Public Law

Our expertise, experience and extensive range of contacts place us in a unique position to assist and represent our clients. The practice is at the forefront of developments in constitutional law, administrative law, human rights law, public international law, health law, public finance management, municipal law, the regulation of networks, industries and markets as well as price and tariff regulation (regulatory law).

Key areas of law:

Constitutional law (including human rights law): advising on the rule of law; advising on the relationship between (and the roles of) national, provincial and local government; advising on (and litigating in relation to) fundamental rights (including the right to equality, dignity, property, trade, freedom of expression and freedom of association); advising on data protection and on pursuing access to information requests (for public and private bodies).

Administrative law: advising on decisions that must be taken lawfully, procedurally fairly and reasonably; conducting judicial reviews of decisions made by government and other organs of state; advising on the relationship between labour law and administrative law and on how decisions should be made to be insulated from judicial review.

Public procurement: advising government on appropriate procurement processes; drafting tender documentation; assisting in legal issues that arise when tenders are evaluated; representing government where tender awards are challenged; advising private sector entities on responding to government tenders, on preparing submissions and representing entities that wish to challenge or defend tender awards.

Health law: advising on the regulation of pharmaceutical prices and the prices service providers charge for their services; advising on the regulation of medical devices; advising on all aspects of health care legislation, including the Medicines and Related Substances Act, the Pharmacy Act, the Medical Schemes Act, the National Health Act, the Health Professions Act, the Allied Health Professions Act, the Nursing Act and the numerous regulations made under these pieces of legislation.

Municipal law: we have specialised in local government law since 1996. This includes advising on and litigating in all aspects relating to local government law, including municipal public transport, procurement, property rates, housing, waste management, municipal PPPs, Municipal Asset Transfer Regulations, Municipal Finance Management Act, Municipal Systems Act and Municipal Structures Act.

advising on public and regulatory law aspects of privatisations and public-private partnerships.

Regulatory law: advising on regulatory issues in a variety of industries, including land-based transport, petroleum products, gas, electricity, petroleum and gas pipelines, education, communications, skills development, gambling and tobacco.