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Mopeli & Co Attorneys: Precision in Practice.

Constitutional and Administrative Law

Navigating Constitutional Rights and Administrative Compliance

Constitutional and Administrative Law form the foundation of public law in South Africa, governing the exercise of power by the state and protecting the fundamental rights of its citizens. This practice area is critical for ensuring that all legislative, executive, and administrative actions comply with the supreme law of the country—the Constitution and the Bill of Rights—and adhere to the principles of legality, rationality, and procedural fairness set out in the Promotion of Administrative Justice Act (PAJA).

Our firm provides expert counsel to individuals, corporations, and public entities on matters involving fundamental rights, the separation of powers, and judicial review of government decisions. We represent clients in proceedings aimed at challenging the validity of legislation, reviewing unlawful administrative conduct, and securing constitutional remedies for breaches of public duty. Our work ensures that government is held accountable to the rule of law.

Key areas of our Constitutional and Administrative Law expertise include:

  • 🔹 Judicial Review Applications: Challenging the decisions of government departments, municipalities, statutory bodies, and tribunals where the action was unlawful, unreasonable, or procedurally unfair.
  • 🔹 Constitutional Challenges: Instituting actions in the High Court, Supreme Court of Appeal, or Constitutional Court to test the constitutional validity of legislation or common law rules.
  • 🔹 Promotion of Access to Information Act (PAIA): Assisting clients in utilizing PAIA to obtain records and reasons from public and private bodies, essential for challenging administrative actions.
  • 🔹 Fundamental Rights Enforcement: Advising on and litigating breaches of the Bill of Rights, including rights to equality, property, and freedom of trade, profession, and occupation.
  • 🔹 Intergovernmental Relations: Advising public entities on their powers, mandates, and the legal framework governing relationships between different spheres of government.

Strategic Advantage in Constitutional and Administrative Law

Our strategic approach is built on a profound constitutional literacy and an ability to use public law principles to achieve private law remedies, ensuring the state acts lawfully.

  • 🔹 Constitutional Mastery – Our deep understanding of the Constitution, PAJA, and Promotion of Access to Information Act (PAIA) provides the essential legal leverage needed to overturn flawed state decisions.
  • 🔹 High-Level Advocacy – We possess the experience and advocacy skills required for successful litigation in the High Court and higher courts where complex constitutional questions are often determined.
  • 🔹 Challenging Authority – We specialize in exposing procedural defects, lack of rationality, and ultra vires (acting beyond authority) in public power, ensuring accountability.
  • 🔹 Remedy-Focused Approach – We focus on securing effective relief, whether it involves setting aside an unlawful decision, compelling the state to act, or obtaining compensatory damages for the breach of rights.

Related Blog Articles

Understanding your rights against the state and the limits of official power is the first step in ensuring government accountability. These articles detail key areas of interaction between citizens and organs of state.

Our Practice Areas

We provide expert legal services across various fields, ensuring businesses and individuals receive strategic, reliable, and effective solutions tailored to their needs.

Construction Law

With a deep understanding of the complexities within the construction industry, our experts will assist you in navigating and resolving your matter.

Procurement law

Our Procurement Law services are dedicated to ensuring transparency, fairness, and efficiency in the acquisition of goods and services.

Administrative Law

Our Administrative Law services are dedicated to ensuring integrity, fairness, and efficiency in administrative processes.

Commercial law

Our Commercial Law services offer expert support in business transactions, contracts, and regulatory compliance.

OUR APPROACH

Our process prioritizes clear communication, meticulous planning, and unwavering commitment to our clients’ best interests from inception to resolution.

01

CONSULTATION

Our initial step involves comprehensive consultations with our clients, where we attentively listen to their concerns, objectives, and desired outcomes.

02

Strategize

After gaining insights from the consultation, we meticulously analyze the legal landscape surrounding the case, identifying potential challenges, opportunities, and the most effective courses of action.

03

Take Action

With a well-defined strategy in place, we proactively move forward by taking decisive action to advance our clients' interests.

Mopeli & Co Attorneys: Precision in Practice

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