Justice and Constitutional Development Minister Mamamoloko Kubayi has issued a strong and clear call for accelerated change in South Africa's legal sector, warning that persistent structural inequalities threaten not only the profession but the long-term stability of the country's constitutional democracy.
Addressing legal practitioners during a high-level stakeholder engagement on Monday, Kubayi stressed that meaningful reform in the legal profession is no longer optional, but a constitutional and economic imperative. This engagement is part of a broader government strategy to deepen collaboration across the legal ecosystem while addressing systemic barriers that exclude historically disadvantaged groups.
The Minister's comments came after extensive input from stakeholders, many of whom acknowledged the ongoing challenges in achieving equal representation and access within the sector. Kubayi said that despite nearly three decades of democracy, transition efforts are facing strong resistance from established players.
“Evidence from multiple studies and sector analyzes indicates that change within the legal profession is being actively resisted by those who have historically benefited from exclusionary practices,” Kubayi said. “This resistance is not abstract – it is visible in legal challenges against the change framework, including legal sector codes, and in persistent inequalities in briefing patterns and career progression.”
Deep-rooted inequality in the legal profession
Data from the Legal Practice Council and change monitoring bodies reveal stark inequalities. While the population of black South Africans exceeds 80%, representation at senior levels of the legal profession – particularly in commercial law firms and senior lawyer ranks – is disproportionately low. Women, especially women of color, face complex challenges.
Recent reports highlight that:
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Black women make up less than 15% of senior partners at major law firms.
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A large share of high-value legal briefs continues to be allocated to white male practitioners.
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Incidents of workplace discrimination, including racial bias and sexual harassment, are under-reported but prevalent.
Kubayi directly addressed these realities, stating that “Racist behavior, sexual harassment, and exclusionary briefing practices are not isolated incidents – they are systemic issues that continue to hinder the advancement of talented Black and female legal professionals.”
Emphasizing that black women remain the most disadvantaged group in the region, she called for immediate, collective action to eliminate these barriers.
Institutional Reform and Stakeholder Accountability
In a move aimed at institutionalizing the change, the Minister announced that all State Attorney offices will now be required to hold quarterly stakeholder conferences. It is expected that these platforms will serve as platforms to monitor progress, identify bottlenecks and strengthen partnerships between the government, law firms, advocates and civil society.
“It’s about accountability and continued dialogue,” Kubayi said. “Change cannot be achieved through policy alone – it requires sustained engagement, transparency and a willingness to face inconvenient truths.”
The initiative is also expected to improve the allocation of legal functions of the state, thereby ensuring that emerging and previously disadvantaged practitioners have equal access to opportunities.
Change as a driver of economic freedom
Kubayi framed the transition not only as a matter of social justice but as a cornerstone of economic inclusion. He argued that access to legal work – particularly state reports – plays a vital role in wealth creation and business development within the sector.
“For democracy to be meaningful, it must be inclusive both politically and economically,” he said. “Political freedom without economic participation is hollow. Legal information and professional opportunities are means of economic empowerment, and they should be distributed fairly.”
This perspective aligns with broader government priorities under South Africa's transformation agenda, which seeks to address economic inequalities rooted in apartheid-era exclusion.
30 years of the Constitution: A moment of reflection and renewal
The minister's address comes at a symbolic moment, as South Africa marks 30 years since the adoption of its constitution – widely considered one of the most progressive in the world.
Kubayi called on the legal fraternity to use this milestone as an opportunity for introspection and commitment to constitutional values.
He said, “The Constitution is not just a document – it is a living commitment to justice, equality and human dignity.” “It forces us to confront the injustices of the past and actively build a non-racist, inclusive society.”
However, he cautioned against misinterpreting the change as merely demographic replacement.
Kubayi explained, “Transformation is not about replacing one group with another. It is about fundamentally reshaping the system to reflect the principles of non-racism, fairness and equal opportunity.”
call for collective action
The Minister concluded with a call for unity in the legal sector, and urged practitioners, institutions and regulatory bodies to work collaboratively to overcome resistance and bring about meaningful change.
He said, “We cannot afford complacency. The future of our democracy depends on whether all South Africans feel included and represented – not just in the law, but also in the practice of law.”
As South Africa navigates a complex socio-economic landscape, the transformation of the legal sector is being seen as a key lever for broader social change – which will require sustained political will, institutional reform and collective commitment from all stakeholders.