8
reward those businesses that voluntarily participated in BEE. Most notably, several
agencies altered their procurement and licensing requirements
to favor companies with
blacks in ownership or management positions.
The government also provided affirmative action guidelines. In a pivotal
development, the Employment Equity Act, passed by Parliament on October 12, 1998,
required South African companies with more than fifty employees to take concrete
measures to increase previously disadvantaged group (PDG) representation. Companies
had to make information available about the PDG profiles of their workforce within each
occupational category and level. Where the profiles revealed PDG under-representation,
companies were required to state in an Employment Equity Plan, “the numerical goals to
achieve the equitable representation of suitably qualified people from designated groups
within each occupational category and level in the workforce, the timetable within which
this is to be achieved, and the strategies intended to achieve those goals.”
18
Since the
growth of the South African economy was just keeping pace with the growth in
population, many white workers worried that the workforce could not become more
representative of the general population without whites being forced out of jobs.
The wave of black business people who began to enter corporate South Africa or
found their own businesses had virtually no capital and no business experience. They
were entering a racist business world where wealth had been generated by using blacks as
extraordinarily cheap labor. To aid in the BEE process, the government facilitated the
creation of special investment vehicles to enable black entrepreneurs to acquire divested
assets. The country’s first BEE equity deal occurred in 1993 when one of South Africa’s
largest companies sold 10% of a subsidiary to New African Investment Limited (NAIL),
a consortium of black businessmen. The deal was funded using NAIL’s new shares of the
subsidiary as collateral. Other deals followed in the wake, creating a new black business
class. Individuals with strong “struggle credentials” and political connections were
sought to participate in these deals and serve on boards and as management as a sign of
the corporations’ cooperation with the new era.
These new black business people planned to deploy the leadership, negotiation,
and organizing skills learned in the anti-apartheid movement to complete successfully
deals and mobilize employees. But they encountered a steep learning curve about the
financial and cultural aspects of business. Still, this was a period of optimism as new
black companies began to list on the Johannesburg Stock Exchange. Within three years,
fifty-three listed companies had black influence and twenty-eight were black controlled.
South Africa had its first black millionaires. However, success was short-lived. Some of
the most important black companies were soon embroiled in governance scandals, while
others found themselves in financial ruin after the Asian market crash of 1998. Most of
the increase in black ownership had been in the form of passive investments financed by
the big conglomerates that controlled 75% of the market capitalization of the
Johannesburg Stock Exchange. Very few of these first black empowerment groups took
active operational control of the businesses underlying their investments. Few built their
economic strength on a foundation of organic growth.
18
Employment Equity Act, 1998.
9
In 2001, the World Bank ranked South Africa’s income distribution as one of the
most inequitable in the world.
19
Inequality levels in the country have remained relatively
unchanged since the days of apartheid. A notable decline in inter-racial inequality was
matched by rising intra-racial inequality, especially within the majority African
population.
20
Some of the country’s blacks prospered through participation in the formal
economy, while many others fell farther behind.
Black Economic Empowerment Commission
As the BEE process unfolded, critics questioned whether the measures adopted
were simply making a handful of black people very rich while creating the illusion of
black participation. Cynical critics, including President Thabo Mbeki’s own brother
Moeletsi Mbeki, contended that a kind of “window-dressing” empowerment was the real
goal of white-sponsored empowerment and the blacks who facilitated the deals were co-
opted. Less critical observers pointed out that neither the black nor white business people
involved in these early deals had figured out how best to transfer assets quickly and
effectively across racial groups.
As high levels of unemployment
21
and poverty persisted in the black
communities, the efficacy of voluntary BEE programs was hotly debated and the call for
more aggressive government action gained strength. In May 1998, The Black Economic
Empowerment Commission (BEECom) was created under the auspices of the Black
Business Council (BBC), an umbrella body representing eleven black business
organizations. The ambition of the BEECom’s work was to develop an integrated socio-
economic program aimed at “redressing the imbalances of the past by seeking to
substantially and equitably transfer and confer the ownership, management and control of
South Africa’s financial and economic resources to the majority of its citizens.”
The Commission, of which Charnley was a member, conducted extensive
research and consultations with the government, unions, and “established business.”
After two years of work, the BEECom held a conference in which over 1000 people were
in attendance to receive their preliminary report.
22
In its final report, the Commission
stated that unless black people participated in
the economy more broadly and
substantively, the South African economy could never achieve sustained rates of growth.
In short, the Commission asserted that meeting the needs of the poor and marginalized
19
This ranking uses Gini coefficients to order inequality. South Africa ranks 5
th
lowest among the 88 countries with
recorded Gini coefficients (The World Bank, World Development Report 2000/2001: Attacking Poverty, Oxford University
Press, Oxford, 2001).
20
C. Jenkins and L. Thomas, “The Changing Nature of Inequality in South Africa,” UNU World Institute for Development
Economics Research, 2002, p. 17.
In addition, J. Seekings and N. Nattrass note that the gap between better-off African
people and poorer African people continued to grow after 2000, and that it was largely caused by trends in the labor
market. Upward mobility among a minority continued to be driven by movement into higher paying occupations. For
people in formal employment, wages and hence incomes rose in real terms. But rising unemployment meant that poverty
persisted and even deepened. See J. Seekings and N. Nattrass, Class, Race and Inequality in South Africa, New Haven: Yale
University Press, 2005, p. 45.
21
Unemployment rates among African blacks hovered around forty percent.
22
Virtually ninety-percent of the attendees were black—including most of the black business elite. Despite being invited
to the conference, the white business leaders chose not to attend.