Objectives

The primary objective of this tender is to appoint a panel of up to 10 law firms to provide comprehensive legal assistance and services to the Independent Communications Authority of South Africa (ICASA) over a period of five (5) years. The legal support aims to ensure that ICASA can effectively regulate the electronic communications, broadcasting, and postal services sectors, uphold compliance with legislation, defend its mandates in litigation, and enhance its overall legal capacity.

Scope

The scope of the tender encompasses providing legal services across various categories, including:

• ICT Law (broadcasting, electronic communications, postal services)
• Labour Law
• Commercial Law
• Legislative Drafting
• Administrative Law
• Competition Law
• Environmental Law
• Corporate Governance
• Constitutional Law
• Other matters governed by legislation relevant to ICASA

The legal firms will handle litigation, provide general legal support, and assist with proactive measures, legal strategy, and compliance related to ICASA’s mandate.

Technical Requirements

The technical requirements include:

• Demonstration of a clear litigation strategy or methodology that is cost-effective, pragmatic, and efficient.
• Analysis of ICASA’s current legal shortcomings and proposed measures for improvement.
• Development of communication and reporting strategies, including how often and in what manner updates will be provided.
• Provision of sample contract clauses and conflict of interest policies.
• Detailed personnel profiles for each staff member involved, highlighting experience, skills, academic qualifications, and relevant matters handled.
• Indication of preferred legal focus areas aligned with personnel expertise.
• Confirmation that lead personnel have at least ten (10) years of admitted legal practice and specialization in relevant categories.
• Experience in administrative and ICT law matters, with details of issues addressed.

Skills Requirements

The skills and expertise required include:

• Extensive experience in the specified legal categories, particularly ICT Law, Labour Law, Commercial Law, Administrative Law, and others.
• Proven track record of at least ten (10) years as a legal practitioner, with specialization in relevant fields.
• Ability to develop and implement litigation strategies and proactive legal measures.
• Strong communication skills for reporting and handling potential conflicts of interest.
• Capability to analyze and improve ICASA’s legal processes and success rates in litigation.
• Experience in providing legal support in regulatory, legislative, and compliance matters related to the communications sector.
• Availability of qualified personnel, including external experts or subcontractors, with detailed profiles and credentials.