WHAT WE OFFER

We specialise in the following practice areas:

Constitutional Law

MKInc has superior knowledge, aptitude and proven experience in providing integrated legislative and policy drafting, advisory and litigation services to a wide variety of public bodies and organs of state in matters of corporate governance, public finance management, regulatory compliance, constitutional law, administrative law, the interpretation of legislation, procurement law and employment law, among others.

We have extensive experience of providing advisory and litigation services in constitutional and administrative law matters. We routinely advise a miscellany of State actors, private business and individuals on a number of issues of constitutional import.

For instance, MKInc has acted in over 100 litigious matters as the Electoral Commission’s (IEC) attorneys since its establishment. This includes various high visibility constitutional litigation matters involving the conduct of elections and the interpretation of the electoral provisions of the Constitution and litigation.

Previously, Moeti and Mashudu acted as attorneys of record for the City of Tshwane Metropolitan Municipality in that City’s high-visibility dispute with Afriforum NPC regarding the City’s decision to change 25 streets within the City’s jurisdiction. That judgment (City of Tshwane Metropolitan Municipality v Afriforum and Another 2016 (6) SA 279 (CC)) remains the leading case on the appealability of interim interdicts that restrain the exercise of statutory powers.

Regulatory, Compliance and Administrative Law

We have extensive experience in advising a number of public bodies ranging from Chapter 9 institutions (such as the IEC and the Auditor-General), national and provincial government departments, government business enterprises, regulatory bodies and other public bodies in matters of regulatory compliance, the interpretation of legislation (particularly regulatory legislation) and administrative law.

This experience extends to a wide variety of fields: we offer advisory services relating to compliance with legislation with regards to regulated professions and industries such as the healthcare, financial advisory, auditing, built environment, standards and compulsory specifications and other industries.

We routinely advise clients on such issues as the interpretation of the Promotion of Access to Information Act, 2000 (PAIA), Promotion of Administrative Justice Act, 2000 (PAJA), Prevention and Combating of Corrupt Activities Act, 2004 (PCCA), the Protection of Personal Information Act, 2013 (POPIA) and others.

Electoral Law

We have an unparalleled understanding and unmatched experience of the legislative environment in which the IEC operates. We are both pleased and humbled have been involved in most of the major developments in that legislative environment since 2011.

Moeti and Mashudu, and lately the other members of our professional team, have provided integrated advisory, legislative drafting and litigation services for the IEC since 2011 around and in between all the national, provincial and municipal elections conducted since then, including the 2021 general local government elections

Procurement Law

We can state without any equivocation that we are experts in public procurement law and the regulatory aspects thereof. MKInc has extensive knowledge of and practical experience of the entire legislative environment concerning public procurement comprising the Constitution, the Public Finance Management Act, 1999 (PFMA) and Treasury Regulations, the Local Government: Municipal Finance Management Act 2003 (MFMA) and the Supply Chain Management Regulations, 2005, the Preferential Procurement Policy Framework Act, 2000 (PPPFA) and the Preferential Procurement Regulations, 2017, the Broad-Based Black Economic Empowerment Act, 2003, practice notes and instructions issued by the National Treasury, as well as the relevant case law.

We advise an innumerable number of organs of state as well as private business aggrieved by awards made by organs of state, regarding the public procurement prescripts contained in the relevant laws.

Litigation

Litigation has historically been our forte and our exploits in this field are too innumerable to mention.

Our attorneys have represented clients in the Magistrate’s Courts, the High Courts, the Electoral Court, the Equality Courts, the Labour Court, the Supreme Court of Appeal and the Constitutional Court. In addition, they have appeared on behalf of clients in various specialist tribunals, including the Judicial Conduct Tribunal of the Judicial Service Commission, disciplinary committees of the Health Professions Council of South Africa (HPCSA) and the  Independent Regulatory Board for Auditors (IRBA”), appeal committees of the HPCSA and the Council for Built Environment (“CBE”), the Gauteng Townships Board and the Gauteng Development Tribunal.

