South Africa’s empowerment laws may be distinct, however such laws are not a unique global occurrence, says President Cyril Ramaphosa.

The country’s empowerment laws, particularly the Broad-Based Black Economic Empowerment legal framework, have come under public and media debate over the past few months.

In his weekly newsletter released on Monday, the President said that the empowerment laws are practical, feasible and responsive to “economic conditions, without deviating from the objective of redressing the economic injustices” of the past when Africans and other people of colour were excluded from meaningful economic participation during apartheid.

“Empowerment laws are not unique to South Africa. These laws are often referred to as indigenisation or localisation measures. They exist in various forms in other emerging market economies with similar histories of race-based economic exclusion such as India, Zambia, Indonesia, Nigeria, Malaysia and Brazil.

“A number of these jurisdictions compel foreign investors or multinationals, who wish to invest in the economies of those countries or in certain sectors of their economy, to fully set aside equity stakes in their companies to local entities as a prerequisite for operating in the country. This can serve be seen as a barrier to entry for investment in certain environments.

“However, we have found that many would-be investors do embrace these measures as they enhance inclusiveness, lead to broad acceptance of their companies and tend to grow market share,” he said.

The President explained that South African empowerment laws earn distinction in that the measures are “practical and innovative”.

“In addition to having a pure equity participation measure, we have introduced the Equity Equivalent Investment Programme (EEIP).

“It was created to accommodate multinationals whose global practices or policies prevent them from complying with the B-BBEE ownership element through the ‘traditional’ sale of equity or shares. It allows multinationals to invest in socio-economic, skills and enterprise development in South Africa without selling equity in their local subsidiaries,” President Ramaphosa said.

He pushed back on suggestions that EEIP is a circumvention of empowerment laws and public assertions that it is a “response to the conditions of a particular company or sector”.

“Neither are factually correct. Firstly, the EEIP is not new and has been in existence for a decade. It is firmly embedded in our laws and is not an attempt to ‘water down’ B-BBEE.

“Secondly, there are stringent requirements for multinationals to participate. All EEIP initiatives must be aligned to government’s economic policies and strategic goals. There is firm government-backed oversight over EEIP programmes that must be broad-based in terms of impact.

“Since its inception, the EEIP has encompassed a broad range of sectors and onboarded some of the world’s leading multinational firms such as Hewlett-Packard, Samsung, JP Morgan, Amazon, IBM and automotive firms such as BMW, Volkswagen, Nissan and Toyota,” he highlighted.

President Ramapohosa cited technology conglomerate, Microsoft’s investment as an example of how EEIP can lead to local development.

“Microsoft announced a R1.32 billion investment over 10 years in skills and supplier and 4IR research and development – under the EEIP.

“These firms have leveraged the EEIP to direct investment into local development, to incubate black, youth and women-owned businesses, and to fund skills development. This has in turn assisted government in achieving a number of policy and also infrastructure goals.

“Equity Equivalents have been proven to be a practical B-BBEE compliance tool for multinationals operating in South Africa, and we will continue to leverage them in pursuit of economic growth and job creation,” he said.

Changing perceptions

President Ramaphosa reiterated his stance that economic growth and transformation can co-exist.

“Not only do we have to move away from the perception that we must make a choice between growth and transformation – we also have to shift the mindset that compliance with B-BBEE is punitive or burdensome.

“By supporting firms with compliance, they are able to embrace empowerment as a meaningful investment in South African’s long-term economic stability. This is a sound strategy that recognises that a transformed South African economy is one in which their investments are safe and guaranteed,” he said.

The President highlighted that since the introduction of empowerment laws, the “playing field” has evolved.

“The emergence of new industries, whether it is digital technology, advanced manufacturing, AI or renewable energy, means South Africa must actively position itself to attract greater foreign and domestic investment in these sectors or risk being left behind.

“As a country, we have had to adapt and evolve in response to these economic trends, and continue to do so,” President Ramaphosa said.

He emphasised that even as economies and trends evolve, economic transformation remains a government imperative.

“We are clear that our empowerment laws remain central to our goal of economic transformation in South Africa and are here to stay. As business and industry, as labour and indeed, as all of society we should remain firmly behind these laws that are integral to undoing the injustices of the past.

“Our focus going forward must remain creating an enabling policy environment, driving key structural reforms, supporting innovation, and reducing regulatory barriers to harness the potential of emerging industries and support existing ones.

“Beyond the spirited and often heated debates currently underway around B-BBEE and the EEIP, the pursuit of inclusive economic growth that creates jobs and improves the lives of our people remains our overriding goal,” President Ramaphosa said.

Originally posted on SAnews.gov.za