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Top law firms in court bid to fight ‘unconstitutional’ BEE legal code

Dailydispatch · 🇿🇦 public South Africa · · 739 words · By Sinesipho Schrieber
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What to know about Top law firms in court bid to fight ‘unconstitutional’ BEE legal code

The high court in Pretoria will this week hear a legal challenge against the new government policy aimed at transforming the legal sector.

Claims checked 17
Techniques found 0
Topics 0

Coverage spectrum

Coverage gap: Low Left coverage
Left0%
Center83%
Right17%

6 sources compared across this story cluster. This is an eFinder estimate from indexed source coverage, not an editorial rating.

What happened

The high court in Pretoria will this week hear a legal challenge against the new government policy aimed at transforming the legal sector.

Why it matters

The broad-based BEE legal sector code, aimed at addressing imbalances created by apartheid and promoting equal participation in the economy in the sector, was implemented in September 2024 and triggered the biggest battle in the legal fraternity.

Common ground

Top law firms Norton Rose Fulbright SA, Bowmans, Webber Wentzel and Werksmans want the policy reviewed and declared unconstitutional.

Perspective signals

No major persuasion pattern has been attached yet, so the source, headline, and evidence should carry most of the weight for readers.

open_in_new Read the original article: https://www.dailydispatch.co.za/news/2026-05-04-top-law-firms-in-court-bid-to-fi…

fact_checkClaims Checked

eFinder analyzed this article and checked 17 claims against available evidence, cross-references, web search, and Wikipedia. Here is what the fact-checking layer found.

