Are all Chinese people defined as black?

Other resources: The Impact of Chinese as Black on your BEE Scorecard & Definition of Black

No, not all Chinese are defined as Black and not all can be used to earn points on the B-BBEE scorecard.

In terms of the codes and the B-BBEE Amendment Act, “Black” means Africans, Coloureds, and Indians who are citizens of the Republic of South Africa by birth or descent or who became citizens of the Republic of South Africa by naturalisation –
(a)    before 27 April 1994: or
(b)    on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation prior to that date but were precluded from doing so by Apartheid policies:

Note the clauses (a) and (b).

In 2008 the Pretoria High Court decided that Chinese are included in the definition of Coloured.

However, based on clauses (a) and (b) a Chinese person is only defined as Black if he/she was born in South Africa or became an SA citizen by naturalisation prior to 27th April 1994.

It stands to reason that a Chinese national who arrived in South Africa in, for example, 2001 is not Black as per the definition.


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