Administrative Law

Our administrative law team advises and provides opinions on a range of administrative law issues, including on whether a decision was taken lawfully, procedurally, fairly and reasonably; conducting judicial reviews of decisions taken by public bodies (which includes decisions made in respect of public procurement and in the context of licensing, concessions or tariffs); and defending governmental and other organs of state in review proceedings.

In addition, we regularly assist clients regarding reviews and advice in respect of Public Procurement and broad-based Black Economic Empowerment.

Administrative Law regulates the conduct of organs of state, public bodies or other juristic or natural persons exercising public powers and performing public functions. Mostly, the functions so performed constitute decisions of these bodies, normally being an organ of state or other body having certain powers received from empowering legislation.

When decisions are taken unfairly, unreasonably or otherwise unlawfully on one or other basis, the administrative action so performed, should be reviewed by a court of law in terms of the Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) or other applicable legislation.