Panel of attorneys for legal services – phokwane local municipality (36-Month contract)

{"closingDate":"20 AUGUST 2026","closingTime":"12:00pm","briefingSession":"{"date":null,"time":null,"venue":null,"is_compulsory":false}"}

{"name":"Ms. M. Taaibos","email":null,"phone":null,"department":"is responsible for the","address":"and Bid"}

Returnable Documents: Only the documents in SECTION A are treated as grounds for immediate disqualification (non-responsive bids) in terms of, SECTION A: MANDATORY (non-submission will result in disqualification), 1 Signed and completed Form of Offer and Acceptance MANDATORY, 2 Completed and signed Pricing Schedule — all pricing fields completed in non- MANDATORY, 3 Completed and signed MBD 1 — Invitation to Bid MANDATORY, 4 Completed and signed MBD 4 — Declaration of Interest MANDATORY, 5 Completed and signed MBD 6.1 — Preference Point Claim Form (PPR 2022) MANDATORY, 6 Completed and signed MBD 8 — Declaration of Bidder's Past SCM Practices MANDATORY, 7 Completed and signed MBD 9 — Certificate of Independent Bid Determination MANDATORY

1. Scope

This Bid is for Appointment of a panel for provision of legal services for a period 36 months as and

when required.

We hereby request the service providers to quote for the above-mentioned tender through a competitive bidding

process.

1.1 Phokwane Local Municipality invites bids from suitably qualified attorneys to be placed on the Panel of Attorneys to

assist the municipality to achieve its vision and its strategic objectives. The duration for appointment of panel of

legal practitioners is a period of 36 months as and when required. The appointment to the panel of attorney is

subjected to a conclusion of a service level agreement. The Legal and Valuation unit is responsible for the

Municipality’s legal related work which amongst others includes the following: -

• Contracts Management;
• Litigations & Claims;
• Corporate Legal Compliance;
• Council Legal Compliance;
• Municipal Courts;
• Municipal Entities Governance;
• Specialized Commercial Legal Services; and
• By-Law Compilation

1.2 The Municipality requires the services of appropriately qualified legal practitioners to render legal services as

and when may be required. The duration for appointment of panel of legal practitioners is a period of 36

months as and when required. It is subjected to a conclusion of a service level agreement.

1.3 The objective is to identify legal practitioners that can render legal services over a broad spectrum of the fields of

law as well as specific types of legal services where a bidder specializes in a specific field of law as set out

hereunder.

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1.4 To avoid any possible conflict of interest, prospective service providers who are appointed will be required

not to accept any instructions from any party against Phokwane Local Municipality. Phokwane Local Municipality

reserves the right in its sole discretion to appoint any number of legal practitioners or law firms to serve on its legal

panel for management purposes.

1.5 Phokwane Local Municipality may from time to time require specialised legal expertise and therefore reserves the

right to, in deserving cases to appoint a senior Counsel depending on the complexity and importance of the

matter to the Municipality. Should the successful bidder believe that the matter can be resolved in any other

manner, the Municipality must be informed in writing of such alternative prior to any further steps being

taken. To avoid the Municipality incurring high litigation costs, the bidder is expected at all material times to act in

the best interest of the Municipality and must attempt to resolve the dispute by way of settlement and/or

requesting for the application of Rule 41A of the Rules of Court or application of Pre-dismissal agreement in term

of Labour Relations Act or any other agreed mechanisms as agreed with the other party after consultation with

Municipal Manager as well as the unit manager: Legal and Valuation Services.

1.6 As part of the terms and conditions of appointment, it is expected from the Legal Firm to finalise matters or

cases within a reasonable short period of time to avoid dormancy of cases and the recovery of all capital and

interest owing, where applicable as well as the recovery of all costs orders made by the Court including execution

steps as well as any other relevant steps. In the case where the matter becomes dormant, the successful bidder

should try to finalise the matter or cause the matter to be withdrawn. The Legal Firm is responsible to claim

legal costs against any unsuccessful party to litigation and to implement the court order as soon as possible.

All the legal costs obtained should immediately be deposited into the account of the municipality by the legal

Firm.

