AREAS OF EXPERTISE
Pumla Nkosi Attorneys Incorporated (“PNA”) offers a comprehensive range of legal services aligned with clients mandate and the specific requirements of providing ongoing legal, governance, and litigation support to a national public entity operating under the Standards Act and the Public Finance Management Act (PFMA).
OUR CORE PRACTICE AREA
Include labour and employment law, administrative and constitutional law, procurement and contract law, corporate governance, compliance, and general litigation. This multidisciplinary capability ensures that client receives seamless and integrated legal support across all operational and governance matters — from policy interpretation and compliance reviews to litigation management, risk mitigation, and enforcement proceedings.
We have a proven record in managing complex, high-value, and sensitive public-sector matters, including detailed case reviews, legislative compliance assessments, governance evaluations, and risk management processes. Our team is skilled in drafting and reviewing contracts, pleadings, affidavits, opinions, and regulatory submissions within prescribed timelines, while engaging effectively with counterparties and ensuring that each action taken aligns with the client’s governance framework and statutory obligations.
AREAS OF EXPERTISE
Labour and Employment Law
PNA provides specialised advisory, representation, and compliance support in all aspects of labour and employment law, ensuring that public-sector employers meet their legal and procedural obligations while maintaining sound employee relations. The firm assists with drafting and implementing disciplinary codes, managing misconduct and incapacity processes, handling retrenchments and restructuring, and advising on collective bargaining and trade-union engagements. We represent clients before the CCMA, Bargaining Councils, and the Labour Court, delivering outcomes that are both legally defensible and operationally sustainable. Our approach emphasises early risk detection, procedural fairness, and cost-effective dispute resolution.
Applicable Legislation: Labour Relations Act 66 of 1995; Basic Conditions of Employment Act 75 of 1997; Employment Equity Act 55 of 1998; Skills Development Act 97 of 1998; Occupational Health and Safety Act 85 of 1993; Compensation for Occupational Injuries and Diseases Act 130 of 1993; and applicable Codes of Good Practice. .
Administrative and Constitutional Law
PNA advises organs of state and public entities on compliance with the Constitution, PAJA, and related statutory frameworks governing lawful, reasonable, and procedurally fair decision-making. We conduct legality reviews, advise on due process in disciplinary or procurement decisions, and prepare or oppose judicial review applications where necessary. Our practitioners are adept at reconciling operational imperatives with constitutional obligations to fairness, transparency, and accountability. This ensures that our clients’ administrative actions withstand public scrutiny and judicial review.
Applicable Legislation: Constitution of the Republic of South Africa, 1996; Promotion of Administrative Justice Act 3 of 2000; Promotion of Access to Information Act 2 of 2000; Public Finance Management Act 1 of 1999; and the Protected Disclosures Act 26 of 2000.
Procurement and Contract Law
PNA offers end-to-end support in public-sector procurement, ensuring compliance with legislative and regulatory frameworks from bid specification through to contract close-out. We review tender documentation, evaluate bid processes, advise on irregular expenditure, and draft or vet service-level agreements and commercial contracts. Our procurement advice integrates legal, financial, and operational considerations, ensuring that every transaction complies with section 217 of the Constitution, the PFMA, and Treasury Regulations. We further assist with dispute resolution, contract enforcement, and legal opinions to guide management and supply-chain officials.
Applicable Legislation: Public Finance Management Act 1 of 1999; Preferential Procurement Policy Framework Act 5 of 2000; National Treasury Regulations; Municipal Finance Management Act 56 of 2003 (where applicable); and the Prevention and Combating of Corrupt Activities Act 12 of 2004.
Corporate Governance and Compliance
PNA advises Boards, Audit and Risk Committees, and Executive Management on governance frameworks, delegation of authority, and statutory compliance. We conduct governance diagnostics, assist in developing charters and compliance matrices, and align organisational policies with the King IV Report on Corporate Governance and relevant public-entity frameworks. Our service delivery model integrates legal risk management with strategic governance oversight, enabling clients to maintain integrity, transparency, and accountability in line with PFMA and Treasury standards.
