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The laws of South Africa are based on the constitutional requirement to remedy the imbalances of the past by benefiting historically disadvantaged South Africans. This generally means that the Black Economic Empowerment Act (BEE) and the Broad-Based Black Economic Empowerment Act (BBBEE) as well as the Employment Equity Act are designed to achieve "transformation" by bringing people who were disadvantaged during Apartheid into the economy. This is mostly done through the various "charters" in each industry and by the insistence that companies plan to employ various race groups in roughly the same proportions as they exist in the population. Through a complex system of scorecards and levels, companies are encouraged to achieve transformation in order to win government contracts. The modern trend is for HDSA's to be defined more as just black people rather than blacks, coloureds, Asians, women and people with disabilities.

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