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.

Sector Rankings

• Chambers Global 2019 ranked our practice in Band 2: Public Law

Ranked Practitioners

• Tim Fletcher is the National Practice Head for the Dispute Resolution team. Chambers Global 2019-2020 ranked Tim in Band 3 for dispute resolution. Chambers Global 2015–2018 ranked Tim in Band 4 for dispute resolution. The Legal 500 EMEA 2016–2020 recommended him as a leading individual for dispute resolution and recommended him from 2013–2016. The International Who’s Who of Business Lawyers 2015 identified Tim as being among the world’s leading asset recovery lawyers. He was named as the exclusive South African winner of the ILO Client Choice Awards 2017–2018 in the litigation category. Who’s Who Legal 2015–2019 identified Tim as one of the world’s leading Insurance & Reinsurance lawyers.
  
  
• The Legal 500 EMEA 2015 recommended Anja Hofmeyr for dispute resolution.
  
  
• The Legal 500 EMEA 2016–2020 recommended Rishaban Moodley for dispute resolution. Rishaban was named as the exclusive South African winner of the ILO Client Choice Awards 2015-2016 for litigation.
  
  
• Legal 500 EMEA 2018 recommended Gasant Orrie in Commercial, Corporate/M&A.
  
  
• Aadil Patel is the National Practice Head of the Employment team. Chambers Global 2015–2020 ranked him in Band 2 for employment. The Legal 500 EMEA 2012–2020 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.