Strict BEE laws in South Africa declared invalid and set aside

• The High Court has ruled that Black Economic Empowerment (BEE) compliance rules in South Africa's property sector are unconstitutional and invalid, setting them aside.
• The rules in question relate to operating licences or Fidelity Fund Certificates (FFCs), which must be issued for property practitioners to operate in the country.
• The High Court struck down section 50(a)(x) of the Property Practitioners Act 22 of 2019, saying that it creates too much uncertainty and provides that the Authority may not issue a Fidelity Fund certificate to 'any person' who is not 'in possession of a valid BEE certificate'.