On November 2 2020, advocates and proponents of broad-based black economic empowerment (B-BBEE) and economic transformation were dealt a near-fatal blow by the Supreme Court of Appeal (SCA), which ruled in favour of critics of B-BBEE and transformation.

By way of background, Afribusiness, supported by SA Property Owners’ Association (Sapoa), filed an appeal at the SCA after losing at the Pretoria High Court. At the core of the matter was the challenge by Afribusiness to have 2017 preferential procurement regulations set aside for allegedly being inconsistent with the 2000 Preferential Procurement Policy Framework Act...