,FUR2601 Assignment 2 (COMPLETE ANSWERS)
Semester 1 2025 - DUE April 2025
QUESTION 1 [12]
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)
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)
Remedy: Declaration of Invalidity
A declaration of invalidity is a remedy in constitutional
and administrative law that allows courts to invalidate
decisions, policies, or contracts that are inconsistent with
constitutional provisions or statutory laws. In this case,
the court declared the contract between SASSA and Cash
Paymaster Services (CPS) invalid because the tendering
process did not comply with legal requirements, likely
due to procedural irregularities, unfair procurement
practices, or corruption.
The necessity of this remedy is based on the rule of law,
which requires that all state actions, including
procurement decisions, must comply with the principles
of legality, fairness, and transparency. If a contract is
awarded through an unfair or unlawful process, it must
be set aside to prevent the perpetuation of injustice and
to maintain public confidence in government institutions.
Semester 1 2025 - DUE April 2025
QUESTION 1 [12]
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)
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)
Remedy: Declaration of Invalidity
A declaration of invalidity is a remedy in constitutional
and administrative law that allows courts to invalidate
decisions, policies, or contracts that are inconsistent with
constitutional provisions or statutory laws. In this case,
the court declared the contract between SASSA and Cash
Paymaster Services (CPS) invalid because the tendering
process did not comply with legal requirements, likely
due to procedural irregularities, unfair procurement
practices, or corruption.
The necessity of this remedy is based on the rule of law,
which requires that all state actions, including
procurement decisions, must comply with the principles
of legality, fairness, and transparency. If a contract is
awarded through an unfair or unlawful process, it must
be set aside to prevent the perpetuation of injustice and
to maintain public confidence in government institutions.
