24 Hertzog Street - Hartswater - Hartswater - 5870
Organization Type
GOVERNMENT
Published
17 Jun 2026
OCDS Reference
ocds-9t57fa-159261
Summary
Phokwane local municipality seeks to appoint a panel of qualified legal practitioners for a 36-month term to provide on-demand legal services across 20 specialist areas, including litigation, compliance, and municipal law. The tender is open to attorneys with proven experience in local government and requires strict adherence to ethical, financial, and reporting standards.
Key Requirements
Submit a sealed bid with all mandatory Section A documents (e.g., Form of Offer, Pricing Schedule, MBD forms, LPC/CSD registration, TCS PIN, rates clearance) by 16 July 2026, 12:00 pm to 24 Hertzog Street, Hartswater. Late or incomplete submissions are disqualified.
Achieve a minimum 70/100 in functionality scoring (company experience, key personnel CVs, appointment/reference letters) to proceed to price evaluation under the 80/20 PPPFA system.
Demonstrate expertise in at least one of 20 specified legal fields (e.g., Labour Law, Civil Litigation, MFMA, Conveyancing) and provide itemised fee schedules compliant with MFMA cost-containment regulations.
Comply with ethical standards: no conflicts of interest, confidentiality (POPIA), and prioritisation of settlement/alternative dispute resolution to minimise litigation costs.
Maintain active registrations (LPC, Fidelity Fund, CSD) and submit annual certificates (Fidelity Fund by 1 June, LPC Good Standing by 1 April) to retain panel appointment.
Adhere to reporting requirements: progress updates within 3 days of events, monthly contingent liability/asset registers, and detailed invoices with supporting documentation for payment within 30 days.
Ensure availability for ad-hoc work allocation on a rotational basis, with no guarantee of volume, and return all files 3 months before contract end unless litigation is ongoing.
Document read. The full tender notice and its supporting documents are read end-to-end. Key sections, requirements, dates, and contact details are identified and pulled into a working summary you can act on.
Compliance review. The working summary is checked against South African procurement standards — PFMA, PPPFA, B-BBEE, CIDB, local content, and preferential procurement — so nothing critical is missed before you start your bid response.
Procurement Rules & Compliance ContextThis tender may be governed by South African public procurement rules covering fairness, transparency, preferential procurement, anti-corruption, administrative justice and access to information.
9 rules
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
Core procurement rules
These rules commonly apply to South African public-sector procurement.
7
Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
high
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Constitution of the Republic of South Africa, 1996 – Section 217
Act 108 of 1996 (s217)
high
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
Phokwane Local Municipality invites bids for appointment to a panel of legal service providers for 36 months on an as-and-when-required basis. The panel will provide legal services across multiple legal fields including administrative, commercial, labour, municipal, and constitutional law. Evaluation uses 80/20 preference points system with mandatory functionality scoring.
Phokwane Local Municipality invites bids for the appointment of a panel of legal service providers for a 36-month period on an as-and-when-required basis. The tender (PLM/TPANEL-LEG/3105-2026) covers a broad spectrum of legal services, including litigation, compliance, contracts, and specialized fields like labour law, municipal law, and environmental law. The evaluation follows an 80/20 points system (price vs. specific goals), with mandatory functionality scoring (minimum 70/100). Bids close on 16 July 2026 at 12:00 PM.
Not sure if your business is ready for this tender? Check CSD, CIDB, and B-BBEE requirements, run a readiness assessment, and move from opportunity to submission.
Based on 25 comparable awarded tenders. Companies with similar profiles typically bid near the median.
* Estimates are based on historical data and do not guarantee actual award values.
Bid-ready summary. The submission guidelines, evaluation criteria, technical, financial, and compliance sections are refined into professional, easy-to-scan prose. This is the final version you can rely on when preparing your bid or briefing your team.
We refine every tender document through these stages so you can brief your team and prepare your bid with confidence. Anything marked as "in progress" will be upgraded automatically — no action required from you.
