New BEE code harms legal profession’s independence and functioning
13 March 2021
The draft BEE code for the legal sector poses a threat to the independence and functioning of the legal profession. The code harms not only the private interests of practitioners, firms, and clients, but also the public interest, given the legal professions’ foundational role in a constitutional order.
These submissions form part of business group Sakeliga’s comments this week on the draft Legal Sector Code. Now in its second iteration for public comment, the draft Legal Sector Code seeks to bring the legal profession under sector specific B-BBEE codes.
“Regulation of the legal industry should serve the function of ensuring and overseeing the quality of service and the independence of the legal sector. Instead, the draft Legal Sector Code introduces partisan political considerations (specifically, racial transformation) as matters of law into the industry. Properly understood and legitimately pursued, these considerations should rather be matters of public advocacy and lobbying within the industry. The code therefore detracts from the proper functioning of the legal profession and its institutions and is not acceptable,” says Piet le Roux, Sakeliga CEO.
Constitutional importance