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Media Statement
Minister Simelane welcomes the gazetting of the Legal Sector Code of Good Practice
02 October 2024
The Minister of Justice and Constitutional Development, Thembi Simelane, welcomes the gazetting of the Legal Sector Code of Good Practice which seeks to implement targeted interventions within the legal sector. The Code has been gazetted under the provisions of Section of Section 9(1) of the Broad-Based Black Economic Empowerment (B-BBEE) Act, No. 53 of 2003 (the Act) by the Minister of Trade, Industry and Competition, Mr. Mpho Parks Tau on 20 September 2024.
The Legal Sector Code of Good Practice, now officially in force, recognises that South Africa’s economy continues to exclude the vast majority of its people from ownership of productive assets and the possession of advanced skills, including in the legal profession. The gazetting of the Code marks a momentous development in the efforts to transform the legal profession and rid the sector of inadequate access to quality work, discrimination in procurement of specialized work, inequitable briefing patterns from state organs and State-Owned Entities (SOEs) and unequal access to senior positions within the profession, particularly based on race.
Key transformation targets set out in the Legal Sector Code include:
- 50% black ownership over 5 years, 25% of which should be black women ownership
- a management control (executive and board participation) target of 50% representation of black practitioners and a target of 25% for black women practitioners, particularly as equity partners and associates
- a skills development target of 3.5% expenditure on training programmes for black candidates and
- a procurement target of 60% by the private sector (with) a target of 80% to be achieved through the specialised procurement scorecard applicable to the public sector.
The gazette of the Code paves the way for the establishment of the Legal Sector Charter Council. The Council will play a pivotal role in overseeing the legal profession’s compliance with the Legal Sector Code. Amongst its responsibilities include monitoring implementation, providing guidance and clarification and supporting stakeholders in the effective interpretation of the Code.
Minister Simelane has on 02 October 2024 issued a call to the legal profession for nomination of candidates for consideration for appointment to the Charter Council. The appointment will, amongst others, consider
Enquiries:
Mr. Tsekiso Machike
Spokesperson: Ministry of Justice and Constitutional Development
078 237 3900
Issued by the Ministry of Justice and Constitutional Development