The 1994’s dawn of democracy and freedom in South Africa ensured that all races are subject to equal treatment, are equal before the law and entitled to same or equal benefits and protection of the law. The Constitution of Republic of South Africa, Act 108 of 1996 has expanded this branch of the public of law. It provides, in addition to the supremacy of the constitution, tat law or conduct which is inconsistent with the constitution is invalid, void and that the obligations impose by the constitution must be fulfilled. Due the evil systematic apartheid governance that suppressed, violated and abused the African people, the government has laid many mechanisms, policies, regulations and legislations which intend to provide for the redress of the past injustice, with the view of entrenching accountability, transparency, fair and reasonable exercise of public power, to avert, any potential or future abuse or injustice. In our practice under this area of law we deal, among others, with the following:-
i. Administrative law –
In this area we test the decisions or administrative actions of public entities, state owned enterprises, any government departments, agencies and public principals or their servants, to determine their fairness, reasonability and transparency. We institute internal appeals or review of administrative actions, bring applications to courts with jurisdiction to declare decisions of offending organs as unlawful, be set aside and that some matters be referred back to such organs for a proper lawful decision. Decisions subjects to administrative action are usually, decisions not to award a tender, disqualification of tenders, unreasonable cancellation or withdrawal of tenders, refusal to grant or issue identity documents by Department of Home Affairs, awarding of tenders to non-qualifying bidders, refusal to recognize traditional leaders, regents, chiefs, principal traditional leaders, senior traditional leaders, traditional communities, traditional councils, refusal of access to information held by the public body, and so forth. . .
ii. Land Claims
Our expertise includes conducting or initiating researches on the eviction of people or communities from their ancestral lands by the then inhuman apartheid government. We offer legal advice on land restitution, expropriation, negotiating the compensations for the expropriation, lodging claims with the Commission on Restitution of Land Rights, applying for communal land title deeds for communities, as well as litigation at Land Claims Court.
Our focus is contextualized on the migration of foreigners into South Africa. We give advice, and assistance to deal with legalities affecting migrants, foreigners applying or refused work permits, refusal by Home Affairs to grant permanent residence to foreigners, applications to stay extradition, deportation and detention.