Applicable Legislation: Public Finance Management Act 1 of 1999; Companies Act 71 of 2008; Standards Act 8 of 2008; King IV Report on Corporate Governance for South Africa; and applicable National Treasury Instructions and circulars.
Commercial and Contractual Law
PNA provides practical, commercially sound legal advice to support the contracting and business operations of public entities. We draft, review, and negotiate contracts, memoranda of understanding, and service agreements to ensure clarity, enforceability, and compliance with applicable legislation. Our lawyers balance legal precision with operational insight, helping clients to avoid disputes through well-structured contracts and proactive risk management. In the event of dispute, we provide strategic enforcement or defence aligned with clients’ commercial objectives.
Applicable Legislation: Companies Act 71 of 2008; Consumer Protection Act 68 of 2008; Electronic Communications and Transactions Act 25 of 2002; National Credit Act 34 of 2005; and the Standards Act 8 of 2008.
General Litigation and Dispute Resolution
PNA’s litigation practice spans civil, administrative, and commercial disputes in all superior courts, labour forums, and specialised tribunals. We manage matters from pre-litigation strategy to enforcement of judgments, ensuring procedural compliance and tactical advantage. Our litigation teams prepare pleadings, affidavits, heads of argument, and represent clients in hearings, arbitrations, and mediations. We are equally proficient in negotiating settlements that balance risk, cost, and reputation management.
Applicable Legislation: Superior Courts Act 10 of 2013; Uniform Rules of Court; Labour Relations Act 66 of 1995; Arbitration Act 42 of 1965; and the Constitution of the Republic of South Africa, 1996.
Debt Collection and Recovery
PNA delivers structured, legally compliant debt-recovery services for public entities. We manage demand processes, negotiate settlements, institute proceedings for judgment, and execute against debtors’ assets, always ensuring adherence to ethical standards and cost-efficiency. Our process integrates with the client’s finance division to ensure timely reporting and traceability of recoveries in compliance with PFMA requirements.
Applicable Legislation: Magistrates’ Courts Act 32 of 1944; Superior Courts Act 10 of 2013; National Credit Act 34 of 2005; Prescription Act 68 of 1969; and the PFMA 1 of 1999.
Mediation and Alternative Dispute Resolution (ADR)
PNA promotes dispute resolution through mediation and arbitration, recognising the public sector’s need for efficiency, confidentiality, and cost savings. Our practitioners act as mediators or party representatives in structured ADR proceedings, facilitating settlements that preserve working relationships and institutional integrity. We emphasise fairness, confidentiality, and enforceability of outcomes while ensuring all agreements comply with applicable statutes and internal policies.
Applicable Legislation: Arbitration Act 42 of 1965; Labour Relations Act 66 of 1995; and the Rules for the Conduct of Arbitrations (AFSA and CCMA frameworks).
Legal Opinions and Advisory Services
PNA provides comprehensive legal opinions and advisory memoranda to Boards, Executives, and management teams. Each opinion is grounded in rigorous research, legislative interpretation, and practical applicability to the public-entity environment. Our attorneys ensure that advice is concise, implementable, and risk-sensitive, thereby enabling informed decision- making and policy alignment within client.
Applicable Legislation: Constitution of the Republic of South Africa, 1996; PFMA 1 of 1999; Treasury Regulations; and other enabling legislation specific to the instruction.
Training and Capacity Building
Recognising that knowledge transfer strengthens compliance culture, PNA offers tailored legal and governance training for boards, executives, and employees. Our training covers PFMA compliance, procurement governance, labour law updates, and ethics. Programmes are interactive and outcome-driven, designed to build institutional capacity and reduce regulatory risk.
Applicable Frameworks: PFMA 1 of 1999; Treasury Regulations; Labour Relations Act 66 of 1995; Employment Equity Act 55 of 1998; and King IV Report on Corporate Governance.