2. Requested services

2.1 General legal work

2.1.1 The Municipality requires Tenderers with expertise in the areas stipulated below:-

2.1.1.1 Administrative Law;

2.1.1.2 Commercial Law;

2.1.1.3 Company Law;

2.1.1.4 Constitutional Law;

2.1.1.5 Eviction including the application (PIE) and (ESTA)

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2.1.1.6 Energy Law;

2.1.1.7 Environmental Law;

2.1.1.8 Housing and Land Tenure Laws;

2.1.1.9 Conveyancing law;

2.1.1.10 Information and Communication Technology Law;

2.1.1.11 Labour and Employment Legal Advisory; Labour Law Litigation including arbitrations.

Appearing at bargaining councils, disciplinary hearings and chairing disciplinary hearings.

2.1.1.12 Civil Litigation (Magistrate & High Courts, Labour Court, Land Claims Court; Supreme Court of

Appeals and Constitutional Court, Arbitrations)

2.1.1.13 Local Government Law;

2.1.1.14 Municipal Finance Management Act

2.1.1.15 Property Law (including Spluma and Conveyancing);

2.1.1.16 Security and Policing Law;

2.1.1.17 Transportation Law including National Land Transport Act, 2009 (Act and Economic

Regulation of Transport Act

2.1.1.18 Tax Law and Trusts law

2.1.1.19 Construction Law

2.1.1.20 Public Procurement Law.

3 agreed fee structure

3.1 Due to strict budgeting requirements as provided by the MFMA as well as the principles of the Municipality

Cost Containment Measures Circular issued by the National Treasury it is expected from the Legal Firm

not to unreasonably inflate or exaggerate legal fees, hours, or services. All invoices should be accompanied by

detailed supportive documents and proof that the services have been rendered as well as the hours spent on

dealing with matters. The municipality does not allow more than one attorney to claim on the same matter. Payment

will only be made to the appointed Attorney.

3.2 The Municipality reserves the right to peruse any invoice that has been submitted for payment and may refuse

to make payments and further refer any disputed amount to the Legal Practice Council for advice. The Fee

Structure shall be in line with the requirements of both the Lower and Higher Courts including the prescripts

of the Legal Practice Council. It’s also important to observe the MFMA-Municipal Cost Containment

Regulations.

3.3 The fee notes submitted shall be in itemized form and clearly indicating the actual work done and the fee charges

for each item as per the recognized rates. Invoices submitted late (after end of the current financial year) shall

not be honored except where there are good reasons in the eyes of the Municipal Manager.

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3.4 The Legal Firm shall depend on the nature and circumstances of any legal matter, provide a quotation or a legal fee,

prior to the services being rendered. Further the firm may submit interim bills to the Municipality at appropriate

intervals during each matter as appropriate and generally at the time when a particular phase of the matter has been

completed. Municipality shall not renumerate a legal Firm for work not done or not satisfactory done.

3.5 Unreasonable, inflated legal fees claimed will lead to a ground for cancellation of the agreement and the invoice

shall not be paid until the information on the invoice is corrected and approved by the Municipal Manager in

consultation with the Manager: legal Services. The Municipality intends to pay all legal fees within a period of 30

days of receipt of the invoice.

3.6 Legal fees in respect of handling disciplinary hearing and/or appeals on behalf of the municipality shall be negotiable

with the appointed legal firm.

4 reporting

4.1 Any progress must be reported immediately in writing not later than 3(three) days after the event with advice on the

proposed course of action.

4.2 All contingent liabilities and assets must be provided immediately after the case has been allocated to the legal firm.

It is expected from the Legal Firm to comply with the A-G requests on disclosure of information on legal costs/

fees or information on contingent lability or Assets and or the merits of any matter or pending case. The municipality

will under no circumstances pay any invoice relating to the preparation of contingent liability or assets and or

attending to Audit queries as well as preparation of litigation matters or performance- based report.It is expected

from the Legal form to attend and communicate on monthly basis with the manager: Legal and Valuation Services

on the management of Contingent asset Register

5 performance standards

5.1 Legal firm must strictly observe the applicable legislation, collective agreements, by-laws of municipality, and other

applicable policies when giving advises or representing municipality.

5.2 In the case where the appointed Legal Firm is of the view that there are no prospects of success, the Municipality

must be informed before any further steps are taken. Failure to inform the municipality may result in the municipality

claiming damages from the Legal firm.

5.3 Written instructions must be obtained from the Manager: Legal Services and or the Municipal Manager before

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proceeding with any action or legal step.

