Objectives

The primary objective of this tender is to establish a panel of qualified legal service providers (attorneys, conveyancers, notaries, and legal firms) capable of delivering a comprehensive range of legal services to Ba-Phalaborwa Municipality. The services aim to cover various legal categories including public law, municipal law, town planning, environmental law, building and construction law, labour law, property law, conveyancing, notarial registration, and forensic legal services. The goal is to ensure the municipality has access to experienced legal expertise on a rotational basis, supporting its legal and advisory needs over a three-year period.

Scope

The scope encompasses:

• Legal services related to Magistrate and High Court litigation
• Dispute resolution and general legal advisory services
• Public and municipal law, including drafting and reviewing bylaws and policies
• Town planning and environmental law representation and opinions
• Building and construction law, including legal opinions and representation in unlawful building matters
• Labour law, including legal opinions, court representations, disciplinary hearings, and arbitration
• Property law, conveyancing, and notarial registration, including transfer of immovable property, bonds, certificates of titles, township applications, and deeds registration
• Forensic legal services and investigations

The services are to be rendered as and when required, with work allocated on a rotational basis, without guarantee of instructions during the contract period.

Technical Requirements

All bidders must comply with the following technical deliverables:

Public and Municipal Law Services

• Assist in drafting and preparing bylaws and policies
• Provide impartial legal opinions on municipal law matters
• Represent the municipality in civil litigation related to public and municipal law

Town Planning and Environmental Law

• Represent in civil and commercial litigation concerning town planning and environmental issues
• Provide legal opinions on town planning and environmental law

Building and Construction Law

• Represent in unlawful building works cases
• Provide legal opinions on building and construction law matters

Labour Law

• Render legal opinions on labour law issues
• Represent in Labour Court, Labour Appeal Court, disciplinary hearings, arbitration, and misconduct investigations

Property Law, Conveyancing, and Notarial Registration

• Register general plans, servitudes, bonds, and transfer of properties
• Draft and register sale agreements, certificates of titles, consolidated titles, township applications, and deeds
• Attend to property transfers, bond cancellations, and related notarial deeds
• Engage with the Surveyor-General and handle investigations in the Deeds Office

All technical requirements must be met, and deliverables provided as specified in the tender documentation.

Skills Requirements

Applicants must demonstrate:

• Extensive experience and capacity in the relevant legal categories, supported by a detailed firm profile
• Qualified attorneys, conveyancers, and notaries with valid admission certificates and fidelity fund certificates
• Lead attorneys with a minimum of 10 years’ local government legal experience, including specific experience in municipal matters
• Support staff with appropriate education, skills, and experience in the relevant legal fields
• Proven track record in municipal legal services, including high court litigation, conveyancing, and advisory work
• Access to necessary legal software and resources, such as deeds office search software and conveyancing tools
• Capacity to provide timely, professional, and impartial legal advice and representation

Additional skills include good organizational capacity, technological infrastructure, and the ability to support the municipality’s legal needs effectively over the contract period.