Four of South Africa’s largest law firms are in court this week seeking to strike down new government rules requiring them to significantly increase Black ownership, even as Black lawyers within those firms allege persistent barriers to advancement.
Norton Rose Fulbright, Bowmans, Webber Wentzel and Werksmans are challenging the Legal Sector Code, published by Trade Minister Parks Tau in September 2024, arguing that the targets are “irrational” and the implementation timeline unrealistic given the experience typically required to reach partnership level. The Gauteng High Court is hearing the case from May 4 to 8.
The firms argue that the requirement to reach 50% Black ownership within five years is unrealistic, saying the path to equity partnership is lengthy and must remain merit-based.
They also contend that the code unfairly excludes Black non-lawyers, including chief financial officers, IT executives and HR professionals, from management control scoring despite their senior roles within firms.
But the legal challenge has also drawn attention to longstanding concerns from Black legal professionals within the industry. At least 13 current and former employees from the firms described experiences ranging from unequal access to high-value cases to being overlooked for promotion in favour of white colleagues.
Industry figures reflect the disparity. While Black lawyers account for about 59% of associates in leading firms, they make up only around 25% of partners. The Johannesburg Society of Advocates also found that two-thirds of junior advocates who left the bar over the past five years were Black.
“The only conclusion we can reach is that there is a ceiling that these firms believe Black people should have,” said Christine Qunta, chairperson of the Legal Sector Charter Council, which oversees enforcement of the code.
The case comes amid wider scrutiny of affirmative action policies, partly fuelled by criticism from U.S. President Donald Trump and South African-born billionaire Elon Musk.
The firms deny systemic discrimination and say internal procedures exist to address workplace complaints.
