Administrative Law and Public Procurement
Section 33 of the Constitution of the Republic of South Africa, 1996 provides everyone the right to administrative action that is lawful, reasonable, and procedurally fair. This section implicates the work of public and private entities, and their decisions which are subject to be reviewed when they perform a public function. The Promotion of Administrative Justice Act 3 of 2000 gives effect to this constitutional right and creates a legislative framework for the enforcement and protection of the right to fair administrative action. In terms of section 217
Constitution of the Republic of South Africa, 1996 organs of state are required, when procuring goods and services, to adopt and use fair procedures that are competitive, equitable, transparent, and cost-effective.
Public tender processes are regarded as administrative processes that must be carried out in terms of the law. The principles of good governance must be at the heart of all administrative decisions including procurement decisions, otherwise public and private law
remedies may be available to aggrieved parties. We provide legal services in respect of all aspects of administrative law across local, provincial, and national governments as well as government enterprises. We specifically advise our clients in both the public and private
sectors on best practices relating to tendering procedures and procurement laws in South Africa.
We offer solution orientated legal advice on complex legislative framework that has been enacted to give effect to the Constitution. We meaningfully engage our clients on governance issues that may lead to disputes across the commercial and regulated industries.
We also have the capacity to challenge or/and defend administrative actions in all the courts, tribunals, and agencies in South Africa. We also draft all the relevant administrative law documents.
Our services include: interpretation and drafting of government contracts and tender documents; litigation regarding state procurement; interpretation of statutes relevant to administrative law; capital projects; procurement transactions structuring; assessment of
procurement compliance and risks; evaluation of the fairness tender processes; compliance with competitive tendering rules; and irregular awards of tenders; procurement processes, challenges and disputes; assessment of corporate transactions involving government
contractors; permits and authorizations; and Judicial review of various administrative decisions.
