific requirements to qualify as such a company, and if you want to ensure that you qualify as a 51% black owned company using the flow-through principle to access the additional benefits described above, it would be advisable to consult with a BEE or commercial specialist before you proceed with your transaction to ensure that your transaction is structured correctly and your business is positioned favourably to make the most of the strategic opportunities afforded to 51% black owned companies.





The Deputy Minister of Trade and Industry, Ms Namalungelo Gina says Digital Transformation Programme for Black Industrialists will help a great deal in supporting Industrialists under the Department of Trade and Industry (the dti) programme to unlock their potential through digital transformation within their business in South Africa. Gina was speaking at the launch of the programme.

Gina said Microsoft South Africa has entered into partnership with the dti to help Black Industrialists into bridging this gap in running their businesses.


The state and its state-owned companies (SOCs) … introduction of a racially specific industrial policy instrument called the Black … the Black Business Council of South Africa in partnership with the state under the leadership of …. the South. African Revenue Services and the Parliament through the Standing Committee

Click to access essa_3340.pdf


The Black Business Council leadership comprises of a President, two Vice- Presidents (Professionals and Organised Business), Secretary General, Treasurer General and a Head of Policy. This is a team of competent and experienced business people and professionals that have expertise in different sectors of the economy.  https://blackbusinesscouncil.africa/



President Cyril Ramaphosa begins preparations for his investment summit later this month on a high after securing backing from some of the country’s biggest conglomerates to assist his jobs creation drive.

Ramaphosa also managed to secure commitments from organised businesses that all alternatives needed to be explored before retrenchments were effected.   Businesses also agreed to sacrifice executive salary hikes and forgo dividends.

The financial sector said it would invest R100 billion over five years in black-owned industrial enterprises as part of its transformation commitments.   Absa chief executive Maria Ramos said on the sidelines of the summit that it was a joint effort to turn the tide for the economy.



Over the past decade Cyril Ramaphosa Foundation has had a remarkable impact on the people and communities in which it works. Through dedication, collaboration and a commitment to creating positive change, Cyril Ramaphosa Foundation continues to build on its previous achievements to create the South Africa of our dreams.





Can we call it all WAR CRIMES –  the violation of human rights?   that started already with the Anglo Boer Wars  – What on earth can we as Afrikaners and Boers call the following different scenarios that followed?
ANC – Lethuli-house can of worms – “Nyani skeletons” – so-called “apartheid” (segregation) and ‘white privileges”


List of 2012-2013 black companies (not all of them are on the list)
Swart besighede – Black owned entities


It was stated on 9 October 2019 that Tongaat Hulett is preparing to pull out of sugar farming as part of a turnaround plan that has seen the company issue 5 000 employees with retrenchment notices.     Tongaat has already identified several estates that it will lease to black cane growers to keep land productive until the farms are sold for property development.
Tongaat Hulett – B-BBEE

4 gedagtes oor ““B-BBEE” “EE” factors in SA”

  1. […] Werkloosheid en swart bemagtigingRamaphosa – swart bemagtiging kommissieSwart Bemagtiging ANCMpumalanga – Tourism – Racism and discrimination B-BBEEEskom: IPPP: B-BBEE- Karen BreytenbachBlack middle class growth – B-BBEE and black privilegesRacism, Discrimination, Crime and Corruption – UN (prevention)Small Business Development – B-BBEE and supportRacism and Discrimination South AfricaUnesco, Human Rights, Racism and the Nuremberg Code“B-BBEE” “EE” factors in SA […]


  2. […] The legislations, B-BBEE (on all levels of governments and communities) – TOURISM – are already implemented by parliament and their political caders.  What is the point to have your “say” if it is already in place?  Ramaphosa is the chair person of his commission in parliament to discriminate against all whites, Afrikaners and Boers in South Africa.  Since the Amended Codes of Good Practice for BEE (“BEE Codes”) came into operation about three years ago, many larger companies have found it increasingly difficult to comply with the elevated targets set for them under the Procurement element of their BEE scorecard.“B-BBEE” “EE” factors in SA […]


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