Bardine Hall – Senior Associate

Qualifications, Training and Certification:

  • BA, LLB
  • Certificate in Legal Writing, UCT, 2001
  • Executive Programme for Senior Western Cape Provincial Officials, 2003
  • Certificate in Legislative Drafting (cum laude), University of JHB, 2008

Practice Areas:

Constitutional Law, Public & Administrative Law, Land Use Planning Law, Property Law, Provincial and Local Government Law, Legislative Drafting and Interpretation of Statutes

Professional Affiliations:

Cape Law Society, Common Wealth Association of Legislative Council

Professional Profile:

Bardine completed her studies for her BA, LLB degree at Stellenbosch University in 1995. She started her career at Goldberg & de Villiers Partnership as a candidate attorney and later on as professional assistant. Thereafter she relocated to Windhoek, Namibia, where she worked at a reputable law firm dealing with litigation and estate administration. She returned to South Africa in 2000 and took up appointment as State Law Adviser at the Western Cape Provincial Government where she gained experience in public law, general legal advisory work and the drafting and implementation of legislation in various fields including property law and land use planning. She rejoined the Goldberg & de Villiers Inc. team in April 2016.

Public law and related matters

As state law adviser she provided advice on a wide range of matters relating to public law and provincial and local government matters and gained knowledge an expertise in these fields.

Legislative Drafting

She was involved in the drafting of legislation according the drafting instructions of client departments in the fields of housing, property management, tourism and economic development and land use planning. She also assisted in a project relating to the review of the Western Cape Government’s statute book with the purpose of making proposals for the reform of old order laws and to repeal legislation that have become obsolete. She specifically focused on legislation administered by the provincial departments responsible for housing, land use planning and agriculture.

Pieces of legislation where she assisted with the drafting thereof or which were vetted by her include the following:

Local Government legislation

Drafting standard draft municipal by-laws (model by-laws) including:

  • Standard Draft Rules and Orders By-law
  • Standard Draft Tariff Policy By-law
  • Proposed Standard Draft Zoning Scheme By-law, 2015 (LUMS or Land Use Scheme)
  • Proposed Standard Draft By-law on Municipal Land Use Planning, 2015

Provincial Legislation:

  • Western Cape Community Safety Act, 2013 (Act 3 of 2013)
  • Western Cape Land Use Planning Act, 2014 (Act 3 of 2014)
  • Western Cape Investment and Trade Promotion Agency Amendment Act, 2013 (Act 6 of 2013)
  • Western Cape Provincial Police Ombudsman Regulations, 2015
  • Western Cape Land Use Planning Regulations, 2015
  • Western Cape Membership of the Western Cape Economic Development Partnership Act, 2013
  • Draft Community Safety Regulations, 2015
  • Draft Western Cape Immovable Asset Management Bill
  • Draft Western Cape Housing Amendment Bill
  • Annual Appropriation and Adjustments Appropriation Laws
  • Provincial notices and proclamations dealing with the above legation and legislation on transport and levying of tolls
  • Through her involvement in the above drafting projects she advised on the legal matters pertaining to the fields of housing, property law, spatial planning and land use management and the implementation and interpretation of relevant legislation in these fields.
  • As state law adviser responsible for the certification of the above legislation she advised on the legal soundness of the laws and compliance with drafting standards and conventions. She assisted departments and provincial executive authorities with the introduction of legislation in the legislature, briefing the legislature on the Bills and addressing comments and questions on the Bills.

National Legislation

She also assisted provincial executive authorities and departments to comment on national legislation during the draft Bill stage and formal stage after the Bill has been introduced in Parliament by drafting and submitting comments to the Parliamentary Committees and making submissions to the Committees.

Services offered:

The following legislative drafting assistance can be provided:

  • Reviewing and acting on drafting instructions
  • Researching the legal framework applicable to draft legislation
  • Drafting bills, subordinate legislation and by-laws according to instructions
  • Legal advice relating to substantive parts of the proposed legislation including enforcement provisions, savings and transitional measures and objects and purpose provisions
  • Drafting amendment legislation
  • Drafting subordinate legislation including regulations, notices and proclamations.
  • Advising on draft legislation and preparing comments and submissions thereon when it is published for public or intergovernmental comment.

Contact Details

Direct telephone: +27 (0)41 501 9816
E-mail: bardine@goldlaw.co.za