A legal analysis of the application of the broad-based black economic empowerment in the mining sector in South Africa

Abstract

The study looks into the phenomenon of Black Economic Empowerment in South Africa (B-BBEE) in the mining sector. The newly elected government in South Africa had to deal with the injustices of the past under the apartheid government and had to introduce programmes to help the Historically Disadvantaged South Africans and building the economy. For many years, the mining sector contributed to the South African economy; however, mining operations in South Africa have not given the Historically Disadvantaged South Africans opportunities to participate in the mining industries or partake in the mining sector. The introduction of the Broad-Based Black Economic Empowerment in South Africa aims to promote and provide better opportunities to the previously disadvantaged communities in South Africa. However, it has been reflected that there is a slow transformation in the mining industry and economic participation of the Historically Disadvantaged South Africans in South Africa. The study finds that broad-based black economic empowerment (B-BBEE) policies have had little developmental impact and were not properly implemented in the mining sector. Keywords: Broad-Based Black Economic Empowerment, Affirmative Action, Empowerment and the Mining Sector in South Africa