WEBBER WENTZEL has become the latest law firm to join the legal battle challenging the Broad-Based Black Economic Empowerment Legal Sector Code of Good Practice (LSC), arguing that its BBEE rating score was expected to decline from Level 1 to Level 6 or lower, among others.
The matter before the Gauteng High Court has been brought in two parts. Part A seeks to suspend the operation of the Legal Sector Code, pending the final determination of part B which seeks to review and set aside the Legal Sector Code and have it declared invalid.
The Legal Practice Council (LPC) has previously maintained that the LSC is vital in addressing the structural challenges faced by black practitioners, especially black women, as a result of historical inequalities.
In terms of its reasons for challenging the code as it stands, Webber Wentzel said: “The timeline for the achievement of the LSC's black ownership targets is problematic. The LSC doubles black ownership targets to 50% by year five, without recognising that ownership in a law firm is restricted to practising lawyers. They are personally liable for the firm’s debts and must typically follow an eleven-year progression path before becoming equity partners in Webber Wentzel, whereafter most tend to retain ownership until retirement. These timelines are simply not compatible with the targets set, even where transformation is a strategic priority, as it is for us. The LSC entirely removes socio-economic development (SED) from the scorecard.
“As of 2025, 37% of our partners are black, up from 25% in 2019. Over the past five years, we have trained 178 black candidate attorneys. Webber Wentzel is steadfastly committed to meaningful transformation. Our intention is not to oppose transformation, but to support the development of a Legal Sector Code that is inclusive, practical and sustainable."
The law firm argues that because the LSC is already in effect, the aim of the review application is for the LSC to be "tailored to the unique nature of the legal profession, and builds on the well-established principles of the Generic Codes that benefit black legal professionals and other black South Africans more broadly,” among others.
Its application comes after Norton Rose Fulbright’s (NRF) filed papers to challenge the move.
Non-profit organisation, Basadi Ba Molao which trains female lawyers, earlier this year condemned NRF’s application, saying they had first-hand knowledge about the devastating effect of the persistence of racial discrimination suffered by black legal practitioners.
Approached for comment on the matter, LPC spokesperson Kabelo Letebele said: “The LPC is opposing the application launched by Norton Rose and at this stage we do not have a comment.”
Cape Times