Administrative and procurement Law

Administrative and Procurement Law

The firm provides advice to various clients on constitutional, administrative law, and procurement law matters. 

Our experience includes the following:

Please find below a few selected projects:

We have advised on procurement by government departments and state-owned companies, and administrative law statutes or exposure emanating from procurement and access to information;

We have extensive experience in advising on the Preferential Procurement Policy Framework Act, 5 of 2000 (“PPPFA”), the Constitution, and the PFMA;

We have been advising our clients on fruitless and wasteful and irregular expenditure, fiduciary duties of accounting authorities, financial misconduct and governance aspects for state-owned companies, including shareholder compacts and corporate plans;

We have assisted institutions such as the Strategic Fuel Fund and the National Lotteries Board with compliance of legislation and regulations in respect of these specific institutions and in respect of the industry that the institutions are involved in;

We advised the State Information Technology Agency on tender irregularities related to the information technology sector;

We have advised Johannesburg City Parks and Zoo on irregularities related to the procurement of a multi-million rand information technology system;

We have assisted clients in formulating their internal polices as well as in implementing, monitoring and evaluating such policies;

We have conducted a forensic investigation into the procurement process of various contractors with contact values in excess of R40 million for the National Treasury;

We have advised entities such as the South African Maritime Safety Authority and the Public Sector Education and Training Authority on compliance with Treasury Regulations 16 (PPPs) and 16A (Supply Chain Management) under the PFMA;

We have worked on public private partnerships (PPPs) such as the following:

a. Chris Hani Baragwanath Revitalization Project;

b. the Hibiscus Coast Municipality John Mason Park Project; and

c. appointed as part of a consortium to advise the Mpumalanga Provincial Government on a tourism related PPP.

We have assisted various municipal owned entities by providing legal advice and/or drafting various documents. Some of the matters we have worked on include:

a. IT and access control disputes;

b. supply chain management opinions of various procurement matters, including the rotation of bidders and targeting of special interest groups, and the provision of advice and recommendations on the adjudication of bid documents and the appointment of a preferred bidder;

c. compliance reporting procedures;

d. due diligence exercises; ensuring compliance with local legislation, contracts management and related projects;

e. regulatory, compliance and transactional advice regarding municipal entities proposed partnerships on certain initiatives with private companies for the provision of services and/or assistance with fundraising; and

f. concession agreements.

We have immersed ourselves in various public-private partnership projects at a local government level, including advice and drafting of necessary partnership agreements with private entities for the provision of municipal services and/or fundraising in response to an RFP.

We have also provided support and drafted detailed legal opinions on various the provisions of the Municipal Finance Management Act, Municipal Systems Act, Municipal Structures Act as well as related regulations to ensure responsive, accountable and effective local governance, with a focus on local economic development, financial management, service delivery and public participation.