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PROCUREMENT AND SUPPLY CHAIN LAW

We assist public and private sector clients with the complex administrative and legal principles applying to tender processes. As well as guiding private sector clients through tedious procurement processes, or challenging public procurement processes which fall foul of the applicable principles.

  • Advice to government or public entities on appropriate procurement processes
  • Assistance in drafting tender documentation
  • Assistance in legal issues that arise when tenders are evaluated
  • Representation of government where tender awards are challenged
  • Advice to private sector entities on responding to government tenders, on preparing submissions and representing entities that wish to challenge or defend tender awards
  • Facilitation of public/ private partnerships (PPP)
  • Advice on black economic empowerment (BEE) matters
  • Drafting and review various agreements including consortium and joint venture agreements, shareholders’ agreements, concession agreements, preferred supplier agreements, and service level agreements

Information Technology

 

Software Development Contracts

 

Of the many contracts drawn by our Mr. Mashiane, the Customer Management and Retail Billing System’s – Power Bill (CRMB SYSTEM) software agreement is worth mentioning. The drafting, negotiating and eventual signing of this software development contract took a period of 18 months. The developer, Atos Origin and its parental company, were involved in the drawing of this agreement.

 

Drafted and negotiated the Dynamic MSISDN Allocation agreement with XPon Card A/S software development company situated in Denmark. This software allowed MTN to dynamically assign a MSISDN to a potential subscriber with the benefit that it allowed MTN to have sufficient distribution of MSISDN without dependency on ICASA to allocate such, thereby gave MTN a comparative advantage to a quick turnaround.

 

Software Licence Agreements

 

Roamware Incorporated

 

The software, Licence and Maintenance Agreement was drawn and negotiated by our Mr. Mashiane. This contract entails the implementation of Roamware’s patented Network Traffic Redirection platform for MTN South Africa. The Network Traffic Redirection product enabled MTN’s out roaming subscribers to be “redirected” to MTN’s preferred roaming partners as per rules setup by MTN.

 

Hewlett-Packard South Africa (Pty) Ltd

 

In this matter, after HP was successful in a tender, HP through its business relationship with cVidya Networks, was to carry out the supply, installation, configuration and implementation of the Licensed Software, the Configurations and associated Services.

 

Maintenance and Support Agreements

 

Drew the maintenance and support agreement with supplier Alandick Company (SA) (Pty) Limited for the MTN Cell Extender (RN 5105 OMC SERVER).

 

Hardware Supply & Installation Agreement

 

Ericsson South Africa (Proprietary) Limited

 

Agreements regarding optimisation of, inter alia, a 3G cellular mobile telephone system and network (3G Network) in various areas. Our Mr. Mashiane drew and negotiated this agreement with Ericson South Africa.

 

Escrow Agreements

 

Various ESCROW agreements were drawn by Mr. Mashiane in relation to the escrowing of Software and mostly in the Sale and Purchase Agreements of Shares where payment in cash was to be made.

 

Turnkey Contracts

 

We assisted in the drafting of turnkey contracts for the Planning and Implementation of PicoCells (GSM900, GSM1800 and UMTS) and Mini-Cell Extenders.

Drew agreements relating to:

  • Point -to- Multipoint Transmission Systems;
  • the Microwave Transmission Managed Services (MTMS);
  • the Built, Operate and Transfer Agreements (BOT Agreements) and
  • the Establish, Operate And Transfer Agreements (EOT) of radio access network optimisation.

 

Procurement of Services

 

We were involved in the drawing of a service agreement between client and Information Enabling Environments (Pty) Ltd.

 

Client had successfully deployed the initial phases of Central Archiving Repository (CAR) initiative with a full DR facility. The four key elements thereof have been implemented – (i) the core Archive repository, (ii) Archiving CDRLive data, (iii) Archiving G360 Imaging and (iv) workflow and integrating email archiving into the CAR.

 

In addition to the CAR administration, general Maintenance and troubleshooting of the existing implementation, Information Enabling Environments (PTY) LTD objectives was to investigate, plan and implement archiving initiatives as required by client. These include:

  • Direct feed of CDR’s from EMM bypassing CDR Live to improve data reliability;
  • Powerbill archive investigation, design and implementation;
  • PPMS archive investigation, design and implementation;
  • Print and File archive investigation, design and implementation;
  • Sharepoint archive investigation, design and implementation;
  • Oracle pruning investigation, design and implementation;
  • Retail billing archive investigation, design and implementation; and
  • EDW archive investigation, design and implementation.

 

We were also instructed to draw a service agreement with RedScreen (Pty) Limited for the Profiling, Classification and ultimately resolution of data quality issues.

 

We drew other service agreements including the Fleet Management Services Agreement; Trial Agreements; Guarantee Agreements; Training and Lease Agreements.

 

Sale of Shares

 

  • Acquisition of Shares in Mobile Solutions (Pty) Limited including shares held by Kanimambo Trust and Redford.
  • The Cell Place (Pty) Limited sale of shares agreement was attended to by Mr. Mashiane.
  • The transaction between Telecel Zambia Limited v MTN International (Mauritius) Limited.
  • MTN Network Solution (Pty) Limited engaged us to draw a sale of shares agreement between itself and Thintha Thintha Telecoms (Pty) Limited.