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Public Procurement Law

Public Procurement Law is an arm of Administrative Law and regulates the use of public funds in the procurement by organs of state of goods and services required to fulfill their service delivery obligations. Section 217(1) of the Constitution provides that all public procurement must be done in accordance with a system that is fair, equitable, transparent, competitive and cost-effective, which will usually be given effect to in a tender process. Procurement law and supply chain management within government is highly regulated using fundamental public law principles to regulate the interaction between the private and public sectors for the use of public funds by the state for service delivery to the public. Specialist expertise in the field of public procurement and administrative law is essential to ensure that the processes underpinning these relationships meet the constitutional standards set. Our specialist panel members are well placed to advise both public- and private-sector clients to ensure compliance with the myriad applicable regulatory provisions that underpin public procurement, and where irregularities are present, to advise on the appropriate remedial actions to take.