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
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