5.4 The possibility of settlement and withdrawal of the case must always be explored in every matter. No

settlement should be concluded without prior approval of the Unit Manager: Legal and Valuations and the Municipal

Manager

5.5 The appointed Legal Firm is responsible to arrange consultations with witnesses through the manager: Legal

and Valuation Services and/or the responsible Legal Advisor

5.6 In all instances where a legal firm is appointed to preside or prosecute in a disciplinary hearing. It must endeavor to

finalise both disciplinary and appeal hearings within a period one (1) month from the commencement date. In case

there are delays, reasons for the delay must be provided in writing to the Manager: Legal and Valuation Services

and the Municipal Manager, No Advocate may be appointed without a specific written mandate from the Manager:

Legal Services and the Municipal Manager. Unnecessary postponement of matter before courts is

strictly unacceptable.

5.7 The Legal firm shall, by all means, finalise all the cases allocated and must ensure that no dormant cases are

experienced by the municipality.

5.8 The Legal Firm must tick which service Categories or Specialised fields/ areas of law they are bidding for from the

below mentioned:

5.9 The Legal Firm shall at all times provide requested information to the municipality and to prepare and submit litigation

and contingent asset / liability register to the Municipality.

6 availability

6.1 The Legal practitioner/Legal firm should be readily available to provide legal services as and when required by the

Municipality.

7 ethics/ professional standards

7.1 NB: Purpose of Legal Practice Act, a legal practitioners shall include both the Attorney and the Advocate with a

Trust Account.

7.2 The Legal practitioner/ Legal firm should always be ethical and professional towards the Officials and Councilors of

the Municipality as well as third parties. The Legal firm is expected always to act in the best interests of

the Municipality, further it must always avoid conflict of interest situations.

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8.1 The following shall be expected:

8.1.1 The Legal practitioner / Legal Firm should demonstrate in the management of the

litigation, honesty and trust should be cornerstone of his profession.

8.1.2 The Legal practitioner/Legal Firm should disclose all information to the

Municipality concerning all the matters at hand.

8.1.3 The Legal practitioner / Legal firm should at all the times refrain from disclosing

confidential information of the client to third parties / Legal Firms/Legal

practitioners unless ordered by Court of Law. The Legal Practitioner must

comply with POPIA legislation.

8.1.4 The Legal practitioner / Legal Firms in representing Municipality before

Court or other bodies should demonstrate dexterity, diligence, utmost good-

faith and high degree of responsibility and accountability in the handling of

litigation.

8.1.5 To mitigate litigation costs, the Legal practitioner / Legal Firm should always

strive to be independent in handling matters that have been allocated to him

instead of passing or referring these matters to Advocates.

8.1.6 The engagement of Advocates is only allowed in complex matters and as such

the written permission of the Head Legal and Valuation and the Municipal

Manager should be obtained before utilising the services of an Advocate. The

municipality reserves the right to recommend an Advocate to handle the case as

well as the corresponding legal practitioner.

9 user friendly working amenities/facilities

9.1 It is expected from the Legal practitioner/ Legal Firm to be equipped with advanced technology,

facilities for the performance of assigned duties. Such technology should, amongst others: -

9.1.1 assist with access to information during research e.g. (legislation, law reports articles

and communication).

9.1.2 Allow for deeds search as well as for lodging of documents to Register of Deeds

9.1.3 Allow for company search and access to Companies and Intellectual Property

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Commission (CIPC) and other related institutions.

NB. The Municipality reserves the right to conduct an inspection at any time.

10 services of correspondents

10.1 The services of correspondent Legal practitioners/Legal firms should be used for the smooth and

speedy running of the legal processes as prescribed. The municipality from time to time shall

recommend Correspondent Attorneys to Legal Practitioners.

11 transitional matters

11.1 The Service Provider is required to return all files to the Municipality, at its own costs, three months

before the end of contract, except in cases where litigation process had commenced. This shall be

subject to the status of the matter and discussions between the Municipality and the Service Provider.

11.2 Successful Service Providers must, on annual basis, submit certified copy of Fidelity Fund

Certificate to the Municipality before 1st June of each calendar year. Failure to submit the required

proof timeously (on 1 June) will result in the recalling of any instruction already give to such a legal

practitioner in the absolute and sole discretion of the Municipality. Proof of Letter of Good Standing from

the Legal Practice Council must also be submitted annually, and, as such, be submitted before 1 April

of each calendar year.

