Our team, with expertise in administrative law, is able to assist public and private clients with administrative law disputes. Most of the disputes here relate to the decisions taken or to be taken by administrative authorities.
The team is able to advise on the recourse available to those affected by decisions taken by the authorities. They also guide the authorities when making administrative decisions. The team provides services to provincial government departments, municipalities and state owned entities and agencies.
Section 217 of the Constitution provides that all organs of state, when procuring for goods and services, must adopt and use a system which is fair, equitable, transparent, cost-effective and competitive. It also provides that, when procuring, the organs of state must consider the advancement of previously disadvantaged individuals. To give effect to this constitutional provision, parliament has enacted certain legislation including the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000) (PPPFA), Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) (B-BBEE) Act, etc. Relevant provisions giving effect to this constitutional provision have been included in Public Finance Management Act, 1999 (Act No. 1 of 1999) (PFMA) and Municipal Finance Management Act, 2003 (Act No. 56 of 2003) (MFMA). There are also various regulations promulgated in terms of the aforesaid legislation dealing with the procurements by the organs of state. Therefore doing business with the government of South Africa requires observance of complex tendering processes and strict compliance with legislative prescripts. Our team, which has extensive knowledge and experience in procurement law, assists public and private clients with complex administrative and legal principles applying to state procurement processes.
Sections 32 and 33 of the Constitution guarantee everyone a right of access to information and to just administrative action that is lawful, reasonable and procedurally fair. To give effect to this constitutional provision, parliament has enacted the Promotion of Access to Information Act and the Promotion of Administrative Justice Act. Administrative authorities and the private persons interact with each other almost on a daily basis. When this interaction occurs these constitutionality guaranteed rights must be recognised, observed and protected at all times. Therefore the public bodies who exercise public powers and the private entities who perform public functions are regulated by the principles of administrative law as provided for in the Constitution and given effect to by the above-mentioned legislation.
© 2017 TMJ Attorneys - Website by Loud Crowd Media
This website contains general information about legal issues and developments in law. Such materials are for informational purposes only and may not reflect the most current legal developments. They should not be construed as legal advice. Should you require legal advice please contact one of our attorneys directly at the given contact addresses. Neither your receipt of information from this website, nor your use of this website to contact Tomlinson Mnguni James or one of its attorneys creates an attorney-client relationship between you and the firm.