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Legal Sector Code Drawn Up

July 26, 2022

Department of Trade, Industry and Competition

The Draft Legal Sector Code has been drawn up.

The trade, industry and competition department published the draft sector code in Government Gazette 47061 in terms of the Broad-Based Black Economic Empowerment (B-BBEE) Act.

The department points out that, in 2020, the Legal Practice Council started the process for the development of a transformation sector code.

“The process was guided by the B-BBEE Act as well as the Amended Codes of Good Practice and it culminated in the adoption of the proposed sector code in February 2021.”

Comment on the draft code is sought prior to it being submitted to cabinet for approval.

The draft code aims to address “inequities resulting from the systematic exclusion of black people from meaningful participation in the economy to access South Africa’s productive resources, economic development, employment creation and poverty eradication”.

The objectives of the draft code are to “facilitate the transformation of the legal sector to ensure that it is representative of the demographics of South Africa, ensuring that a body of well-trained and competent providers of legal services are developed and also to enable equitable and representative appointments to be made to the judiciary”.

It proposes a number of targets and weightings that differ from the generic codes and establishes its own thresholds for the determination of qualifying and exempt entities in the sector.

The draft code also calls for the setting up of a Charter Council.

Comment is invited within 60 days of the date of publication.