High court sets aside Tau’s decision to gazette legal sector BEE code
Four major law firms and Solidarity win their challenges - but court leaves the legality of the code's provisions undecided.
The Pretoria High Court has overturned Minister of Trade, Industry and Competition Parks Tau's decision to gazette the Legal Sector Code, concluding that he did not exercise the independent judgment required prior to its publication in September 2024. The court has sent the matter back to Tau's office for reassessment, without making any definitive rulings on the code's alignment with the Constitution or black economic empowerment legislation.
The four law firms that initiated the legal challenge—Deneys, Bowmans, Webber Wentzel, and Werksmans—argued that the proposed code would hinder rather than promote broad-based transformation within the legal profession. Their primary concerns revolved around the exemption of over 95% of law firms from the code's requirements, as well as the removal of recognition for existing transformation initiatives.
The court's decision emphasizes that Tau's accountability lies in independently evaluating the code's justification, particularly in light of its unique departures from the general BEE framework.
Brief written by urgent.news from The Citizen's own syndicated text. Machine-written — may contain errors; check the original before relying on it.
