, FUR2601 Assignment 2 (COMPLETE ANSWERS)
Semester 1 2025 - DUE April 2025; 100% TRUSTED
Complete, trusted solutions and explanations. For
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QUESTION 1
There is a crisis in the provision of social grants due to an invalid
tender. The matter goes to court, and the court gives its order. Examine
the following four items in the court order. Name each remedy used,
and briefly explain why the Court chose to use each of them. (In other
words, briefly explain the necessity/benefit of each remedy)
1.1 The Contract for the payment of social grants between the South
African Social Security Agency (SASSA) and Cash Paymaster Services
(Pty) Ltd (Cash Paymaster) dated 3 February 2012 is declared invalid. (3)
Remedy Used: Declaration of Invalidity
A declaration of invalidity is a judicial remedy where the court
finds that a law, regulation, or contract is unlawful and therefore
has no legal effect.
In this case, the contract between SASSA and Cash Paymaster was
found to be invalid due to procedural irregularities, likely
involving non-compliance with procurement laws or constitutional
principles (such as fairness, equity, and transparency).
The court used this remedy to affirm the importance of lawful
procurement processes and to prevent government institutions
from benefiting from unlawful contracts.
Semester 1 2025 - DUE April 2025; 100% TRUSTED
Complete, trusted solutions and explanations. For
assistance, Whats-App
QUESTION 1
There is a crisis in the provision of social grants due to an invalid
tender. The matter goes to court, and the court gives its order. Examine
the following four items in the court order. Name each remedy used,
and briefly explain why the Court chose to use each of them. (In other
words, briefly explain the necessity/benefit of each remedy)
1.1 The Contract for the payment of social grants between the South
African Social Security Agency (SASSA) and Cash Paymaster Services
(Pty) Ltd (Cash Paymaster) dated 3 February 2012 is declared invalid. (3)
Remedy Used: Declaration of Invalidity
A declaration of invalidity is a judicial remedy where the court
finds that a law, regulation, or contract is unlawful and therefore
has no legal effect.
In this case, the contract between SASSA and Cash Paymaster was
found to be invalid due to procedural irregularities, likely
involving non-compliance with procurement laws or constitutional
principles (such as fairness, equity, and transparency).
The court used this remedy to affirm the importance of lawful
procurement processes and to prevent government institutions
from benefiting from unlawful contracts.
