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Summary ADL2601 ASSIGNMENT 1 SEMESTER 1 OF 2023 [675826]

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ADL2601 ASSIGNMENT 1 SEMESTER 1 OF 2023 [] 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] 1.2 Considering the above facts, list the requirements for just administrative action. [6] 1.3 Kindly advise on what authoritative sources of law from an Administrative Law perspective could Leballo Constructions and Projects CC rely on in support of its case, if the company aims to challenge the decision of the Procurement Manager. [7] 1.4 Assume that no reasons were given by the Procurement Manager to Leballo Constructions and Projects CC for the cancellation of its contract, what remedy is available to Mumberg (Pty) Ltd if it is not satisfied with the lack of reasons provided by the Procurement Manager? Answer the preceding question in terms of the relevant provision(s) of PAJA.

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ADL2601 ASSIGNMENT 1 OF SEMESTER 1
2023

UNIQUE CODE: 675826

,1

, ADL2601 ASSIGNMENT 01
FOR FIRST SEMESTER STUDENTS ONLY
UNIQUE NUMBER: 675826
DUE DATE: 04 APRIL 2023 at 18h00

FACTUAL SCENARIO
___________________________________________________________________________
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 that1:

“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 to
complete 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.




1
NB: This is a hypothetical subordinate legislation and does not reflect to correct version of the original
legislation.

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