Our attorneys have a distinct preference for conducting their own appearances in all courts and tribunals unless the magnitude and complexity of the matter requires the engagement of outside counsel. In the latter case we have established a wide network of preferred advocates across the country who fit almost any skill set that may be required by our clients.

Municipal Law

We have dealt with municipal law in all its permutations, and our attorneys have provided advisory and litigation services to all three metropolitan municipalities in Gauteng, some of their municipal entities and countless local and district municipalities regarding such diverse matters as municipal procurement, town planning, building control, evictions, by-law enforcement, labour relations, property rates and taxes, municipal debt recovery processes, environmental law, and the borrowing powers of municipalities, to name a few.

Forensic and due diligence investigations

We have proven expertise and experience in conducting due diligence and forensic investigations, as well as report-writing, having conducted high profile forensic investigations for such clients as the South African Revenue Service (SARS), the Centre for Scientific and Industrial Research (CSIR), the National Health Laboratory Service (NHLS), the National Treasury, the National Department of Education and various municipalities.

Competition Law

Moeti holds a certificate in Competition Law from the University of Pretoria. He has dealt with a number of competition law matters, especially in the regulatory space, where he has advised such public institutions such as the Auditor-General, the Council for the Built Environment, the HPCSA and the Government Printing Works on competition law matters.

Legislative drafting

We have extensive experience in providing policy and legislative drafting services to a range of state actors.

 

In this regard, we drafted the Local Government: Municipal Electoral Amendment Act, 1 of 2016 ahead of the 2016 general local government elections, the Electoral Laws Amendment Act, 1 of 2019 to introduce significant changes in the regulation of elections ahead of the 2019 national and provincial elections, the Electoral Laws Amendment Act, 4 of 2021 in preparation for the 2021 general local government elections, and amendments to all the affected underlying regulations.

Moeti has previously drafted policy documents and legislation for among others the Minister of Public Works, the Council for the Built Environment, the Municipal Demarcation Board, the Gauteng Provincial Treasury and the HPCSA.

Pension Law

MKInc has extensive experience in advising on and conducting litigation regarding pension law matters.

In this regard, MKInc provides advisory and litigation services to the largest pension fund in the country, the Government Employees Pension Fund (“GEPF”) and its administrator, the Government Pensions Administration Agency, regarding a wide miscellany of issues ranging from the regulatory compliance, the interpretation of the legislation and rules, and the resolution of disputes with participating employers, members, pensioners and beneficiaries.

We also act on behalf of a number of public and private sector pension funds.

Employment Law

We have significant experience in labour and employment law advisory and litigation, and we are familiar with the processes of bargaining councils, the CCMA, the Labour Court and other employment law dispute resolution fora.

We have an excellent understanding of the labour laws and employment law jurisprudence applicable to the public and private sector employment, as well as a heightened understanding of the field of employee benefits

B-BBEE STATUS

We are an exempted micro-enterprise (EME) as contemplated in paragraph 4 of the Codes of Good Practice (Codes) issued in terms of section 9(1) of the B-BBEE Act, and 100% Black owned, which qualifies us for recognition as a Level One Contributor having a B-BBEE recognition level of 135%.

FEE STRUCTURE

We make every effort to finalise the mandates entrusted to us timeously and as cost-efficiently as possible. Because of our superior expertise in our focus areas where we practice, we are able to execute our mandates in a comparatively shorter time, thus translating to a saving in legal fees for the client and quicker turn-around times on instructions entrusted to us.

In this regard, we are taking full advantage of the opportunities presented by advances in information and communications technology (including electronic research facilities available to our professionals), which allow our professionals to virtually practice from anywhere.

We operate a sophisticated electronic billing system which allows us to instantaneously record the time spent on various activities on a client’s mandate and to generate invoices for work done.