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"title": "Much-hyped R100bn BEE fund plan will struggle to get off the ground",
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"contents": "<span style=\"font-weight: 400;\">Opposition from business and other groups to a new fund that the government says will amount to R100-billion to fund black businesses and suppliers may well change the relationship between government and business. </span>\r\n\r\n<span style=\"font-weight: 400;\">While this issue will be used both by the DA and the ANC to demonstrate their positions on BEE, the real damage could be to the way government and business are working together. The government may find it difficult to make the case that it should receive and disburse more money, particularly when memories of the State Capture era are so fresh. </span>\r\n\r\n<span style=\"font-weight: 400;\">At the start of the year, Minister of Trade, Industry and Competition Parks Tau confirmed that the government wanted to start a fund with R100-billion to help fund black suppliers. </span>\r\n\r\n<span style=\"font-weight: 400;\">This came to light through a Parliamentary Question from DA MP Toby Chance. </span>\r\n\r\n<span style=\"font-weight: 400;\">Very few details have been given and it would appear that the only publicly available information is contained in </span><a href=\"https://www.thedtic.gov.za/wp-content/uploads/PQ-2453.pdf\"><span style=\"font-weight: 400;\">the full text of Tau’s response </span></a><span style=\"font-weight: 400;\">to Chance’s question. </span>\r\n\r\n<span style=\"font-weight: 400;\">This has led to </span><a href=\"https://businesstech.co.za/news/government/807490/plans-to-expropriate-3-of-private-company-profit-for-new-r100-billion-fund/\"><span style=\"font-weight: 400;\">headlines screaming</span></a><span style=\"font-weight: 400;\"> that the government plans to “expropriate 3% of private company profit” for the fund. </span>\r\n\r\n<span style=\"font-weight: 400;\">And, as </span><a href=\"https://www.news24.com/fin24/economy/r100bn-transformation-fund-business-vows-to-challenge-new-bee-proposal-20250122\"><span style=\"font-weight: 400;\">News 24 has explained</span></a><span style=\"font-weight: 400;\">, it appears the money would go to the National Empowerment Fund, which is planning to increase the amount of money it pays out to black companies by more than 4,000% in the next two years. </span>\r\n\r\n<span style=\"font-weight: 400;\">However, as so often with BEE, the real story may be slightly obscured by all of the shouting.</span>\r\n\r\n<span style=\"font-weight: 400;\">First, companies would not be contributing any more money to BEE than they are now. </span>\r\n\r\n<span style=\"font-weight: 400;\">As SA Chamber of Commerce and Industry CEO </span><a href=\"https://omny.fm/shows/the-money-show/r100bn-fund-for-black-businesses-private-sector-to\"><span style=\"font-weight: 400;\">Alan Mukoki put it </span></a><span style=\"font-weight: 400;\">on The Money Show this week, the law “already has that requirement. It’s the money that is already legislated for, that companies have been using to drive supplier development, to drive the issues around the introduction of black suppliers into businesses.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Crucially, he says “It’s not a new fund, it’s not a new cost. It’s a redirection of something that was happening in any event”.</span>\r\n\r\n<span style=\"font-weight: 400;\">Of course, that is not the end of the story. </span>\r\n<h4><strong>Scope for corruption</strong></h4>\r\n<span style=\"font-weight: 400;\">Because, as Chance and others have pointed out, this would be money that companies are currently giving to black suppliers that would now be given to the government. The government would then decide who receives the money. </span>\r\n\r\n<span style=\"font-weight: 400;\">The scope for corruption here is obvious. </span>\r\n\r\n<span style=\"font-weight: 400;\">The government has shown many, many times, unfortunately, that it cannot be trusted with money. </span>\r\n\r\n<span style=\"font-weight: 400;\">While the State Capture era provides the most obvious examples of this (</span><a href=\"https://www.dailymaverick.co.za/article/2023-11-09-in-blow-to-pic-iqbal-surves-independent-retrenches-a-third-of-its-staff/\"><span style=\"font-weight: 400;\">remember the PIC and Iqbal Surve</span></a><span style=\"font-weight: 400;\">), more recent history demonstrates what can happen when officials make such decisions. </span>\r\n\r\n<span style=\"font-weight: 400;\">For example, the Unemployment Insurance Fund found itself with too much money and decided to invest R5-billion in a company that until then, existed in paper form only. </span>\r\n\r\n<span style=\"font-weight: 400;\">Eventually, to his credit, the Minister of Labour and Employment at the time, Thulas Nxesi, went to court to get a judicial review to </span><a href=\"https://www.businesslive.co.za/bd/national/2023-09-11-nxesi-orders-judicial-review-of-r5bn-investment-awarded-by-uif/\"><span style=\"font-weight: 400;\">stop the deal</span></a><span style=\"font-weight: 400;\">. </span>\r\n\r\n<span style=\"font-weight: 400;\">While the director-general of his department resigned, UIF Commissioner Teboho Maruping has only </span><a href=\"https://www.news24.com/fin24/economy/uif-boss-placed-on-precautionary-suspension-again-this-time-its-over-a-r5bn-tender-20240913\"><span style=\"font-weight: 400;\">been placed on suspension</span></a><span style=\"font-weight: 400;\"> and could still return to his office. </span>\r\n\r\n<span style=\"font-weight: 400;\">It would appear obvious that the real risk would be that people with political connections would receive this money rather than companies that really deserve it.