Solidarity’s Law Network questions the constitutionality of racial quotas in the legal sector

22 September 2022

The Solidarity Law Network today in its comments submitted questioned the constitutionality and morality of the Draft Legal Sector Code for the legal profession. According to Solidarity, these codes seek to police appointments in the legal profession strictly according to race. This follows the Minister of Trade, Industry and Competition, Ebrahim Patel, having published the Draft Legal Sector Code for comment earlier this year. 

Solidarity’s Law Network argues in its commentary that the Draft Legal Sector Code as it currently stands, appear to be yet another way in which the government states that race is the most important measure of a person’s identity and that it completely overshadows other traits such as excellence. 

“South Africa’s economy is of such a nature that it is challenging enough for young people to find work without their race also being held against them. With the initial publication of the code, the Cabinet argued that the code would facilitate the development of the establishment of well-trained and competent providers of legal services, except if you are white of course,” said Anton van der Bijl, Head of Legal Matters at Solidarity. “Every person has a Constitutional right to equality and human dignity, and these codes undermine that which is inadmissible.”

The Solidarity Legal Network is of the opinion that there is no justifiable reason for these codes to come into effect. “The context of the document that led to the drafting of these codes’ information is outdated and factually incorrect. Legal firms and practitioners as well as the legal profession as a whole are measured by their talent and competence and are then appointed according to this criterium. This ensures that the South African legal profession continuously develops. Draconic racial targets will not result in this, but rather counter it,” Van der Bijl continued. 

The Solidarity Law Network strives to ensure that everyone gets an equal chance at appointment and that your skin colour cannot automatically disqualify you from a profession in which anyone with a free will can practice.

“The government is so obsessed with race and race-based legislation that they do not see how negative their unsustainable legislation will be for the country. Therefore, it remains necessary to continually remind them that our country is diverse and that everyone’s interests should be protected in the same way,” Van der Bijl concluded. 

Issued by Anton van der Bijl, Head: Legal Matters, 22 September 2022