The Black Business Council (BBC) has thrown its weight behind the black legal associations in their court battle. The court action is aimed at transforming the legal sector.
They want to force the Trade, Industry and Competition Minister Ebrahim Patel to gazette the long-overdue Legal Sector Code (LSC).
The case is lodged by the Black Conveyancers Association (BCA), Black Lawyers Association (BLA), National Association of Democratic Lawyers (NADEL) and the Pan African Bar Association of South Africa (PABASA).
Unhappy at the minister’s reluctance/delay
BBC’s chief executive, Kganki Matabane, said the organisation was not impressed that Patel has failed to sign the LSC since receiving the document.
“The BBC takes a dim view of the prolonged delay of the gazetting of the LSC. …The Minister of Justice and Correctional Services, Ronald Lamola, approved the LSC on 10 October 2023. He then forwarded it to Minister Patel, who has been frustrating this process since 2021. The BBC does not understand why,” said Matabane.
Delay compromises transformation in the legal sector
“This unreasonable delay means that black practitioners are frustrated and continue to suffer. [They are made to suffer] by a minister who is supposed to represent a pro-economic transformation government. These practitioners remain deprived of a sustainable flow of quality legal work.”
According to the department of justice, the draft LSC “aims to address inequities resulting from systematic exclusion of black people”. This exclusion from meaningful participation in the economy. [As such] they are denied access to South Africa’s productive resources. They are also denied access to economic development, employment creation and poverty eradication.
Draft LSC aims to transform the sector
“The objectives of the Draft LSC are to facilitate the transformation of the legal sector… To ensure that it is representative of the demographics of South Africa. Also ensuring that a body of well-trained and competent providers of legal services are developed. [In addition] to enable equitable and representative appointments to be made to the judiciary.
“The Draft LSC seeks to eliminate barriers of entry and provide equal opportunities by empowering black practitioners. Especially persons from designated categories, through ensuring equal participation in the economic opportunities within the legal sector. By also implementing measures to address the provision and availability of pro bono services. The provision of community-based legal services as well. Thus ensuring access to affordable legal services for all people in South Africa. Particularly marginalised, poor, and rural communities.”
Vacant positions not receiving priority from minister
Matabane further accused Patel of failing to appoint people to fill crucial positions. Including that of an accounting officer, after Lionel October vacated the position three years ago.
“This is the very same minister who has failed to appoint a permanent director general (DG) for almost three years. The previous permanent DG, Lionel October, left the department in April 2021. Many other senior positions at the department and its entities are occupied by people on an acting basis.
General apathy
“The BBC decries the general apathy and deprioritisation of the Broad-Based Black Economic Empowerment (B-BBEE). And it calls on President [Cyril] Ramaphosa to take action against Minister Patel,” said Matabane.
“The BBC will also request an urgent meeting between the minister and the black lawyers.”
