FUR2601
Assignment 2 Semester 1 2025
Unique #:
Due Date: April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
1.1 Remedy: Declaration of Invalidity
The court declared the contract between SASSA and Cash Paymaster Services
invalid.
This remedy was necessary because the tender process that led to the awarding
of the contract was found to be unlawful and unconstitutional. Declaring the
contract invalid upholds the rule of law and ensures that public procurement
processes are fair, transparent, and accountable, as required by the Constitution.
This is required by law (particularly section 172(1)(a) of the Constitution in South
Africa) whenever legislation or conduct is found to be inconsistent with the
Constitution. The main purpose is to confirm that the disputed contract has no
legal standing, ensuring transparency and accountability in public administration.
1.2 Remedy: Suspension of Invalidity
The declaration of invalidity was suspended for 12 months.
The suspension allowed SASSA time to make alternative arrangements for the
continued payment of social grants. If the contract was immediately invalidated,
millions of vulnerable people would have been left without access to social grants.
This remedy ensured continuity of services while maintaining constitutional
compliance in the long term.
1.3 Remedy: Mandatory Order (Mandamus)
The court ordered SASSA to begin a new tender process within 30 days.
This ensures swift corrective action and prevents further delay, ultimately
protecting the constitutional right to social assistance by establishing a lawful
contract to replace the invalid one. It ensured that the agency complied with legal
Varsity Cube 2024 +27 81 278 3372
Assignment 2 Semester 1 2025
Unique #:
Due Date: April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
1.1 Remedy: Declaration of Invalidity
The court declared the contract between SASSA and Cash Paymaster Services
invalid.
This remedy was necessary because the tender process that led to the awarding
of the contract was found to be unlawful and unconstitutional. Declaring the
contract invalid upholds the rule of law and ensures that public procurement
processes are fair, transparent, and accountable, as required by the Constitution.
This is required by law (particularly section 172(1)(a) of the Constitution in South
Africa) whenever legislation or conduct is found to be inconsistent with the
Constitution. The main purpose is to confirm that the disputed contract has no
legal standing, ensuring transparency and accountability in public administration.
1.2 Remedy: Suspension of Invalidity
The declaration of invalidity was suspended for 12 months.
The suspension allowed SASSA time to make alternative arrangements for the
continued payment of social grants. If the contract was immediately invalidated,
millions of vulnerable people would have been left without access to social grants.
This remedy ensured continuity of services while maintaining constitutional
compliance in the long term.
1.3 Remedy: Mandatory Order (Mandamus)
The court ordered SASSA to begin a new tender process within 30 days.
This ensures swift corrective action and prevents further delay, ultimately
protecting the constitutional right to social assistance by establishing a lawful
contract to replace the invalid one. It ensured that the agency complied with legal
Varsity Cube 2024 +27 81 278 3372