TENDER NO: PLM/TPANEL-LEG/3105 - 2026 – Appointment of a panel for provision of legal services for a period of 36 months on an as‑and‑when‑required basis. Closing date: 16 July 2026 at 12:00 pm.
Completed tender documents sealed in an envelope marked with the Bid Name, Bid Number and Bid Description must be deposited into the tender box on the ground floor of Phokwane Local Municipality, 24 Hertzog Street, Hartswater, 8570, no later than 12:00 pm on 16 July 2026.
Price & Preference scoring (Stage 2) – 80 pts allocated to price, 20 pts to preference goals (80/20 system).
Preference Goal A (10 pts): contracting with historically disadvantaged persons (race, gender, disability).
Preference Goal B (10 pts): local labour or enterprises located in the municipal area.
Evaluation framework – bids evaluated under the Preferential Procurement Policy Framework Act (PPPFA) and the municipality’s SCM policy.
Award discretion – the municipality may accept any compliant bid; it is not obliged to accept the lowest price.
Disqualification triggers – failure to submit all Section A documents, late or incorrectly submitted bids, false declarations, or scoring below 70 points in functionality.
Scope – Appointment of a panel of qualified attorneys for a 36‑month period, on an as‑and‑when‑required basis, subject to a service‑level agreement.
Core services – Contracts Management; Litigations & Claims; Corporate & Council Legal Compliance; Municipal Courts; Municipal Entities Governance; Specialized Commercial Legal Services; By‑Law Compilation.
Specialist areas – Must be able to advise in the 20 listed fields: Administrative, Commercial, Company, Constitutional, Eviction (PIE/ESTA), Energy, Environmental, Housing & Land Tenure, Conveyancing, ICT, Labour & Employment (including arbitrations), Civil Litigation (all courts), Local Government, MFMA, Property, Security & Policing, Transportation, Tax & Trusts, Construction, Public Procurement.
Conflict of interest – Practitioners must not accept instructions adverse to the municipality and must disclose any potential conflicts.
Senior counsel – Municipality may appoint senior counsel for complex matters; alternative dispute resolution must be considered first.
Case management – Resolve matters promptly, avoid dormancy, claim costs from unsuccessful parties, and deposit recovered funds into the municipal account.
Fee structure – Itemised invoices; compliance with MFMA cost‑containment regulations; payment within 30 days of invoice receipt.
Reporting – Written progress report within 3 days of any event; monthly updates on contingent assets/liabilities to the Manager: Legal and Valuation Services.
Performance standards – Observe all applicable legislation; obtain written instructions before acting; explore settlement options and obtain written approval for any settlement.
Availability – Legal practitioners must be readily available to provide services as required.
Ethics & professionalism – Adhere to the Legal Practice Act, maintain confidentiality (POPIA), act in the municipality’s best interests, and avoid conflicts of interest.
Technology & facilities – Access to legislation databases, deeds search, Register of Deeds, and CIPC/Intellectual Property resources.
Correspondent attorneys – May be used for efficient case handling; municipality may recommend correspondents.
Transitional matters – Return all files three months before contract end (unless litigation ongoing); submit annual Fidelity Fund Certificate (by 1 June) and Letter of Good Standing (by 1 April).
Work allocation – “As‑and‑when‑required” on a rotational basis; appointment does not guarantee work; municipality may re‑allocate work at its discretion.
Contingency agreement – May be concluded as required by legislation.
Pro‑bono service – Firm may provide free legal services as part of CSR.
Company experience – Provide appointment letters from government/public institutions and reference letters demonstrating prior legal services for local government; scoring follows the functionality criteria.
Key personnel – Submit detailed CVs with certified copies of:
Admission as attorney of the High Court
Fidelity Fund Certificate
Valid Certificate of Good Standing (Legal Practice Council)
Academic and professional qualifications.