</span>\r\n\r\n<span style=\"font-weight: 400;\">Of course, one can both believe in BEE and oppose this plan, simply on that basis. But now it is likely that various groups will oppose this strongly for various reasons. </span>\r\n\r\n<span style=\"font-weight: 400;\">Organised business, including Business Unity SA, has already publicly said it opposes this plan. CEO Khulekani Mathe has made the important point to News 24 that this scheme would end up operating more like a tax on businesses than a contribution to BEE. </span>\r\n\r\n<span style=\"font-weight: 400;\">This is a strong argument. It would mean the government has to justify a new tax rather than a new BEE requirement. This could well lead to technical legal arguments being used against it. </span>\r\n\r\n<span style=\"font-weight: 400;\">In the meantime, various politicians will use it for their own ends, even though many will be in the same national coalition. </span>\r\n\r\n<span style=\"font-weight: 400;\">The DA has always opposed BEE and this could be a golden opportunity for the DA to show its voters it has not changed. Because the party might win in court, this could show it as being able to “beat” the ANC. </span>\r\n\r\n<span style=\"font-weight: 400;\">But this works for the ANC too. Tau and others might well seize on this opposition to claim it shows the DA is really opposed to BEE. This might be useful with local elections not that far off.</span>\r\n\r\n<span style=\"font-weight: 400;\">The EFF and MK party might well try to use this moment to lambast business, claiming it is simply entrenching apartheid-era privilege. </span>\r\n\r\n<span style=\"font-weight: 400;\">While this will lead to important arguments, it may not lead to much change. </span>\r\n<h4><strong>Business-government relationship</strong></h4>\r\n<span style=\"font-weight: 400;\">But what could change is the relationship between business and government. </span>\r\n\r\n<span style=\"font-weight: 400;\">Already, since the end of the pandemic, there has been a process in which government and business leaders have moved much closer to each other. Currently, the President, several ministers and business leaders are in Davos working together to sell South Africa to international investors. </span>\r\n\r\n<span style=\"font-weight: 400;\">Investec SA CEO Cumesh Moodliar </span><a href=\"https://omny.fm/shows/the-money-show/wef-2025-has-sa-inc-made-an-impression-this-time-a\"><span style=\"font-weight: 400;\">told the Money Show</span></a> <span style=\"font-weight: 400;\">on Tuesday evening how important this partnership was. And, crucially, he predicted that more would flow from this partnership in the form of solutions to long-running logistical problems. </span>\r\n\r\n<span style=\"font-weight: 400;\">Trust is crucial to this relationship.</span>\r\n\r\n<span style=\"font-weight: 400;\">While it is entirely justified to be concerned about a very close relationship between business leaders and government leaders (those who worry about Elon Musk’s proximity to President Donald Trump might well also be concerned about President Cyril Ramaphosa’s brother-in-law, Patrice Motsepe), for the moment business and government working together might well be the only option to solve many of our problems. </span>\r\n\r\n<span style=\"font-weight: 400;\">This means that Tau may well have to provide a much stronger justification for his plan. This may have to include an explanation of why the current system is not working and why the government administering such a large amount of money would be better. </span>\r\n\r\n<span style=\"font-weight: 400;\">He would also have to explain where the wonderfully round figure of R100-billion actually came from. It seems too magical to be true.</span>\r\n\r\n<span style=\"font-weight: 400;\">Tau, and others in the ANC, may come to find this is the wrong moment to try to convince cynical voters that this scheme is the right approach. The results of last year’s elections suggest voters believe the ANC should control less money, not more.</span>\r\n\r\n<span style=\"font-weight: 400;\">Thus, while there are many possible outcomes to this, one of the more likely is that this scheme simply dies a slow, and probably quiet, death. </span><b>DM</b>",
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