check_circle Corroborated 8
schedule Pending 7
info Single Source 2
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Claim 1: “The policy is backed by several legal bodies, including the Legal Practice Council, the Pan African Bar Association of South Africa, led by former deputy director of public prosecutions Nomgcobo Jiba, the Black Conveyancers Association, the National Association of Democratic Lawyers, and the Black Lawyers Association (BLA).”
PENDING
This claim was extracted as a checkable statement from the article. eFinder labels it pending based on the available evidence and source context shown below.
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Claim 2: “Bowmans, Webber Wentzel and Werksmans make the same argument as Norton Rose Fulbright: that when rated under the new legal sector code criteria, the firms will lose their top BBBEE status.”
PENDING
This claim was extracted as a checkable statement from the article. eFinder labels it pending based on the available evidence and source context shown below.
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Claim 3: “Nomgcobo Jiba is the leader of the Pan African Bar Association of South Africa.”
PENDING
This claim was extracted as a checkable statement from the article. eFinder labels it pending based on the available evidence and source context shown below.
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Claim 4: “The code will also score large firms generating more than R25m on briefing patterns of black advocates.”
PENDING
This claim was extracted as a checkable statement from the article. eFinder labels it pending based on the available evidence and source context shown below.
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Claim 5: “Trade union Solidarity has also joined the applicants seeking to have the legal sector code declared unlawful.”
CORROBORATED
Both Timeslive and Theherald independently report that the trade union Solidarity joined the applicants.
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cross reference SUPPORTS — Trade union Solidarity has also joined the applicants seeking to have the legal sector code declared unlawful.
https://www.theherald.co.za/news/2026-05-04-top-law-firms-in…
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cross reference SUPPORTS — Trade union Solidarity has also joined the applicants seeking to have the legal sector code declared unlawful.
https://timeslive.co.za/news/2026-05-04-top-law-firms-in-cou…
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Claim 6: “Tau argues he followed all lawful procedures in approving the policy.”
PENDING
This claim was extracted as a checkable statement from the article. eFinder labels it pending based on the available evidence and source context shown below.
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Claim 7: “The broad-based BEE legal sector code... was implemented in September 2024”
CORROBORATED
Two independent news sources (Timeslive and Theherald) explicitly state the code was implemented in September 2024.
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cross reference SUPPORTS — The broad-based BEE legal sector code... was implemented in September 2024
https://www.theherald.co.za/news/2026-05-04-top-law-firms-in…
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cross reference SUPPORTS — The broad-based BEE legal sector code... was implemented in September 2024
https://timeslive.co.za/news/2026-05-04-top-law-firms-in-cou…
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Claim 8: “The case against trade, industry and competition minister Parks Tau has been scheduled to be heard this week in the special motions court.”
CORROBORATED
Reported by Theherald and confirmed by a web search result stating the case against Minister Parks Tau is scheduled for the special motions court this week.
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web search NEUTRAL — Mpho Parks Franklyn Tau is a South African politician from Gauteng. He has been the Minister of Trade, Industry and Competition since July 2024. A member of the African National Congress, he was the s…
https://en.wikipedia.org/wiki/Parks_Tau
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web search NEUTRAL — The case against minister trade, industry & competition minister Parks Tau has been scheduled to be heard for over this week in the special motion court.
https://www.businessday.co.za/news/law/2026-05-04-top-law-fi…
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web search NEUTRAL — Minister of Trade, Industry, and Competition Parks Tau is facing mounting pressure after a losing bidder for the fourth lottery licence, Lekalinga (RF) Pty Ltd, applied to the Gauteng High Court, Pret…
https://iol.co.za/news/south-africa/gauteng/2025-06-12-parks…
+ 1 more evidence source
info
Claim 9: “30% of economic interest held by black legal practitioners in the first year and 15% of economic interest held by black women legal practitioners in the first year of assessment.”
SINGLE SOURCE
The specific percentages for economic interest (30% black / 15% black women) are only reported by Theherald; the web search results provided are irrelevant or discuss different percentages (e.g., 35% for board members).
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web search NEUTRAL — The Legal 500. Benchmarking excellence in law since 1987. Trusted by corporate clients • Data-driven • Independent analysis. Rankings. Countries and trading blocs covered by the Legal 500.Data-driven …
https://www.legal500.com/
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web search NEUTRAL — Am Law 200 grew revenue 11.3% in first quarter of the year, though demand growth did not live up to expectations according to bank's research.
https://www.globallegalpost.com/news/rate-rises-fuel-double-…
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web search NEUTRAL — In Canada, while the number of women joining the legal profession continues to grow, accounting for nearly 60% of Ontario’s youngest lawyers, on average the number of women partners at most law firms …
https://www.womenofinfluence.ca/2012/05/06/women-legal_profe…
+ 1 more evidence source
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Claim 10: “The code requires large law firms generating more than R25m per annum to have 30% of exercisable voting rights held by black legal practitioners in the first year”
SINGLE SOURCE
While web search results discuss the Legal Sector Code and general BEE requirements, none of the provided evidence specifically confirms the 'R25m per annum' threshold or the '30% voting rights in the first year' for that specific bracket.
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web search NEUTRAL — The legal sector code requires law firms to achieve 30%-50% of black legal practitioners to be equity directors in the next five years.
https://www.businessday.co.za/news/law/2026-05-04-top-law-fi…
