Objectives

The primary objective of this tender is to establish a panel of legal service providers, specifically attorneys, to provide a range of legal services to the Matjhabeng Local Municipality over a period of three (3) years. The services include conveyancing, court litigation, corporate law, dispute resolution, labor law, planning law, environmental law, procurement law, property law, intellectual property, criminal law, and other specialized legal areas as needed.

Scope

The scope encompasses the establishment of multiple panels of legal practitioners, each specializing in different legal disciplines. The successful bidders will be appointed to these panels and may be allocated work on an "as and when needed" basis, with work allocated through a rotational system. The scope includes:

• Provision of legal advice, drafting, and review of legal documents and agreements.
• Litigation and court representation across various courts including Magistrate, Regional, High, Land Claims, and Supreme Courts.
• Handling of debt collection, eviction, spoliation, land invasions, and urgent interdicts.
• Alternative dispute resolution processes such as mediation, arbitration, and adjudication.
• Legal services in specialized areas like environmental law, planning law, procurement law, property law, intellectual property, and criminal law.
• Provision of legal opinions, advice, and representation in internal disciplinary and constitutional matters.

Technical Requirements

The technical requirements for the tender include:

• Expertise and Experience: Bidders must demonstrate relevant experience and expertise in the specific legal disciplines they wish to be appointed for, supported by CVs, certified copies of qualifications, and proof of instructions attended to.
• Practitioner Qualifications: Lead practitioners must be admitted legal practitioners with specified years of experience (minimum 0-2 years, up to 10+ years), with additional practitioners proposed to be included in the panels supported by proof of qualifications and experience.
• Legal Practice Council Registration: All practitioners proposed must submit a valid Certificate of Good Standing from the Legal Practice Council or a Declaration of Good Standing.
• Company/Legal Entity Documentation: Bidders must submit registration certificates, municipal rates and taxes clearance, CIDB registration (if applicable), and proof of tax compliance (TCS PIN or SARS registration).
• Compliance and Certification: Bidders must complete all mandatory forms (MBD forms), declarations, and provide a valid Fidelity Fund Certificate. For joint ventures or consortia, each party must submit these documents.
• Work Allocation and Rotation: Work will be allocated based on a rotation system, with the right reserved by the municipality to deviate where necessary, especially in urgent or specialized matters.
• Pricing: Bidders must submit firm, inclusive rates for legal services, including hourly rates for conveyancing, fixed rates for specific transactions, and disbursements. Rates are valid for three years with a maximum annual increase of 10%.
• Additional Service Providers: Appointment of advocates, cost consultants, and other specialists will be on an “as needed” basis, with recommendations made by the tenderers and approved by the municipality.
• Legal and Technical Compliance: All submissions must meet the detailed technical and administrative criteria, including submission of relevant experience, qualifications, and supporting documentation as specified in the tender documents.

Summary

The technical requirements aim to ensure that only qualified, experienced, and compliant legal practitioners are appointed to provide a broad spectrum of legal services to support the municipality’s operations, legal compliance, and dispute resolution needs over the three-year period.