B‑BBEE – Submit verification certificate or sworn affidavit to claim preference points (optional for compliance).
Pre‑award verification documents – Certified ID copies of directors/partners (≤3 months old), CIPC registration, Letter of Good Standing from COIDA, and bank‑stamped confirmation of banking details.
Declaration – Sign the bidder declaration confirming all required documents are attached.
Attendance rates – Attorneys and candidate attorneys billed per hour; preparation for consultation/trial billed per hour or per 15‑minute block as indicated.
Counsel employed – Billing per 15 minutes for preparation; court attendance billed per hour.
Counsel not employed – Same hourly rates for preparation and trial activities.
Record‑keeping – All work must be recorded, itemised and supported by appropriate documentation; rates are reviewed annually in line with Legal Practice Council guidelines.
Maximum fees – As per the Municipal Courts tariff schedule (Magistrates, High and Superior Courts). No travel allowance or additional remuneration will be paid.
Rate examples – Taking instruction to sue/defend, attendance, perusal of documents, opinions, notices, pleadings, affidavits, subpoenas, trial preparation, court attendance and post‑trial work are billed per hour or per page as specified.
VAT – Indicate VAT registration status; provide VAT number if applicable.
Invoice requirements – Itemised invoices supported by time‑sheets and work records; payment within 30 days of receipt.
Price submission – Only firm (fixed) prices accepted; non‑firm prices will be rejected.
Review – Municipality may review invoices and refer disputed amounts to the Legal Practice Council.
Pricing schedule – Only firm (fixed) prices are accepted; non‑firm prices will be rejected. All delivery costs must be included.
Fee structure – Fees are based on the Municipal Courts tariff (Magistrates, High and Superior Courts) and include taking instruction to sue/defend, attendance, perusal of documents, opinions, notices, pleadings, affidavits, subpoenas, trial preparation, court attendance and post‑trial work. Rates are quoted per hour or per page as indicated.
Invoice requirements – Itemised invoices with detailed supporting documentation (time‑sheets, work records). Invoices submitted after the financial year end will only be honoured with a valid justification.
VAT – Indicate whether the bidder is a registered VAT vendor and provide the VAT number if applicable.
Payment terms – Municipality will pay approved invoices within 30 days of receipt, subject to verification of fees and compliance with the fee structure.
Dispute resolution – Municipality may review any invoice and refer disputed amounts to the Legal Practice Council.
No travel allowance – No travel allowance or additional remuneration will be paid for matters within municipal jurisdiction.
Tax compliance – Valid SARS Tax Compliance Status (TCS) PIN is mandatory; will be verified electronically. Each consortium/joint‑venture member must provide its own PIN.
Central Supplier Database – Active registration on the CSD with a valid MAAA number is mandatory.
Legal Practice Council – Proof of registration and a current LPC certificate are required.
Municipal Rates & Taxes – Provide a rates & taxes account statement (not older than 3 months) or a lease/tribal‑authority letter confirming rates are paid and not in arrears >3 months at award.
B‑BBEE – Submit a B‑BBEE status level verification certificate or sworn affidavit to claim preference points; non‑submission does not disqualify but yields zero B‑BBEE points.
Submit a B‑BBEE status level verification certificate or sworn affidavit to claim preference points. Non‑submission does not disqualify but results in zero B‑BBEE points.
Legal expertise required – Panel must include practitioners competent in Environmental Law as well as the other 19 listed areas (Administrative, Commercial, Company, Constitutional, Eviction, Energy, Housing & Land Tenure, Conveyancing, ICT, Labour & Employment, Civil Litigation, Local Government, MFMA, Property, Security & Policing, Transportation, Tax & Trusts, Construction, Public Procurement).
Service‑level agreement – Panel appointment is subject to a written SLA defining scope, deliverables, performance standards, reporting, and termination rights.
Duration – 36 months, with possibility of early termination for non‑performance, breach of ethics, or failure to meet cost‑containment requirements.
