High court sets aside Tau’s decision to gazette legal sector BEE code

Four major law firms and Solidarity win their challenges – but court leaves the legality of the code’s provisions undecided.
The Pretoria High Court has set aside Minister of Trade, Industry and Competition Parks Tau’s decision to introduce the Legal Sector Code, finding that he failed to exercise the independent judgment required before publishing it in September 2024.
The court sent the matter back to Tau’s office for reconsideration, but made no ruling on whether the code itself is consistent with the Constitution or black economic empowerment (BEE) legislation.