Public Procurement

Public Procurement

With government tendering procedures and procurement laws in sharp focus in Africa, it is essential that both public and private entities strive toward tendering best practices. In addition to being expressly dealt with under the Constitution, government procurement in South Africa is comprehensively regulated under the extensive and complex legislative framework enacted to give effect to the relevant Constitutional provisions.

Domestic procurement challenges are forcing our courts and legislature to rapidly develop our law on the subject matter, causing ongoing changes to the nature of government procurement in South Africa. In order to remain competitive, South African public and private bodies are required not only to keep up to date with developments in the regulation of local government procurement but also, in certain instances, with international tendering requirements.

To assist public and private sector clients with the complex administrative and legal principles applying to tender processes, the Public Procurement Law (PPL) of Adams & Adams is geared to play a pivotal role in assisting public sector clients design and implement fair processes which meet the Constitutional principles of procurement; as well as guiding private sector clients through tedious procurement processes, or challenging public procurement processes which fall foul of the applicable principles.

Our Public Procurement Law Group assists with the following matters:

  • Advice to government or public entities on appropriate procurement processes
  • Assistance in drafting tender documentation
  • Assistance in legal issues that arise when tenders are evaluated
  • Representation of government where tender awards are challenged
  • Advice to private sector entities on responding to government tenders, on preparing submissions and representing entities that wish to challenge or defend tender awards
  • Facilitation of public/ private partnerships (PPP)
  • Advice on black economic empowerment (BEE) matters
  • Drafting and review various agreements including consortium and joint venture agreements, shareholders’ agreements, concession agreements, preferred supplier agreements, and service level agreements