Work allocation – “As‑and‑when‑required” on a rotational basis; municipality may re‑allocate work at its discretion.
Fees & invoicing – Itemised invoices based on municipal court tariff schedule; payment within 30 days of receipt; no travel allowance or additional remuneration.
Audit & verification – Municipality may request supporting documents (time‑sheets, cost breakdowns) before payment.
Termination – Immediate termination for material breach, conflict of interest, or repeated failure to meet functionality scores.
Penalties – Over‑inflated fees or non‑compliance with invoicing may lead to invoice rejection and possible contract cancellation.
Contingency agreement – May be entered into as required by legislation.
Pro‑bono clause – Firm may provide free legal services as part of CSR, subject to municipal approval.
Tenders remain valid for 90 days. Faxed, emailed or late submissions will not be accepted. The municipality does not bind itself to accept the lowest or any tender and reserves the right to appoint or not to appoint the lowest bidder if the bid is below market‑related rates. The tender is drawn up in line with the municipality’s Supply Chain Management Policy.
Company experience (20 pts): appointment letters (10 pts) and reference letters (10 pts) with weighting 10 or more = full points, 6‑9 = half, 3‑5 = partial, 0‑2 = none.
Key personnel (80 pts): Lead Attorney (40 pts), Professional Assistant/Associate (30 pts), Candidate Attorneys (10 pts) with experience thresholds as detailed in the tender.
Price & Preference (Stage 2) – 80 pts for price, 20 pts for preference goals (80/20 system):
Goal A (10 pts) – contracting with historically disadvantaged persons.
Goal B (10 pts) – local labour or enterprises in the municipal area.
Evaluation framework – bids assessed under PPPFA and municipality’s SCM policy; tenders valid for 90 days.
Award discretion – municipality may accept any compliant bid; not obliged to accept the lowest price.
The tender is for the appointment of a panel of legal service providers for a period of 36 months on an 'as and when required' basis.
The panel will assist Phokwane Local Municipality with legal services across a broad spectrum of fields, including litigation, contracts management, corporate and council legal compliance, municipal courts, governance, and specialized commercial legal services.
Appointment is subject to the conclusion of a service level agreement. Work allocation is rotational and at the sole discretion of the municipality; appointment does not guarantee work.
The municipality reserves the right to appoint any number of legal practitioners or law firms to serve on its legal panel and may engage senior counsel for complex matters.
Submit sealed bids in an envelope clearly marked with the Bid Name, Bid Number (PLM/TPANEL-LEG/3105-2026), and Bid Description. Deposit the envelope into the tender box on the ground floor at Phokwane Local Municipality, 24 Hertzog Street, Hartswater, 8570.
Deadline: 16 July 2026 at 12:00 pm. Faxed, emailed, or late submissions will not be accepted.
Bid documents are free and downloadable from the E-Tender portal (https://www.etenders.gov.za/) or municipal website (www.phokwane.gov.za) from 2 June 2026. No printed copies will be issued by the SCM office.
Mandatory returnable documents (Section A) must be submitted to avoid immediate disqualification. These include:
Signed and completed Form of Offer and Acceptance
Completed and signed Pricing Schedule (in non-erasable black ink)
Completed and signed MBD 1 (Invitation to Bid), MBD 4 (Declaration of Interest), MBD 6.1 (Preference Point Claim Form), MBD 8 (Declaration of Past SCM Practices), MBD 9 (Certificate of Independent Bid Determination)
Completed Schedule 1A (Authority of Signatory) and Schedule 1B (Compulsory Enterprise Questionnaire)
Proof of registration with the Legal Practice Council of SA
Proof of active registration on the National Treasury Central Supplier Database (CSD) with MAAA number
Valid SARS Tax Compliance Status (TCS) PIN
Municipal rates/taxes account (not older than 3 months) or equivalent proof
Every page of the bid document initialed by the authorized signatory
Documents in Section B (e.g., B-BBEE certificate, appointment letters, reference letters, CVs) are required for scoring functionality and/or preference points. Non-submission of B-BBEE certificate will result in zero preference points but will not disqualify the bid.
