Administrative and Public Law

This area of law incorporates the vital principles of natural justice and cut across many of the firm's practice areas including dispute resolution, employment law, regulatory, competition and technology law.

Public law governs the inevitable relationship between individuals (citizens and companies) and the state. In order deal effectively with decisions that come from education authorities, municipalities, government departments or provincial administrations you need exceptional legal advice at each stage of the process. A client needs to manage risk and ensure all regulatory requirements are done according to spec.

Our public law team has shown a willingness to work with the public sector and the new challenges it poses. We have the expertise and contacts which enable us to represent clients in any and all aspects of public law.

To ensure compliance with this complicated area of law, our clients and companies in general will require the services of legal professionals with in-depth knowledge and experience to tackle these complex and often frustrating issues.

At Cliffe Dekker Hofmeyr, we have a full service public law practice able to meet the needs of clients who require the services of a business adviser that delivers strategic legal support, and has global expertise, extensive experience and a recognised track record.

Our public law services include:

• advising on the Public Finance Management Act and the Municipal Systems Act

• advising on tender procedures

• drafting and negotiating outsourcing agreements

• challenging administrative decisions

• dealing with local authorities

• representing clients in proceedings before quasi judicial bodies and representation before parliamentary sub committees

• opinions on constitutional, administrative and local government issues

• judicial reviews and litigation

• property acquisition, development and management

• company acquisitions and sales

• employment advice

• administrative decision-making processes and structures

• privatisation and public/private partnership transactions

• drafting and commenting on national, provincial and local government legislation

• lobbying/submissions to Parliament and all levels of government regarding legislative changes

• public procurement ant the tender process

• access to information

• clean development mechanisms

We also have expertise in a wide range of constitutional matters and regularly advises and represents local and provincial government, organs of state, businesses and individuals on the constitutional implications of all transactions.

This includes the following services:

• Advice on all aspects of the Constitution

• Challenges to unconstitutional legislation

• Specialist services in respect of the Bill of Rights

• Advice on the impact of the Constitution on traditional areas of practice

• Constitutional litigation

• Expertise in land claim cases

• Services to those whose fundamental rights have been infringed

• Contracts that recognise constitutional obligations

• Advice on the equality jurisprudence and legislation

• Advice on affirmative action, empowerment and employment equity developments