South African public law has been transformed since the transition to
democracy and the introduction of the new Constitution and its Bill
of Rights. The Constitution is the supreme law. The validity of legislation,
and of acts performed by organs of state and by certain private bodies,
depends on their compliance with the Constitution and with common-law
and statutory rules of administrative law. In particular, legislation
must conform to the fundamental rights entrenched in the Bill of Rights,
and all administrative action must be lawful, rational and procedurally
fair.
Bowman Gilfillan has extensive experience in advising corporate
clients and governmental bodies on the interpretation and application
of laws and on administrative action. We regularly represent clients
in proceedings before statutory bodies that regulate diverse areas
of economic and social activity. These include the Board on Tariffs & Trade,
the Competition Commission and Tribunal, the Financial Services Board,
the Securities Regulation Panel, the Independent Communications Authority,
the Broadcasting Monitoring & Complaints Committee, the Human
Rights Commission, the Pan-South African Language Board, the Medicines
Control Council, the Commission on the Restitution of Land Rights,
the Department of Health’s Pricing Committee and various gaming
and gambling regulatory bodies. Decisions made by these regulatory
bodies are subject to scrutiny by the Constitutional Court and the
High Court in order to ensure their compliance with the applicable
legal principles. Our collective expertise in constitutional and
administrative law makes us leading practitioners in judicial review
proceedings.
Bowman Gilfillan’s public and regulatory lawyers also advise
clients on a range of other matters, such as requests for access
to information held by governmental and private bodies, and on the procurement of goods and services by organs of state, which is governed
by the Constitution and by tender legislation. In addition, we provide
a public interest service by assisting clients, where appropriate
on a pro amico basis, in pursuing meritorious public-law cases. |
