I hold no love for the Mining Charter, but Bryan Rostron repeats a frequently heard allegation regarding its so-called Gupta clause — that nonwhite people naturalised after 1994 are eligible to be considered for black economic empowerment (SA’s coup has already taken place at the hands of the racist Gupta family, August 25). This assertion was first made by Max du Preez and has been quoted endlessly since. It is factually incorrect since the wording explicitly states that anyone naturalised after 1994 would have to "have been entitled to acquire citizenship by naturalisation prior to that date". This is in line with the wording of the Broad-Based Black Economic Empowerment Act of 2003 and is meant to cater for people who were denied naturalisation by the apartheid regime due to the colour of their skin. The Guptas settled here in 1993 and would not have been eligible to naturalise until at least 1998, even assuming they had permanent residence from the start of their foray into SA. ...
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