Bid to scrap legal BEE code

CASE: LAW FIRM FILES PAPERS AGAINST MINISTERS

- Paul Janisch

Just because legislation deals with righting the wrongs of South Africa's apartheid past does not mean it is right - nor fair in law. It has long been my contention that the black economic empowerment (BEE) codes of good practice were some fanciful creation of a department of trade, industry and competition (dtic) that had no idea of how an economy works.

But because of the sensitivities surrounding empowerment legislation it has been largely left to its own devices, with codes being published that are devoid of logic and sense. Almost all gazetted BEE codes happened during the former president Jacob Zuma era under then dtic minister Rob Davies.

Back then the ANC was powerful, and corporate SA kowtowed to each piece of legislation, lacking the appetite to question what was being foisted on it.

Fast forward five years, the ANC is no longer a majority party. It is fundamentally weak and does not enjoy the same levels of fear and respect it had in the past.

Tau expectation