12 allocation of work and entitlement to get the work

12.1 The allocation of work to the Legal Firm or Legal practitioner will be on “as and when required” and

on rotational basis. The fact that a Legal firm/ Legal practitioner has been appointed should not be an

entitlement or expectation to demand /claim that the work should be given to him/her. The allocation

of work is dictated by the circumstances as and when it is necessary and upon the discretion of the

Municipality. The Municipality may under any circumstance re-allocate the matter to another Law Firm

(malperformance). In the case where the municipality is not satisfied with the standard of work

performed or handling of the litigation matter.

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13 contigency agreement

13.1 The Municipality may conclude a contingent agreement with the Legal Firm as required by legislation.

14 free of charge legal service to the municipality

14.1 The Legal Firm may voluntary render free legal service to the municipality as part of its social

responsibility.

Nb: all references should be detailed in the following manner and be substantiated

With evidence and the following information should be outlined:

• The Company name with a letterhead
• The reference person, Tel number and Email address
• The project Scope which provides the reference information of projects, transactions and institutions

from client to whom similar to scope of work required by the Phokwane Local Municipality were

rendered

Contact person (technical / specification related enquiries)

HR Manager: Ms. M. Taaibos

Tel: 053 474 9700

Email: [email protected]

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The successful bidder will be required to fill in and sign a written contract form (mbd7.1)

The BID should be clearly marked: PLM/TPANEL-LEG/0208-2026

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration

Number

TAX COMPLIANCE STATUS TCS PIN: AND CSD No:

B-BBEE STATUS LEVEL B-BBEE STATUS ☐ Yes ☐ Yes

Verification certificate level sworn

[Tick applicable box] affidavit

☐ No ☐ No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN

Order to qualify for preference points for b-bbee]

Are you a foreign

ARE YOU THE ACCREDITED BASED SUPPLIER FOR ☐Yes ☐No

REPRESENTATIVE IN SOUTH ☐Yes ☐No THE GOODS

Africa for the goods

/Services /works [if yes, answer part b:3

/Services /works

[If yes enclose proof] offered? ]

Offered?

Total number of items

Offered total bid price r

Signature of bidder

.................................... Date

Capacity under which

This bid is signed

Bidding procedure enquiries may be directed to: technical information may be directed to:

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Supply chain

Department management department corporate service

Contact person m. Viljoen contact person m. Taaibos

Telephone

Telephone number 0534749700 number 0534749700

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

Part b

Terms and conditions for bidding

Bid submission:

Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted for

Consideration.

All bids must be submitted on the official forms provided–(not to be re-typed) or online

This bid is subject to the preferential procurement policy framework act and the preferential

Procurement regulations, 2017, the general conditions of contract (gcc) and, if applicable, any other

Special conditions of contract.

Tax compliance requirements

Bidders must ensure compliance with their tax obligations.

Bidders are required to submit their unique personal identification number (pin) issued by SARS to enable

The organ of state to view the taxpayer’s profile and tax status.

Application for the tax compliance status (tcs) certificate or pin may also be made via e-filing. In order

To use this provision, taxpayers will need to register with SARS as e-filers through the website

Www.SARS.GOV.ZA.

Foreign suppliers must complete the pre-award questionnaire in part b:3.

Bidders may also submit a printed tcs certificate together with the bid.

In bids where consortia / joint ventures / sub-contractors are involved, each party must submit a

Separate tcs certificate / pin / csd number.

Where NO tcs is available but the bidder is registered on the central supplier database (csd),

A csd number must be provided.

Questionnaire to bidding foreign suppliers

Is the entity a resident of the republic of south africa (RSA)? ☐ yes ☐ NO

Does the entity have a branch in the RSA? ☐ yes ☐ NO

Does the entity have a permanent establishment in the RSA? ☐ yes ☐ NO

Does the entity have any source of income in the RSA? ☐ yes ☐ NO

Is the entity liable in the RSA for any form of taxation? ☐ Yes ☐ NO

If the answer is “NO” to all of the above, then IT is not a requirement to register for a

Tax compliance status system pin code from the south african revenue service (SARS) and

If not register as per 2.3 Above.

Nb: failure to provide any of the above particulars may render the bid invalid.

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NO bids will be considered from persons in the service of the state.

Signature of bidder: ...................................................

Capacity under which this bid is signed: ...................................................

Date: ....................................................

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Mbd 2 — tax compliance status

It is a condition of this bid that:

• The tax matters of the successful bidder must be in order, or a satisfactory arrangement must have been

made with the South African Revenue Service (SARS) to meet its tax obligations.

• Bidders must obtain a Tax Compliance Status (TCS) PIN from SARS eFiling. The Municipality will

verify the bidder's tax-compliance status electronically using this PIN on the SARS eFiling system.