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web search NEUTRAL — o black people hold at least 51% of the exercisable voting rights; and.Legal practitioner shall bear the meaning ascribed to that term in the LPA, but for the purposes of the LSC, it shall include onl…
https://www.linkedin.com/pulse/legal-b-bbee-sector-codes-key…
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web search NEUTRAL — The percentage of equity participation of black women legal practitioners as a percentage of board members is set at 35% in year 1, 40% in year 2 and 45% in year 3, which is higher, by 10 percentage p…
https://www.gov.za/sites/default/files/gcis_document/202207/…
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Claim 11: “Top law firms Norton Rose Fulbright SA, Bowmans, Webber Wentzel and Werksmans want the policy reviewed and declared unconstitutional.”
CORROBORATED
The claim is corroborated by Theherald and multiple web search results identifying Norton Rose Fulbright SA, Bowmans, Webber Wentzel, and Werksmans as applicants/intervenors.
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web search NEUTRAL — Johannesburg, 8 April 2025 - Bowmans, Webber Wentzel and Werksmans have intervened in the legal proceedings initiated by Norton Rose Fulbright (NRF) to review the Broad-Based Black Economic Empowermen…
https://www.webberwentzel.com/News/Pages/bowmans-webber-went…
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web search NEUTRAL — The Legal Sector Code requirements for large firms. (Photo: Screenshot ) Top law firms Norton Rose Fulbright SA, Bowmans, Webber Wentzel and Werksmans want the policy reviewed and declared unconstitut…
https://www.businessday.co.za/news/law/2026-05-04-top-law-fi…
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web search NEUTRAL — Three legal firms join Norton Rose Fulbright in challenging BEE code Bowmans, Webber Wentzel, and Werksmans call for a revision of implementation timelines to maintain stability in the sector.
https://www.moneyweb.co.za/news/south-africa/three-legal-fir…
+ 1 more evidence source
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Claim 12: “It requires law firms to achieve 30%-50% of black legal practitioners to be equity directors in the next five years.”
CORROBORATED
Both Theherald and Timeslive report the requirement of 30%-50% black legal practitioners as equity directors within five years.
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cross reference SUPPORTS — It requires law firms to achieve 30%-50% of black legal practitioners to be equity directors in the next five years.
https://www.theherald.co.za/news/2026-05-04-top-law-firms-in…
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cross reference SUPPORTS — The legal sector code requires law firms to achieve 30%-50% of black legal practitioners to be equity directors in the next five years.
https://timeslive.co.za/news/2026-05-04-top-law-firms-in-cou…
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Claim 13: “The legal sector did not have its own code transformation policy and has been operating under the generic BEE code policy.”
CORROBORATED
Two independent sources (Timeslive and Theherald) confirm that the legal sector previously operated under the generic BEE code.
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cross reference SUPPORTS — The legal sector did not have its own code transformation policy and has been operating under the generic BEE code policy.
https://timeslive.co.za/news/2026-05-04-top-law-firms-in-cou…
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cross reference SUPPORTS — The legal sector did not have its own code transformation policy and has been operating under the generic BEE code policy.
https://www.theherald.co.za/news/2026-05-04-top-law-firms-in…
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Claim 14: “The legal sector code, which was in the making from 2020 until 2024, requires firms to increase black ownership, management, control and procurement.”
CORROBORATED
Both Theherald and Timeslive report the development timeline (2020-2024) and the requirements for ownership, management, control, and procurement.
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cross reference SUPPORTS — The legal sector code, which was in the making from 2020 until 2024, requires firms to increase black ownership, management, control and procurement.
https://www.theherald.co.za/news/2026-05-04-top-law-firms-in…
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cross reference SUPPORTS — The legal sector code, which was in the making from 2020 until 2024, requires firms to increase black ownership, management, control and procurement.
https://timeslive.co.za/news/2026-05-04-top-law-firms-in-cou…
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Claim 15: “former minister Ebrahim Patel... left the office without signing the policy into law.”
PENDING
This claim was extracted as a checkable statement from the article. eFinder labels it pending based on the available evidence and source context shown below.
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Claim 16: “The high court in Pretoria will this week hear a legal challenge against the new government policy aimed at transforming the legal sector.”
CORROBORATED
The claim is reported by Theherald and confirmed by a web search result stating Solidarity's case will be heard in the Pretoria High Court.
travel_explore
web search NEUTRAL — The Legal Sector Code will impose rigid requirements and transformation targets on the legal profession.Solidarity’s case will be heard in the Pretoria High Court on Monday, 4 May, where it will ask t…
https://dailyinvestor.com/south-africa/132045/new-bee-rules-…
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web search NEUTRAL — The matter relates to allegations against Bushiri and his wife, Mary Bushiri, who were initially accused before they fled South Africa. The case was later transferred to the Pretoria High Court, where…
https://www.atnews.co.za/npa-bushiri-co-accused-trial-to-beg…
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web search NEUTRAL — The Pretoria High Court is set to hear a case next month brought by #PayTheGrants and the Institute for Economic Justice (IEJ), challenging regulations to the R370 Social Relief of Distress (SRD) gran…
https://groundup.org.za/article/rules-for-r370-a-month-socia…
+ 1 more evidence source
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Claim 17: “the legal sector code doubling black ownership targets to 50% by year five”
PENDING
This claim was extracted as a checkable statement from the article. eFinder labels it pending based on the available evidence and source context shown below.
info Disclaimer: This analysis is generated by AI and should be used as a starting point for critical thinking, not as definitive truth. Claims are verified against publicly available sources. Always consult the original article and additional sources for complete context.