Sunday Times

To BBBEE or not to BBBEE?

- Khumalo is an entreprene­ur

Over the past week, the effectiven­ess of broad-based BEE in facilitati­ng true economic empowermen­t has been brought under scrutiny. It all started with the DA announcing it has decided to dump BEE as a policy because it’s not working. In the DA’s view, it is the ANC’s version of BEE that stands to be rejected rather than the idea of economic empowermen­t and inclusion. I’m not sure if there is any other version of BEE. The last time I checked it is the governing party that introduced the policy. In any event, to support this assertion, the DA’s head of policy, Gwen Ngwenya, referred to multiple evaluation indicators, mainly inequality and unemployme­nt, as either having regressed or stagnated in the era of BEE. A regime that has failed to tackle such primary challenges is, in the view of the DA, not fit for purpose and therefore stands to be abandoned.

Smart people say that for democracy to work society needs credible and strong opposition parties. I would love to meet the DA bright spark who thought that getting one over on the ANC would involve a call to get rid of BEE. It doesn’t. If anything, perhaps it shows just how detached some are from the objectives of economic empowermen­t policy and the real impediment­s to its implementa­tion.

Granted, the primary challenge with the BEE report card is the ever-widening gap between its generally accepted objectives and its outcomes. As the government’s primary instrument for facilitati­ng economic inclusion for marginalis­ed black people in a manner that creates opportunit­ies and the possibilit­y of escaping poverty, BEE has not fully delivered on its mandate. While it has created a number of real participan­ts in the economy in terms of black senior executives in corporates, skilled black profession­als and some black entreprene­urs in key sectors of the economy, the broad base is not there. This is clear from the worsening unemployme­nt indicators and the fact that SA has the world’s highest inequality coefficien­t.

These challenges were never going to be solved by BEE alone, but it is worth interrogat­ing what role BEE was meant to play in tackling them, and where it has failed, instead of throwing the baby out with the bathwater as the DA suggests. But it seems the DA is not the only one suddenly struggling with the concept.

SA still battles with identifyin­g the most objective and robust evaluation tools for assessing the effectiven­ess of BEE. Key to the problem of evaluation are the various forms of arbitrage that exist in the system that can enable a company with no ownership levels to achieve the same rating as a visibly empowered company simply by focusing on parts of the scorecard that deliver no ownership to black people. Similarly, the idea of once empowered, always empowered creates scope for a company that executed a BEE deal 20 years ago, which has matured, to be granted the same recognitio­n as a company that is currently involved in an empowermen­t deal.

Then there is the recent case involving the Airports Company SA (Acsa) and Swissport. In summary, Swissport, a Swiss baggage-handling company, has objected to a clause requiring the bidders for the baggage-handling licence to commit to 51% black ownership within a year of winning the bid. In Swissport’s view, this requiremen­t is against its practice of retaining majority stakes in its operations and flies in the face of the constituti­on. Yes, the Swiss company believes that a state-owned entity in a government that has adopted BEE as a policy is against the constituti­on if it requires service providers to be blackowned.

Acsa’s view is that baggage-handling services have been earmarked for large-scale transforma­tion. Acsa intentiona­lly wants companies that are committed to substantiv­e empowermen­t to be the ones providing such services. This naturally revives the old tensions between global companies that have scale and expertise, their much smaller local competitor­s, and the country’s commitment to transforma­tion. Global companies setting up local subsidiari­es are prone to doing the barest minimum to comply with empowermen­t targets, as many simply see us as a dot in their maps and not necessaril­y a key market. Local companies, on the other hand, may have the right commitment to transforma­tion but lack the capacity to match the scale of the global competitor.

Once upon a time the government tried to marry these two divergent worlds under the principle of “skills transfer” by awarding the business to both companies and hoping that the forced marriage would bear love and prosperity. All that happened was that the local firm was kept around for compliance and the global firm did all the work and took the lion’s share of the profits.

This may be the reason why the likes of Acsa have run out of patience and now insist that key suppliers must be black-controlled before they can bid for key contracts. Business must learn that regulation will always chase compliance — in other words, if you don’t do it yourself we will force you to do it.

So the DA may do better focusing on the real reasons why corporate SA and even foreign companies have been so slow at transformi­ng.

If you don’t do it yourself we will force you to do it

 ??  ?? Andile Khumalo
Andile Khumalo

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