The Black Business Council (BBC) has thrown its weight behind the Legal Sector Code, describing the court challenge brought by several major law firms as an attack on transformation and Black participation in the legal profession.
In a statement issued on Wednesday, BBC chief executive Kganki Matabane said the organisation fully supported the Legal Sector Code and the parties defending it in court, including the Black Lawyers Association, Legal Practice Council and the departments of trade and justice.
Law firms challenge code
The code is being challenged by some of the country’s largest commercial law firms, including Bowmans, Webber Wentzel and Werksmans, alongside Solidarity. According to the BBC, the firms are seeking to overturn measures designed to transform the legal profession and expand access to high-value legal work for Black practitioners.
“The anti-transformation white law firms … are taking government to court seeking to overturn a policy aimed at the transformation of the legal sector,” Matabane said in the statement.
He argued that the challenge effectively opposed “the right of Black legal practitioners to equal treatment” and sought to preserve the dominance of established firms in lucrative areas of legal work.
‘Code address historical inequalities’
The BBC said the Legal Sector Code was intended to address historical inequalities in the profession and broaden opportunities for Black lawyers and advocates who have long struggled to access major commercial briefs.
“The legal sector code’s aim is to provide access to Black lawyers to such quality legal work. The code also seeks to address the imbalances of the past as required by the Constitution of the Republic of South Africa,” the statement said.
Matabane also praised Parks Tau and Mmamoloko Kubayi for defending the code and what he described as the rights of Black legal practitioners to participate meaningfully in the economy.
The BBC further noted that some of the country’s biggest firms, including ENS and Cliffe Dekker Hofmeyr, were not part of the litigation and supported the Legal Sector Code.
The case has become one of the most closely watched transformation disputes in the legal sector, with supporters of the code arguing that it gives practical effect to constitutional commitments to redress and economic inclusion, while opponents argue that aspects of the policy are unlawful.
The matter continues before the court as government and several legal bodies defend the code’s constitutionality and its role in reshaping the profession.
- The Black Business Council (BBC) strongly supports the Legal Sector Code and opposes a court challenge by major law firms aimed at overturning it.
- Leading firms like Bowmans, Webber Wentzel, and Werksmans, along with Solidarity, are contesting the code, which seeks to transform legal profession and increase Black lawyers' access to high-value work.
- BBC CEO Kganki Matabane criticized the challenge as opposing Black legal practitioners' equal treatment and preserving established firms' dominance.
- The Legal Sector Code aims to address historical inequalities and provide Black lawyers with access to significant commercial legal work, aligning with South Africa's constitutional commitments.
- Some prominent firms, such as ENS and Cliffe Dekker Hofmeyr, support the code, and the case remains a highly watched legal dispute over transformation and economic inclusion in the legal sector.
In a statement issued on Wednesday, BBC chief executive
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He argued that the challenge effectively opposed “the right of Black legal practitioners to equal treatment” and sought to preserve the dominance of established firms in lucrative areas of legal work.
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Matabane also praised Parks Tau and Mmamoloko Kubayi for defending the code and what he described as the rights of Black legal practitioners to participate meaningfully in the economy.
