We have an extensive understanding and practical experience with supply chain management law. We offer this expertise to the three spheres of government, constitutional institutions and private business alike. A few examples of such services that we have recently offered on matters of national importance – which we set out below – should in our view suffice:
• Tebogo Malatji advised the Council for Scientific and Industrial Research (“CSIR”) on its procurement of service providers for envisaged extensions to the South African National Research Network (“SANReN”) national backbone network, a high-speed network dedicated to research traffic, research networking and broadband infrastructures, intended to eventually connect up to 204 sites across the country with research networks hosting over 3 000 research and education organizations from all over the world, as well as the High Performance Computing (“HPC”) facility that enables cutting-edge research;
• Notably, Tebogo Malatji and Bonang Lorato Masia acted as attorneys for the National Lotteries Commission (“NLC”) in the evaluation and adjudication of the procurement process and the subsequent extensive litigation consequent upon the award of the Third Lottery Licence, worth ZAR 85 billion at the instance of Gidani, the unsuccessful bidder that had been the previous holder of the licence. This litigation was finally concluded in favour of the NLC and the Minister of Trade and Industry. We also assisted the NLC with negotiating and drafting the Third Lottery Licence with the successful bidder. We continue to provide ongoing legal advice to the NLC on all issues arising from the Licence, including recently advising on the legal and operational considerations of the financial statements reporting to the Auditor General South Africa.
• Tebogo Malatji and Bonang Lorato Masia acted as attorneys for the National Gambling Board (“NGB”) with the evaluation and adjudication processes in respect of responses to its tender for the second license operator of its National Central Electronic Monitoring System (“NCEMS”) for detecting and monitoring significant events associated with any Limited Pay-out Machines, worth ZAR 1 billion. We also assisted the NGB with negotiating and drafting the Service Level Agreement with the successful bidder. We subsequently mounted a successful defence in respect of litigation brought against the NGB and the Minister of Trade and Industry by the then incumbent and the unsuccessful bidder. We have recently advised the NGB on the ring-fencing provisions of the agreement with the successful bidder.
• Tebogo Malatji who was assisted by Bonang Lorato Masia advised the Government Printing Works (“GPW”) on its procurement project aimed at replacing green bar-coded identity books with smartcard IDs. This included a review of the GPW’s procurement process to appoint manufacturers and/or supplies to supply it with blank contactless cards, delivered ready for personalisation by laser engraving technology (awarded at a price of €16 470 000, 00), and a format card personalisation and mailing solution (awarded at a price of ZAR 44 118 866, 00).
• Tebogo Malatji and Sayi Nindi were involved in an application brought by Afrisake for the review of a tender that was awarded to PEU and TUMS in respect of a smart meter project for the City of Tshwane. We acted on behalf of the City. We provided advice to the City on whether the procurement of PEU and TUMS’ services to implement the smart meter project was lawful. We therefore, reviewed the validity of the tender, then proceeded with the court application and obtained judgment regarding the merits of the tender in the City’s favour. The parties now await a hearing date pertaining to the just and equitable remedy.