• In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a

separate TCS PIN.

• Failure to submit a TCS PIN, or a finding of non-compliance on verification, will result in the bid being

disqualified at the award stage.

1. Name of taxpayer / bidder

2. Trading name

3. Identification Number (sole proprietor)

4. Company / CC / Trust Registration Number

5. Income Tax Reference Number

6. VAT Registration Number (if applicable)

7. PAYE Employer Registration Number (if applicable)

8. Tax compliance status (tcs) pin

Signature: ___________________________________ Date: ________________________

Name (print): ________________________________ Capacity: _____________________

Name of Bidder: _____________________________________________________________

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Mbd 4 – declaration of interest

Declaration of interest

1. No bid will be accepted from persons in the service of the state.
2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make

an offer or offers in terms of this invitation to bid. In view of possible allegations of favoritism, should the

resulting bid, or part thereof, be awarded to persons connected with or related to persons in the service of the

state, it is required that the bidder or their authorised representative declare their position in relation to the

evaluating/adjudicating authority.

3. In order to give effect to the above, the following questionnaire must be completed and submitted with

the bid.

3.1 Full Name of bidder or his / her representative:

...........................................................................................................

3.2 Identity Number: ....................................................................................

3.3 Position occupied in the Company (director, trustee, shareholder2):

..........................................................................................................

3.4 Company Registration Number: ...............................................................

3.5 Tax Reference Number: .........................................................................

3.6 VAT Registration Number: ......................................................................

3.7 The names of all directors / trustees / shareholders / members, their individual identity numbers and state

employee numbers (where applicable) must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state? YES / NO

3.8.1 If yes, furnish particulars:

.....................................................................................................................

......................

...............................................................................................................

.....................

...............................................................................................................

1 MSCM Regulations: “in the service of the state” means to be –

(a) a member of –

(i) any municipal council;

(ii) any provincial legislature; or

(iii) the National Assembly or the National Council of Provinces;

(b) a member of the board of directors of any municipal entity;

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(c) an official or any Municipality or municipal entity;

(d) an employee of any national or provincial department, national or provincial public entity or constitutional institution

within the meaning of the Public Finance Management Act, 1999 (Act No. );

(e) a member of the accounting authority of any national or provincial entity; or

(f) an employee of Parliament or a provincial legislature.

2 “Shareholder” means a person who owns shares in the company and is actively involved in the management of the

company or business and exercise control over the company.

3.9 Have you been in the service of the state for the past twelve months? YES / NO

If yes, furnish particulars:

3.9.1 .....................................................................................................................

......................

...............................................................................................................

.....................

...............................................................................................................

3.10 Do you have any relationship (family, friend, other) with persons in the service of the state YES / NO

and who may be involved with the evaluation and or adjudication of this bid?

3.10.1 If yes, furnish particulars:

.....................................................................................................................

......................

...............................................................................................................

.....................

...............................................................................................................

3.11 Are you, aware of any relationship (family, friend, other) between any other bidder and any YES / NO

persons in the service of the state who may be involved with the evaluation and or

adjudication of this bid?

3.11.1

If yes, furnish particulars:

.....................................................................................................................

......................

...............................................................................................................

.....................

...............................................................................................................

3.12 Are any of the company’s directors, trustees, managers, principle shareholders or YES / NO

stakeholders in the service of the state?

3.12.1 If yes, furnish particulars:

.....................................................................................................................

......................

...............................................................................................................

.....................

...............................................................................................................

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20 A detailed CV including certified copies of admission as an attorney in the FOR FUNCTIONALITY

High Court, valid Certificate of Good Standing issued by the South African

Legal Practice Council Academic and Professional

qualifications.

21 A detailed CV including certified copies of Academic and Professional FOR FUNCTIONALITY

qualifications attached

22 B-BBEE Status Level Verification Certificate or sworn affidavit (only for FOR PREFERENCE

preference-point claim — non-submission does NOT disqualify; zero preference POINTS ONLY

points will be awarded)

SECTION C: PRE-AWARD / VERIFICATION (These may be verified by the Municipality after closing — non-submission does

not automatically disqualify, but failure to produce before award will disqualify)

23 Certified copies of Identity Documents of all directors / members / partners VERIFIED AT AWARD

(certification not older than 3 months)

24 CIPC Company / Close Corporation registration documents VERIFIED AT AWARD

25 Valid Letter of Good Standing from the Compensation Fund (COIDA) VERIFIED AT AWARD

26 Banking details confirmation (bank-stamped letter or cancelled cheque) VERIFIED AT AWARD

Declaration by bidder

I, the undersigned, confirm that I have read and understood the requirements of this tender and have attached all the

documents as ticked above.

