The Broad-Based Black Economic Empowerment framework is an initiative that falls under the regulations of the 2024 Legal Sector Code which has been promoted by the government to spearhead economic and social transformation to historically disadvantaged individuals in South Africa. This development has become a hot topic with key political figures voicing strong criticisms of the framework and other DEI initiatives. From my perspective the implementations of these new policies within the legal sector code will have a profound impact on how recruitment is conducted within the South African Legal market.
Firstly, there will need to be an added level of consideration relating to the new policies, from partners within firms to hiring managers and recruiters who will be sourcing candidates, in an effort to ensure these processes are conducted in adherence to the new regulations. Like most diversity and inclusion initiatives the results will depend not on the enforcement of policy but on the effort and mindset of parties responsible for enacting this change. Firms will have to check their existing biases and potentially face some uncomfortable truths within their practices in order to take the necessary first steps to onboarding top tier Black talent. Additionally, we are likely to see a shift in the rationale behind the answer to the question “What makes a good candidate”? For so long the answer has been clear cut, but as new policies come into force, firms will need to have serious conversations regarding how they would like to answer this question.
Search firms will have to ensure that they are up to date with the recent developments in legislation and current attitudes regarding their implementation. Firms need to keep these considerations in mind when employing recruitment companies to do their work, and search firms with experience and proven track records of placing candidates from a wide range of backgrounds, including Black South African’s, will be key to helping these policies translate into the creation of a stronger, fairer legal workforce in South Africa. This will apply not just in terms of sourcing these candidates but also in providing expertise and market insight on how to induct black professionals into these existing institutions.
Furthermore, with the Legal Sector Code placing an emphasis on the development of skills for black professionals we are likely to see firms taking a greater in the development of incoming candidates. We are also likely to see firms investing in the retention and development of their existing talent and further investment in their talent retention strategy as a whole. Well-resourced firms are already placing an emphasis on talent pipelines at all levels of seniority in order to create genuine long-term change. We feel this could be a catalyst for increased competition within the talent market specifically pertaining to individuals with a desirable skillset including established Black partners who are likely to be in greater demand. Also, one of the potential outcomes of this legislation is that we may see an improvement in the financial packages offered to desirable talent which will increase emphasis on development and career progression within firms.
Moreover, with the new legislation encouraging the promotion of Business Development, firms are encouraged to provide financial support and coaching to Black-owned legal practices. This could potentially lead to an increase in mergers and strategic alliances and more Black owned law firms in South Africa who will in turn require the use of search firms to help with their strategic hiring and long-term growth.
In conclusion, the introduction of the legal sector codes in South Africa will bring about a significant shift in established recruitment practices. Firms will be required to adapt their previous hiring strategies to fall within the scope of this legislation and recruitment firms will be tasked with the pivotal role of helping both established and emerging firms navigate these developments by sourcing diverse talent and providing expertise which calls for a thorough knowledge of the existing legislation and effort to act in adherence with them.
