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BEE on borrowed time — why attacks on SA’s social engineering project won’t abate this time

The policy of black economic empowerment has always been intensely controversial. Now, for the first time in 30 years, the political forces that oppose it may be gathering enough strength to overturn it.
BEE on borrowed time — why attacks on SA’s social engineering project won’t abate this time

BEE has become one of the certainties of business life in South Africa. It was, and is, a deliberate attempt to reduce our racialised inequality. This is one of the reasons it is so controversial – it is an attempt at (legitimate) social engineering.

Some of its critics claim that all social engineering is eventually rendered unworkable.

It is certainly true that there have been some absurd consequences.

For example, the owners of Burger King in South Africa were once told they could not sell their shares to a foreign investor, because if they did the company would no longer be BEE compliant.

This meant that black people could not sell their shares because they were black.

In the mining industry there have been intense legal battles over the concept of “once-empowered, always empowered”.

The Mineral Resources Ministry claimed that if black owners sold their shares to white people (or foreigners) the majority owners of the company would have to enter new BEE deals to get more black owners.

Mining companies obviously resisted this, saying they should not have to give up some shareholdings twice.

And of course there are huge problems with BEE.

It has resulted in some people benefiting from more than one BEE deal, thus growing their wealth while others received nothing.

President Cyril Ramaphosa and his brother-in-law, Patrice Motsepe, are good examples.

It seems difficult to prove that it has benefited the vast majority of black people in South Africa.

But, in all of this time, very few alternatives have been put forward.

To put it another way, while many people argue that BEE is “unworkable” or “unfair”, what other options are there?

While there are certainly many black people who have created their own wealth with no help from anyone, BEE must have played a role in reducing our racialised inequality.

At the same time, it has, generally, been broadly accepted across society.

Now this may be changing.

The main reason for this is that its biggest supporter, the ANC, is losing support so quickly.

It is now in an uneasy coalition that depends on support from the DA, which is famously opposed to BEE (the party said in its 2024 manifesto that it would replace BEE with the UN Development goals).

And the DA’s Andrew Whitfield is a deputy minister in the Department of Trade Industry and Competition, which is supposed to administer BEE.

Meanwhile, the third-biggest party in our politics, MK, says it believes that “the ownership element in BEE has reinforced oligopoly power”.

This means that, as the ANC declines, the only big party that still supports BEE is the EFF.

And BEE faces more opposition from outsiders to our politics who suddenly have immense power.

Elon Musk, when not ruining people’s lives with his chainsaw, has been attacking BEE on X.

He has consistently said BEE legislation was the only reason that his Starlink service is not operating in South Africa. At one point last week he said on X that “Starlink is not allowed to operate in South Africa, because I’m not black”.

Of course, this is not true.

But what is true is that Starlink cannot provide services here unless 30% of its shareholding is owned by black people. Or, if it complies with BEE through other means, through supporting and stimulating other black-owned businesses.

At the same time, his benefactor, US President Donald Trump, has made it clear that he will publicly oppose any form of race-based policy that benefits black people in South Africa.

In the past, a policy about race that was criticised by outsiders to our society would not move the needle in any particular way.

Certainly, those who would oppose the policy would use this international criticism to strengthen their arguments. Those who support it would use the moment to show their constituency this, and the entire fracas would be over in about a week.

The situation is different now.

Trump and Musk will continue to attack BEE, in particular because Musk stands to benefit from a change in our law. To be clear, this is a US billionaire using his proximity to a politician to try to change the law in another country.

This means that he and Trump will attack BEE consistently, thus provoking the issue here.

At the same time, there might well be a rational fear that the US could use its economic power to punish South Africa. Certainly Trump has shown that his decisions about economics are often not based on rationality, but his personal proclivities.

While no country should change policy simply because of the views of another, this could give the debate around BEE a rare intensity.

At the same time there is an entirely legitimate argument that Starlink could provide a very necessary service for many people who need high-speed internet in rural areas. And it could be claimed that as a “necessary service” it could be exempt from BEE.

All of this means that the arguments around BEE are not going to fade away this time around.

At the same time, this might provoke a much wider debate around economic policy.

It will not only be the DA that will argue that BEE must end, but also other actors who want to replace it with their policies.

MK for example will argue that more radical change is needed to reduce racialised inequality.

Meanwhile, this debate may be subsumed into a bigger debate about how to grow the economy and create jobs.

