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Public Procurement | South Africa

Public Procurement

South Africa

Governance of procurement in the public sector is vital to the efficient service delivery of any government. It must be held to a higher standard of conduct because it accounts for a significant portion of taxpayer money. 

Public procurement underpins the relationship between the private and public sectors and requires an acute appreciation and understanding of the broader legal and policy framework in public law, including public procurement, public finance management, constitutional law, administrative law, municipal law and regulatory law. 

Our integrated approach 

Our team is uniquely comprised of a combination of corporate lawyers, ex-regulators, qualified Company Secretaries and certified Commercial Forensic Practitioners and Fraud Examiners who have sat on the boards and been members of executive and audit committees of national and municipal entities.

We have the long-standing practical experience and technical knowledge to assist you in achieving a policy system that is fair, equitable, competitive, commercial and cost effective whilst upholding the constitutional principles of accountability and transparency. 

Our services include:

  • accessing information from public bodies
  • advising on administrative legislation including the Municipal Systems Act, the Local Government Act, Municipal Finance Management Act, the Municipal Budget and Reporting Regulations, the Municipal Service Delivery and PPP Guidelines, Municipal Supply Chain Regulations, the Supply Chain Management Guide for Municipal Accounting Officers and municipal supply chain policies
  • advising and training on the Public Finance Management Act, regulations 16 and 16A of the Treasury Regulations, the PPP Manual issued by National Treasury, the Constitution and procurement legislation including the Preferential Procurement Policy Framework Act, the Public Service Act and the Promotion of Administrative Justice Act.
  • advising on tender procedures and the applicable legislative framework
  • advising on company acquisitions and sales
  • advising on property acquisition, development and management
  • challenging irrational and unlawful administrative action
  • drafting and negotiating outsourcing and performance management agreements'
  • drafting and reviewing risk management and procurement policies
  • drafting opinions on constitutional, administrative and local and municipal government issues
  • lobbying/submissions to Parliament and all levels of government regarding legislative changes
  • providing employment advice
  • representing clients in proceedings before quasi-judicial bodies and parliamentary sub-committees
  • structuring public-private partnership transactions
  • undertaking judicial reviews and litigation
  • working with local authorities
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7 October 2019
CMS ex­pands in Africa
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5 May 2020
Cov­er­ing COV­ID-19: Level 4
"Suc­cess comes not from hav­ing cer­tainty, but be­ing able to live with un­cer­tainty." ― Jef­frey Fry­Busi­ness has been any­thing but dull, and in these un­pre­ced­en­ted times, we have come to an­ti­cip­ate a level...