Administrative and Public Law
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.
Public law, and its administrative law and constitutional law subdivisions, affects all business activities that are in any way subject to regulation or statutory control. It affects businesses which deal directly with the government by engaging in major projects. And it affects the private sector where government intervention will make the business less competitive or may limit the business in some way.
The widespread application of public law intersects many areas of our legal practice, such as dispute resolution, employment law, regulatory, competition, environmental, health and safety, projects and infrastructure, and technology law, and any other area where the private and public sectors come into direct contact. Our Public Law practice comprises a team of lawyers with specialist public law knowledge and in-depth experience gained in working with both private sector clients and public authorities.
Our lawyers have an 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.
Our Public Law specialists have extensive experience in the many key areas that touch on public law, among which are public procurement, public finance management, constitutional law, administrative law, municipal law, regulatory law, competition and health law.
Our Public Law services include:
- Advising on the Public Finance Management Act, Municipal Structures and the Municipal Systems Acts
- Advising on tender procedures and the 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
- Property acquisition, development and management
- 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
On matters of constitutional law, we regularly advise and represent local and provincial government, organs of state, businesses and individuals on the constitutional implications of transactions. Our services include:
- Advice on all aspects of the Constitution and the Bill of Rights
- Challenges to unconstitutional legislation
- Advice on the impact of the Constitution on traditional areas of practice
- Constitutional litigation
- Land claim cases
- Services to those whose fundamental rights have been infringed
- Contracts that recognise constitutional obligations
- Advice on the equality jurisprudence and legislation
- Advice on affirmative action, empowerment and employment equity developments