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FUR2601 Assignment 2: Semester 1, 2025

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Fundamental Rights - FUR2601 Assignment 2 (100% COMPLETE ANSWERS) Semester 1 2025 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... 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) 1.2 This declaration is suspended for twelve months, to allow SASSA to complete a new tender process as per item (1.3) below. (3) 1.3 SASSA must initiate a new tender process for the payment of social grants within 30 days of this order. (2) 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. (4) QUESTION 2 (13) With refence to relevant case law, describe what is meant by the phrase in section 26 and 27 of the Bill of Rights that “the state must take reasonable, legislative and other measures, within its available resources, to achieve progressive realisation of this rights”.

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FUR2601
ASSIGNMENT 2 SEMESTER 1 2025


UNIQUE NO.
DUE DATE: APRIL 2025

, FUR2601

Assignment 2 Semester 1 2025



Unique Number:

Due Date: April 2025

Fundamental Rights

QUESTION 1: Court Remedies and Their Necessity

When a court finds that a tender process for a government contract is flawed, it can
order various remedies to fix the situation while ensuring that essential services—like
social grants—continue without disruption. Let’s go through each remedy and why the
court used it.

1.1 The contract between SASSA and Cash Paymaster is declared invalid (3
marks)

This is an example of a declaratory order, where the court officially declares the
contract unlawful. The reason for this is simple: if a contract is awarded in a way that
violates legal or constitutional principles, it cannot be allowed to stand. The benefit of
this remedy is that it upholds transparency, fairness, and the rule of law in public
procurement. By declaring the contract invalid, the court prevents an unlawful
agreement from continuing unchecked.

1.2 The declaration of invalidity is suspended for 12 months (3 marks)

Here, the court is using a suspension order. Normally, an invalid contract should be
canceled immediately, but in this case, that would have created chaos because millions
of vulnerable South Africans rely on social grants. The court, therefore, gives SASSA a
grace period of 12 months to fix the situation by arranging a new contract, ensuring that

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Publisher: augustus 2016 ISBN: 9789462366565 Edition: 1

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