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 government and other organs of state in review proceedings.
Added to this, we regularly assist clients in regard to reviews and advice in respect of Public Procurement.
We advise and assist in administrative law and procurement law and deal with complex matters pertaining to legislation.
In terms of the Constitution, the Preferential Procurement Policy Framework Act (“the PPPFA), the Public Finance Management Act (“the PFMA”) and other prevailing legislation, administrative bodies are required to put out tenders and consider and award tenders within that legislative framework and to align their procurement processes therewith. In addition, the internal procurement processes and policies of such administrative bodies, should be drafted and provide for their procurement in line with the provisions and prescripts of the prevailing legislation.
In circumstances where an internal appeal procedure is not provided for in terms of empowering legislation or otherwise, tenders that are awarded – and similarly other administrative actions – in contravention of such procurement law prescripts, remain valid and can only be reviewed and set aside in a High Court in line with the provisions of PAJA and/or by relying on the principles of legality.
At Barnard Inc, we advise and assist in administrative law and procurement law and deal with complex matters pertaining to the unlawful awarding of tenders and other administrative functions not performed in terms of empowering legislation.
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.