Gauteng High Court Hears Arguments on B-BBEE Legal Sector Code as Leading Law Firms Mount Challenge

PRESS RELEASE

For Immediate Release

JOHANNESBURG, 4 May 2026 — The Gauteng High Court today begins hearing arguments in a legal challenge to the B-BBEE Legal Sector Code (LSC), the sector-specific B-BBEE framework for the South African legal profession gazetted by the Minister of Trade, Industry and Competition in September 2024. The proceedings, which are scheduled to run until 8 May 2026, represent a significant moment for the transformation debate within the legal sector.

The application was brought by Deneys (formerly Norton Rose Fulbright) in December 2024. Bowmans, Webber Wentzel and Werksmans subsequently intervened in support of the application in April 2025. 

Commitment to transformation

Deneys is unequivocal in its support for meaningful and sustainable transformation in the South African legal profession. The firm fully supports the principle of a legal sector-specific B-BBEE code and regards transformation as a core strategic and professional commitment, not a regulatory formality.

The firm's pro bono practice contributed more than 17,000 hours of legal assistance in the last financial year, valued at over R65 million, and it continues to invest in developing a diverse pipeline of legal talent across all levels of the organisation.

Nature of the legal challenge

The challenge is directed at the Minister's decision to gazette the LSC in its current form, not at the concept of a Legal Sector Code. Deneys contends that the decision to gazette was unlawful and unconstitutional. The specific provisions of the LSC that are addressed in the firm's papers are cited as evidence in support of that contention, not as standalone grievances.

The firm has noted that much public commentary has focused on those individual provisions without appreciating their role in the broader legal argument. This framing has, in the firm's view, contributed to an inaccurate characterisation of the application as anti-transformation. Deneys rejects that characterisation. The firm's objective is to ensure that the legal profession has a sector code that is workable, evidence-based and capable of delivering genuine transformation outcomes.

Broader industry alignment

In April 2025, Bowmans, Webber Wentzel and Werksmans formally intervened in support of Deneys' application. All three firms have issued public statements indicating that they share the view that the LSC, in its current form, is unworkable and risks undermining rather than advancing transformation in the legal sector. Their independent decisions to intervene reflect a broader professional consensus on the need for a revised and more effective framework.

The hearing is scheduled to run from 4 to 8 May 2026 in the Gauteng High Court.

ENDS

Note on firm name

With effect from 31 March 2026, the firm's name changed from Norton Rose Fulbright South Africa to Deneys. The court papers in this matter have been formally amended to reflect the name change. There is no change to the legal standing or substance of the application.

For further information please contact:

Cherisse Rao, Chief Marketing Officer, c/o Elizabeth Ferreira at Narrate ([email protected])