+27 680 77 9615
280 Oak Avenue, Randburg, Johannesburg, ZA
ADL2601
ASSIGNMENT 1
SEMESTER 1
2023
, +27 680 77 9615
280 Oak Avenue, Randburg, Johannesburg, ZA
On the 01st of February 2022, Ms Mavis Dube (Ms Dube) was appointed to the position of
Procurement Manager at Itsoseng Local Municipality in Northwest Province of South Africa
following the resignation of his predecessor Mr Bethuel Nkomo (Mr Nkomo). Two (2) months after
her appointment, Ms Dube begun to review all tenders awarded by the Itsoseng Local
Municipality to service providers during Mr Nkomo’s tenure. Upon reviewing those tenders, she
noticed that the Municipality has awarded a tender to Leballo Constructions and Projects CC (a
company that is always doing business with the Municipality and owned by one of his pollical
rival’s cousin – Leornard Mpura) to build 200 RDP houses in the district of Lefare District
Municipality in the Northwest. Ms Dube decides to cancel the preceding tender for unknow
reasons. The notice was published on Tender Notice 06 of 2023. Ms Dube was exercising her
powers as enshrined in Regulation 13(c) of the Municipal Finance Management Act of 2003 which
states that:
“Organs of states are entitled to terminate the procurement contracts if they found that there
were or are irregularities during the procurement processes and or the procurement contracts
have been concluded in contravention of the applicable legislation”.
Following the cancellation of the tender, Ms Dube appoints Batho Pele Consulting (Pty) Ltd
tocomplete the work. Mr Mpura decides to confront Ms Dube about her decision to cancel the
tender and demands reasons for her decision. Ms Dube’s reason was that she was exercising her
discretionary powers as a Procurement Manager of the Municipality, and she has the powers to
do so.
Answer the following questions and substantiate your answers with reference to relevant
legislation and case law where applicable.
Question 1
1.1 Discuss the meaning of an Organ of State as defined in the Constitution of South Africa, 1996.
Support your answer with reference from the relevant legislation. [5]
According to Section 239 of the Constitution of South Africa, 1996, an organ of state means:
“any department of state or administration in the national, provincial or local sphere of government
or any other functionary or institution when—
(a) exercising a power or performing a function in terms of the Constitution or a provincial
constitution; or
280 Oak Avenue, Randburg, Johannesburg, ZA
ADL2601
ASSIGNMENT 1
SEMESTER 1
2023
, +27 680 77 9615
280 Oak Avenue, Randburg, Johannesburg, ZA
On the 01st of February 2022, Ms Mavis Dube (Ms Dube) was appointed to the position of
Procurement Manager at Itsoseng Local Municipality in Northwest Province of South Africa
following the resignation of his predecessor Mr Bethuel Nkomo (Mr Nkomo). Two (2) months after
her appointment, Ms Dube begun to review all tenders awarded by the Itsoseng Local
Municipality to service providers during Mr Nkomo’s tenure. Upon reviewing those tenders, she
noticed that the Municipality has awarded a tender to Leballo Constructions and Projects CC (a
company that is always doing business with the Municipality and owned by one of his pollical
rival’s cousin – Leornard Mpura) to build 200 RDP houses in the district of Lefare District
Municipality in the Northwest. Ms Dube decides to cancel the preceding tender for unknow
reasons. The notice was published on Tender Notice 06 of 2023. Ms Dube was exercising her
powers as enshrined in Regulation 13(c) of the Municipal Finance Management Act of 2003 which
states that:
“Organs of states are entitled to terminate the procurement contracts if they found that there
were or are irregularities during the procurement processes and or the procurement contracts
have been concluded in contravention of the applicable legislation”.
Following the cancellation of the tender, Ms Dube appoints Batho Pele Consulting (Pty) Ltd
tocomplete the work. Mr Mpura decides to confront Ms Dube about her decision to cancel the
tender and demands reasons for her decision. Ms Dube’s reason was that she was exercising her
discretionary powers as a Procurement Manager of the Municipality, and she has the powers to
do so.
Answer the following questions and substantiate your answers with reference to relevant
legislation and case law where applicable.
Question 1
1.1 Discuss the meaning of an Organ of State as defined in the Constitution of South Africa, 1996.
Support your answer with reference from the relevant legislation. [5]
According to Section 239 of the Constitution of South Africa, 1996, an organ of state means:
“any department of state or administration in the national, provincial or local sphere of government
or any other functionary or institution when—
(a) exercising a power or performing a function in terms of the Constitution or a provincial
constitution; or