Documents in Section C (e.g., certified IDs, CIPC documents, COIDA Letter of Good Standing, banking details) may be verified after closing and before award. Failure to produce them upon request will disqualify the bid.
Stage 1 (Functionality): Bidders must score a minimum of 70 out of 100 points to be considered responsive. Criteria include:
Company experience (20 points): In-depth experience in the chosen legal specialization and similar projects in local government. Points awarded based on the number of appointment letters (10+ = 10 points, 6-9 = 5 points, 3-5 = 3 points, 0-2 = 0 points) and reference letters (same point structure).
Key personnel (80 points):
Lead Attorney’s experience (40 points): 10+ years = 40 points, 6-9 years = 30 points, 3-5 years = 15 points, 0-2 years = 0 points.
Professional Assistant’s/Associate’s experience (30 points): 10+ years = 30 points, 6-9 years = 15 points, 3-5 years = 10 points, 0-2 years = 0 points.
Scope: Appointment of a panel of legal practitioners to provide legal services on an 'as and when required' basis for 36 months. Appointment is subject to a service level agreement.
Required legal expertise includes but is not limited to:
Administrative Law, Commercial Law, Company Law, Constitutional Law
Eviction (PIE and ESTA), Energy Law, Environmental Law, Housing and Land Tenure Laws
Conveyancing Law, ICT Law, Labour and Employment Legal Advisory, Labour Law Litigation
Civil Litigation (Magistrate & High Courts, Labour Court, Land Claims Court, Supreme Court of Appeals, Constitutional Court, Arbitrations)
Local Government Law, Municipal Finance Management Act, Property Law (including SPLUMA and Conveyancing)
Security and Policing Law, Transportation Law, Tax Law, Trusts Law, Construction Law, Public Procurement Law
Performance standards:
Act in the best interest of the municipality and avoid conflicts of interest.
Explore settlement options and obtain written instructions from the Manager: Legal Services or Municipal Manager before proceeding with any legal action.
Finalize cases promptly to avoid dormancy; recover all costs and interest owed where applicable.
Report progress in writing within 3 days of any event, including advice on proposed actions.
Disclose contingent liabilities and assets immediately upon case allocation.
Comply with A-G requests for disclosure of legal costs, fees, or contingent liabilities/assets.
Finalize disciplinary and appeal hearings within 1 month of commencement; provide written reasons for any delays.
No advocate may be appointed without written mandate from the Manager: Legal Services and Municipal Manager.
Availability: Legal practitioners/firms must be readily available to provide services as required.
Ethics/Professional Standards:
Comply with the Legal Practice Act, POPIA, and maintain confidentiality.
Demonstrate honesty, trust, diligence, and accountability in handling litigation.
Avoid unnecessary postponements and strive to resolve matters independently without referring to advocates unless approved.
Technology: Firms must be equipped with advanced technology for research (e.g., legislation, law reports), deeds searches, lodging documents to the Register of Deeds, company searches, and CIPC access.
Work allocation: Rotational basis at the municipality’s sole discretion; appointment does not guarantee work.
Pricing must be submitted on the official Pricing Schedule, completed in non-erasable black ink. No correction fluid or tape is allowed.
All delivery costs must be included in the bid price.
Fee structure must align with Lower and Higher Court tariffs and Legal Practice Council prescripts, as well as MFMA Municipal Cost Containment Regulations.
Invoices must be itemized, detailing actual work done, hours spent, and fee charges for each item. Late invoices (submitted after the end of the financial year) may not be honored unless justified.
The municipality intends to pay all legal fees within 30 days of receipt of a correct invoice.
Unreasonable or inflated legal fees may lead to contract cancellation and non-payment until corrected and approved by the Municipal Manager in consultation with the Manager: Legal Services.
