‘We know all of us are not equal’: Court hears arguments of B-BBEE transformation in legal sector

A view of the Gauteng High Court in Pretoria. Picture: Gallo Images/Deaan Vivier The broad-based black economic empowerment (B-BBEE) legal sector code case is fundamentally about survival for black professionals in the legal field, the Gauteng High Court in Pretoria heard on Thursday, 7 May 2026. This was an argument presented by lawyers defending the implementation of B-BBEE within the legal sector.

At the centre of the dispute are several legal bodies, including the General Council of the Bar of South Africa (GCBSA) and the Advocates for Transformation (AFT). They are opposing an application brought by four major law firms – Deneys Reitz, Webber Wentzel, Werksmans, and Bowmans Gilfillan – who are challenging the regulations aimed at transforming the legal profession. The code, published by Trade, Industry and Competition Minister Parks Tau in September 2024, mandates that law firms raise black ownership to 50% over a five-year period, with half of that stake to be held by black women.

However, the firms argue that the new requirements could undermine their competitiveness by negatively affecting their B-BBEE ratings, which are crucial for securing work from the government and large financial institutions. During the fourth day of the hearing, Advocate Norman Arendse, representing the GCBSA, told the court that transformation efforts by several legal practitioners dating back decades have made “no headway”. “It’s been very frustrating and, at times, rewarding in a sense that we have seen some colleagues ascend to high positions on the bench and in other sectors of society, but even they will tell you that it’s not good enough,” he said.

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Arendse emphasised that a “voluntary soft touch” approach to transformation had failed to produce meaningful results. He argued that while entry into the legal profession for black practitioners has improved over the years, many struggle to sustain careers due to a lack of work opportunities. He pointed out that advancement within the profession, particularly attaining senior counsel status – commonly known as “taking silk” – remains difficult.

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