The argument is likely to be made that whether one agrees with BEE or not, the policy is hindering both international and domestic investment. And that if the primary, single objective is to increase the number of sustainable jobs, then BEE should be scrapped.

This might mean that an argument that has often been presented as a (false) tension between growth and equity is about to move more towards growth.

All of this means that BEE as we currently understand it might be on borrowed time, that it may start to change or even fade completely.

But, there appears to be no public discussion about what to replace it with, to work towards reducing racialised inequality. DM

Comments

Gazeley Walker Mar 10, 2025, 02:31 PM

Stephen, Musk is not entirely incorrect when he says Starlink is not operating in SA because he is not black, as I read it, black South African. If he was a black investor he would not face the same onerous BEE requirements that he will currently face as a white business operator.

Jane Crankshaw Mar 10, 2025, 03:11 PM

IMO, Musk is objecting to the 30% kickback expected to be allowed to operate in (& charge) SA for. If we scrap BEE Company&Ownership policies, the Starlink deal could proceed &possibly through Telkom (currently owned 58.4% by SOE & PIC) interesting to see share price rise in last 4 months!

Rae Earl Mar 10, 2025, 02:32 PM

If BEE had been more circumspectly handled it would have worked a lot better. In its current form all it has done is favour blacks who had enough savvy to be accepted as board members in (largely) white corporate business. Most had the savvy to accept shares, sell them, and bail. System failure!

jcf.7140 Mar 10, 2025, 02:37 PM

Surely BEE can be scrapped and replaced with other incentives? Things like tax incentives to companies for employment and training of previously disadvantaged individuals? Or awarding credits to be spent with suppliers / other services that will benefit the company?

D'Esprit Dan Mar 10, 2025, 09:01 PM

Those are all elements of empowerment already.

Jane Crankshaw Mar 10, 2025, 02:42 PM

Who would have thought the Starlink deal could change the political and economic situation in SA? The bottomline is that for our economy to grow which in turn could provide more jobs, there has to be a bigger pool of competent educated people and less red tape. Good article, thanks .

Fernando Moreira Mar 10, 2025, 02:44 PM

The World Bank and IMF , foreign investors and local business have warned on this policy for some time. Musk is just a late entry ! Our ANC masters couldnt give a hoot on any advice given, their track record speaks for its self , virtually every single state entity is a shambles ?????

Bruce Sobey Mar 10, 2025, 02:55 PM

We sit with a budget problem. But why does no one mention the cost of BEE. Even without corruption a BEE company can still get the job at a 10% premium. That extra comes from somewhere! De Ruyter said that BEE was costing Eskom 30% extra. 30 years on is that still fair or relevant?

kanusukh Mar 10, 2025, 02:57 PM

DEI is what is being attacked in the US. Just sub 'black' with 'diversity' & we get the nub issue! Add 'equity' & 'inclusion' in the mix & we have a 'perfect storm'! Trump & Musk's agenda is to centralise 'power' in the hands of the white supremacists of the world (+- 13%).

Vincent L Mar 10, 2025, 07:36 PM

Well said!

D'Esprit Dan Mar 10, 2025, 09:05 PM

My Chinese clients won't invest in SA because of BEE targets. You can raise that percentage quite a bit! I get BEE - but 30%? Compare the billions being invested in Namibia's oil industry to the squat in ours, and then compare the shareholding requirements. We've priced ourselves out.

Johan Buys Mar 16, 2025, 09:50 AM

Chinese are counted as black under BEE rules?

Sheila Vrahimis Mar 10, 2025, 09:37 PM

Please read leading American academic and economist, Thomas Sowell's views on affirmative action ie DEI etc. You will be surprised

David Hill Mar 10, 2025, 03:44 PM

Look at the latest big one - FlySafair. They were in danger of losing their license because their overseas shareholding was too big, basically they have to give black South Africans a huge slice of equity for nought!

Vincent L Mar 10, 2025, 07:37 PM

Not for nought! To be immediately resold for for huge profit. Then Safair is back to square 1!

Joe Soap Mar 15, 2025, 06:50 PM

No the principle of once empowered always empowered is now recognized.

Peter Moodie Mar 10, 2025, 04:02 PM

"But, there appears to be no public discussion about what to replace it with, . . . ." Excuse me Stephen, there are alternatives and you could help to make their discussion public. The IRR has an alternative to BEE, which it calls Economic Empowerment for the Disadvantaged that.. (no space left

Dragon Slayer Mar 10, 2025, 04:19 PM

BEE has changed ownership and made the connected incredibly wealthy but nothing for social development. The civil service - probably 95% BEE - is a grotesquely bloated, utterly incompetent and grossly over paid, dismal failure. We certainly could do with a health dose of DOGE

Sheila Vrahimis Mar 10, 2025, 09:39 PM

Absolutely!

