Lionel Egypt

Lionel Egypt

Director, Sector Head

Lionel Egypt is a Director in the Dispute Resolution practice and the Head of our Public Law Sector. Lionel has extensive experience in administrative and constitutional law in South Africa including judicial reviews and tender related disputes. This experience includes numerous appellate matters in the areas of Administrative and Constitutional Law.

t +27 (0)21 481 6424 f +27 (0)21 481 9558

Lionel began his career as a Candidate Attorney at the Legal Resources Centre in 1997. From 1998 to 2004 he practised as Assistant State Attorney, then Senior Assistant State Attorney, after which he joined Cliffe Dekker (now Cliffe Dekker Hofmeyr) in 2004 as a Director.

Experience in the public sector: advisory

  • Advising in relation to the Constitution, the PFMA, the MFMA, the Division of Revenue statutes and the associated regulatory frameworks (including procurement and supply chain management issues).
  • Advising in relation to the Municipal Systems Act, the Municipal Structures Act, the Municipal Property Rates Act and the associated regulatory frameworks.
  • Assisting the Centre for Constitutional Rights in a challenge to the proceedings of the Judicial Service Commission and the non-appointment of eligible candidates for judicial office.
  • Assisting the City of Cape Town in a dispute regarding LUPO and the municipal acquisition of land during the planning process and in a dispute regarding the roll-out of the MyCiTi bus rapid transit system.
  • Assisting the Knysna Municipality in a dispute regarding its decision to grant planning approval for the erection of a mosque.
  • Assisting MediClinic in various licence disputes.
  • Litigating and defending various appeals under the Pharmacy Act on behalf of Clicks Retailers (Pty) Ltd.
  • Advising in relation to the PPPFA, the associated regulatory framework and the procurement of goods and services.
  • Advising in relation to the Promotion of Administrative Justice Act, the Mineral and Petroleum Resources Development Act, the Central Energy Fund Act, the Pharmacy Act, the Medical Schemes Act, the Higher Education Act, the Housing Act, the Protected Areas Act, the Lotteries Act, the Estate Agency Affairs Act, the Marine Living Resources Act, and the associated regulatory frameworks.
  • Advising on the public-law implications of restructuring public entities.
  • Advising departments, municipalities and public entities on contractual relationships with service providers.
  • Advising private entities on interactions and relations with government departments and public entities, and on operating within highly regulated industries (including advice on contractual interpretation).
  • Advising municipalities on risk-management, including statutory, contractual and delictual liability.

Experience in the public sector: investigative and reporting

  • Acting on behalf of officials and CFOs regarding forensic investigations and in relation to complaints of alleged fraud.
  • Conducting investigations on behalf of, and compiling reports for, municipalities and parastatals in relation to allegedly irregular appointments and suspected procurement deficiencies.
  • Conducting investigations on behalf of parastatals regarding alleged corrupt activities.
  • Conducting forensic investigations on behalf of a local government institution flowing from various allegations made on its fraud hotline

Experience in the public sector: administrative and internal procedures

  • Litigating internal review and appeal proceedings in the pharmaceuticals and lottery industries.
  • Advising on the processing of disputes in accordance with the Intergovernmental Relations Framework Act.
  • Applying for, and defending against applications for, access to information under the PAIA.
  • Assisting with the prosecution of alleged fronting during procurement processes.
  • Drafting submissions on proposed legislation.
  • Drafting and reviewing policies.
  • Initiating and chairing disciplinary proceedings including investigations and evidence leader in domestic tribunals.

Experience in the public sector: litigation

  • Initiating and defending reviews and other applications in the aviation, broadcasting, defence, development / planning, film, gambling, health, local government, mining, petroleum, tertiary education , fishing and transport sectors.

Notable highlights

  • Advising Government in relation to the review of decisions pertaining to the procurement of arms.
  • Advising the City of Cape in relation to its largest land acquisition to date.
  • Advising the Knysna Municipality in relation to various challenges to its procurement processes.
  • Advising Stellenbosch Municipality in relation to the allocation of subsidised housing, liability for flood damage and various internal investigations.
  • Advising the Anglican Church of Southern Africa in relation to Canon Law and various canonical processes.
  • Advising the University of the Western Cape in relation to interdicts and institutional governance.
  • Assisting the O'Regan Commission of Inquiry in a challenge to its operations brought by the Minister of Police.
  • Assisting and advising the King Commission in relation to challenges to its proceedings.
  • Assisting the Centre for Constitutional Rights in a challenge to the proceedings of the Judicial Service Commission and the non-appointment of eligible candidates for judicial office.
  • Assisting the City of Cape Town in a dispute regarding LUPO and the municipal acquisition of land during the planning process and in a dispute regarding the roll-out of the MyCiTi bus rapid transit system.
  • Assisting the Knysna Municipality in a dispute regarding its decision to grant planning approval for the erection of a mosque.
  • Assisting MediClinic in various licence disputes.
  • Assisting Maccsand CC in its challenge to the jurisdiction of the Land Claims Court.
  • Assisting REDISA in its challenge to the constitutionality of the Broadcasting Complaints Commission's Procedural Rules.
  • Assisting SAA Technical in defending a challenge to its procurement of aircraft components by Air France.
  • Litigating and defending various appeals under the Pharmacy Act on behalf of Clicks Retailers (Pty) Ltd.
  • Advising and acting on behalf of the Deputy President, at the time, regarding a subpoena duces tecum.
  • Advising and acting on behalf of the Premier of the Western Cape, at the time, regrading ad hoc Committee investigation.
  • During the course of the 17 years of practice Lionel gained specialist experience in High Court litigation and appellate litigation. Listed hereinbelow is some of the reported judgments where Lionel was the instructing attorney to parties involved in the matter:

