Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)Sector CodesLegal Sector Code, 202423. Key measurement principles relating to ownership |
| 23.1. | The fundamental principle for measuring B-BBEE compliance in any LSME is that substance takes precedence over legal form. |
| 23.2. | The purpose of measuring ownership element in this LSC is to acknowledge the following unique characteristics and dimensions of the legal profession: |
| 23.2.1. | that the legal profession is partly made up of advocates who are admitted, enrolled and practicing as such and who cannot be measured on ownership and management control elements; and |
| 23.2.2. | that the legal sector is partly made up of admitted and enrolled attorneys who practice as such, either as sole legal practitioners or in partnerships or in incorporated practices of different sizes, in which event the ownership element would be applicable. |
| 23.3. | Certain principles applicable to ownership measurement set out in the Generic Codes, such as bonus points and new entrants, may not necessarily find full expression in the LSC due to the nature of the legal profession, although where practically possible, such shall be aligned accordingly. |