Wilhelm van Rooyen Mar 11, 2025, 07:20 AM

Call Elon, he'll come do it. And sommer bulldoze the government too...

Marilyn Keegan Mar 10, 2025, 05:13 PM

After 30 years of democracy (apparently an equal society) one would think that a minority group hardly constitutes a threat in the workplace or share schemes. As it stands at the moment, BEE it is a racist policy that should have been scrapped a while ago.

District Six Mar 10, 2025, 10:32 PM

You simply don't get it. After 300 years of racial engineering, black citizens of SA are disadvantaged. You can't just 'declare' things are equal. Make redress. Then you move towards equality. Redress is necessary. That's all BBEEE is: redress, otherwise nothing is equal.

D'Esprit Dan Mar 11, 2025, 09:38 AM

I agree completely with the need for redress - but BEE as it is currently done is a closed shop of corruption for the politically connected. I wish that corporate SA back in '94 had given their BEE shares to their workers, not Cyril and Tokyo etc - would have made a much bigger difference.

Ed Rybicki Mar 11, 2025, 09:41 PM

Absolutely!

The Proven Mar 11, 2025, 01:27 PM

Redress is given to a small subsection of politically connected persons - it most certainly does NOT make things equal. BEE is NOT redress, and does NOT create an equal playing field. Policies that prioritise education, skills and subsequent jobs for black citizens however will achieve way more!

Jan Smith Mar 11, 2025, 01:44 PM

Purpose and effect are not the same. The effect of BBEE is not what was intended. It is now actively hindering growth, which disproportionately affects poor black folk, which to me is a clear indication that it is not successful. If it was a success, SA's inequality would not be increasing.

Paul T Mar 10, 2025, 05:16 PM

The best way to empower "black" people aka the poor and historically disadvantaged is through an excellent education, apprenticeships and small business support. Jobs are not created through big business but by nurturing small business. It should be about economic class, not skin colour, anyway.

Vincent L Mar 10, 2025, 07:40 PM

Agreed! Education is key and has been abandoned! No use measuring our matrix results. We should be measuring our Grade R and 1 results!

Jane Crankshaw Mar 10, 2025, 10:20 PM

The second largest slice of the Budget apparently goes to Education but it’s not reaching the right place rather being sidelined into corrupt cadre pockets? Where else could this hefty slice of tax payer funding be going? It’s certainly not going into Education, that’s for sure!

Kate Reuning Mar 10, 2025, 09:45 PM

I agree, Paul. Empowerment should be through education and upskilling. All professions and artisans should have a mandatory post grad work experience. firms should be incentivised to take on apprentices as their part of Empowerment obligations to upskill, not just hand out cash to BEE figureheads

F E'rich Mar 12, 2025, 12:55 PM

Fully agree! Just add infrastructure, reliable electricity and safe water supply to create an enabling environment. The problem: It's hard, long-term work to keep all this going, and work is something that dropped from the ANC's agenda once Mandela left the leadership.

chris Taylor Mar 10, 2025, 05:18 PM

The previous National party government promoted an Afrikaner first mentality for years and so now the ANC government promotes a black first policy. However, over 30 years is long enough. We should operate a level playing fields policy, cut the rules and red tape and grow the country correctly.

William Stucke Mar 10, 2025, 05:42 PM

> Of course, this is not true. Wrong. Three licenses are involved: IECS to sell services, IECNS to operate infrastructure, and Spectrum, to use spectrum from ground to space. The first 2 require 30% HDI equity. The last requires 30% black equity. Equity, not some set-off like other BEE rules.

Wilhelm van Rooyen Mar 11, 2025, 07:24 AM

So Steven, can we get your response to this? Must get your facts right, even if you can't stand Elon

D Dog Mar 16, 2025, 08:36 AM

Yes @Stephen?!? Clearly you're uneducated. Google I-ECNS application. Section 19 lists the mandatory/minimum requirements. 19.4 and 19.5 are of interest. I guess facts aren't important to this journalist. It's upto the comments section to expose the BS.

William Stucke May 2, 2025, 11:04 PM

Six weeks later, still no response, Steven? Why not ask your brother. He's well versed in this subject.

