Our Constitution sets the goalposts: dignity, equality, non-racialism and freedom (section 1). It allows remedial measures to advance those unfairly disadvantaged (section 9(2)). It does not say such measures are permanent, immune from evidence, or above review. Any remedy must be reasonable, proportionate and effective.
Free SA believes BEE, as currently designed and enforced, isn’t meeting that test. It rewards insiders who can game a complex system while millions remain locked out. It has turned too much economic activity into a points chase rather than a value-add race.
We’re calling for a legislated sunset clause—a clear end date unless Parliament, after open review, renews specific measures that are proven to work. Empowerment should be measured by outcomes, not intentions, and it should lift people because they are poor and excluded, not because they fit a permanent racial category.
Your voice can change the law.
Help us build a future where fairness and effectiveness—not politics or patronage—drive transformation. Your submission will be added to Free SA’s general submission to the President, the Minister of Trade, Industry and Competition and the Minister of Justice and Constitutional Development on 30 November 2025.
BEE vs preferential procurement (in one minute)
BEE/B-BBEE
The national transformation framework and scorecard used to rate firms on ownership, management, skills and supplier development.
Preferential Procurement
How the state buys. The Constitution requires fair, transparent, competitive, cost-effective tenders (section 217), and permits preference within that lawful framework.
They’re connected but not the same. We want cleaner procurement and smarter, time-bound empowerment—no more blank cheques.
Your voice can change the law. Help us build a future where fairness and effectiveness—not politics or patronage—drive transformation. Your submission will be added to Free SA’s general submission to the President, the Minister of Trade, Industry and Competition and the Minister of Justice and Constitutional Development on 30 November 2025.
Your contribution ensures that Free SA can continue to fight for your rights. From public awareness campaigns to legal battles, every rand helps us protect democracy and equality.
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