Services:

• Judicial review of various administrative decisions.
• Litigation relating to state procurements, interpretation of statutes and administrative law.
• General advice on interpretation and application of and compliance with local government legislations.
• Enforcement and interpretation of bylaws and town planning schemes.
• Advising and assisting provincial and local governments and public entities on preparation of tender documents, and representing them where tender awards are challenged.
• Advice on public-private partnership (PPP), regulatory and compliance issues.

Section 217 of the Constitution provides that all organs of state, when procuring for goods and services, must adopt and use a system which is fair, equitable, transparent, cost-effective and competitive. It also provides that, when procuring, the organs of state must consider the advancement of previously disadvantaged individuals. To give effect to this constitutional provision, parliament has enacted certain legislation including the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000) (PPPFA), Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) (B-BBEE) Act, etc. Relevant provisions giving effect to this constitutional provision have been included in Public Finance Management Act, 1999 (Act No. 1 of 1999) (PFMA) and Municipal Finance Management Act, 2003 (Act No. 56 of 2003) (MFMA). There are also various regulations promulgated in terms of the aforesaid legislation dealing with the procurements by the organs of state. Therefore doing business with the government of South Africa requires observance of complex tendering processes and strict compliance with legislative prescripts. Our team, which has extensive knowledge and experience in procurement law, assists public and private clients with complex administrative and legal principles applying to state procurement processes.

Sections 32 and 33 of the Constitution guarantee everyone a right of access to information and to just administrative action that is lawful, reasonable and procedurally fair. To give effect to this constitutional provision, parliament has enacted the Promotion of Access to Information Act and the Promotion of Administrative Justice Act. Administrative authorities and the private persons interact with each other almost on a daily basis. When this interaction occurs these constitutionality guaranteed rights must be recognised, observed and protected at all times. Therefore the public bodies who exercise public powers and the private entities who perform public functions are regulated by the principles of administrative law as provided for in the Constitution and given effect to by the above-mentioned legislation.