PROCUREMENT LAW
SPECIALIST PROCUREMENT LEGAL SERVICES
SOUTH AFRICA'S PROCUREMENT LANDSCAPE IS COMPLEX.
WE KNOW IT.
Public procurement in South Africa is governed by a web of legislation, regulations, and policy frameworks that is difficult to navigate without specialist knowledge. Businesses that engage with government, whether at national, provincial, or municipal level, face a highly regulated environment where procedural compliance is as important as the quality of the goods or services they offer.
Kone Attorneys is one of a small number of law firms where the founding attorney holds a postgraduate degree specifically in Public Procurement Policy, an LLM from Stellenbosch University. This is not a general commercial practice dabbling in procurement matters. It is our specialist field.
Why Procurement Law Matters
South Africa spends hundreds of billions of rands annually through public procurement. Yet the legal framework governing this spending, spanning the PPPFA, PFMA, MFMA, B-BBEE Act, National Treasury Regulations, and more, is fragmented and often misunderstood. Non-compliance can mean disqualification, blacklisting, or even criminal liability. Getting it right is not optional.
OUR PROCUREMENT LAW SERVICES
We provide end-to-end legal support for businesses and individuals engaging with the South African public procurement system:
Tender Review And Preparation Support
We assist clients in reviewing tender documentation to understand legal obligations, identify risks, and structure bids that are legally sound. We also review specifications and bid conditions for irregularities or potential grounds of challenge.
Procurement Compliance Advisory
We advise businesses on how to structure their operations, documentation, and submissions to comply with the applicable procurement framework. This includes PPPFA compliance, B-BBEE requirements, and local content requirements ensuring you are eligible and competitive.
Tender Disputes and Reviews
When procurement processes are irregular, biased, or unlawful, affected parties have legal recourse. We represent clients in internal review processes, complaints to the relevant oversight bodies, and court review applications, challenging irregular awards or defending valid procurement decisions.
Supply Chain Contract Drafting and Review
Government supply chain contracts carry specific risks and obligations. We draft, review, and negotiate contracts to protect our clients’ rights, ensure payment terms are enforceable, and provide clear remedies in the event of disputes or non-performance.
Preferential Procurement Strategy
We advise businesses on how to position themselves competitively under South Africa’s preferential procurement framework, understanding points systems, BBBEE scorecards, and set-asides, and structuring joint ventures or subcontracting arrangements that are both legal and strategically advantageous.
Procurement Investigations and Irregular Expenditure
We advise organs of state, state-owned entities, and private parties on procurement investigations, irregular expenditure inquiries, and disciplinary processes arising from procurement irregularities.
Emergency and Deviation Procurement
We provide legal guidance on the specific conditions under which emergency or deviation procurement is permissible, and how to ensure proper documentation and approval to withstand scrutiny.
THE LEGISLATIVE FRAMEWORK WE WORK IN
Our work spans the full range of South African procurement law, including:
- Preferential Procurement Policy Framework Act (PPPFA) and its Regulations
- Public Finance Management Act (PFMA)
- Municipal Finance Management Act (MFMA)
- Broad-Based Black Economic Empowerment Act (B-BBEE Act)
- National Treasury Regulations and Practice Notes
- Construction Industry Development Board (CIDB) Act
- Public Procurement Act (when promulgated and implemented)
- Competition Act provisions relevant to bid rigging
WHO WE WORK WITH
Our procurement clients include:
Small and medium enterprises (SMEs) bidding for government contracts for the first time.
Established suppliers dealing with procurement disputes or unfair disqualification.
Businesses entering joint ventures for preferential procurement eligibility.
Companies under investigation for procurement irregularities who need legal representation.
Procurement officials within organs of state seeking legal guidance on compliance.
A Note from Our Founder
I pursued my LLM in Public Procurement Policy because I recognised that South African businesses, particularly black-owned and emerging enterprises, were consistently disadvantaged in procurement processes not through lack of ability, but through lack of legal knowledge. The framework is designed to open doors. We exist to help our clients walk through them, correctly and confidently.
SPEAK TO A PROCUREMENT LAW SPECIALIST
Contact Kone Attorneys For Expert Advice Tailored To Your Procurement Needs
A dynamic legal firm, providing professional assistance and comprehensive legal service to our clients at affordable rates.
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Contact Us
- +27 (12) 323 4541
- +27 79 231 9817
- +27 (12) 321 0057
- info@koneattorneys.co.za
-
416 Kirkness Street, Loftus Park, Building B
4th Floor, Arcadia
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