FUR2601 Assignment 2 2025 - Due 24 April 2025

FUR2601 ASSIGNMENT 2 2025 DUE 24 APRIL 2025 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. 1.2 This declaration is suspended for twelve months, to allow SASSA to complete a new tender process as per item (1.3) below. 1.3 SASSA must initiate a new tender process for the payment of social grants within 30 days of this order. 1.4 The Minister and SASSA must return and file reports with this Court every three months, commencing on the date of this order, setting out the progress of their plan to pay social grants after the expiry of the 12-month period. 1.1 The Contract for the Payment of Social Grants Between SASSA and Cash Paymaster Services (Pty) Ltd (Cash Paymaster) Dated 3 February 2012 is Declared Invalid. Declaration of Invalidity Is a constitutional remedy applied when a law or contract is found to be inconsistent with the Constitution or legal requirements. In this case, the court has declared the contract between SASSA and Cash Paymaster invalid due to an unlawful tender process, meaning the contract was never legally binding from the outset.