Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Sector Codes

Legal Sector Code, 2024

29. Key measurement principles relating to skills development
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29.1. For the purposes of the LSC, the recognition of skills development expenditure on black people who are counted under the skills development element may not be counted again under any other B-BBEE element of the QSE or large enterprise scorecard.

 

29.2. The compliance targets in the skills development scorecard are based on the national and regional demographic representation of black people as defined in the Employment Equity Act No. 55 of 1998 and Regulations, as amended from time to time.

 

29.3. In determining an LSME score, the targets should be further broken down into specific criteria according to the different race sub-groups within the definition of black in accordance with the Employment Equity Act and Regulations, being African, Coloured and Indian – on an equitable demographic representation and weighted accordingly.

 

29.4. Notwithstanding the provisions of paragraph 29.3, the targets for different race sub-groups in terms of the Employment Equity Act and Regulations as referred to in paragraph 29.3, are not applicable to the QSE Skills Development Scorecard and to advocates in LSC 301 respectively.

 

29.5. The targets for measurement will be between the minimum of 2.5% in years 1 and 2 and the maximum of 3.5% of the leviable amount in years 3 to 5.

 

29.6. The criteria for recognition of the skills development spend by legal practitioners under this LSC must be underpinned by unique, enhancing and value-adding attributes for the targeted beneficiaries. This means that over and above a skills development spend that merely facilitates entrance into the profession such as bursaries, stipends and mandatory training programmes including those pertaining to candidate attorneys and pupils, all other training interventions that enhance the ability of targeted beneficiaries to acquire skills including in specialised areas of the law to enhance their careers, should be recognised.

 

Statutory and mandatory training interventions

 

29.7. The statutory and mandatory training initiatives which will not be recognised include, but are not limited to, the following:
29.7.1.The completion and submission of workplace skills plan and annual training report;
29.7.2.The report that must be submitted to the relevant Sector Education and Training Authority; and
29.7.3.The implementation of priority skills programmes generally, and more specifically, for black people.

 

Other interventions

 

29.8. The Skills Development Scorecard provides for sector-specific programmes for skills and employment of young people. However, in line with YES initiatives gazetted by the Minister in terms of Notice 640 of 2018, LSMEs must be encouraged to employ young people (as defined in the Youth Services Plan), particularly in professional capacities.

 

29.9. The Charter Council may, from time to time, announce specific sector training and capacity-building initiatives to enhance the above initiatives.

 

29.10. The skills development expenditure on black people who are counted under the skills development scorecard may not be counted again under any other B-BBEE element of the QSE or large enterprise scorecard.

 

29.11. Through sub-category LSC 300.4, legal entities seeking to enhance their recognition are encouraged to implement initiatives that provide opportunities for law students and young legal practitioners for mentorships, work and employment.

 

29.12. Mentorship programmes are programmes which refer to mentoring of a junior advocate by a more senior advocate and, in the case of attorneys, of a junior attorney by a more senior attorney, to impart the necessary skills for the advancement of the careers of such junior advocates or attorneys, respectively. In the case of advocates, where the voluntary associations are for any reason unable to provide sufficient training or mentorship programmes, external training and mentorship programmes may be included for the purpose of measurement.

 

29.13. Advocates are not able to be measured under ownership and management control elements. Therefore, should they elect to be measured in terms of this LSC, their ability to make contributions to the LSTF provides an opportunity to obtain points that they would otherwise be unable to due to limited opportunities for other contributions.

 

29.14. Training programmes for advocates should not be limited to pupils or advocates who are members of their voluntary associations or Bars, respectively. Efforts should be made, where necessary or desirable, to extend mentorship and training programmes to pupils and advocates from other Bars or those who do not belong to any Bars or to independent Bars.

 

29.15.In instances where measurement indicators refer to expenditure, but targets are time-based, the hours or other periods should be converted to the hourly or daily rate of the legal practitioner to calculate the expenditure.