Signature: ___________________________________ Date: ________________________

Name (print): ________________________________ Capacity: ____________________

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Tender No: PLM/TPANEL-LEG/0208 - 2026

Description: APPOINTMENT OF A PANEL FOR PROVISION OF LEGAL SERVICES FOR A

Period of 36 months as and when required

court, Fidelity Fund Certificate, valid Certificate of Good Standing issued by

the South African Legal Practice Council and Academic and Professional

qualifications

qualifications attached

22 B-BBEE Status Level Verification Certificate or sworn affidavit (only for FOR PREFERENCE

preference-point claim — non-submission does NOT disqualify; zero preference POINTS ONLY

points will be awarded)

SECTION C: PRE-AWARD / VERIFICATION (These may be verified by the Municipality after closing — non-submission does

not automatically disqualify, but failure to produce before award will disqualify)

1. Company experience 20

1.1 Company experience: 10 Appointment letters to a panel of

In – depth experience of the legal firm in attorneys by government or

the area(s) of specialization public institution signed by

Company Experience in Similar project – Accounting Officer or Manager:

providing official

similar services in local government

10 or more appointment letters

= (10 points)

6-9 appointment letters = (5 points)

3-5 appointment letters = (3 points)

0-2 and non-submission

= (0 points)

1.2 Company experience: 10 Reference letters from government or

public institution in respect of the

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In – depth experience of the legal firm in the chosen area of specialization signed

area(s) of specialization by Accounting Officer or authorised

Company Experience in Similar project –Law official in respect of the chosen area of

similar services in local government

10 or more reference letters

= (10 points)

6 - 9 reference letters = (5

points)

3-5 reference letters = (3

points)

0-2 and Non-Submission

= (0 points)

2 Key Personnel 80

2.1 Lead Attorney’s Experience post admission 40 A detailed CV including certified copies of

(Please Attach)

10 years’ experience and above

= (40 points)

6 - 9 years’ experience = (30

points)

3 - 5 years’ experience = (15

points)

0 -2 years of experience = (0

points)

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2.2 Professional Assistant’s or Associate’s 30 A detailed CV including certified copies of

experience admission as an attorney in the High

service/field applying for Council Academic and Professional

qualifications. (Please Attach)

10 years’ experience and above

= (30 points)

6 - 9 years’ experience = (15

points)

3 - 5 years’ experience = (10

points)

0-2 years of experience = (0

points)

2.3 Candidate Attorney’s 10 A detailed CV including certified copies of

7.1 Attendance of attorneys R R

per hour per hour

7.2 Attendance of candidate R R

attorneys per hour per hour

7.3 Preparation for consultation and

pre-trial inspection, including re- R R

perusal of documents where per hour per hour

necessary:

7.3.1 Attendance of attorneys R R

per hour per 15 mins

7.3.2 Attendance of candidate R R

attorneys per hour per mins

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11.1 Counsel employed R R

per 15 mins per 15 mins

11.1.1 Preparation including re- R R

perusal of necessary document per 15 mins per 15 Mins

11.1.2 Attorneys attendance of Court R R

per hour per hour

11.1.3 Candidate attendance of Court R R

per hour per hour

11.2 Counsel not employed R R

per 15 mins per 15 mins

11.2.2 Preparing for trial including re- R R

perusal of the necessary documents per hour per hour

by

attorney on behalf of the Municipality

(No Counsel employed)

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11.3 Preparation for trial in the form R R

of consultations, inspection in loco, per hour per hour

appearing attorney

2.1.1.12 Civil Litigation (Magistrate & High Courts, Labour Court, Land Claims Court; Supreme Court of

Appeals and Constitutional Court, Arbitrations)

2.1.1.13 Local Government Law;

2.1.1.14 Municipal Finance Management Act

2.1.1.15 Property Law (including Spluma and Conveyancing);

2.1.1.16 Security and Policing Law;

2.1.1.17 Transportation Law including National Land Transport Act, 2009 (Act and Economic

3.3 The fee notes submitted shall be in itemized form and clearly indicating the actual work done and the fee charges

for each item as per the recognized rates. Invoices submitted late (after end of the current financial year) shall

not be honored except where there are good reasons in the eyes of the Municipal Manager.

