South Africa Law Firms Sue Over Updated BEE Ownership Targets

By Al Mayadeen English

Source: News websites

4 May 2026 15:31

Four South African law firms are suing over Black Economic Empowerment targets, amid rising discrimination allegations and disputes over transformation policies.

Four major law firms in South Africa have launched a legal challenge against the government over new Black Economic Empowerment targets, arguing that requirements on Black ownership and employment are “irrational” and unworkable within the proposed timeframe.

The firms, Deneys Reitz, Webber Wentzel, Werksmans Attorneys, and Bowmans, filed a case against the government over revised transformation targets in the legal sector, which aim to increase Black ownership and representation as part of post-apartheid redress policies.

The case is set to be heard on Monday at the Pretoria High Court, with the firms seeking to overturn the updated regulations. The challenge focuses on a requirement that large law firms reach 50% Black ownership within five years, alongside 25% Black women ownership targets.

The firms argue that the timeline is unrealistic given the structure of legal partnership progression, which they say requires long-term career development and cannot be accelerated without undermining merit-based advancement. They also object to broader changes in the sector’s compliance scoring system used to measure Black economic empowerment.

The dispute comes amid ongoing scrutiny of South Africa’s employment equity framework, which was introduced to address inequalities created during decades of apartheid rule that ended in 1994. The issue has also drawn international attention, including criticism from US President Donald Trump and South African-born billionaire Elon Musk, who have both questioned aspects of such policies.

Allegations of discrimination inside law firms

At the same time, allegations of discrimination within parts of the legal profession have intensified. According to interviews cited by Reuters with 13 current and former employees at Deneys Reitz, Webber Wentzel, and Bowmans, Black lawyers described systemic barriers to advancement, including unequal access to high-profile cases, favoritism in work allocation, and being overlooked for promotions.

One former associate, Inga Dyantyi, who left Deneys Reitz in 2024, said discrimination was both “subtle and overt,” alleging that her working environment became so intolerable that she was forced to resign. She has filed a separate labour court case alleging misconduct by a senior manager, while the firm has not publicly responded to the specific claims.

Another Black female lawyer has also filed a discrimination claim against Webber Wentzel, alleging that her working conditions were made untenable. She requested anonymity, citing fears over future employment prospects. Two additional Black female lawyers said they had filed complaints with South Africa’s Commission for Conciliation, Mediation and Arbitration; one case was dismissed on procedural grounds after resignation, while another was settled.

Despite these allegations, the firms say they have made progress in transformation. Webber Wentzel reported Black partners rising from 25% in 2019 to 38% in 2026, while Werksmans Attorneys said the figure increased from 20% to 31% over the same period. Bowmans said Black ownership has remained between 25% and 29% over the past decade, while Deneys Reitz declined to disclose its figures.

The firms argue that reaching 50% Black ownership within five years is not feasible due to the long-term nature of partnership structures and performance-based advancement. They also challenge revisions to the legal sector’s compliance scorecard system used to measure empowerment.

South Africa’s Justice Minister Mamoloko Kubayi has defended the legislation, saying the government is “not prepared to compromise” on transformation goals.

Sector data shows that while Black lawyers make up a majority at junior levels in large firms, their representation drops significantly at partnership level. The Legal Practice Council reported in 2024 that Black professionals accounted for about 59% of junior lawyers in major firms, but only around a quarter of partners.

The Johannesburg Attorneys Association found that two-thirds of junior lawyers who left the profession in recent years were Black, underscoring concerns over retention and progression.

Critics from the Legal Sector Charter Council argue that structural barriers continue to limit advancement, warning that without intervention, inequality patterns rooted in the post-apartheid transition could persist for another generation.