Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)Sector CodesLegal Sector Code, 202413. Responsibility for Monitoring the Implementation of the LSC |
| 13.1. | Subsequent to the Minister gazetting the LSC, a Charter Council shall be established comprising of stakeholders in the legal sector in accordance with the provisions of the B-BBEE Act as read with the provisions of paragraph 6 of Statement 003. |
| 13.2. | The Minister of Justice is responsible for the establishment of the Charter Council. |
| 13.3. | Stakeholders in the legal sector shall nominate members of the Charter Council and such members shall be approved by the Minister of Justice. |
| 13.4. | The responsibility to monitor compliance with the LSC and oversee its implementation shall reside with the Charter Council. |
| 13.5. | The Charter Council shall be supported by administrative staff. |
| 13.6. | The establishment, operations and/or activities of the Charter Council shall be jointly funded by the LSTF, DOJ&CD and the LPC, in proportions and manner to be agreed to by such parties from time to time, or as may be regulated by the B-BBEE Act. |
| 13.7. | On an ongoing basis, the Charter Council shall: |
| 13.7.1. | monitor compliance with the LSC; |
| 13.7.2. | provide clarification, support and assistance in the interpretation and implementation of the LSC; |
| 13.7.3. | liaise with all government departments, agencies, and other relevant stakeholders for the purpose of facilitating the implementation of the LSC; |
| 13.7.4. | initiate and supervise revisions to the LSC; and |
| 13.7.5. | publish annual reports reviewing progress in the transformation of the legal profession and submit such reports to all relevant stakeholders including the Minister, the Minister of Justice, and the B-BBEE Commission. |
| 13.8. | In order to ensure compliance with this Sector Code, all Measured Entities that elect to be measured for B-BBEE compliance, shall annually provide a report to the Charter Council. Where applicable, the report must include a scorecard audited by an accredited verification agency and a detailed report on progress complying with the provisions of this Sector Code. |
| 13.9. | Notwithstanding the provisions of paragraph 13.7, ELEs and black-owned QSEs are not required to file a report referred to therein, except in the event that they elect to obtain enhanced recognition in terms of LSC 000 in the case of ELEs. They are only required to submit a sworn affidavit, or a certificate issued by the Companies and Intellectual Property Commission (CPIC) provided for in paragraph 14 to the Charter Council on an annual basis. |
| 13.10. | The first annual report shall be filed not later than the first anniversary of the promulgation of this Sector Code. The date for subsequent annual reports shall be determined by the Charter Council. |
| 13.11. | The Charter Council must, in accordance with the provisions of the B-BBEE Act and established working protocols that may be finalised with the B-BBEE Commission, report all suspected incidents of fronting and fraudulent scorecards to the office of the B-BBEE Commission to enable investigation of any fronting and circumvention practices within the legal services profession. |
| 13.12. | The Charter Council shall ensure that: |
| 13.12.1. | the LSC is complied with in both the public and private sectors; and |
| 13.12.2. | the relevant public sector clients and procurers of legal services achieve targeted procurement as set out in this LSC. |
| 13.13. | Notwithstanding anything to the contrary contained herein, the role of the Charter Council shall not override that of the B-BBEE Commission as provided for in the B-BBEE Act. The obligation to file reports to the Charter Council shall be in addition to the obligation to file reports with the BBBEE Commission, not in substitution. |