Administrative & Procurement Law
Ensuring Compliance, Fairness, and Accountability in Public Sector Dealings
Strict legal frameworks govern public procurement and administrative decisions to promote transparency, fairness, and value for money. At Cox Yeats, we assist both public institutions and private entities in navigating the complexities of South African administrative and procurement law, ensuring compliance, reducing risk, and resolving disputes effectively.
Understanding the Legal Landscape
Since 1994, South Africa’s state-owned entities have been constitutionally required to conduct procurement in a manner that is fair, equitable, transparent, competitive, and cost-effective. This has led to an evolving legal environment underpinned by legislation such as:
- The Public Finance Management Act (PFMA)
- The Municipal Finance Management Act (MFMA)
- The Preferential Procurement Policy Framework Act (PPPFA)
- The new Public Procurement Bill (pending final enactment)
Navigating these frameworks is critical for organisations engaging with government tenders or involved in administrative decision-making processes.
Our Areas of Expertise
1. Legal Framework Consultation
We provide comprehensive advice on procurement laws, administrative justice, and applicable regulatory frameworks. This includes:
- Interpretation and application of procurement regulations
- Understanding the Constitutional rights underpinning fair administrative processes
- Supporting compliance with PFMA, MFMA, and relevant regulations
2. State-Owned Entity Compliance
We assist businesses contracting with national, provincial, or municipal entities to ensure they meet procurement protocols and governance standards, including:
- Drafting compliant bid documents
- Advising on tender specifications and evaluation criteria
- Responding to irregular award decisions or process deviations
3. Procurement Disputes & Review Proceedings
When procurement decisions are challenged, either administratively or through litigation, our team provides strategic legal representation:
- Launching or defending reviews under the Promotion of Administrative Justice Act (PAJA)
- Resolving tender irregularities and award disputes
- Advising on bid rejections, blacklisting, and internal appeals