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[FILE] BLA President Mr Nkosana Mvundlela leading the BLA General Members Meeting in Gqeberha discussing the theme: “The Practice of Law in the Era of AI & the 4IR”.
The Black Lawyers Association (BLA) says the Legal Sector Code is critical for transformation within the judiciary and legal profession.
This comes as several major law firms, including Norton Rose Fulbright (Solidarity Deneys-Reitz), Webber Wentzel, Werksmans Attorneys and Bowmans, challenge the code in the Pretoria High Court.
The firms argue that the 2024 B-BBEE rules, which require up to 50% black ownership, are unconstitutional and unworkable.
BLA President Nkosana Mvundlela says the challenge is unnecessary and that transformation in the sector remains incomplete.
Mvundlela says, “There are two things that we must accept. Firstly, we should, uh, as a country, accept that the Constitution enjoins government to establish policies, which policies must be able to implement a transformation agenda, which must empower the historically marginalised”.
“Those big law firms did not build themselves out of accidents. They built themselves out of the work that they were able to source out of government, and as a result, they built a huge human capital and also built a huge human capital capacity and the skill set, which, as matters stand,” says Mvundlela.
“Do not find resonance or existence among the black uh legal practitioners in general and women in particular. Now, when we speak about parity and equity, we are saying that the government must continue using the BEE codes in line with these specific legal sector codes. An implementation tool and machinery to achieve the objectives of the BEE codes, as they already existed for some time now. That is where the argument comes from, and we believe that this argument is just self-serving,” Mvundlela adds.
Mvundlela says concerns that smaller firms may be disadvantaged are not valid. “They are not going to be squeezed out because based on the codes, government will be obligated in terms of the very same legal sector codes, to ensure that they brief a lot of small-owned uh law firms for them to raise enough living uh, uh, uh, capital and also developmental capital to ensure that they build capacity from within.”
The firms challenging the code have argued that compliance requirements could affect operations and client choice.
Meanwhile, Norton Rose Fulbright has confirmed that its South African practice has separated from its global structure and will operate independently under the Deneys name from 31 March 2026.
The case is expected to determine the future application of transformation policies within the legal sector.
Law firms challenge black employment targets in court
