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Law firms must increase black advocates – charter

Publish date: 26 March 2007
Issue Number: 1792
Diary: Legalbrief Today
Category: Corruption

Law firms that do not fulfil quotas for the employment of black advocates could face criminal charges in terms of a draft of the Legal Services Charter, notes the Sunday Times.

The charter stipulates that SA law firms will be compelled to farm out cases to black advocates in a bid to ensure they meet the minimum requirements set down by the government. The charter, which will be debated in Cape Town this week, stipulates that the legal fraternity must employ 40% black advocates by the end of the year. By next year, the figure must climb to 60%. Law firms also must have a 35% black partnership, of which half must be women and at least 4% must be people living with a disability. Although there are 16 600 attorneys in the country, there are roughly 2 000 advocates – of which only a small percentage are black, including coloured and Indian lawyers. A major debate is whether the charter will fall under the equality legislation or the broad-based Black Economic Empowerment Act. Should the charter fall under the equality legislation, there could be criminal charges for those firms which do not comply. Full Sunday Times report

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