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3.4 The Legal Firm shall depend on the nature and circumstances of any legal matter, provide a quotation or a legal fee,

prior to the services being rendered. Further the firm may submit interim bills to the Municipality at appropriate

intervals during each matter as appropriate and generally at the time when a particular phase of the matter has been

completed. Municipality shall not renumerate a legal Firm for work not done or not satisfactory done.

3.5 Unreasonable, inflated legal fees claimed will lead to a ground for cancellation of the agreement and the invoice

shall not be paid until the information on the invoice is corrected and approved by the Municipal Manager in

consultation with the Manager: legal Services. The Municipality intends to pay all legal fees within a period of 30

days of receipt of the invoice.

3.6 Legal fees in respect of handling disciplinary hearing and/or appeals on behalf of the municipality shall be negotiable

with the appointed legal firm.

5.5 The appointed Legal Firm is responsible to arrange consultations with witnesses through the manager: Legal

and Valuation Services and/or the responsible Legal Advisor

5.6 In all instances where a legal firm is appointed to preside or prosecute in a disciplinary hearing. It must endeavor to

finalise both disciplinary and appeal hearings within a period one (1) month from the commencement date. In case

there are delays, reasons for the delay must be provided in writing to the Manager: Legal and Valuation Services

and the Municipal Manager, No Advocate may be appointed without a specific written mandate from the Manager:

travelling allowance or any remuneration will be paid by the Municipality emanating from an instruction to deal with a matter

around jurisdiction of the Municipality NB: No director and senior associate shall appear in the Magistrate Court without the

permission of the Municipal Manager in consultation Unit Head: Legal and Valuation

3.1 Preparation thereof R R

including research per hour per hour

3.2 Drawing and typing of opinion R R

per page per . NOTICES

4.1 Notice of intention to defend and R R

formal notice

4.2 non-formal notice R R

per notice per notice

4.3 Services and filling R R

4.4 Filling sheet R

per hour per hour

5.1 No Counsel employed: Applicable R R

to attorneys with right to appearance per hour per hour

in High Court

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financial statements for a period of 36 months.

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5.1.1 Drawing a pleading and R R

drawing same per hour per hour

5.1.2 Draw Summons R R

5.2 Counsel employed R

per hour

5.2.1 Taking instructions to and R

instructing per

Counsel instruction (all necessary

copies included)

5.2.2 Brief to Counsel R

per brief

5.2.3 Filling R

5.2.4 Uplifting brief and attending to R

pay

1.1 Opinions R

per hour

1.2 Drafting of contracts R

per hour

1.3 Chairing of Disciplinary hearings R

per hour

1.4 Prosecutions of Disciplinary hearing R

per hour

1.5 Appearances of SALGBC / CCMA R

per hour

1.6 investigations R

per hour

2 Completed and signed Pricing Schedule — all pricing fields completed in non- MANDATORY

erasable black ink

3 Completed and signed MBD 1 — Invitation to Bid MANDATORY

4 Completed and signed MBD 4 — Declaration of Interest MANDATORY

5 Completed and signed MBD 6.1 — Preference Point Claim Form (PPR 2022) MANDATORY

6 Completed and signed MBD 8 — Declaration of Bidder's Past SCM Practices MANDATORY

7 Completed and signed MBD 9 — Certificate of Independent Bid Determination MANDATORY

8 Completed Schedule 1A — Authority of Signatory (company resolution / power MANDATORY

of attorney for JV / sole-proprietor certificate)

9 Completed Schedule 1B — Compulsory Enterprise Questionnaire MANDATORY

16 In the case of a Consortium / Joint Venture: signed and dated JV Agreement MANDATORY (if applicable)

specifying profit, liability and workshare

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SECTION B: EVALUATION DOCUMENTS (Required for scoring of functionality and/or preference points)

process.

Introduction

1.1 Phokwane Local Municipality invites bids from suitably qualified attorneys to be placed on the Panel of Attorneys to

assist the municipality to achieve its vision and its strategic objectives. The duration for appointment of panel of

legal practitioners is a period of 36 months as and when required. The appointment to the panel of attorney is

subjected to a conclusion of a service level agreement. The Legal and Valuation unit is responsible for the

Municipality’s legal related work which amongst others includes the following: -

• Contracts Management;
• Litigations & Claims;
• Corporate Legal Compliance;
• Council Legal Compliance;
• Municipal Courts;
• Municipal Entities Governance;
• Specialized Commercial Legal Services; and
• By-Law Compilation

1.2 The Municipality requires the services of appropriately qualified legal practitioners to render legal services as

and when may be required. The duration for appointment of panel of legal practitioners is a period of 36

months as and when required. It is subjected to a conclusion of a service level agreement.

