Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

A Pan-Afrikan lamentation for Bernard ‘Babsy’ Mlangeni: 24 February 1943 – 1 October 2026

October 8, 2026

Setting aside the Legal Sector Code a setback for transformation, says NADEL president

October 8, 2026

Asylum ruling gives migrants the right to apply, not a guarantee of refugee status

October 8, 2026
Facebook X (Twitter) Instagram
Trending
  • A Pan-Afrikan lamentation for Bernard ‘Babsy’ Mlangeni: 24 February 1943 – 1 October 2026
  • Setting aside the Legal Sector Code a setback for transformation, says NADEL president
  • Asylum ruling gives migrants the right to apply, not a guarantee of refugee status
  • Wife asked court to hear maintenance claim before husband had time to respond
  • Government says misinformation is getting ahead of its response on migration
  • Stormhaven trustees ordered to pay legal costs personally after unauthorised urgent application
  • Police captain loses eight-month pay award because promotion dispute was filed too late
  • Legal Sector Code set aside because Minister failed to independently evaluate it
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Legal Sector Code
Constitutional Law

Setting aside the Legal Sector Code a setback for transformation, says NADEL president

Motloung explains that the judgment does not reject transformation and instead highlights the need to address issues of ownership, decision-making, and access to substantial legal work.
Kennedy MudzuliBy Kennedy MudzuliOctober 8, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • Machini Motloung, president of NADEL, acknowledges that the decision is a setback for transformation. However, he also welcomes the court’s recognition that transformation is still necessary.
  • He believes the legal profession must address who becomes an equity partner, who is involved in decision-making, and who receives substantial commercial briefs.
  • Motloung insists that transformative measures should be developed through processes that meet the required legal standards.

The recent setting aside of the Legal Sector Code by the High Court in Pretoria is a setback for transformation in the legal profession, says Machini Motloung, president of the National Association of Democratic Lawyers (NADEL).

In an interview with Newzroom Afrika after the judgment, Motloung said NADEL was concerned about the outcome. However, he welcomed the fact that the court had not dismissed the need for transformation. The court reviewed and set aside Trade, Industry and Competition Minister Parks Tau’s decision to promulgate the Legal Sector Code, finding that he had not properly exercised his discretion.

The matter has now been sent back to Tau for reconsideration. The court did not declare the code’s transformation targets unconstitutional, nor did it rule that the main goals of the code were unlawful.

“What is quite pleasing is that the court has not rejected transformation. In fact, it expressly recognises the ongoing need for it,” said Motloung.

Transformation beyond numbers

Motloung said that transformation in the legal profession cannot be measured only by the number of black lawyers entering the field. He believes more focus should be on whether black lawyers are moving into positions of ownership and decision-making, as well as gaining access to substantial commercial legal work.

“We are seeing more black lawyers entering the profession, but we need to ask ourselves some critical questions: Who becomes equity partners? Who makes the decisions? Who receives substantial commercial briefs?” he said.

He said these concerns highlight the need for a sector-specific approach to transformation in the legal profession, rather than relying on a generic code. “There needs to be a move away from the generic code towards a more sector-specific code,” Motloung said.

Challenge to the Legal Sector Code

The Legal Sector Code was challenged by four major law firms, which argued that its provisions were unconstitutional and impractical. The code set targets including 50 percent black ownership within five years, 25 percent black representation in management, and targets for briefing black advocates.

Motloung said that NADEL had always supported a sector-specific approach and pointed to the significant consultation that took place during the development of the code. Legal organisations and the broader profession were engaged, and technical expertise was also sought.

He said the judgment still underscored the importance of making sure that legal requirements guiding the adoption of transformative measures are properly followed.

Process must withstand legal scrutiny

Motloung emphasised that greater attention must be paid to the details of the process when introducing transformative measures. “We have to pay close attention to the details of the process to ensure we meet the legal threshold,” he said.

He expressed concern that the Legal Sector Code had been in development for about six years, if not longer, only for the process to be sent back for reconsideration. Motloung said this setback should serve as a lesson about the need to ensure that transformative measures are developed thoroughly and in a timely manner, so that they can withstand legal scrutiny.

Motloung said the focus should remain on ownership, decision-making, and access to substantial commercial work, while making sure that any measures adopted to address these issues comply with the law.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

black economic empowerment legal profession Legal Sector Code NADEL transformation
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Asylum ruling gives migrants the right to apply, not a guarantee of refugee status

October 8, 2026

Legal Sector Code set aside because Minister failed to independently evaluate it

October 8, 2026

When the law is above morality, and Black Consciousness meets the pursuit of money

October 7, 2026
Leave A Reply Cancel Reply

Prove your humanity: 8   +   9   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Opinion
5 Mins Read

A Pan-Afrikan lamentation for Bernard ‘Babsy’ Mlangeni: 24 February 1943 – 1 October 2026

By Advocate Sipho MantulaOctober 8, 20265 Mins Read

Bernard “Babsy” Mlangeni’s music gave voice to the dreams, struggles and aspirations of ordinary African people across generations.

Setting aside the Legal Sector Code a setback for transformation, says NADEL president

October 8, 2026

Asylum ruling gives migrants the right to apply, not a guarantee of refugee status

October 8, 2026

Wife asked court to hear maintenance claim before husband had time to respond

October 8, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

Rhodes deputy VC acknowledges student debt concerns; spokesperson refers arrests to SAPS

October 5, 2026

AI-polished images and ‘Satin’ badges made a polyester Shein dress look premium

October 4, 2026

Debt counsellor trapped 216 consumers in debt review process without their consent

September 26, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by