Procurement Law
We assist clients with all aspects of law pertaining to tender process. Section 217 of the Constitution requires that procurement must be fair, equitable, transparent, competitive, and cost effective. The Public Procurement Act 28 of 2024 creates a single regulatory framework for all organs of state, including national or provincial departments, municipalities, and public entities.
The Public Finance Management Act (PFMA), 1999 and Municipal Finance Management Act (MFMA), 2003 governs financial administration, including procurement processes and Broad Based Black Economic Empowerment Act (BBBEEA), 2003 deals with the promotion of economic transformation in government contracts.
At EM Mmila Incorporated we assist clients with evaluation of whether proper procedure was followed when the tender was awarded. We also assist clients in lodging internal appeals against the decision to award a tender. We assist clients with urgent applications to interdicts the award or implementation of tenders and setting aside tender awards which were irregularly awarded.
In terms of the law tenders must be awarded fairly, equitably, transparently, competitively and costs effectively not through cadreship, corruption or nepotism.
