Public Law Services
Public law governs the relationship between individuals (private companies and citizens) and the state (government). Whenever a private or public body undertakes a public function or performs a public power, or whenever an organ of state engages with the public, public law is likely to apply.
Our Public Law specialists have extensive experience in many key areas of public law, including public procurement, public finance management, constitutional law, administrative law, municipal law, regulatory law, competition and health law.
Our lawyers have in-depth knowledge and understanding of the broader legal and policy framework for decision making. We support public and private sector bodies in meeting and avoiding legal challenges in a complex legal and regulatory context. We assist in the application of administrative law to all levels of government.
We understand the constitutional principles of government accountability and transparency and a public procurement system which is fair, equitable, transparent, competitive and cost-effective.
Services:
- Advising on the Public Finance Management Act, Municipal Structures, and the Municipal Systems Acts.
- Advising on tender procedures and legislative framework.
- Drafting and negotiating outsourcing and performance management agreements'.
- Challenging irrational and unlawful administrative action.
- Dealing with local authorities.
- Representing clients in proceedings before quasi-judicial bodies and parliamentary sub-committees.
- Furnishing opinions on constitutional, administrative and local government issues.
- Undertaking judicial reviews and litigation.
- Advising on property acquisition, development and management.
- Advising on company acquisitions and sales.
- Providing employment advice.
- Structuring 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.
- Accessing information from public bodies.
Public Law Brochures
Services
Public Law Services
Public law governs the relationship between individuals (private companies and citizens) and the state (government). Whenever a private or public body undertakes a public function or performs a public power, or whenever an organ of state engages with the public, public law is likely to apply.
Our Public Law specialists have extensive experience in many key areas of public law, including public procurement, public finance management, constitutional law, administrative law, municipal law, regulatory law, competition and health law.
Our lawyers have in-depth knowledge and understanding of the broader legal and policy framework for decision making. We support public and private sector bodies in meeting and avoiding legal challenges in a complex legal and regulatory context. We assist in the application of administrative law to all levels of government.
We understand the constitutional principles of government accountability and transparency and a public procurement system which is fair, equitable, transparent, competitive and cost-effective.
Services:
- Advising on the Public Finance Management Act, Municipal Structures, and the Municipal Systems Acts.
- Advising on tender procedures and legislative framework.
- Drafting and negotiating outsourcing and performance management agreements'.
- Challenging irrational and unlawful administrative action.
- Dealing with local authorities.
- Representing clients in proceedings before quasi-judicial bodies and parliamentary sub-committees.
- Furnishing opinions on constitutional, administrative and local government issues.
- Undertaking judicial reviews and litigation.
- Advising on property acquisition, development and management.
- Advising on company acquisitions and sales.
- Providing employment advice.
- Structuring 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.
- Accessing information from public bodies.
Brochures
Public Law Brochures
Public Lawyers
We have experience across key areas of public law and understand the relevant legal and policy frameworks.
Our Public LawyersSECTOR HEAD
Public Law News
More newsShifting sands: A recent shakeup to the preferential procurement regime in South Africa
Procurement by organs of state is comprehensively regulated; section 217(1) of the Constitution provides that when procuring entities contract for goods or services they must comply with the principles of fairness, equity, transparency, competitiveness, and cost-effectiveness. Despite this, section 217(2) provides that the state may make use of procurement as a policy tool to protect or advance persons, or categories of persons disadvantaged by unfair discrimination. Section 217(3) stipulates that legislation must be enacted to provide a framework for the use of such policy. The enacted legislation is the Preferential Procurement Policy Framework Act, 2000 (PPPFA Act). It sets out the framework for the implementation of a preferential procurement policy.
Do you even have a contract? Public entities and “future financial commitments” under the PFMA
Given the renewed focus on ensuring accountability in government spending, and the enhanced judicial scrutiny of public contracts, clarity from the courts on the meaning and scope of key provisions of the Public Finance Management Act, No 1 of 1999 (PFMA) is most welcome for public and private actors alike. The Supreme Court of Appeal has recently offered such clarity in relation to agreements for goods and services that have multi-year contractual terms.
Impartiality – The cornerstone of any fair and just legal system
The Constitutional Court in President of the Republic of South Africa & Others v South African Rugby Football Union & others ZACC 9; 1999 (4) SA 147 (CC) para 28 has held that the right of recusal is designed to ensure that a person before a court should have a fair trial, and this right it entrenched in our Constitution.
Recognition
2021-2023
Chambers Global
Chambers Global 2021-2023 ranked our practice in Band 3: Administrative & Public Law
2019
Chambers Global
Chambers Global 2019 ranked our practice in Band 2: Administrative & Public Law
Chambers Global
Chambers Global 2021-2023 ranked our practice in Band 3: Administrative & Public Law
Chambers Global
Chambers Global 2019 ranked our practice in Band 2: Administrative & Public Law