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

Sector Codes

Legal Sector Code, 2024

9. Objectives of the LSC
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9.1. It is important to ensure that the following outcomes and objectives of the LSC are achieved:
9.1.1. to deal with and manage the legal sector’s unique features and characteristics that require specific measurements and interventions;
9.1.2. to ensure that industry stakeholders commit to the implementation of the LSC and commit to respecting and upholding the values enshrined in the Constitution that the provisions of the LSC aim to achieve;
9.1.3. that industry-specific and practical thresholds, targets, measurement principles and weighting points are clearly defined and outlined in the LSC for all to understand and implement;
9.1.4. to implement more effective interventions in certain elements of the scorecard; and
9.1.5. to ensure that incentives for innovative and progressive implementation of the LSC in a unique manner are promoted, encouraged and protected.

 

9.2. It is important that in achieving the objectives of the LPA and the B-BBEE Act:
9.2.1. the legal sector supports the vision of and commitment to a transformed quality legal profession in compliance with the B-BBEE Act, which establishes a legislative framework for the promotion of B-BBEE and economic inclusiveness;
9.2.2. the LSC is aligned to the principles underpinning the NDP which aims to, inter alia, eliminate poverty and reduce inequality by 2030 in the context of promoting transformation in the legal sector;
9.2.3. introduces EAP targets which are aimed at addressing the unequal representation of racial sub-groups participating in the sector, based on regional and demographic representations, being Africans, Coloureds and Indians;
9.2.4. minimum levels of procurement spend and the procurement of work from LSMEs, where applicable, are set aside based on racial and gender demographics at a national level, with specific reference to LSMEs that are at least 51% black owned or at least 51% black women owned; and
9.2.5. minimum levels of allocations of work are set aside for LSMEs that are, with regard to the racial and gender demographics at a national level, at least 51% black owned or 51% black women owned.

 

9.3. At all relevant and material times, the implementation of the LSC should be underpinned by the following objectives:
9.3.1. ensuring that black women are equitably represented in the management and ownership structures of legal practices;
9.3.2. providing access to justice and outlining the responsibilities and obligations of stakeholders in addressing those challenges;
9.3.3. improving the availability of quality legal services by ensuring the provision of continuing and sustained education and skills development;
9.3.4. enhancing, developing and empowering black legal professionals, in particular in designated categories in all fields of legal practice especially specialised areas of law;
9.3.5. addressing challenges of entry into the legal profession, with specific emphasis on challenges experienced by law students and trainees from designated categories;
9.3.6. ensuring the availability of quality legal training and education by ensuring the availability of continuing legal training and education; and providing quality in-service training and learnership opportunities;
9.3.7. implementing measures to address the provision and availability of community-based legal services, thus ensuring access to affordable legal services for all South Africans, particularly those in marginalised, poor and rural communities;
9.3.8. facilitating the transformation of the legal sector to ensure that it is representative of the demographics of South Africa;
9.3.9. ensuring that a body of well-trained and competent providers of legal services are developed to enable equitable appointments to be made to the judiciary;
9.3.10.adopting measures to promote the equitable distribution of all areas of legal work effectively and meaningfully to eliminate barriers of entry and provide equal opportunities by empowering black legal practitioners, especially persons from designated categories, by ensuring equal participation in the economic opportunities within the legal sector;
9.3.11.ensuring and enhancing demographic representation in respect of ownership, management, control and employment within legal practices; and
9.3.12.creating an enabling environment to reflect the diversity of our society and ensuring the promotion of equality and the prevention of discrimination.