B-BBEE POLICY, LEGISLATION UNDER REVIEW – DEPUTY PRESIDENT

B-BBEE POLICY, LEGISLATION UNDER REVIEW – DEPUTY PRESIDENT

• 14 November 2025
• Broad-based Black Economic Empowerment
• SA Legal Academy

Please note: On 26 November 2025, Trade Industry & Competition Minister Parks Tau elaborated on the Deputy President’s statement. During a question-and-answer session in the National Assembly (responding to a written question* from DA MP Toby Chance), the Minister referred to a two-phased approach to reviewing B-BBEE. In the short-term and already under way, the review’s first phase focuses on the ‘refinement’ of ‘regulations, codes of good practice, guidelines and practice notes’. It is expected to be completed ‘by the end of this financial year’. According to the Minister, the proposed new transformation fund’s finalisation is part of and running parallel to B-BBEE review phase one. Its overarching objective is to ‘aggregate different funding instruments to maximise value’. The review’s ‘long-term’ phase two will focus on the Act itself. In that regard, the Minister alluded to the likelihood of ‘substantive amendment’. *Chance’s written question (1226) can be found on page 123 of these papers (at the time of writing, the Minister’s written reply had not yet been made publicly available).

According to Deputy President Paul Mashatile, a review of broad-based black economic empowerment (B-BBEE) policy and legislation is already under way. In a Presidency media statement recording his remarks during a recent question-and-answer session in the National Assembly, the Deputy President is quoted as having:

• alluded to policy ‘reform’ and ‘potential amendments’ to the legislation
• noted a Department of Trade, Industry & Competition process intended to identify ‘gaps’
• used the terms ‘refine’ and ‘correct’ in the context of addressing ‘weaknesses’, and
• reaffirmed government’s commitment to ‘ensuring the B-BBEE legislation and policy framework becomes more inclusive and benefits the majority of South Africans’.

‘I will not support legislation that seeks to benefit the few,’ the Deputy President said, drawing attention to the fundamental importance of ‘inclusivity’ given the legacy of apartheid discrimination.

• media statement
• B-BBEE policy, codes and legislation (DTIC website)

Published by SA Legal Academy Policy Watch

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