The Firm is very proud of and is well known throughout South Africa for its speciality work that it conducts in the public sector in the National, Provincial and Local Government administrative sphere.
It has been involved in litigation in this area since establishment in 1996, throughout the entire democratic transformation process in South Africa from which time the Firm has acted as experts in the Local Government administrative law spheres.
The Firm has extensive experience in both opposed action and application related litigation in the different Courts. This has principally been in the Constitutional Court, Supreme Court of Appeal and the High Court environments.
The professional staff of the Firm has been involved in litigation matters in the following types of disputes:
Obtaining and/or opposing interdicts on an urgent, semi-urgent and in
the normal course of court proceedings relating to municipal property, municipal resolutions and/or general administrative decisions
We attend to litigation on behalf of National, Provincial and Local Government in all the different Courts and Tribunals.
We have successfully defended the North West Provincial Government against review applications to set aside interventions at Local Government level by the Provincial Government in terms of Section 139(1)(b) of the Constitution. The Firm has also successfully defended Municipalities against inappropriate section 139(1)(b) interventions.
We have particular knowledge in the Local Government: Municipal Structures Act, Local Government: Municipal Systems Act, Local Government: Municipal Financial Management Act and the Property Rates Act as well as the myriad of related regulations. The Firm also frequently deals with disputes relating to Municipal Council Rules of Order, Delegations of Authority, Annual Budgets, Integrated Development Plans, Service Delivery and Budget Implementation Plans, establishment, functioning, management and procedures of Section 79 and Section 80 Committees, Municipal Public Accounts and Audit Committees, Town Planning Schemes, etcetera.
At a Municipal level, assistance and advice has been provided in the formulation and drafting of indigent policies, debt collection and debt control policies and the recovery procedures.