In June 2020 I argued that BEE focuses on the colour of one’s skin and forces poor blacks to pay through the nose for electricity that could be supplied much cheaper if Eskom were allowed to purchase coal from companies that are not BEE compliant (“BEE is destructive (https://www.businesslive.co.za/bd/opinion/letters/2020-06-25-letter-bee-is-destructive/)”, June 25). In addition, I suggested asking our courts to suspend BEE until the government came up with a policy that was ­less vague and incoherent’.

I was pleased to hear last week that the Supreme Court of Appeal has set aside a BEE condition introduced in 2017 by then finance minister Pravin Gordhan, and has given finance minister Tito Mboweni 12 months to promulgate new legislation. In doing so the court said state-owned companies cannot disqualify prospective contractors that are not 51% black-owned without first considering the price and proposition of the tender...

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