B-BBEE and the Draft Legal Sector Code

Reference documents:
Legal Practice Act, 28 of 2014
Broad Based Black Economic Empowerment Act no 53 of 2003
B-BBEE Legal Sector Code (Draft) found here.

This article discusses some detail such as Scorecards of the Draft Legal Sector Code. Further articles will elaborate on the individual elements of the scorecard.

On 08 November 2020 the Legal Practice Council (LPC), issued an invitation to legal practitioners to participate in consultations for the development and drafting of the Legal Sector Code, as a Broad-Based Black Economic Empowerment (B-BBEE) charter for the legal profession in terms of s9 of the Broad-Based Black Economic Empowerment Act 53 of 2003 (the Act).

The Legal Practice Council has established the Sector Code Development Steering Committee (SCDSC) to oversee the Sector Code development process.

Amongst others the following industry stakeholders are represented:

The Black Lawyers Association;
The General Council of the Bar;
The National Association of Democratic Lawyers;
The Pan African Bar Association of South Africa;
Advocates for Transformation

Scope Of Application Of The B-BBEE Legal Sector Code

The legal practitioners in private practice: legal practitioners who appear on the roll of the practicing legal practitioners as contemplated in the LPA;
The legal practitioners in the private sector: legal counsel who issue instructions and work, heads of legal departments with legal procurement budgets & executives for legal services within legal departments of private corporates;
Paralegals: non-profit, community-based organisationsand individuals providing legal services to the poor and rural communities, as defined in the LPA;
Corporate entities (private sector) that, in terms of their role, include the provision of legal services as well as procurers of legal services
Legal Aid South Africa: independent statutory bodies that are mandated by the state to enhance access to justice by providing legal services to those who cannot afford such services;
Government departments who procure and consume legal services in the nature and course of their function;
University Law Clinics: institutions that provide legal training and education, including access to legal services through the operation of law clinics.

Scorecard: Attorney Firms

Scorecard: Advocates

Scorecard for Attorneys – Qualifying Small Enterprise (Revenue R10m–R60m)

Scorecard for Attorneys – Large Entity Enterprise (Revenue >R60m)

Scorecard for Advocates – Revenue >R10m

As the date for feedback from legal practitions expired in December 2020, we await an updated draft sector code from the Legal Practice Council.

Author Craig Tonkin

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