Four of South Africa’s leading law firms have launched a legal challenge against the government over new Black ownership and employment targets, setting the stage for a landmark court battle that highlights ongoing tensions around transformation in the country’s legal sector.
The firms, Deneys (formerly Norton Rose Fulbright South Africa), Webber Wentzel, Werksmans and Bowmans are seeking to have the recently introduced Legal Sector Code scrapped, arguing that its requirements are “irrational” and impractical.
The case is due to be heard in the High Court in Pretoria, where the firms will contest key provisions of the policy under the Broad-based Black Economic Empowerment (B-BBEE) framework.
At the centre of the dispute is a requirement that large law firms achieve 50% Black ownership within five years, including 25% Black women. While the firms say they support transformation efforts aimed at addressing the legacy of apartheid, they argue that the timeline does not reflect the realities of the legal profession, where progression to equity partnership can take many years and must be based on experience and merit.
According to Deneys, “We want to be part of the solution. But it must be legally sound, practically workable, and which genuinely advance black participation in the profession.”
Other firms involved in the challenge echoed similar concerns, warning that the targets could force outcomes that are neither sustainable nor lawful. All four firms were compliant with earlier B-BBEE requirements, which set a lower threshold of just over 25% Black ownership.
The firms also stated that the Legal Sector Code removes measures such as bursaries for black students and skills development for employees and learners with disabilities, stating that “these are not peripheral, but foundational to a functioning transformation pipeline.”
However, Justice Minister Mmamoloko Kubayi has described the Legal Sector Code as a necessary step to accelerate transformation in an industry that remains dominated by white professionals more than 30 years after the end of apartheid.
Claims of Bias and Barriers Intensify Debate Over Legal Sector Reform
Industry data shows that, like much of South Africa’s corporate sector, the legal profession remains predominantly white more than three decades after the end of apartheid. Although white South Africans account for around 7% of the population, they hold approximately 72% of partnership positions in top law firms.
Similarly, figures from the Legal Practice Council indicate that while Black lawyers make up the majority at the associate level in leading firms, their representation drops sharply at the senior level, with only about a quarter reaching partnership.
The legal challenge comes amid broader scrutiny of affirmative action policies in South Africa, partly fuelled by criticism from international figures including U.S. President Donald Trump and South African-born billionaire Elon Musk.
At the same time, the case has drawn attention to internal dynamics within the firms themselves. Several current and former Black lawyers have alleged discrimination, describing barriers to advancement and unequal treatment in the workplace.
Some cited being passed over for promotions, while others pointed to disparities in work allocation and support.“It’s so obvious the racism, it’s all palpable (but) silent,” said Inga Dyantyi, a former employee of Deneys who has filed a racial discrimination case at the Labour Court.
According to reports, another lawyer has brought a similar case against Webber Wentzel, while others have pursued complaints through the Commission for Conciliation, Mediation and Arbitration. The firms have said they do not tolerate discrimination and have processes in place to address such concerns.
Data also suggests that many Black lawyers leave the profession before reaching senior roles.
Moreover, the Johannesburg Society of Advocates found that two-thirds of junior advocates who exited the bar over the past five years were Black, pointing to a persistent attrition problem.
Christine Qunta, chairperson of the Legal Sector Charter Council, said the figures indicate a structural barrier within the profession.
“The only conclusion we can reach is that there is a ceiling that these firms believe Black people should have. It means that the kind of problems we faced at the dawn of democracy in 1994, the current and next generation will face. We cannot allow that.”
Christine Qunta
Additional reports have revealed ongoing concerns regarding gender discrimination in South Africa’s legal sector, pointing to entrenched imbalances across professional bodies and the judiciary. Others argue that discriminatory practices, unequal access to opportunities, and systemic bias continue to stymie Black practitioners’ advancement, particularly at the senior level.
Bowmans chairman and senior partner Ezra Davids indicated in a statement,“We fully support meaningful transformation and believe that, when appropriately configured, the LSC can build on the significant work that has already been done to broaden transformation within the legal sector.” He added that the firms were “committed to working with government and other stakeholders to achieve a solution that is in our country’s best interest.”
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