Administrative & Constitutional Law
Administrative law ensures that public officials act lawfully, reasonably and fairly when exercising their powers. Constitutional law, on the other hand, guarantees justice by requiring valid administrative actions to meet criteria such as lawfulness, reasonableness, and procedural fairness. Upholding the constitution and the governance of government action is a cornerstone of a fair and democratic South Africa is something we passionately believe in. Our Team of professionals has extensive experience assisting Government Institutions, State Owned entities, Corporations and Non-Profit Organizations in ensuring the proper exercise of public power and the performance of public functions.
Our Team has experience with the following:
- Constitution of the Republic of South Africa
- Promotion of Administrative Justice Act
- Public Finance Management Act and its Regulations
- Local Government: Municipal Finance Management Act
- Promotion of Access to Information Act.
Our Services Include
- Reviews of administrative decisions of various types (including tender awards, regulatory decisions and other exercises of public power)
- Launching urgent applications to compel or prohibit unlawful administrative action of various types
- Instituting damages actions in respect of losses arising from unlawful administrative action
- Challenging policy or other legislative decisions taken outside the scope of an administrator’s powers
- Procuring information in terms of the Access to Information Act
- Requests for reasons under, and ensuring compliance with, the Promotion of Administrative Justice Act
- Expropriations and land claims
- Public procurement and public private partnerships (PPPs)
- Tender preparation and adjudication
- Regulatory compliance
Areas of practice
Contact One of Our Administrative & Constitutional Law Professionals
The Consequences of Failing to Pay Pension Fund Contributions
Pension fund contributions are not discretionary payments; they are statutory obligations. Employers who fail to comply with these requirements not only prejudice their employees but also risk signifi...
February 27 2025
Court Rules: Public Liability Insurance Is Not a Free Pass for Careless Behaviour
Introduction Recently, the Johannesburg High Court dismissed a personal injury case against an institution, finding no evidence of negligence or wrongdoing on its part. In recent years, South Africa h...
December 09 2024
The Return of the Advisory Opinion
After a long period of uncertainty relating to advisory opinions by the Competition Commission, a new regulation has been published by the Department of Trade and Industry which reintroduces non-bindi...
December 09 2024
How can we help you?
We have offices in four major cities in South Africa: Pretoria, Johannesburg, Cape Town, and Durban. Additionally, we have 23 associate offices in the rest of Africa, the firm serves as a gateway into Africa for IP clients. Please contact your nearest office for any legal enquiry or assistance.