On Sunday, Sakeliga issued a statement accusing the Department of Agriculture, Land Reform and Rural Development (DALRRD) of developing an unlawful AgriBEE enforcement plan, and provided internal documents indicating the illicit policy.

Sakeliga obtained information through PAIA requests, exposing DALRRD's racial requirements for licenses, permits, and government services.

The plan, partially implemented over eight years, aims to restrict agricultural import and export licenses based on racial characteristics of companies, to choke out minority, and in particular, white companies, from access to trade.

The AgriBEE Enforcement Guidelines act as the "teeth" of the sector codes, delaying or withholding government services based on racial requirements. Implementation of the plan and enforcement guidelines remains ongoing, impacting agriculture and trade despite inefficiencies and delays.

The AgriBEE plan redirects regulatory objectives to a race-based system, penalizing businesses not engaged in BEE, seeking to enforce compliance with the AgriBEE Sector Code, limiting access to permits, licenses, and other services based on BEE levels.

This will effectively force the agricultural sector to hand over huge portions of their equity to black people or face potential bankruptcy.

Sakeliga urged the Minister to withdraw the unlawful plan, emphasizing its harm to agricultural production, imports, exports, and food security. They have presented the minister with four questions on the policy and its intentions:

1. acknowledge its AgriBEE Plan and AgriBEE Enforcement Guidelines, which propose to restrict the delivery of ‘services,’ such as the issuance of permits, licenses, and certificates, based on an applicant’s race; 

2. acknowledge that her department has applied pressure on the various state entities to impose BEE requirements on all permits and licences and to refuse ‘services’ to so-called ‘non-compliant’ businesses;  

3. withdraw the AgriBEE Plan and the AgriBEE Enforcement Guidelines; alternatively, provide reasons as to why the Plan and Enforcement Guidelines should be deemed to be lawful (so that such reasons can be considered and potentially challenged); and 

4. provide an undertaking that her department will not apply pressure on its internal divisions or other state entities to restrict their activities (such as the issuance of permits, licenses, etc.) based on a member of the public’s race or ‘compliance’ with BEE thresholds. 

When asked if they intend to pursue legal action, Executive Director Russell Lamberti stated that their legal team is awaiting an answer to the four questions issued in a letter to the minister before litigation can proceed.

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