The Broad-Based Black Economic Empowerment Act of 2003 defines "black people" as a generic term that includes "Africans, Coloureds and Indians". According to the Act, "broad-based black economic empowerment" – with an emphasis on 'broad-based' - refers to the economic empowerment of all black people including women, workers, youth, people with disabilities and people living in rural areas. The socio-economic strategies envisaged include increasing black ownership and management of businesses; facilitating community and worker ownership of "enterprises and productive assets"; skills development; issues around equal representation in the workplace; preferential procurement; and investment in businesses that are owned by black people. Currently there are two categories for empowerment as it relates to company ownership. 'Empowering companies' means a company with 26% black ownership. 'Empowerment companies' refers to a company with 50% black ownership. The latter definition is, however, currently being revised and and will entail black ownership of 50.1%. The issue of empowerment is slightly different when considering government tender requirements. State tenders make reference to Historically Disadvantaged Individuals (HDIs) – a category carrying a 25% weighting in evaluating tender proposals. HDIs, which indicates black ownership and managerial empowerment levels in a business, includes white women in its empowerment measurement.

Mange finansielle analytikere har gentagne gange løftet pegefingeren og advaret vestlige firmaer mod at investere i forannævnte konsortier, men det har ikke afholdt nogle af verdens ledende firmaer i at foretage betydelige investeringer i Black Empowerment firmaer; heriblandt IBM, der oprettede et konsortie, Masana, i forbindelse med at IBM overtog driften af hele IT-infrastrukturen i Johannesbourg i år 2000 (en 5-årig kontrakt).