Constitutional Court 

  • Maccsand (Pty) Ltd v City of Cape Town and Others 2012 (4) SA 181 (CC)
  •  Arun Property Development (Pty) Ltd v Cape Town City 2015 (2) SA 584 (CC)
  • Minister Of Police And Others v Premier of the Western Cape And Others 2014 (1) SA 1 (CC)
  •  Booysen and Others v Minister Of Home Affairs and Another 2001 (4) SA 485 (CC)

 Supreme Court of Appeal

  •  Macassar Land Claims Committee v Maccsand CC and Another (201/2016) [2016] ZASCA (23 November 2016)
  •  Minister of Environmental Affairs and Tourism and others v Atlantic Fishing Enterprises (Pty) Ltd and others [2004] 1 All SA 591 (SCA)
  •  Minister of Environmental Affairs and Tourism and Others v Pepper Bay fishing (Pty) Ltd; Minister of Environmental Affairs and Tourism and Others v Smith 2004 (1) SA 308 (SCA)
  •  Maccsand (Pty) Ltd and Another v City of Cape Town and Others 2011 (6) SA 633 (SCA)
  •  Judicial Service Commission and Another v Cape Bar Council and Another 2013 (1) SA 170 (SCA)
  •  City of Cape Town v Arun Property Developments (Pty) Ltd 2014 JDR 0786 (SCA)
  •  New Foodcorp Holdings (Pty) Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Others 2013 (1) SA 406 (SCA)
  • Paradyskloof Golf Estate v Stellenbosch Municipality Paradyskloof Golf Estate (Pty) Ltd V Stellenbosch Municipality 2011 (2) SA 525 (SCA)

Western Cape Division

  •  Ecaar South Africa v The President of RSA 2004 JDR 0593 (C)
  •  City of Cape Town v Maccsand (Pty) Ltd and Others 2010 (6) SA 63 (WCC)
  •  City of Cape Town v Arun Property Development (Pty) Ltd and Another 2009 (5) SA 227 (C)
  •  Pepper Bay Fishing (Pty) Ltd v The Minister of Environmental Affairs And Tourism: Republic of South Africa 2003 JDR 0095 (C)
  •  Dotcom Trading 121 (Pty) Ltd t/a Live Africa Network News v King NO and Others 2000 (4) SA 973 (C)
  •  Governing Body, Tafelberg School v Head, Western Cape Education Department 2000 (1) SA 1209 (C)
  •  The Minister Of Public Works v MXN Development Construction CC 2007 JDR 0673 (C)
  •  410 Voortrekker Road Property Holdings CC v Minister of Home Affairs 2010 JDR 0520 (WCC)
  •  CAE Construction CC v Petroleum Oil & Gas Corporation of SA (Pty) Ltd 2006 JDR 1066 (C)
  •  SA Metal Machinery Co (Pty) Ltd v City Of Cape Town 2011 (1) SA 348 (WCC)
  •  Foodcorp (Pty) Ltd v Deputy Director General, Department of Environmental Affairs and Tourism: Branch Marine and Coastal Management and Others 2004 (5) BCLR 487 (C)
  •  Smith v Minister of Environmental Affairs & Tourism, RSA and another [2003] 1 All SA 628 (C)
  •  Reuters Group PLC and Others v Viljoen and Others NNO 2001 (12) BCLR 1265 (C)

Further experience

  • Assisted and advised a number of corporations regarding the challenging of administrative decisions by local, provincial and national governments.
  • Assisted and provided a number of corporations with regulatory advice relating to local government legislation.
  • Assisted and represented executive members of the Western Cape Provincial Government in relation to administrative hearings.
  • Assisted and rendered advice to fishing companies in respect of fishing policies and procedures.
  • Assisted and advised fishing companies with regards applications for fishing allocations and internal appeals.
  • Assisted and advised a mining company with regards to applications for mining permits and mining rights.
  • Assisted and represented a mining company with regard to disputes with the Department of Mineral and Energy Affairs, including internal hearings and appeals to the relevant Minister.

Education

  • 1992 – 1996: BProc (University of the Western Cape)
  • 1996 – 1997: LLB (University of the Western Cape)

Memberships

  • Cape Law Society