Philip Machanick Mar 10, 2025, 05:52 PM

I’m not opposed to BEE in principle – the more the better with South Africa’s massive inequality. The problem is that it is often implemented very corruptly, feeding patronage networks etc., rather than building sustainable economic transformation. After more than 30 years we should do better.

D'Esprit Dan Mar 10, 2025, 09:07 PM

Spot on!

Patricia Betterton Mar 11, 2025, 08:45 AM

Absolutely- what a pity. It started well, with training and better access to education as the primary goal, but was soon corrupted, by both politicians And business leaders, it has to be said.

D'Esprit Dan Mar 11, 2025, 09:41 AM

Yip, BEE would have been way better if the shares had been ringfenced into worker funds, paying dividends to them every year. May just have encouraged workers to tell the unions to do one, too, when they saw the benefits of profit in their own pockets, not the union boss pockets.

Sandra Goldberg Mar 10, 2025, 06:06 PM

BEE has enabled the establishment of a relatively small group of wealthy Black business people, while doing nothing for the mass of their poor compatriots. A policy with very limited success

kanusukh Mar 10, 2025, 06:53 PM

A rational response. BUT still fails to answer the central question of 'alternative/s'.

Karl Sittlinger Mar 10, 2025, 07:30 PM

How about using actual wealth of individuals as a measurement instead of race. Since the overwhelming majority of poor people are black, this would work well and it would exclude black people that already have 7 or more figures in the bank that really cannot be called disadvantaged anymore.

Jane Crankshaw Mar 10, 2025, 10:21 PM

Nor apparently can they be called taxpayers!!!

Jan Smith Mar 11, 2025, 08:27 AM

It sounds too simple, but increasing employment would probably have the biggest impact. Even if SA's unemployed masses were demographically the same as our general population, better employment would create more wealth for poor black folk than any alternative. And red tape hinders employment.

Karl Sittlinger Mar 11, 2025, 09:04 AM

We are talking about the merrits of BEE as a transformative policy. Its been prooven over and over again that BEE stifles employment rates. The alternative to BEE is to scrap the B out of it and help those in need no matter the race. Simple yes, simplistic no.

Karl Sittlinger Mar 10, 2025, 07:27 PM

Even the Zondo commission identified BEE as one of the key enablers for corruption, waste and state capture.

N Another Mar 10, 2025, 07:35 PM

Thanks for the optimistic thought. There is no need to replace BEE at all. What we need to do is focus on reducing poverty (this will reduce inequality also) and that means provision of basic services to the poorest in society. The private sector will do the rest within the confines of regulation.

Sheila Vrahimis Mar 10, 2025, 09:47 PM

To reduce poverty the economy must grow (MORE JOBS).For the economy to grow SA needs investment, foreign. BEE stifles investment as Musk inter alia proves. The irony, BEE MAKES THE POOR POORER. That is the saddest of all..

D'Esprit Dan Mar 10, 2025, 08:59 PM

"difficult to prove that it has benefited the vast majority of black people" 32% unemployment and 24 million people on grants, the vast majority black. BEE hasn't given them diddly other than seeing ANC elites in Bentleys and Bugattis. Grow the economy, support deserving business. Prosper.

Sheila Vrahimis Mar 10, 2025, 09:30 PM

"This meant that black people could not sell their shares because they were black." POETIC JUSTICE?

A Rosebank Ratepayer Mar 10, 2025, 09:33 PM

It’s been a huge tragedy, it would have been a great capacity building platform if pursued with integrity. Instead it’s a bandwagon for lazy opportunists. We had capacity building requirements in tenders we won. We said come and produce work in our office. They said no, we’ll just sit in mtgs.

Jane Crankshaw Mar 10, 2025, 10:24 PM

Hear Hear! Time to stop all this and give jobs to those that can and want to work/ study/ contribute/ dignity/ respect/ build a better life!

Hartmut Winkler Mar 11, 2025, 04:08 AM

The Starlink example is not very helpful, especially considering recent events. Do we really want Musk and his ilk controlling our communications? Ukraine and Europe are now scrambling for alternatives. Perhaps we should thank BEE for having saved us from Musk's evil fangs ;-)

Keith Wilson Mar 11, 2025, 07:01 AM

BEE has good intentions, but really only makes rich black South Africans richer. Surely, the best way to uplift our poor and unemployed is to encourage foreign investment by removing the encumbrances of BEE? 30% + unemployment !!!

