Clause & Effect Podcast Series | BEE and Public Interest in Merger Control

Each episode will feature conversations with CDH’s leading practitioners and industry specialists, offering practical insights on key developments shaping the South African and regional business landscape.

The inaugural episode, hosted by Phetha Mchunu, features Allan Hannie, in the Corporate & Commercial practice, in a discussion focused on the evolving role of broad-based black economic empowerment (B-BBEE) and public interest considerations within merger control policies under South Africa’s competition framework.

Drawing on real-world examples and current regulatory trends, the conversation examines:

• The interplay and current misalignment between B-BBEE legislation and the Competition Act;
• Practical challenges arising from merger conditions relating to ownership and employee share ownership plans (ESOPs); and
• How companies can proactively integrate transformation into their commercial strategy to achieve both compliance and long-term business value.

Mr Hannie emphasises the importance of approaching B-BBEE not as a compliance hurdle, but as a strategic tool capable of driving competitiveness, inclusivity, and organisational cohesion.

“Transformation, when approached with purpose, strengthens business performance and creates shared value across stakeholders,” notes Allan.

The discussion underscores CDH’s commitment to providing thought leadership on issues at the forefront of corporate governance, transformation, and regulatory reform.

Watch the videocast below.