Legal fees for disciplinary hearings and appeals are negotiable with the appointed legal firm.
No travel allowance or remuneration will be paid for matters within the municipality’s jurisdiction.
Only one attorney may claim fees for the same matter; payment will be made only to the appointed attorney.
Quotations or legal fee estimates must be provided prior to rendering services. Interim bills may be submitted at appropriate intervals.
The municipality reserves the right to review and refuse payment of any invoice, referring disputed amounts to the Legal Practice Council for advice.
Mandatory compliance documents (Section A – non-submission results in immediate disqualification):
Proof of registration with the Legal Practice Council of SA.
Proof of active registration on the National Treasury Central Supplier Database (CSD) with MAAA number.
Valid SARS Tax Compliance Status (TCS) PIN (electronically verified by the municipality).
Municipal rates/taxes account (not older than 3 months) or equivalent proof (e.g., lease agreement, tribal authority letter). Must not be in arrears for more than 3 months at the award stage.
Certified copies of Identity Documents of all directors/members/partners (certification not older than 3 months).
Completed and signed forms: MBD 1, MBD 4, MBD 6.1, MBD 8, MBD 9, Schedule 1A, Schedule 1B, Form of Offer and Acceptance, Pricing Schedule.
Every page of the bid document must be initialed by the authorized signatory.
For Joint Ventures/Consortia: Signed and dated JV Agreement specifying profit, liability, and work share.
B-BBEE: Certificate (or sworn affidavit for EMEs & QSEs) is required to claim preference points. Non-submission results in zero preference points but does not disqualify the bid.
No bids will be accepted from persons in the service of the state (as defined in MSCM Regulations).
Bidders must declare past supply chain management practices (MBD 8) and certify independent bid determination (MBD 9).
Foreign suppliers must complete a pre-award questionnaire regarding tax residency, branch, permanent establishment, income source, and tax liability in South Africa.
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
Covers preferential procurement and preference-point systems used in public tenders.
Relevant because this is a South African public-sector procurement opportunity.
Prevention and Combating of Corrupt Activities Act (PRECCA)
Act 12 of 2004
high
Supports anti-corruption controls and supplier integrity in procurement processes.
Relevant because this is a South African public-sector procurement opportunity.
Public Procurement Act, 2024 (PPA)
Act 28 of 2024
high
Provides the national framework for public procurement across government.
Relevant because this is a South African public-sector procurement opportunity.
Promotion of Access to Information Act (PAIA)
Act 2 of 2000
medium
Supports access to tender records, award decisions and public-sector procurement information.
Relevant because this is a South African public-sector procurement opportunity. Relevant because this tender appears to involve legal services, records, administrative justice, access to information, or regulated advice.
Promotion of Administrative Justice Act (PAJA)
Act 3 of 2000
medium
Supports lawful, reasonable and procedurally fair administrative tender decisions.
Relevant because this is a South African public-sector procurement opportunity.
Issuer-specific rules
These rules are linked to the type of public body issuing this tender.
1
Companies Act
Act 71 of 2008
medium
Relevant to governance and reporting obligations for state-owned companies and public entities.
Relevant because this tender appears to involve financial services, accounting, auditing, actuarial, or advisory work.
Sector-specific rules
These rules are linked to the work category, industry, or regulated service area.
1
Financial Intelligence Centre Act (FICA)
Act 38 of 2001
medium
Relevant to financial services, audit, accounting, KYC and anti-money-laundering obligations.
Relevant because this tender appears to involve financial services, accounting, auditing, actuarial, or advisory work.
24 Hertzog Street - Hartswater - Hartswater - 5870
Document-Backed
Source Snapshot Available
AI Enhanced
Source confidence
High source confidence
Official source
eTenders.gov.za
Documents found
2
Last checked
17 Jun 2026
AI status
Enhanced
Data conflicts
None detected
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.