Areas of Expertise

Administrative Law is the branch of public law that regulates the activities of public and private bodies that exercise public powers or functions. It is concerned primarily with the daily business of government: the implementing of legislation and the exercise of delegated powers to take action. Administrative law permeates almost every facet of our legal system including public procurement, the provision of education and health services, transport, the protection of the environment and all forms of licensing. Lauren is able to advise on, amongst other things: The Promotion of Administrative Justice Act (enacted to give effect to the constitutional right to just administrative action) and the regulations made under the Act; how to ensure that administrative decisions are taken lawfully, reasonably and procedurally fairly in order insulate them from judicial review; the relationship between  labour law and administrative law; strategic advice in relation to administrative appeals and reviews of government decision-making (including associated litigation strategies).

Constitutional Law: Lauren is available to advise on the full spectrum of constitutional and human rights law matters, including the application of the rule of law;  fundamental rights; data protection and access to information; the relationship between (and the respective roles, powers and functions of) the three branches of government (legislature, executive and judiciary) and the three spheres of government (national, provincial and local) – including conflicts between national and provincial legislation in areas of concurrent competence such as ‘housing’.

Regulatory Law: Lauren has expertise in a variety of regulatory fields including advertising (governed by the Advertising Standards Authority of South Africa’s Code of Advertising Practice), tobacco products control (governed by, amongst others: the Tobacco Products Control Act and regulations) and health (governed by, amongst others: the Medicines and Related Substances Act, the Pharmacy Act, the National Health Act, the Health Professions Act, the Allied Health Professions Act, the Nursing Act and the various regulations made under these Acts).

Public Procurement Law regulates the purchasing by government of the goods and services it requires to function and to pursue the public welfare. The procurement principles set out in section 217(1) of the Constitution require public procurement to be done in accordance with a system which is fair, equitable, transparent, competitive and cost-effective.  Section 217(2) makes provision for preferential procurement to further the advancement of previously disadvantaged groups.  The Preferential Procurement Policy Framework Act and Regulations were enacted pursuant hereto. Lauren is able to advise on this legislative framework to ensure that government and other organs of state adopt appropriate procurement processes.