- Overview
Bowmans extensive knowledge, experience and wide range of key contacts place the firm in a unique position to provide comprehensive BEE and local content advice and strategies.
We monitor developments, understand both the legal framework and the political and policy contexts, and regularly engage with key regulators on local content matters.
Our clients include major local and international commercial and industrial corporations, mining houses, banks and private equity funds in many areas of economic activity across the African continent.
The South African Government’s transformation (local content) strategy is structured around B-BBEE. Our specialist lawyers keep abreast of developments in B-BBEE including the amendments to, interpretations and nuances arising in the context of the Codes of Good Practice and the various sector-specific codes. We regularly engage – both independently and on behalf of our clients – with the B-BBEE Commission, the Department of Trade and Industry, and various B-BBEE verification agencies.
We have extensive experience advising and acting for a wide range of clients across a number of sectors and have been involved in several ground-breaking B-BBEE transactions.
Specialist Services
- Formulating tailor-made B-BBEE strategies with a detailed understanding of each client as well as its position in the market, applicable sector regulation, its competitors, and its current and aspirational customer base.
- Advising on and project managing all aspects of B-BBEE transactions, including advising on B-BBEE structuring and assisting with all M&A aspects, funding arrangements, tax arrangements, and engagements with the B-BBEE Commission and B-BBEE verification agencies (if required).
- Advising on the viability of various B-BBEE ownership structures for a particular business, including the treatment of broad-based ownership schemes, employee share ownership plans, private equity funds, equity equivalent investment programmes, sales of assets under the general Codes and relevant sector codes, and applicable tax implications.
- Advising on the measurement and interpretation of the other elements contained under the Codes of Good Practice (further to the ownership element), including management control, skills development, enterprise and supplier development, socio-economic development, and various unique elements set out under relevant sector codes. We also advise on the implications for procurement decisions under both the B-BBEE legislation and the Preferential Procurement Policy Framework Act of 2000.
- Engaging with the B-BBEE Commission to obtain non-binding opinions on certain B-BBEE structures and/ or to register major B-BBEE transactions. We also engage with the B-BBEE Commission concerning certain findings and queries raised by the B-BBEE Commission in the context of various ownership structures and/ or transaction documents, and in relation to complaints and/ or investigations conducted by the B-BBEE Commission.
- Conducting B-BBEE due diligence investigations, usually as part of a broader M&A transaction.
- Conducting B-BBEE investigations relating to fronting and other abuses of the B-BBEE regulatory framework.
Specialist Services
- Formulating tailor-made B-BBEE strategies with a detailed understanding of each client as well as its position in the market, applicable sector regulation, its competitors, and its current and aspirational customer base.
- Advising on and project managing all aspects of B-BBEE transactions, including advising on B-BBEE structuring and assisting with all M&A aspects, funding arrangements, tax arrangements, and engagements with the B-BBEE Commission and B-BBEE verification agencies (if required).
- Advising on the viability of various B-BBEE ownership structures for a particular business, including the treatment of broad-based ownership schemes, employee share ownership plans, private equity funds, equity equivalent investment programmes, sales of assets under the general Codes and relevant sector codes, and applicable tax implications.
- Advising on the measurement and interpretation of the other elements contained under the Codes of Good Practice (further to the ownership element), including management control, skills development, enterprise and supplier development, socio-economic development, and various unique elements set out under relevant sector codes. We also advise on the implications for procurement decisions under both the B-BBEE legislation and the Preferential Procurement Policy Framework Act of 2000.
- Engaging with the B-BBEE Commission to obtain non-binding opinions on certain B-BBEE structures and/ or to register major B-BBEE transactions. We also engage with the B-BBEE Commission concerning certain findings and queries raised by the B-BBEE Commission in the context of various ownership structures and/ or transaction documents, and in relation to complaints and/ or investigations conducted by the B-BBEE Commission.
- Conducting B-BBEE due diligence investigations, usually as part of a broader M&A transaction.
- Conducting B-BBEE investigations relating to fronting and other abuses of the B-BBEE regulatory framework.
Related Expertise

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Chambers
Bowmans’ lawyers possess experience assisting with corporate restructuring, black economic empowerment transactions and unbundling mandates.
The Bowmans team offers international-quality credentials and experience, yet also has a strong capability to understand the nuances of the local environment.


