President Cyril Ramaphosa’s cabinet has approved the publication of the Draft Legal Sector Code (Draft LSC) for public comment. We expect the Draft LSC to be published in the Government Gazette shortly.
Diversifi hosted a webinar on the 3rd of December 2020 after the Legal Practice Council (“LPC”) organized public hearings. The LPC has embarked on a process to oversee and facilitate the development and adoption of a B-BBEE Legal Sector Code. As part of the process of developing the B-BBEE Legal Sector Code, the LPC invited interested parties to submit comments on the draft statements by 15 December 2020. We received much-valued input, collated the suggestions and information and forwarded it to the LPC for consideration and incorporation.
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
The Draft LSC will be published in the Government Gazette for 60 days to allow for public comments. This Draft LSC is expected to be a close version of what one could expect as the final LSC. Based on past experience, we expect the final LSC to be effective as of date of publication with no transitional arrangements. This has been the case with other Sector Codes.
Facts:
- Currently there are no Sector Codes for the Legal Sector, therefore the Amended Generic Codes of Good Practice are applicable;
- Once a Legal Sector Code is gazetted under section 9(1) of the B-BBEE Act, then all entities in that defined sector MUST apply the Sector Code;
- A Sector Code is tailored for the sector and enables the industry to implement more effective interventions in certain elements of the Scorecard;
- An industry charter, if co-developed by industry stakeholders, stands a better chance of being supported by the profession;
- Typically, there is no transitional period, effective for certificates issued as of gazette date.
Upon publication of the approved Draft Legal Sector Code, Diversifi will study the Draft LSC and will be in a position to assist stakeholders. We can assist legal practices with:
- Assessments and preparation of B-BBEE scorecards.
- Structuring and the development of B-BBEE scorecard plans;
- Structuring and the development of transformation strategies.
Diversifi has assisted many organisations to provide input into draft legislation and also to prepare for and implement the requirements of Sector Codes.
Please visit www.diversifi.co.za for more information on our products and services and contact details. To download this document in pdf format click HERE.
Kind Regards,
Eric Ackroyd
Chief Operating Officer and Transformation Specialist
