CHIEF DIRECTORATE: STATE LAW ADVISORY SERVICES
HOW do we relate to Provincial Departments?
The Province of KwaZulu-Natal currently follows a decentralised model in respect of the provision of legal services.
In relation to legal work (legal advice and opinions; contract drafting and administration of contracts; and handling of litigation to which the Department or the responsible MEC is a party), the various Legal Administration or Legal Services components in the respective provincial Departments are approached to handle legal matters and to give legal advice in the first instance to the Department concerned. Public sector lawyers attached to the respective provincial Departments are appointed by the executing authority (MEC) of the Department concerned and form part of the establishment of that Department.
The Chief Directorate: State Law Advisory Services in the Office of the Premier may only approached in the final instance to give a definitive legal opinion where a provincial Department seeks confirmation of an internal legal opinion.
The role and responsibility of the Chief Directorate: State Law Advisory Services is –
(a) to provide a comprehensive and professional internal legal advisory service to the Office of the Premier; and
(b) to provide a comprehensive, professional, inter-departmental, transversal state law advisory service to the respective provincial line function Departments protecting the interests of the entire Province.
In fulfilling its transversal role, the Chief Directorate: State Law Advisory Services must ensure that legislation promoted by the respective Provincial Departments for introduction in the Provincial Legislature complies with the Constitution, the current legal and policy framework of the Provincial Government as well as Parliamentary precepts and format. To this end, State Law Advisors attached to the Chief Directorate: State Law Advisory Services in the Office of the Premier are responsible for legally editing and certifying all legislation (Bills) emanating from all provincial Departments for submission to the Executive Council (Cabinet) and the Provincial Legislature. The State Law Advisors also legally edit and certify other provincial legislation such as Proclamations and Regulations.
There are policy guidelines for accessing legal services and briefing the Chief Directorate: State Law Advisory Services in the Office of the Premier.
For further information on the functions of the Chief Directorate: State Law Advisory Services in the Office of the Premier, click here.
Each Provincial Department has its own legal services component ...
... responsible in the first instance for providing legal advisory services to the Department concerned.
For contact details of the legal personnel in the respective provincial Departments, click here.