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Major Law Firms Challenge B-BBEE Legal Sector Code in Gauteng High Court
South Africa's leading law firms, including Deneys Reitz (formerly Norton Rose Fulbright), Bowmans, Webber Wentzel, and Werksmans, are before the Gauteng High Court this week challenging the Broad-Based Black Economic Empowerment (B-BBEE) Legal Sector Code.
The firms argue that the code, gazetted by Trade and Industry Minister Parks Tau in September 2024, is unlawful, unconstitutional, and impractical. Key objections include strict targets such as 50% black ownership within five years, 25% black representation in management, and specific briefing quotas for black advocates.
Applicants contend these timelines do not align with how law firms operate, as equity is typically held by practising partners who require years of qualification and experience. They warn that rigid implementation could damage firms' B-BBEE ratings and access to government work, ultimately undermining broad-based transformation.
Government respondents and the Legal Practice Council maintain the code is necessary to address persistent structural inequalities in the legal profession more than three decades after apartheid.
The matter, formally Norton Rose & Others v Minister of Trade, Industry and Competition (Case No: 2024-149523), is being heard by a full bench of three judges.
Proceedings are set to run for five days until Friday.
The outcome could have significant implications for B-BBEE policy across other professional sectors. Public debate remains sharply divided, with critics viewing the challenge as resistance to meaningful change and supporters arguing the code's targets risk being counterproductive.
