Government and State-Owned Entities

Our experts have been advising on public sector matters for decades, resulting in our vast understanding of the regulatory requirements.

Government and State-Owned Entities sector

Our service is comprehensive and tailored to all aspects of public law.  These include:

  • Public sector litigation
  • Dealing with local Authorities
  • Representing clients in proceedings before quasi-judicial bodies and representation before Parliamentary Sub Committees
  • Property acquisitions and sales
  • Privatisation and public private partnership transactions
  • Drafting and commenting on national, provincial and local government legislation
  • Public procurement, the tender process and access to information
  • Administration decision-making process and structures
  • Employment advice
  • Company acquisitions and sales
  • Opinions on all aspects relating to the public sector
  • Drafting and negotiating outsourcing agreements
  • Advising on the Public Finance Management Act and Municipal Systems Act

We advise various public sector clients, and the influence public law has on the operations of public and private organisations. Our advice includes knowledge based on wide-ranging legislation:

  • Technology-related intellectual property issues
  • Advising a financial institution on the impact on transactions it intended concluding of the Public Finance Management Act and the Municipal Systems Act
  • Advising State Owned Entities (SOEs) on their tender procedures
  • Advising various SOEs regarding the interface between administrative and employment law
  • Reviewing water tariffs imposed in conflict with the Municipal Systems Act and Water Services Act
  • Advising various SOEs on commercial and residential development agreements and transfers
  • Advising SOEs in labour matters for example advising Rand Water in the Buckle & Stoop matter. The case revolved around the dismissal of 2 employees who defrauded Rand Water for an amount of approximately R8 million. The employees referred an unfair dismissal dispute to the Labour Court. Rand Water subsequently brought a counter claim for the losses incurred.  Judgment was eventually handed down during September 2013 with their unfair dismissal claim being dismissed and the counterclaim by Rand Water for the loss of approximately R8 million upheld.
  • Advising parastatal organisations in the drafting of bonds and securities pursuant to loan agreements and suspensive sale agreements
  • Advising SOEs in negotiations and preparation of servitudes for railway line purposes as well as legal opinions on expropriation and land rights issues
  • Advising on all aspects of the South African Constitution and Bill of Rights
  • Advising on the impact of the Constitution on various areas of law including administrative law, media law, and environmental law
  • Advising on the constitutional implications of commercial transactions
  • Written and oral submissions on behalf of a variety of clients on the constitutional implications of proposed new legislation or amendments to existing legislation

 

Ranked Practitioners

  • Aadil Patel is the National Practice Head of the Employment team. Chambers Global 2015–2021 ranked him in Band 2 for employment. The Legal 500 EMEA 2012–2021 recommended him for employment. He was named as the exclusive South African winner of the ILO Client Choice Awards 2014 in the employment & benefits category. Who’s Who Legal 2017–2018 identified Aadil as a leading labour & employment practitioner. He was identified in The International Who’s Who of Business Lawyers 2014, and in The International Who’s Who of Management Labour and Employment 2011–2014.

  • The Legal 500 EMEA 2018 recommended Gasant Orrie for commercial, corporate/M&A.

  • The Legal 500 EMEA 2017–2021 recommended Megan Rodgers for projects & infrastructure.

  • Stephen Boikanyo was awarded 2016 Finalist Certificate of Excellence in the category of Investment Banking: Corporate Finance Lawyer of the Year-13th Annual Financial Services Sector ABSIP awards. Stephen was ranked as a leading lawyer by Who's Who Legal: Aviation – Finance 2019. Stephen has named one of the world's leading Aviation lawyers by Who’s Who Legal: Aviation 2018. The Legal 500 EMEA 2021 recommended him for banking and finance.

  • Jackwell Feris is a recipient of The Africa's 50 Most promising Young Arbitration Practitioner 2020 Award. He is recognised by The Association of Young Arbitrators (AYA) as an expert Arbitration Practitioner who is passionate about the growth and development of International Investment and Commercial Arbitration in Africa.

  • The Legal 500 EMEA 2018 and 2021 recommended Mashudu Mphafudi for banking and finance. Who’s Who Legal 2013 identified him as a leading lawyer for project finance. IFLR1000 2020 ranked Mashudu as a highly regarded leading lawyer for banking, capital markets: debt and project finance. IFLR1000 2018 recommended Mashudu as a "rising star" for banking, capital markets: debt and project finance.