Overview

This e-book examines whether South Africa's Broad-Based Black Economic Empowerment (B-BBEE) framework still complies with the Equality Clause (Section 9) of the Constitution-or whether it has drifted into disproportionate, unfair discrimination. Despite nearly three decades of democracy and economic redress, recent data reveal that a small group of about 4.5 million top-wealth non-White South Africans now collectively own more wealth than all White South Africans combined. Yet this same group continues to benefit most from empowerment laws, while the remaining ±52 million non-white citizens gain relatively little. This reality raises difficult but unavoidable questions: How can empowerment laws remain constitutionally fair when the primary beneficiaries are no longer disadvantaged as a group? Does continued race-based preference advance substantive equality-or merely create a new form of elite privilege? What would a constitutionally sound, need-based empowerment policy look like? Inside these pages you will find: A clear explanation of Section 9 of the Constitution and the landmark cases (Van Heerden, Bato Star, Solidarity, and others) that set the legal tests for fairness, targeting, and proportionality. Step-by-step analysis applying those tests to current B-BBEE practice, showing where the policy may now fail constitutional scrutiny. A policy brief with practical reforms: shifting from race-based categories to means-based support, linking incentives to job creation and SME growth, and ensuring periodic constitutional audits. Insightful discussion of risks and opportunities for government, business, and civil society if reforms are embraced-or ignored. This book is designed for lawmakers, legal scholars, policy analysts, business leaders, and engaged citizens who care about fairness, growth, and the constitutional promise of equality. By the end, you will understand how South Africa's empowerment framework can be renewed to meet today's realities, ensuring that the Constitution's commitment to equality remains both principled and practical.

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