The importance of women in Broad-Based Black Economic Empowerment

“There is often media reports about BEE and its importance, but one gets the impression the focus is often on black males with black women taking a backseat. Is there any value for companies to consider black women empowerment?”

Empowerment legislation in South Africa aims to redress the inequalities of the past not only from a race perspective, but also as regards gender. This is evidenced through numerous provisions in the B-BBEE Codes that specifically relate to black women representation under the various scorecard elements and sub elements. 

The B-BBEE Codes contain provisions relating to female shareholding or representation under the Ownership, Management Control and Enterprise and Supplier Development elements.

The Ownership element on the B-BBEE scorecard distinguishes between shareholding of black people and black women in companies. Scorecard points will therefore be forfeited if black women do not hold a minimum required percentage shareholding in such companies, irrespective of the total percentage of black shareholding. This reiterates the need to differentiate between black people and black women ownership in your business. 

Further examples of initiatives aimed at ensuring and accelerating the participation of black women as shareholders of companies include the formation of the NEF Women Empowerment Fund, an initiative of the National Empowerment Fund, which provides funding to black women acquiring majority interests in businesses, or, to black women owned businesses. Other initiatives include internal policies enforced by certain corporates and parastatals aimed at ensuring the promotion of black women ownership in the procurement chain of suppliers of services and goods. 

Under the Management Control element, representation of not only black persons, but also specifically black women is measured at board, executive, senior, middle and junior management levels. If a company therefore has, substantial representation of black male employees but no black female employees at management level, a large number of points will be lost under the Management Control element, despite good black male representation.

The Enterprise and Supplier Development element, and more specifically the Preferential Procurement sub-element, requires companies to consider and measure the B-BBEE credentials of its suppliers. One of the indicators under this sub-element measures the amount of spend, as a percentage of total annual spend, on suppliers that have a prescribed minimum percentage black women shareholding. The targets and points scored under this indicator of the Preferential Procurement sub-element have further been increased in the recent past, in line with the general theme of promoting and accelerating the economic empowerment of black women. 

The above provisions do not only play an important role in opening up economic opportunities for black women, but also hold great benefits for companies who embrace and successfully address the requirements pertaining to black women. All points earned under the black women indicators are effectively “double counted” for B-BBEE scorecard purposes.

With this in mind it therefore makes absolute sense for any business to consult their BEE advisor and develop a strategy to increase their support of black women, either in their own business or through the support of businesses that are black women empowered.

August 10, 2021
Customary and Civil marriages are equal, says Constitutional Court

Customary and Civil marriages are equal, says Constitutional Court

The Constitutional Court has recently delivered a significant judgment reaffirming that customary marriages and civil marriages hold equal legal status. Importantly, the Court clarified the implications and validity of antenuptial contracts within the context of customary marriages.

CSOS or Court? The choice is yours

CSOS or Court? The choice is yours

The recent judgment in Parch Properties 72 (Pty) Ltd v Summervale Lifestyle Estate Owner’s Association and Others 2026 (1) SA 449 (SCA) (17 October 2025) has brought welcome clarity to the long‑standing question of whether the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act) limits the jurisdiction of the High Court.

Hurt feelings ≠ Constructive dismissal

Hurt feelings ≠ Constructive dismissal

Constructive dismissal was incorporated into South African labour law in the 1980s and later codified in the Labour Relations Act 66 of 1995 (“LRA”). In terms of section 186(1)(e) of the LRA, an employee may resign, whether with or without notice, and claim unfair dismissal on the basis that their continued employment had become intolerable. Although the concept can be difficult to apply in practice, the Constitutional Court has clarified its meaning and reaffirmed its role within our law.

Sign up to our newsletter

Pin It on Pinterest