Some of South Africa’s biggest law firms have asked a court to set aside the nation’s policy governing Black ownership and representation in the profession, saying that its “unlawful” and “unworkable” in its present form.
The Gauteng High Court will hear the request to set aside the so-called Legal Sector Code, published by Trade Minister Parks Tau in September 2024, from May 4 to 8. Norton Rose Fulbright initially brought the legal proceedings to the court and Bowmans, Webber Wentzel and Werksmans have intervened.
The firms argue that the revised code removes recognition for several established measures aimed at so-called transformation — a local term for policies addressing apartheid-era exclusion through steps such as increasing Black ownership and staffing, and expanding skills development.
Among the concerns raised, the firms said the new code “wrongly excludes” Black non-lawyers from management control scoring, even though professionals in areas such as human resources, technology and
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