Johan Buys Mar 16, 2025, 10:00 AM

I do not understand how a black youngster from StJohn’s and a multimillionaire family getting preferential treatment in employment or promotion serves justice. I’d hate being a deserving black manager in corporate SA. (Everybody assuming I have the job because of my skin color)

Thomas Cleghorn Mar 11, 2025, 08:20 AM

BEE on general employment went insane too. I always thought it was a case of if there were 2 almost equally competent applicants for a job, the previously (more) disadvantaged would get the gig. However, BEE now seems to be just an exclusionary practice.

Vincent Bester Mar 11, 2025, 08:25 AM

Wishful thinking. The ANC and it’s cadres benefit too much from this discriminatory policy and they are likely to remain the largest player in town for some time.

Jacki McInnes Mar 11, 2025, 12:03 PM

There's no reason to "replace" BEE with any other man-made scheme. A free-market economy is the only rational choice.

anthony.hare133 Mar 11, 2025, 04:53 PM

BEE is a failure for the black majority, not just whites. SA economic infrastructure a shell of 1994, no growth in 17 years, state entities all destroyed, major private sector industries collapsed. Only fruit, one of the planets largest concentrations of super car & ultra luxury goods businesses.

Johan Buys Mar 16, 2025, 09:46 AM

I once explained Employment Equity to a foreigner - those tables with how many males and females of each race a company is supposed to have in each province. He laughed, thinking I must be pulling his leg. BEE and EE must go.

Rob Alexander Mar 16, 2025, 12:18 PM

A great article by Stephen. Dare I say the real cause of SA’s economic woes is the ANC’s cadre deployment policy. Until that, or the ANC goes, the status quo remains.

chulleyrsa Mar 16, 2025, 12:50 PM

The saddest thing about BEE is that genuine successes will never be recognized. Who, honestly, believes that Motsepe or Ramaphosa would have succeeded to such an extent without BEE. I know that I don't.

evan ho Mar 16, 2025, 01:02 PM

Truly journalists in this newspaper are suffering from continued Trump Derangement Syndrome: even when they do good, they do bad. We have a global figure calling out BEE for what it is, yet you find sinister motive. Does Musk seriously care whether the gets a few South Africans using Starlink?

Bryan Bailey Mar 16, 2025, 01:18 PM

We as commenting on BEE etc have knowledge that the government of the ANC cannot understand. Does anyone in government ever read what correspondents of media write??? Commentators below have eluded to with education being the TOP priority, apprenticeship, tax incentives, etc. Watch economy grow.

thomas_ke Mar 16, 2025, 02:29 PM

What to replace BEE with… a race based education subsidy. The worst legacy of apartheid was generations of non white South Africans with inferior education and that gets passed from generation to generation. So the most effective remedy would be a mass education program to uplift the disadvantaged

Fritz Jesch Mar 16, 2025, 06:50 PM

Dear Stephen, Your optimism is laudable but it could turn into wishfulness. Some kind of BlurredEE might replace it. Unfortunately, obfuscation is the tool of the ruling clique!

JIMMY SWIFT Mar 16, 2025, 08:18 PM

The assertion that Musk's statement about Starlink is untrue, is false. Taken on it's own, the 30% ownership requirement IS the reason. I challenge anyone to prove that a WORKABLE model for the required BEE compliance can be achieved without the ownership component.

francesviet Mar 17, 2025, 08:47 AM

At the end of the day BEE only works if we have a well educated populace with everyone having equal access to good primary and high school education and tertiary education so that there are more skilled workers applying for jobs. Until that is focused on nothing will change even if BEE stays.

Alasdair Yuill Mar 17, 2025, 11:57 AM

When Donald Tusk visited RSA in 2018 on the behalf of the EU, he made it clear to the government that BEE was a major impediment to EU FDI. If the ANC was committed to growing the economy, it would have removed this race-based legislation years ago. But ANC doctrine always trumps economic wisdom!

T'Plana Hath Mar 17, 2025, 02:35 PM

No plan, no matter how well-intentioned or carefully considered, survives contact with the enemy. In the case, the enemy is human nature. Good luck storming the castle.

Donal Slemon Mar 22, 2025, 11:46 AM

This is disingenuously lazy journalism. A very brief search would reveal that there are in fact tested alternative methods to uplift and benefit poorer people economically. Ever heard of the IRR studies that posit a means based voucher system? That these are seemingly ignored just attests to a blinkered view that seeks to justify social engineering that has not achieved its stated intention. And social engineering has ultimately never worked anywhere.