Constitutional and administrative law
Introduction
Constitutional and administrative law fall under the broader umbrella of public law, which in South Africa has been transformed by the Constitution and its Bill of Rights.
Public law, including constitutional and administrative law, governs, primarily, the relationships between citizens and the State (and its agencies) at all levels of government - national, provincial and municipal. Compliance with the requirements of the Constitution is now paramount within the relationships between citizen and the State (to a lesser degree the requirements of the Constitution apply as between citizens ie horizontally).
Therefore, public law must of necessity constantly evolve to ensure compliance with the Constitution, and it is vital that within the relationships between citizens and the State and, where the Constitution is horizontally applicable, between citizens, parties are mindful of the ever changing requirements of administrative and constitutional law.
How we can help you
Eversheds' highly qualified constitutional and administrative law team
has experience in both challenging and defending the executive,
legislative and judicial conduct of the State and its agencies. The team
also advises on how to ensure that conduct of the State and its
agencies is beyond scrutiny by providing guidance, among other things,
on the content and meaning of key legislation, such as the Public
Finance Management Act, the Promotion of Administrative Justice Act and
the Promotion of Access to Information Act, and on constant developments
in our case law.
To this end, our team keeps up-to-date with the constantly evolving body of law and the application of legal principles.
We
can assist you in all areas of constitutional and administrative law,
whether you require training, a legal opinion, or wish to pursue or
defend a challenge against the conduct of the State or one of its
agencies.
Administrative law in particular is of greater
significance in business than ever before. We can assist you and your
business in this regard. Just consider the following: the Financial
Services Board, the Reserve Bank, the Johannesburg Stock Exchange, the
Securities Regulation Panel, the National Credit Regulator, the National
Consumer Tribunal, various tender boards and committees, the Pension
Fund Adjudicator, immigration services and even the Commission for
Conciliation, Mediation and Arbitration are all bodies governed in some
form or another by principles of administrative law. Your business needs
to be aware of its rights when dealing with these and other State
agencies. Similarly, these bodies need to understand their duties and
the requirements imposed upon them by administrative law.
Our
advice and training on constitutional and administrative law,
particularly tenders, proper procurement and the proper handling of
applications for access to information can help you to avoid unnecessary
litigation and the costs and risks associated therewith.
However,
should litigation commence, our understanding and knowledge of the
evolving body of administrative and constitutional law allows us to help
you to resolve disputes effectively, be it in the courts or through
alternative dispute resolution processes.
We can also guide you
through any other administrative and constitutional law issues that
arise from time to time to help you find the best solutions.
