Public Law, Risk, Governance and Compliance affect individuals, private companies and public entities alike. The state, its organs and agencies often take administrative decisions and pass legislation which usually has far-reaching implications on society, affecting some or other right of members of society. The overarching duty imposed by the Constitution when public bodies take such decisions is that they must act in a manner that is fair, transparent and equitable and that the State must enact laws that give effect to this duty. Various pieces of legislation have been enacted to give effect to this duty, including the Public Finance Management Act and the Preferential Procurement Policy Framework Act. We assist clients in both the private and public sector to properly interpret these and other pieces of legislation, to either challenge administrative decisions in the case of private clients or, in the case of public entities to take and implement decisions in a manner that can withstand any legal challenges.
Our expertise and experience as litigators in this area of law means that our interpretation of the applicable legislative framework is backed up by current case law and courts’ interpretation of these pieces of legislation, to ensure on the one hand that our public sector clients understand the parameters of their actions whilst our private sector clients also understand the scope of their rights within the context of the public law framework. In his regard, we represent various state-owned entities and agencies and we are well versed with the legal framework in which they operate. We also represent Chapter 9 institutions, one of their biggest challenges being lack of clarity on the powers and scope of their mandate which is often challenged. We also advise on the relationship between government entities particularly on areas of potential conflict of interest.