1.3 The objective is to identify legal practitioners that can render legal services over a broad spectrum of the fields of

law as well as specific types of legal services where a bidder specializes in a specific field of law as set out

hereunder.

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1.4 To avoid any possible conflict of interest, prospective service providers who are appointed will be required

not to accept any instructions from any party against Phokwane Local Municipality. Phokwane Local Municipality

reserves the right in its sole discretion to appoint any number of legal practitioners or law firms to serve on its legal

panel for management purposes.

1.5 Phokwane Local Municipality may from time to time require specialised legal expertise and therefore reserves the

right to, in deserving cases to appoint a senior Counsel depending on the complexity and importance of the

matter to the Municipality. Should the successful bidder believe that the matter can be resolved in any other

manner, the Municipality must be informed in writing of such alternative prior to any further steps being

taken. To avoid the Municipality incurring high litigation costs, the bidder is expected at all material times to act in

the best interest of the Municipality and must attempt to resolve the dispute by way of settlement and/or

requesting for the application of Rule 41A of the Rules of Court or application of Pre-dismissal agreement in term

of Labour Relations Act or any other agreed mechanisms as agreed with the other party after consultation with

Municipal Manager as well as the unit manager: Legal and Valuation Services.

1.6 As part of the terms and conditions of appointment, it is expected from the Legal Firm to finalise matters or

cases within a reasonable short period of time to avoid dormancy of cases and the recovery of all capital and

interest owing, where applicable as well as the recovery of all costs orders made by the Court including execution

steps as well as any other relevant steps. In the case where the matter becomes dormant, the successful bidder

should try to finalise the matter or cause the matter to be withdrawn. The Legal Firm is responsible to claim

legal costs against any unsuccessful party to litigation and to implement the court order as soon as possible.

not to unreasonably inflate or exaggerate legal fees, hours, or services. All invoices should be accompanied by

detailed supportive documents and proof that the services have been rendered as well as the hours spent on

dealing with matters. The municipality does not allow more than one attorney to claim on the same matter. Payment

will only be made to the appointed Attorney.

3.2 The Municipality reserves the right to peruse any invoice that has been submitted for payment and may refuse

to make payments and further refer any disputed amount to the Legal Practice Council for advice. The Fee

fees or information on contingent lability or Assets and or the merits of any matter or pending case. The municipality

will under no circumstances pay any invoice relating to the preparation of contingent liability or assets and or

attending to Audit queries as well as preparation of litigation matters or performance- based report.It is expected

from the Legal form to attend and communicate on monthly basis with the manager: Legal and Valuation Services

on the management of Contingent asset Register

strictly unacceptable.

5.7 The Legal firm shall, by all means, finalise all the cases allocated and must ensure that no dormant cases are

experienced by the municipality.

5.8 The Legal Firm must tick which service Categories or Specialised fields/ areas of law they are bidding for from the

below mentioned:

5.9 The Legal Firm shall at all times provide requested information to the municipality and to prepare and submit litigation

and contingent asset / liability register to the Municipality.

9.1 It is expected from the Legal practitioner/ Legal Firm to be equipped with advanced technology,

facilities for the performance of assigned duties. Such technology should, amongst others: -

9.1.1 assist with access to information during research e.g. (legislation, law reports articles

and communication).

9.1.2 Allow for deeds search as well as for lodging of documents to Register of Deeds

9.1.3 Allow for company search and access to Companies and Intellectual Property

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Commission (CIPC) and other related institutions.

The Tenderer shall, within two (2) weeks after receiving a completed copy of this Agreement (including the Schedule of

Deviations, if any), contact the Employer's agent (whose details are given in the Contract Data) to arrange the delivery of any

bonds, guarantees, proof of insurance and other documentation to be provided in terms thereof.

Phokwane Local Municipality does not bind itself to accept the lowest or any tender, or to furnish any reason for the acceptance or rejection of a tender. The municipality reserves the right to appoint or not to appoint to lowest bidder in an event the bidder is below the market related rates.

Legal Practice Council SA certificate Compliance required.

Closing Date: 20 AUGUST 2026 AT 12:00pm